Agenda item

To consider the report of the Director of Service Delivery, (copy enclosed).

Prior to consideration of this licence, a copy of a letter of representation received from Ms Toni Bush, was circulated to all present and the Chairman advised that he had agreed for this letter to be considered.  In addition to this, the Council’s Solicitor read out a text from Ms Bush giving her permission for Mr Richard Lingard to speak on her behalf.  The Solicitor advised that from a legal point he was satisfied with this and for Mr Lingard to represent Ms Bush.  The Chairman agreed

The Chairman then asked all those present to introduce themselves and at this point advised that interested parties, whether representing themselves or others, were only permitted to make representation that mirrored the written submission and if they strayed from this they would get stopped. 

The Chairman invited Mr Jack Ellum, representing Mr Richard Holmes, the applicant, to make his opening statement.

Mr Ellum provided background information regarding the request for a Premises Licence and how the application sought to regularise events which already took place and derive an income from the park to support its sustainability.  He referred to the desire by the community for such events and how events brought prosperity and were key to the economy of the area.  Mr Ellum explained that control of the Park would remain with the Council and conditions agreed with Environmental Health along with controls they would put in place would ensure the licensing objective were met and the Park protected.  He recognised the concerns raised by some residents and local businesses and advised that the Council was happy to work with local businesses to ensure local benefit.  Mr Ellum confirmed that he did not have any witnesses to call.

The Chairman advised that there were no responsible authorities present and called on the interested parties wishing to speak to address the Committee, reminding them that points raised must relate to licensing matters.

Mr Pitt, representing Burnham Yacht Harbour addressed the Committee advising that they strongly objected to this application.  Mr Pitt raised a number of concerns particularly in relation to the possibility of persons wondering from events onto the Yacht Harbour site (a working boat yard) due to the open nature of the site, risk assessments, health and safety procedures, training of staff and insurance.  He felt that if approved the licence would not allow for discussions on the merits of each event and highlighted some issues following a recent event organised by the Council on the area adjacent to the Yacht Harbour site.  Mr Pitt also questioned the contingency plans should the railway bridge (the only access to the Burnham-on-Crouch town) be blocked.  He concluded advising that Burnham Yacht Harbour strongly objected to this licence.

Mr Lingard, speaking on behalf of Ms Bush addressed the Committee.  He raised a number of objections to the application particularly regarding the effect events would have on local businesses along with the potential noise and the effect to this on local and yachting residents.  Mr Lingard commented on a recent event at the Park and issues relating to this.  He advised that continuing with the current processing of using Temporary Event Notices (TENs) would be more beneficial and concluded advising that Ms Bush strongly objected to the proposal.

During the presentation from interested parties the Chairman stopped and reminded both speakers that matters they were raising needed to relate to the licensing objectives.

There was some discussion regarding the maximum number of persons expected to attend an event that the licence was being applied for.  Following some discussion Members were directed to page 15 of the document pack and advised that because the box at the top of this page was blank this meant that the licence, if approved, would be for a maximum of 4,999 people.

The Chairman then invited Mr Ellum to respond to some of the comments and concerns raised by the interested parties.  In response Mr Ellum provided the following information:

·                 Events can result in prosperity for all.  Mr Ellum discussed a recent event in Burnham-on-Crouch and how this was a positive advert for the area of Burnham-on-Crouch as a place to live work and play.  He referred to some research to suggest that as a result of events taking place visitors return to a particular location.

·                 Each event would be required to identify how noise would be managed including the set-up of sound systems etc.

·                 They would be happy to include a requirement for event planners to put in controls around litter and litter picks to cover appropriate surrounding areas.

·                 Through the Event Safety Management Plan (ESMP) he vents would be required to put adequate security in place and these requirements were based on best practice.

·                 The continued use of TENs would require less control that what this licence was proposing to put in place.  This licence was a way to regularise the activities taking place in that area.

The Chairman advised that with a TEN only Environmental Health and the Police were able to object, there was no opportunity for any other person to object to such a notice. 

In response to a question regarding fulfilling the licensing objectives, Mr Ellum advised that these would be fulfilled through the ESMP and event organisers would be responsible for putting in place an appropriate ESMP along with risk assessments identifying how that would be achieved.

Following further questions raised by interested parties the Chairman gave an explanation regarding ESMP and how matters such as litter picking, traffic management, security, sanitation etc. would be addressed through policies within this document.  On submission of an ESMP to Responsibility Authorities a Safety Advisory Group could be called and if not satisfied with matters they could stop an event going forward.  He reminded the Sub-Committee that this licence was for 20 events (after 8pm) per year.  In response to a question regarding dealing with intoxicated persons, the Chairman provided detailed information and explained the requirements of the licensee in respect of this and how it related to meeting the licensing objectives.

The Licensing Officer responded to a question regarding the length of time a licence could to granted for, advising that a licence could be limited for one year or four months.  The Council’s Solicitor further advised that if Members were mindful to do this it should be linked to the licensing objectives.  In response, Mr Ellum advised he would object to this as there was a review process available.