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Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing (General Purposes) Sub-Committee held on 13/06/2005
Occasional Application for Public Entertainment Licence - The Hollybush Public House, Shortfield Common Road, Frensham



Summary & Purpose
The purpose of this report is to enable the Sub-Committee to consider an application for a Public Entertainment Licence, where complaints have been received from local residents who have heard plans for the event.

Quality of Life Implications
Natural Resource Use
Pollution Prevention and Control
Biodiversity and Nature
Local Environment
Social Inclusion
Safe Communities
Local Economy
Natural
Resource Use
Pollution
Prevention and Control
Biodiversity
and Nature
Local
Environment
Social
Inclusion
Safe, Healthy
and Active
Communities
Local
Economy
N/A
N/A
N/A
N/A
Positive
Positive
Positive



APPENDIX A
WAVERLEY BOROUGH COUNCIL

LICENSING (GENERAL PURPOSES) SUB-COMMITTEE - 13TH JUNE 2005

Title:
OCCASIONAL APPLICATION FOR A PUBLIC ENTERTAINMENT LICENCE - THE HOLLY BUSH PUBLIC HOUSE,
SHORTFIELD COMMON ROAD, FRENSHAM

[Ward Affected: Frensham Dockenfield and Tilford]

Summary and Purpose

The purpose of this report is to enable the Sub-Committee to consider an application for a Public Entertainment Licence, where complaints have been received from local residents who have heard plans for the event.

Quality of life implications – social, environmental & economic (sustainable development):

E-Government implications:

There are no implications under this heading at the present time.

Resource and legal implications:

There are no immediate resource implications in this report since the applicant has paid the application fee. The legal implications of this application are principally related to the human rights implications, discussed below. There could be resource and legal implications in the report if the decision of the Committee was such that the applicant decided to appeal to the Magistrates’ Court, as is the right of any applicant aggrieved by the Sub-Committee’s decision.

Introduction

1. Occasional Public Entertainment licences are generally dealt with by the Licensing Section under delegated powers. A great many of these are applied for and issued throughout each year, and it is unusual to receive comments prior to an event taking place. However, on this occasion the application is a repeat of an event held in July 2004, which has resulted in comments being submitted by neighbours of this pub, who are concerned at the prospect of the event taking place again.

Application for New Licence

2. The application before the Sub-Committee for consideration is from Mr Mark Curran, the licensee of the Holly Bush Public House, Shortfield Common Road, Frensham. He wishes to hold a two-day music festival in the garden to the side and back of the premises, called in his literature ‘WEYFEST 2005’. The applicant says in the application that ‘over the two days this music festival will feature bands playing in a concert situation drawn from many genres of music (folk to rock), designed to appeal to the whole family and the widest variety of musical tastes.’ The following information was also supplied with the application form:

A professionally erected stage with cover is to be put into the area, with a 1000 watt PA system with remote (covered ) mixing
desk.

A Marquee is to be put up as cover for a possible outside bar servery. The event is planned for Saturday and Sunday 24th and
25th July 2005.

There may also be a barbeque.

3. It is understood that the application comes from a new licensee at the premises, and that last year’s applicant has since moved on. The event is proposed as a fund-raising event for Lord Mayor Treloar’s College in Hampshire. A letter in support of the application, and containing updated information has now been submitted, which is attached at Annexe 1. Publicity leaflets for this year’s event are also shown at Annexe 2. These are thought to have already been distributed in the form of posters/fliers and on the Internet, although the applicant is aware that the licence remains to be determined. Information from the 2004 event, which took place over three days, is shown at Annexe 3.

Representations on the Application

4. Since the application was received, four objections have been submitted from local people (two from one address) and the main points raised are listed below, with the available text of the objections shown at Annexe 4.

Kept children awake last year (2004), their sleep disturbed

Impossible to hear ourselves/listen to TV or radio

A number of residences in close proximity

Constant loud noise for three days last year, from midday through to early hours

Summer time, with windows open, no escape from the music

Equipment delivery and parking/traffic in a congested lane

One evening would be tolerable but longer is unacceptable

Rural village location, unsuited to this entertainment

Could not enjoy our gardens last year

Could not take a pram past for parked vehicles

No benefit locally, a commercial scheme

Setting up, testing and dismantling also disruptive

Inappropriate location

5. The Building Control Manager has proposed conditions for the event, including a maximum attendance of 500 at the event. He suggests that conditions may not have been complied with last year, which should have ensured that car parking should have been controlled so as not to cause obstruction in the surrounding streets, and that access should have been provided and maintained for emergency vehicles.

6. The Environmental Health Manager states that two out-of-hours complaints were received last year, but that no officers were available to witness the complaints at the time. She suggests that it would be very difficult to hold the event out of doors in this location without causing nuisance to nearby residents.

7. The Police have raised no objection to the event. The Fire Authority has not yet responded to the application, and their response will be reported at the meeting if required.

What the Sub-Committee must Consider

8. The Sub-Committee is asked to consider the application and determine whether it would grant or refuse the licence after interviewing the applicant and considering the representations received. Further information has now been submitted by the applicant and the officers are asking for a plan of the site layout and the premises, which should be available for inspection at the meeting. A plan of the location is attached to this report (Annexe 5)

Community Safety Issues

9. In accordance with the requirements of Section 17 of the Crime and Disorder Act 1998 the Council must do all that it reasonably can to prevent crime and disorder in its area. The Sub-Committee must consider whether there is any risk to the safety of the public in this regard in granting a licence.

Human Rights Implications

10. In considering the application, the Sub-Committee must question whether a justifiable and fair balance is being struck between the interests and aims of the applicant and the rights of neighbours.

11. The Sub-Committee must also take account of the rights of the applicant, protected by Article 8, for his private and family life, his home and his correspondence to be respected. Since the Sub-Committee will be enquiring into matters that may be protected by Article 8, it is, for example, necessary to ensure that any interference by questioning at interview is limited and proportionate to what is necessary in the interests of protecting public safety in accordance with Licensing legislation.

12. The rights of the applicant’s neighbours under Article 8 to enjoy the peace of their homes should also be taken into consideration. It should be considered whether the proposed activity would potentially interfere with the human rights of the applicant’s neighbours and, if so, whether there is justification for the interference – namely is it authorised, does it pursue a legitimate aim and is it necessary in a democratic society in the interests of the economic well-being of the country or for the protection of the rights and freedom of others.

13. Mr Curran has been invited to attend the meeting for interview by the Sub-Committee and he has been informed that he may be accompanied. The Sub-Committee is requested to give consideration to this application.

________________________________________________________________________

Background Papers (CEx)

Application and supporting papers from the applicant.
Emailed representations dated 20.4.05, 29.04.05, 22.04.05 and 31.05.05
Comments from other consultees, as described in the report

_________________________________________________________________________

CONTACT OFFICER:

Name: Mrs R Hughes Telephone: 01483 523225
E-mail: rhughes@waverley.gov.uk
Comms/licensing/2005-06/013