PAPER A

25. MINUTES

RESOLVED :

THAT, subject to the inclusion to Minute No 23, that no declarations of interests were declared at this stage, the Minutes of the meeting held on 13 January 2004 be confirmed.

26. DECLARATIONS OF INTEREST

Mr R G Mazillius declared a personal interest in Minute No 28, due to his well- known support of the Isle of Wight Festival, and indicated that he would take no part in the vote thereon.

27. URGENT BUSINESS

The Chairman agreed to the following issues and points of clarification being raised, as it was necessary to advise members of the latest position prior to consideration of the report of the Head of Consumer Services.

a. The France-England Euro 2004 Match

The Licensing Officer reported that as the France-England Euro 2004 match was a Group game, the match would not be subject to extra time. The applicant, therefore, had withdrawn the request, for a special provision to extend the finish time by 45 minutes, on Sunday, 13 June 2004.

RESOLVED :

THAT the report be noted.

b. Complaint to the Local Government Ombudsman

Members were advised of the letter received from Local Government Ombudsman setting out the result of a formal complaint with regard to the music festival in 2003. The inspector had found in favour of the Council. The Council had issued the licence correctly and was found to be not guilty of any maladministration.

RESOLVED :

THAT the report be noted.

c. Complimentary Tickets to the Isle of Wight Festival

The Council’s solicitor referred to possible implications arising from Councillors, on the Licensing Panel, in accepting complimentary tickets to attend the music festival. He advised that Councillors could do so if their intent was to take the opportunity to view operational matters, at first hand, which would benefit the future decision making process of licensing matters. Councillors should not accept the tickets and attend purely in a social capacity. Further clarification, if required, could be sought from the Council’s legal services department.

RESOLVED :

THAT the report be noted.

28. REPORT OF THE HEAD OF CONSUMER SERVICES

Application for the Grant of an Occasional Public Entertainment Licence for Seaclose Park, Newport

Members received the report of the Head of Consumer Protection, which set out details of the application received from Solo Promoters Limited, of 55 Fulham High Street, London for the grant of an occasional Public Entertainment Licence for the Isle of Wight Festival 2004, Seaclose Park, Newport. The applicant had originally requested a maximum number of persons of 25,000 per day. As the promoters now believed that this number could be exceeded, the Council’s Licensing Officer advised the promoters to increase the application to a maximum of 40,000. Although it was expected that approximately 30,000 would be the maximum number attending, on any one-day, this would negate the need for a further application to vary the numbers, should that total subsequently be exceeded.

The Panel noted the times requested and that the request by the applicant for a provision for Sunday 13, June 2004 to extend the finish time by 45 minutes to 2345, had been withdrawn.

The comments of the Traffic Management section and the Operations Inspector for the Isle of Wight, from the Hampshire Constabulary were noted. The IoW Fire and Rescue Service had also written confirming that they would not raise any objection to the grant of a licence subject to compliance with Appendix PEL/4, the Event Safety Guide (Health and Safety Executive) HSG 195 and to being kept fully informed of all meetings with the applicant and submission of a site plan. Comments had also been received from the Environmental Health Department stressing the important need to ensure close control was maintained over sound levels. The local Councillor had submitted a written objection to the grant of a 3-day licence and provided details of a survey undertaken of local residents. The Council’s Building Control department confirmed that although they had no objections, they required plans for the stage structure to be submitted prior to erection.

The application had been advertised in the Isle of Wight County Press and six letters of objection, from members of the public, had been received. A copy of the applicants’ response to the main reasons for objection set out proposals to alleviate the problems. Letters had also been received from a number of organisations stating that they had no objections or major concerns, at this stage, to the 3-day event. Three letters, from members of the public, in support of the festival had also been received.

The Licensing Officer highlighted that Hampshire and the Isle of Wight were to take part in a pilot scheme, in that the Security Industry Authority (SIA) would be taking over the licensing of Door Supervisors, as from 1 March 2004. After 4 June, only SIA licences would be recognised in that area. The Panel were informed that the mainland security company, to be used by the promoter, had provided assurances in that all relevant training would be completed, prior to the music festival. The SIA had also provided an assurance that contingency plans were in place.

The Council’s Environmental Health Manager, was present and outlined the measures which would be in place, at all times during the event, to control the overall noise level and low frequency noise.

Sgt Mudge, of the Hampshire Constabulary Liquor Licensing Unit, was present and addressed the Panel. All of the costs occurred from the additional resources required to police the event would be sought, in full, from the applicant. While having no objections the police wished to be involved at every stage in planning the event.

PC Richardson, of the Traffic Management section, was present and commented on Traffic Management issues. A method statement, which detailed areas of responsibility and timescales would be required from the applicant.

Representatives from the Fire and Rescue Service and from Wight Leisure were also present.

Mr M Ward, on behalf of Solo Promoters Limited, the applicant, was present and outlined his case. An assurance was sought from and provided by Mr Ward, in that the number of attendees on any one-day would not exceed the requested number of 40,000. All reasonable costs occurred by the police would also be met in full.

The local Councillor was present and outlined the concerns of local residents on a variety issues regarding the event, particularly if it was to be held on three days. These included litter left along Fairlee Road, the increase in numbers, noise nuisance and its effect on children from the local Primary school.

Mr Jackman, an objector, was present and addressed the Panel with his reasons against the holding of the music festival in Seaclose Park. These specifically related to the level of acceptable sound from the event, the need for a stricter control of parking in the vicinity and the proposed increase in numbers.

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel had considered the report of the Head of Consumer Protection and had heard from the Licensing Officer, the applicant, Mr Jackman, Mr Mellor and representatives from the Hampshire Constabulary, the Council’s Environmental Health Department and the Isle of Wight Fire and Rescue Service. The written comments submitted by various persons identified in the report were noted, particularly those of the police, fire and rescue, ambulance, the Council’s Environmental Health section and Building Control department, and the Accident and

Emergency Unit, at St Mary’s Hospital.

Members balanced the likely disturbance to local residents and their right to peacefully enjoy their homes against the benefits to those attending the festival. They felt that a 3-day event would not cause a disproportionate disturbance to local people. Members also felt that the conditions imposed would provide for adequate safety and access to the site and would also protect local residents by ensuring that disturbance to them would be kept to a reasonable level.

RESOLVED :

(i) THAT a provisional Public Entertainment Licence be granted, for up to 40,000 people, for the following times:

Friday, 11 June 2004 : 1700 hours – 2300 hours

Saturday, 12 June 2004 : 1200 hours – 2400 hours

Sunday, 13 June 2004 : 1200 hours – 2300 hours

(ii) THAT the Licensing Officer be authorised to grant a full Public Entertainment Licence prior to the event, subject to the following:

(i) The Council’s standard outdoor terms and conditions;

(ii) Any further conditions the Licensing Officer considers necessary and reasonable in order to secure

a. the safety of performers and others present at the event;

b. the adequate access for emergency services vehicles;

c. the provision of adequate sanitary appliances;

d. that local people are not unreasonably disturbed by noise.

CHAIRMAN