Borough of Poole – Licensing Sub-Committee ‘Party in the Park’ – 30 June 2015

LICENSING SUB-COMMITTEE

30 JUNE 2015

‘PARTY IN THE PARK’

The Meeting commenced at 5.35pm and concluded at 8.15pm.

Present

Councillors Mrs Butt, Brown and Garner-Watts

Linda Cox – Consumer Protection Officer, Environmental and Consumer Protection Services (ECPS), Borough of Poole, (BoP)

Michelle Cutler – Democratic Support Officer, Legal and Democratic Services, BoP

Lesley Johnson – Consumer Protection Officer, ECPS, BoP

Frank Wenzel – Licensing Team Manager, ECPS, BoP

Russell Wileman – Legal Adviser, Legal and Democratic Services, BoP

Jane Jones– Applicant / Event Organiser

Kieron Cashell – Event Organiser

Tom Holmes – Event Organiser/Site Manager

Val Hynd – Event Organiser

Patrick Michael – Event Organiser

Paul Barker –Objector, Consumer Protection Officer, ECPS, BoP

Andrew Wemyss – Objector, Consumer Protection Officer, ECPS, BoP

Mrs Dominey – Objector, Resident

Members of the Public Present: 9

Members of the Press Present: 1

LSC01.15ELECTION OF CHAIRMAN

RESOLVED that Councillor Mrs Butt be elected as Chairman of the Licensing Sub-Committee for this Meeting.

LSC02.15APOLOGIES FOR ABSENCE

No apologies for absence were received.

LSC03.15DECLARATIONS OF INTEREST

The Chairman declared a personal interest as she knew Miss Jones as a member of the community.

LSC04.15‘PARTY IN THE PARK’

The Chairman welcomed all parties to the Hearing and introductions were made.

The Chairman noted that a number of late Representations had been received and she asked the Sub-Committee’s Legal Adviser to explain why they had not been accepted. The Legal Adviser referred to Statutory Instrument 2005 No. 42 ‘Licences and Licensing – The Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005’, Regulation 22, which stated that “an interested party or a responsible authority making representations to a relevant licensing authority may make those representations at any time during a period of 28 consecutive days, starting on the day after the day on which the application to which it relates was given to the authority by the applicant”.

The Legal Adviser noted that the Application was received by the Licensing Authority on 7th May 2015 and therefore Representations had to be lodged by 5th June 2015. The Local Authority had no power to accept late Representations under the Licensing Act 2003.

The Chairman set out the Procedure for dealing with an Application for a Premises Licence.

The Licensing Team Manager, Environmental and Consumer Protection Services (ECPS), presented the Report of the Head of ECPS, as set out in the Agenda and advised that the following documents had been circulated with the Agenda:

  • A location map.
  • A copy of the Application to provide live music, recorded music and performances of dance on 29 and 30 August 2015 from 12:00 hours – 19:00 hours and to supply alcohol on both days from 12:00 hours – 19:00 hours.
  • Copies of letters and emails objecting to the Application.

The Licensing Manager referred to an error in section 3.9 of the Report as the Sub-Committee was dealing with a new Premises Licence Application as opposed to a Variation to the Premises Licence.

It was noted that consultation had been carried out in accordance with the Licensing Act 2003 and a Letter of Representation had been received from ECPS that related to noise and concerns over the electrical safety and litter at the Event. In addition, two Letters of Representation had been received from interested parties referring to noise nuisance, antisocial behaviour and litter issues.

It was highlighted that the Licence was referred to the Licensing Sub-Committee for determination in 2013 following Representations from Members of the Public and was granted with conditions. In 2014 the Licence was granted by the Licensing Sub-Committee following the incorporation of conditions requested by Dorset Police. The 2014 Event was attended by Officers of the Council and breaches of the Licence Conditions were noted.

The Chairman thanked the Licensing Manager for presenting the Report and asked Members of the Sub-Committee if they had any questions regarding the content?

A Member referred to section 3.7 of the Report and asked to what the Conditions imposed by Dorset Police in 2014 related? The Licensing Manager explained that the Conditions applied to the Licence related to crime and disorder and issues regarding the use of glass/plastic bottles. The Licensing Manager advised that the Police had been consulted this time but no Representation had been received.

The Chairman invited the Applicant to comment on the Application.

Miss Jones made the following comments to the Sub-Committee:

  • Five Conditions had been agreed with ECPS Noise Officers to address the areas of concern raised by Paul Barker, Andrew Wemyss and two residents. A suitable qualified Sound Engineer would be present at all times of live/recorded music and noise levels would be monitored.
  • Regarding the concerns raised over Anti Social Behaviour Levels (ASB) there were no issues at last years Event and the Police had not made a Representation regarding this. Any ASB that occurred in Ashley Cross at 22:00 hours could not be blamed on the Event that would finish at 19:00 hours.
  • The electrical supply last year was unsatisfactory and diesel generators would be used at this years Event.
  • Last years Event did not have a Site Manager, however, this had been addressed and Tom Holmes would undertakethis role and oversee all areas.
  • The Contractor employed to clear away all site litter at the end of last year’s Event did not arrive on the Monday as requested and there had been more rubbish than anticipated. This year the BoP had been contracted to remove all litter from the Site at the end of the Event.
  • She did not feel that traffic management around the Site was an issue last year, however, free car parking would be offered in the Multi Storey Car Park at the Civic Centre, Poole. It was noted that many event attendees were local residents and would walk to the Event or use public transport.
  • In conclusion, ‘Party in the Park’ had been running for 14 years and had won a Tourism Award from the BoP in 2014. The Event had over 1000 supporters on ‘Facebook’ and a great deal of time and money had gone in to organising it. It would be a tragedy to pull the Event at this late stage.

The Chairman thanked Miss Jones for her submission.It was noted that various mitigations had been discussed with Noise Officers, however, concern had still been expressed that if the Event went ahead with vastly reduced levels, in order to satisfy the terms of the Code of Practice under the Chartered Institute of Environmental Health, then levels of entertainment for paying guests would be too low for audience satisfaction.

Paul Parker, ECPS, stated that it was the opinion of ECPS Officers that noise levels were too high at last year’s Event. The Chairman noted that no maximum noise levels were set at last year’s Event and that the Representation received from ECPS advised that a maximum level of 70dB (A) would be suitable for an outdoor music event. Paul Barker advised that a level of 75db (A) would be acceptable as the Event would end at 19:00 hours, however, there was concern that music at this level would not entertain the crowd.

In response to a question raised by a Member of the Sub-Committee, Miss Jones explained that:

  • There would be a spreadsheet to monitor noise levels at this years Event.
  • There had been a lack of communication between Noise Officers and Management at last years Event. This year there was a specified Site Manager who could liaise with Noise Officers to ensure that levels were adhered to.

The Chairman asked Miss Jones if any lessons had been learned from last years Event?

Miss Jones advised that:

  • She accepted that noise levels had been too high last year.
  • The Sound Engineer for the Event had confirmed that 75dB (A) would be acceptable to an audience.
  • This year an area of the Park would remain outside of the Event to appease local residents who had complained about being denied access to a public space.
  • ‘Party in the Park’ was a community event and she wanted to meet the concerns raised by the general public and ECPS.

In response to various questions raised by the Sub-Committee Miss Jones advised that:

  • The Site Manager would have a team of three qualified electricians to ensure that the Event was compliant with Health and Safety Regulations.
  • The Site Manager could be reached via two mobile phones and a site radio.
  • The Event would have security officers in place.

The Chairman asked Miss Jones if she felt that the Event was a victim of its own success and had outgrown the venue? Miss Jones advised that this was possibly the case, however, if she moved the Event to an alternative site it was likely that another Organiser would hold a similar event on Ashley Green in its place.

The Chairman thanked Miss Jones for her submission and asked the Objectors if they wished to address the Sub-Committee.

Mrs Dominey of 9 Chalice Close, Poole made the following points:

  • She was concerned about loss of the Park to the Public and the area that had been kept free for the Public consisted of a flower bed and as such was unusable.
  • The Event had outgrown the venue and noise levels had increased year on year. The noise levels at last years Event had been intolerable, her house had shook and closing windows had made no difference. She live approximately 30/40 meters from the Park and leaving the area for the weekend of the Event was not an option.
  • It was her view that 5,000 attendees to the Event each day was far too many. Last year she witnessed her neighbour being punched, although she could notdirectly relate this ASB to the Event.She had also witnessed ladies urinating behind her vehicle. ASB did take place outside of the Park following the Event.
  • No additional public transport was provided to take people home after the Event, which was held over a Bank Holiday weekend. Most people attending the Event would not be driving so opening up the Multi Storey Car Park at the Civic Centre would not ease the problem.
  • She was woken up by loud music at 07:30 hours on a Sunday morning at last year’s Event. Upon visiting the Site the persons there had denied they were the cause of the noise.
  • The litter left behind at last year’s Event was unacceptable and earlier checks should have been carried out to ensure that it was cleared away.
  • She was not against events being held on the Park e.g ‘Grooves on the Green’, as it did not cause a problem, however, the noise, litter and ASB from ‘Party in the Park’ was unacceptable in a residential area.

The Chairman thanked Mrs Dominey for her submission and asked the Licensing Manager to clarify the numbers that could legally attend the Event. The Licensing Officer confirmed that a maximum of 4,999 persons was the limit allowed on the Licence. Last year 3,100 persons had attended on the Saturday and 3,400 had attended on the Sunday. Numbers were monitored by ECPS to ensure that the Licence was adhered to.The numbers included stall holders, DJs and Event Organisers in addition to Members of the Public.

The Chairman asked Members of the Sub-Committee if they had questions following the Representations made by Mrs Dominey?

In response to questions raised the Licensing Manger explained that:

  • Legislation specified that a maximum of 4,999 persons could attend the Event on the Licence applied for.
  • ASB outside of the Event was the responsibility of the Police and not the Event Organiser.

The Chairman asked Paul Barker and Andrew Weymss, ECPS, if they wished to address the Sub-Committee.

Paul Barker explained that he had presented a list of Conditions to Miss Jones which she had accepted.

Andrew Weymss referred to his email dated 26 May 2015 and advised that:

  • During last year’s Event noise complaints had been received and officers were able to take measurements. In a flat adjacent to the Park the noise level was measured at 78dB (A) with the music clearly audible. Measurements of up to 90dB (A) were measured outside. There was a high bass content and noise levels were much higher than expected at this type of event.
  • The Chartered Institute of Environmental Health provided the Code of Practice which was widely used when considering noise from outdoor music events. It had been used when setting the recommended noise levels for this years Event.
  • Miss Jones had employed an Acoustic Consultant who was aware of the Code of Practice and he had recommended that levels be set at 75dB (A). This was 5dB (A) higher than that suggested by the Code of Practice but there was still concern from ECPS that this level would not satisfy a paying audience.

The Chairman thanked Andrew Weymss for his submission and asked Member of the Sub-Committee if they had any questions?

The following responses were provided to various questions raised:

  • The Licensing Manager advised that the availability of Noise Officers was not an issue as if Conditions were attached to the Licence ECPS would monitor the Event to ensure that there were no breaches.
  • Issues relating to the lack of communication at last years Event between ECPS and the Event Organisers would be discussed in a different forum
  • Paul Barker confirmed that he was satisfied that the Event could go ahead if the Licence was granted with his recommended Conditions attached, however, he still had concerns that that sound levels would be too quiet for those attending the Event but that was an issue for the Event Organisers.

The Chairman asked the Objectors if they had said all that they wished to say?

Mrs Dominey asked if it could be guaranteed that the Event would not be playing music at 07:30 hours on Sunday morning and that she had no further issues if this was addressed. The Site Manager confirmed that it would not happen again.

Mrs Dominey commented that the loss of the Park to the Public was still a concern. The Licensing Manager explained that the use of the Park was not within the remit of the Licensing Sub-Committee and that the Sub-Committee had been convened to consider the Application for an alcohol/entertainment licence.

Paul Barker reiterated that his complaint would be satisfied if the Licence was granted with the Conditions recommended but that he did not wish to withdraw his Representation.

The Chairman confirmed that all parties had had an opportunity to speak and to say all that they wished.

The Sub-Committee then withdrew to consider its decision.

The Sub-Committee reconvened and gave its decision as follows:

RESOLVED that

The Licensing Sub-Committee having regard to the Licensing Act 2003, the Guidance under Section 182 thereof and the Borough of Poole Licensing Policy have heard submissions from the Applicant (Jane Jones, and the event organisers, Tom Holmes, Kieron Cashell, Valerie Hynd and Patrick Michael), and submissions from three objectors (Paul Barker and Andrew Wemyss on Behalf of Environmental & Consumer Protection Services of the Borough of Poole, and Mrs P Dominey of 9 Chalice Close, Lower Parkstone, Poole, BH14 0JS), and having taken these submissions into consideration, have decided to grant the Application for a Premises Licence for the two-day event known as “PARTY IN THE PARK”, on 29th and 30th August 2015 subject to the following conditions:

  1. A suitable qualified sound engineer will be present at the sound mixing desk at all times during live/recorded entertainment. The sound engineer will use a calibrated type 1 or 2 sound level meter for carrying out measurements.
  2. At no time during the event will the Laeq (15 min), when measured 1 metre from the façade of any noise sensitive premise exceed 75dB(a).
  3. Noise levels in the 63Hz or 125Hz octave frequency bands will not exceed 70dB at a distance of 1 metre from the façade of the nearest noise sensitive premises.
  4. Noise checks at locations to be agreed with the local authority will be undertaken every hour for a 15 min LAeq. The levels are to be recorded on a spreadsheet and this sheet is to be available for inspection by the local authority. Should at any time the noise be over the set dB level then a message will be immediately passed on to the sound engineer to act accordingly. These checks will continue throughout the event. On completion of the Event (within 48 hours) a copy of the spreadsheet covering the measurements taken over the duration of the Event will be submitted to the Local Authority (Environmental Health Department).
  5. A comprehensive list of contacts for the Event Organisers will be lodged with the Local Authority prior to the event taking place.
  6. That all electricity meter and electricity access cupboards shall be kept shut and locked and any cables therefrom shall be kept out of the reach of members of the public and not be accessible by them, particularly children, in order to Protect Children from Harm, to prevent a Public Nuisance and for reasons of Public Safety. The Event Organiser will arrange for a fully certified electrician to ensure that all electrical installations are undertaken in a correct and safe manner and said electrician will accompany the Council Officers in any inspection along with the Site Manager.
  7. As to litter issues the Licensee is to organise a litter collection on Saturday 29th August in the evening and also the evening of Sunday 30th August to empty the bins and remove all litter from the site.
  8. The other Conditions that will apply to the Licence are as per part ‘M’ ‘a to e’ of the Licensing Application Schedule.

Reasons for the decision