Agenda and draft minutes

Licensing & Appeals Sub-Committee - Monday, 2nd October, 2023 10.30 am

Venue: Committee Room, Town Hall, Matlock DE4 3NN. View directions

Items
No. Item

152/23

Election of a Chairman

Proposal that a Member of the Sub-Committee be elected Chairman.

Minutes:

It was moved by Councillor Peter Dobbs, seconded by Councillor Joanne Linthwaite and

 

RESOLVED (Unanimously)

 

That Councillor Steve Wain be elected as Chair of the Committee.

 

The Chair declared the motion CARRIED.

153/23

Interests

Members are required to declare the existence and nature of any interests they may have in subsequent agenda items in accordance with the District Council’s Code of Conduct. Those interests are matters that relate to money or that which can be valued in money, affecting the Member, her/his partner, extended family and close friends. Interests that become apparent at a later stage in the proceedings may be declared at the time.

Minutes:

There were no declarations of interest.

154/23

Licensing Act 2003 - Application for New Premises Licence - Fox Festival Site, Kenslow Farm, Middleton-by-Youlgrave, DE4 1LY pdf icon PDF 80 KB

This report informs the Committee of an application made under section 17 of the Licensing Act 2003, by Fox Trading and Events Ltd, for a new Premises Licence to allow the sale of alcohol and provide regulated entertainment and late night refreshment at an annual 3-day vintage and music festival during July (to be known as Fox Festival).

Additional documents:

Minutes:

It was reported that, in accordance with the Council’s Licensing procedures, an application had been received for a Premises Licence for a 3-day vintage and music festival to take place at Kenslow Farm, Middleton-by-Youlgrave.

 

The circumstances of the Applicant’s referral to the Sub-Committee were as a result of objections being made to the application by the Environmental Health Manager and two Local Residents.  As these objections could not be resolved to the satisfaction of all parties by the Licensing Manager, the matter was referred to the Sub-Committee.

 

The Chair invited the participants to introduce themselves, asked whether any party wished the Sub-Committee to consider the application in private and confirmed that the Sub-Committee was quorate.

 

The Licensing Manager gave an outline of the application.

 

The Sub-Committee and other parties were afforded an opportunity to request clarification of the Licensing Manager’s report.

 

Ms Amanda Goodwill (Environmental Health Manager) was invited to put forward the Environmental Health Service case.

 

The Committee had an opportunity to question the Environmental Health Manager and Officers. The Applicant was also afforded the opportunity to request clarification of any points raised by Environmental Health.

 

The Applicant, Ms Roxie Webster, then presented the case for Fox Festival. The Sub-Committee also heard representations from the Applicants witness, Mr Stephen Hawkins.

 

The Sub-Committee had an opportunity to question the Applicant and their witness. The Environmental Health Service was also afforded the opportunity to request clarification of any points raised by the Applicant.

 

All parties were afforded an opportunity to request clarification of any points.

 

The Sub-Committee members confirmed that they had sufficient information to make a decision and withdrew into private session to discuss their findings.

 

 

155/23

Decision pdf icon PDF 118 KB

Minutes:

It was moved by Councillor Peter Dobbs, seconded by Councillor Joanne Linthwaite and

 

RESOLVED (Unanimously)

 

That having considered all the evidence put before it, the Sub-Committee had determined that the Applicant will be granted the premises licence, subject to the following conditions:

 

1. An updated scaled plan of the event arena / wider access and egress movements around the site, must be submitted to Environmental Health – 6 months prior to any event. (to prevent a public nuisance and to determine the public safety risk). (As confirmed the plan submitted within the application is not sufficient to be attached to

any Premises Licence application as too variable etc)

 

2. The Event must not occur within 28 days of any other Licensable Activity or other type of Large Gathering of a similar nature on the site. (to prevent a public nuisance)

 

3. Each year the Licence Holder will give each responsible authority a copy of the ESMP (Event Safety Management Plan) with a least 4 months’ notice (Public Safety Matter)

 

4. The ESMP will include, but will not be limited to the following: Prevention of Crime and Disorder / Crowd Management / Security (Including Ejection Policy and Searching) / emergency evacuation / plans / First Aid / Fire Safety / Noise Management Plan / Traffic and Parking Planning / Adverse Weather Plan / Water Management Plan / Drugs Policy. (Public Safety Matter)

 

5. A final copy of the ESMP must be submitted to all Responsible Authorities 28 days prior to an event (Public Safety Matter)

 

6. The layout of the site shall be captured within a scaled plan which is communicated to all responsible authorities. Any final plan must be submitted with the final ESMP 28 days prior to an event. The site plan will have due regard to industry safety guidance such as the Purple Guide on such matters ensuring suitable segregation of activities and shall include but not limited to: On-site camping / car-parking / main arena and attractions / concessions / staging and structures / plant and equipment / crowd dynamics / artist and staff volunteer facilities / / general access and egress including clearways and sterile areas for emergency vehicles / emergency meeting points and control room / welfare facilities (showers and

toilets) the plan will be to scale and in sufficient detail. (To prevent a Public Nuisance and Public Safety Matter)

 

7. Prior to any event the Licence Holder will make contact with all local residents within 2 miles to inform them of this event 2 months prior to any event, in writing. Including contact information for the Event Organiser, and confirmation that if they experience Noise Nuisance this should be reported to the Council Environmental Health. If the Organiser receives any concerns about noise nuisance from a local resident at any time this must be reported to the Council Environmental Health. (To prevent a Public Nuisance)

 

8. The entire area must be within a secured fenced area, namely camping / arena

concessions and welfare arrangements.  ...  view the full minutes text for item 155/23