Agenda Item No.

 

LICENSING SUB-COMMITTEE

 

Minutes of a meeting held on 8th, 10th and 14th July 2008.

 

Present:  Councillors Mrs. V.M. Hartrey, J.W. Thomas and Mrs. M.R. Wilkinson.

 

Also present:

 

Responsible Authorities:  Licensing Officers, Environmental Health Officers, Trading Standards Officer, Children and Family Services Officer and South Wales Police. 

 

Local Ward Member: Councillor Mrs. A.J. Preston on 8th and 14th July, Councillor Preston having tendered her apologies for the meeting on 10th July.

 

 

(a)       Appointment of Chairman -

 

Councillor J.W. Thomas was elected Chairman for the duration of the meeting.

 

 

(b)       Declarations of Interest -

 

No declarations were received.

                       

 

(c)        Licensing Act 2003 - Application for the Grant of a Time Limited Premises Licence - Ogfest 2008, Sea Lawns Hotel, Slon Lane, Ogmore-by-Sea -

 

All present had been provided with a procedure for sub-committee hearings.

 

Also present: Mr. P.M. Beales, Mr. A. Probert (Applicants) and Mr. M. Jones (Solicitor - Applicants’ representative); up to approximately 60 interested parties.

                       

Prior to the presentation of the application to the Committee, the Licensing Officer drew attention to the fact that the Licensing Authority was required to furnish all parties concerned with any representations ten days in advance of the hearing but that, in this case, had not proved possible.  However, Regulations 31 and 32 of the Licensing Act 2003 (Hearings) Regulations 2005 SI 2005/44 indicated that failure to comply with that requirement did not render the hearing void.  The Council’s Legal Officer advised that the Sub-Committee had now to consider whether the provision of those representations inside that ten day period had been prejudicial to any party.  Whilst the Applicants indicated that they wished to proceed, the Responsible Authorities expressed grave reservations about continuing the hearing referring, amongst other things, to the ongoing submission of documentation which meant that insufficient time had been allowed prior to the hearing to consider the information and that uncertainty as to the completeness of the documentation existed.  One interested party  echoed concerns expressed by the Responsible Authorities but another indicated that a substantial number of interested parties were in attendance, that to adjourn would cause further disruption to individual schedules and that the timetable was already tight.  The Licensing Officer then drew attention to the fact that the question under consideration was solely that of whether prejudice had been caused to any party as a consequence of the 10 day period for the provision of representations having been breached.

 

At that juncture, the Chairman called a recess to consider the position.  Upon reconvening the Chairman announced that the Sub-Committee had decided to hear the application, having heard from the Applicants, responsible authorities and interested parties, the Sub-Committee believed that greater prejudice would result in the matter being delayed than if it were heard, taking into account periods within which appeals could be lodged at the Magistrate’s Court and having heard no actual evidence of prejudice caused by the failure to serve the papers within ten days clear notice.   He announced that the Sub-Committee was satisfied that any objections to the application could be dealt with at the hearing. 

 

The Licensing Officer then presented the application, the report circulated with the agenda containing all information received within that Department up to 16th June.  Representations had been received from Trading Standards, Planning and Transportation, Children and Family Services, Environmental Health and South Wales Police, details of which were appended to the report.  At the time of writing the report there had been 205 relevant representations from interested parties made in opposition to the application and 19 in support.  The Licensing Officer referred to four letters having been omitted from the report for various reasons and tabled the same. 

 

Mr. Jones then presented the case on behalf of the Applicants. He indicated that the event had first been thought of in February and represented an innovative way to raise funds for charitable purposes, with predominantly 6th form and amateur bands being invited to perform to a target audience of between 16 and 30 years of age. He stressed that the Applicants wanted to stage a legitimate and well-organised event and, to that end, had sought the advice of professionals in such matters as security and health and safety and had acted upon the same.  Plans in respect of the same and other key issues were still in the process of being developed and refined in light of continuing representations and consultations. Having originally requested the following hours for the three day festival, namely:

 

Friday - Sunday        

Sale of Alcohol                                                                      09:30 - 23:00

Regulated Entertainment (recorded and live music)                    09:00 - 22:00

Regulated Entertainment (provision of facilities for

music and dancing)                                                                09:30 - 22:00

Opening Hours                                                                      09:00 - 23:30

 

the Applicants, having taken on board all the representations made by the Responsible Authorities and Interested Parties, subsequently agreed to the following:

 

 

Friday - Saturday     

Sale of Alcohol                                                                      10:30 - 22:00

Regulated Entertainment (recorded and live music)                    09:30 - 22:00

Regulated Entertainment (provision of facilities for

music and dancing)                                                                09:30 - 22:00

Opening Hours                                                                      09:00 - 23:15

 

Sunday

Sale of Alcohol                                                                      10:30 - 16:00

Regulated Entertainment (recorded and live music)                    09:30 - 17:00

Regulated Entertainment (provision of facilities for

music and dancing)                                                                09:30 - 17:00

Opening Hours                                                                      09:00 - 18:00.

 

The Applicants also accepted there should be a limit on the time of entry into the licensed area on each day, agreeing that that should be one hour before the last sale of alcohol.  All conditions proposed to be attached to any licence by the Trading Standards Department were accepted, as were the majority of those put forward by South Wales Police.  As regards the matters raised by the Environmental Health Department during the course of the meeting, an undertaking was given that sound levels would be monitored and kept to a maximum of 65 decibels at the periphery.   Mr. Jones made the point that his understanding had been that, prior to the commencement of the meeting, the Environmental Health Department had offered no objections but that the Applicants, being mindful of their obligations to participants at the festival and residents in the area, would take on board any proposals considered reasonable and proportionate.  As regards the Child Protection Plan, the Applicants’ understanding had been that such a Plan was not a fundamental part of the application.  The initial draft of the Plan had therefore been drawn up quickly in compliance with what was thought to be required and a fourth draft was now in circulation.  Mr. Jones said that the Applicants were agreeable to a condition being added to the licence requiring that there be adequate and agreed plans in place for the event to proceed by a date to be agreed.  Mr. Jones further indicated that, if a licence were to be granted, the Applicants would be happy to meet and invite two Community Councillors and two residents to act as a conduit between themselves and the local population both from here on in and at the festival itself.

 

Representations from the local community focussed primarily on traffic congestion and indiscriminate parking both within the village and on the adjacent common, the noise and disturbance caused to the residents as a consequence, the potential for increased crime and disorder given the anticipated influx of visitors to the area, and public safety and child protection issues.  Reference was made to the rural nature of the seaside village of Ogmore and area situated on the Glamorgan Heritage Coast, to the adverse impact a music festival attracting 3,500 or more visitors would have on not just the flora and fauna of the area but to the whole ambiance of the area and, by virtue of its very location on the Heritage Coast with its cliffs, currents and high tidal range, to those visitors themselves (whether ticket holders or simply observing the proceedings from outside the perimeter of the site) particularly when combined with the effects of alcohol or other substances.

 

Discussion ensued on matters pertaining to the application over the course of two days with all parties being given the opportunity to sum up their respective cases.  At the conclusion of the summing up, the Chairman announced that the meeting would stand adjourned to allow Members to consider the options in private and that, should a decision not be reached within normal working hours, that decision would be communicated to all parties as soon as possible within the five working days allowed.

 

The Sub-Committee then retired to consider the matter, during the course of which there was unanimous agreement that the meeting should be reconvened to announce the decision simultaneously to all parties.  The Sub-Committee subsequently reconvened on 14th July to deliver the decision as set out below.

 

Sub-Committee Decision

 

Having considered the application and representations by the Police / Fire Authority / Planning Department / Environmental Health Department / Trading Standards / Children and Family Services / Interested Parties and having considered the DCMS Guidance, the objectives of the Licensing Act 2003 and the Council’s Statement of the Licensing Policy, the Sub-Committee

 

RESOLVED - T H A T the application be refused.

 

In determining the application, the Sub-Committee had at all times had regard to the Vale of Glamorgan Council's Statement of Licensing Policy, particularly

 

·       Paragraph 3.1 which deals with the four licensing objectives to be considered;

·       Paragraph 9.8 which states that all applications will be dealt with on their merits;

·       Paragraph 4.5 which relates to applications for Large Scale Outdoor Events; and

·       Paragraph 23 dealing with the Human Rights Act 1998 and its provisions regarding both the Applicants and the Objectors to this application.

 

Moving on to the licensing objectives themselves -

 

Prevention of Crime and Disorder

 

We have heard evidence of crime and disorder in the vicinity with the usual number of visitors and are satisfied that a large influx of people for the proposed event would exacerbate this situation.  We do not accept that any conditions which could have been imposed would substantially mitigate this concern.  To this end we make reference to Paragraphs 9.2 and 9.6 of the Vale of Glamorgan Council’s Statement of Licensing Policy and also Paragraph 27 which deals with the Council’s obligations under the Crime and Disorder Act 1998.

 

Public Safety

 

Whilst we are satisfied that the attendees would have been adequately protected whilst within the confines of the licensable area, we are very concerned about the proximity of the site to the cliffs and their associated dangers and also the sea itself, especially if participants have been drinking alcohol.

 

We are also concerned about the dangers for participants when exiting the site and walking along the highway to the designated campsite.  Although stewards were offered to patrol this route, we are concerned that they would be ineffective as they have no authority in law.  We are concerned that the Police have issues with the Major Incident Plan and that there is insufficient time remaining for it to be submitted, evaluated and agreed.

 

Again, we make reference to the Vale of Glamorgan Council’s Statement of Licensing Policy Paragraph 9.2.

 

Prevention of Public Nuisance

 

The Sub-Committee is concerned that, with the influx of people to the area, the problem of litter which already exists would be further exacerbated causing public nuisance.

 

Noise is also an issue which concerns many residents.  We feel that it would be difficult to get a balance which would satisfy both the participants and the residents in the vicinity.

 

We have heard evidence of anti social behaviour committed by visitors to the area and, with the large number of visitors expected to attend and having to walk the route past residential properties to the designated camp site, these problems would be likely to increase especially as many would have been drinking alcohol.

 

We make reference to the Vale of Glamorgan Council’s Statement of Licensing Policy Paragraphs 9.2 and 9.6.

 

Protection of Children from Harm

 

Most notably the Sub-Committee is concerned that in her closing statement, the Children and Family Services Officer stated that at this time there was no agreed Child Protection Plan and she could not be assured that children would be protected from harm.

 

We make reference to Paragraph 19.4 of the Statement of Licensing Policy.

 

Reason for decision

 

Having taken into account the Council’s Statement of Licensing Policy and representations from the Responsible Authorities and interested parties.