Agenda item

An application has been received for a time limited premises licence to permit regulated entertainment and the supply of alcohol for a 2 day music festival on the beach on 1^st and 2^nd July 2022.

 

This matter is brought before the Sub-Committee for determination.

Present:

 

From BCP Council:

 

Nananka Randle – Licensing Manager

Sarah Rogers, Senior Licensing Officer

Tanya Coulter, Legal Advisor to the Sub-Committee

Michelle Cutler, Clerk to the Sub-Committee

 

Mr Philip Day, Lacey’s Solicitors, representing the Applicant, High Tide Festival Company Ltd

Mr Simon Smith, High Tide Festival Limited – Promoter of the Event

Peter Tisdale – Promoter

Benjamin Davids – Sun Dogs Production

James Dutton – Method Events

 

Objectors:

 

Jon Weaver - Head of  Destination and Events, BCP Council

Tom Powell – Event Manager, BCP Council

Sgt Gosling - Dorset Police

Louise Busfield – Licensing Officer, Dorset Police (observing)

Andy Downton - Dorset & Wiltshire Fire and Rescue Service

 

Ian Carter, Dorset Council – Chair for most recent SAG Meeting, present to answer any questions.

  

The Chair made introductions and explained the procedure for the hearing which was agreed by all parties.

 

The Chair advised that the Sub-Committee had received a very late submission from Dorset Police in the form of a 380 page document. The Chair proposed that this item be adjourned until 11^th May 2022 to allow the Sub-Committee time to digest the information provided. The Chair sought the views of all parties on how to proceed.

 

Philip Day, Solicitor, representing the Applicant, advised that he did not support an adjournment and that he would like the hearing to proceed due to the proposed application being a major event in terms of financial planning. Mr Day proposed that the Sub-Committee adjourn for an hour to specifically consider the following documents:  Event Management Plan, Minutes of the Safety Advisory Group meeting (SAG) and the response to the SAG. Mr Jon Weaver, Head of  Destination and Events, BCP Council, agreed that the hearing should not be adjourned as a decision on the application was required immediately due to the large amount of work that would need to be undertaken and a concern that the event organisers would continue to promote the event and sell tickets in the interim.

 

Sergeant Gosling apologised for the lateness in submitting the evidence bundle and cited that he was busy dealing with other police business. He did not support an adjournment until a later date and neither did Mr Andy Downton, Dorset Fire and Rescue Service.

 

After taking the views of all parties into consideration the Sub-Committee agreed to adjourn to 11:45am to consider the documents highlighted by Mr Philip Day, that had been submitted by Dorset Police the previous day.

 

The meeting adjourned at 10:30am and reconvened at 11:45am.

 

The Chair welcomed everyone back and confirmed that the Sub-Committee had read the necessary documents.

 

 

The Senior Licensing Officer presented a report, a copy of which had been circulated and a copy of which appears as Appendix A to these minutes in the Minute Book.

 

The Sub Committee was asked to consider an application made by Lacey’s Solicitors on behalf of High Tide Festival Company Ltd for a time limited premises licence, to permit regulated entertainment and the supply of alcohol, for a 2-day music festival on the beach on 1st and 2nd July 2022. The provision of film, live music, recorded music, performance of dance and on sales of alcohol was requested between the hours of 15:00 and 23:00 each day. The Licensing Authority had received 3 representations from responsible authorities (Dorset Police, Dorset & Wiltshire Fire and Rescue Service and BCP Council)  on the grounds that to grant the application would undermine the licensing objectives.

 

When putting forward his representation on behalf of the Applicant, Mr Philip Day advised that he had been instructed that the Applicant had proposed to reduce the total number of tickets for sale each day from 9500 to 5000 and that the maximum occupancy of the site at any one time would be 6000 (to include events staff, performers, caterers etc).

   

The Sub Committee asked various questions of all parties present and were grateful for the responses received. All parties had the opportunity to ask questions. All parties were invited to sum up before the Sub-Committee retired to make its decision. Before concluding the hearing, the Legal Advisor advised all parties of the right of appeal.

 

The Legal Adviser explained that all parties to the application have the right to Appeal to the Magistrates Court within the period of 21 days beginning with the day on which the Applicant is notified by the Licensing Authority of this decision in writing.

Voting: Unanimous

 

RESOLVED that the application for a new Premises Licence dated 28 February 2022, for a time limited premises licence for ‘High Tides Festival, Bournemouth Beach’ to permit regulated entertainment and the supply of alcohol, for a 2-day music festival on the beach on 1st and 2nd July 2022 be REFUSED.

Reasons for Decision

In reaching its decision the Sub-Committee gave detailed consideration to all of the information submitted before the Hearing - that contained in the report for Agenda Item 5 and that provided up to the date of the Hearing by the Applicant and those making representations. It also heard and took into account the submissions made at the Hearing made by the Senior Licensing Officer, Sarah Rogers; Mr Philip Day, Lacey’s Solicitors, representing the Applicant ‘High Tide Festival Company Ltd’; Mr Simon Smith and Mr Peter Tisdale, Promotors of the Event; Benjamin Davids, Event Manager; James Dutton, Method Events (Production Consultant); Jon Weaver - Head of  Destination and Events, BCP Council; Sergeant Gareth Gosling, Dorset Police; Andy Downton, Dorset Fire and Rescue Service and Ian Carter, Chair of the Safety Advisory Group (SAG), who had attended to answer any questions relating to the SAG meetings that had taken place.

 

The Sub-Committee also considered the responses given by the attendees to  the questions asked at the Hearing.

Section 18 of the Licensing Act 2003 provides that:

(3) Where relevant representations are made, the authority must—

(a)hold a hearing to consider them, unless the authority, the Applicant and each person who has made such representations agree that a hearing is unnecessary, and

(b)having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers appropriate for the promotion of the licensing objectives.

(4)The steps are—

(a)to grant the licence subject to—

(i)the conditions mentioned in subsection (2)(a) modified to such extent as the authority considers appropriate for the promotion of the licensing objectives, and

(ii)any condition which must under section 19, 20 or 21 be included in the licence;

(b)to exclude from the scope of the licence any of the licensable activities to which the application relates;

(c)to refuse to specify a person in the licence as the premises supervisor;

(d)to reject the application.

Representations were made that the likely effect of granting the proposed Licence would be that there would be a clear risk to public safety and potential for crime and disorder and that to grant the Licence would not therefore promote the Licensing Objectives of the prevention of crime and disorder and public safety.

The Sub-Committee, having heard the concerns expressed by the Responsible Authorities, were not convinced by the responses provided in the documentation and at the Hearing by the Applicant and their team. The Sub-Committee had no confidence that the proposed event would ensure the safety of the public. The Sub-Committee noted that the application had been made on 28^th February 2022 and despite a number of meetings with BCP Council’s Safety Advisory Group  (SAG) regarding the running of the event, the event organisers had consistently failed to provide the necessary detailed plans, risk assessments and other key assurances to the SAG members to provide confidence that the event would be delivered safely. The Event Management Plan (EMP) had not been completed to a satisfactory level and despite guidance, within the limits of the SAG, being given regarding what was required this information had still not been completed. The EMP submitted was inadequate and the Sub-Committee was not prepared to grant a licence for the event based on the EMP being completed satisfactorily by 1^st June 2022 based on lack of progress to date.

The Sub-Committee was concerned that the Application relies heavily upon the contents of an incomplete EMP and a variety of other documents which are yet to be received from the Applicant or were generic documents. The Sub-Committee considered whether it would be appropriate to attach a condition to the Licence (as proposed by the Applicant) that the Licence be granted subject to the submission of the EMP by 1^st June 2022. The Sub-Committee considered that this would not be appropriate in the circumstances. The Plan was substantially incomplete, and some key aspects had not been included or completed to the satisfaction of the Responsible Authorities. There would be no way for the Licensing Authority to be assured that a completed Plan was acceptable and dealt appropriately with the risks highlighted and that it would ensure the promotion of the Licensing Objectives. The lack of progress to date and the short time left before the planned event meant that the risks, should this condition be relied on, were higher than they potentially would have been with progress better to date. 

The documentation so far received has provided little detail on how the organiser plans to deliver the event or the key management responsibilities for delivering the event and responding to adverse incidents. Therefore, there is an increased risk to public safety which would be unacceptable.

The Sub-Committee accepted that the Applicant had offered to reduce ticket numbers to a maximum of 5000 and that the new maximum capacity on site at any one time (including staff, entertainers, catering etc) would be 6000, however, the Event organisers were unable to advise how long a full site evacuation would take at this reduced number. Mr Andy Downton, Dorset Fire and Rescue Service had expressed serious concerns over how a full scale evacuation of such a large scale event would take place. In addition, and by way of example, the event plans highlighted use of pyrotechnics, flares and to store Liquid, Petroleum Gas (LPG) on site but there was no mention of this in the risk assessment provided by the Applicant.

Gareth Gosling, Dorset Police, had raised specific concerns around the lack of information provided in relation to the movement and, deployment of security staff, in addition, there was inadequate information about what security staff would be tasked to do, what training they would have or how they would access support if needed. Again, this provides an example of the key risk assessments and planning which has failed to take place to date and is yet to be included in the draft EMP.

The Sub-Committee noted the comments made by Jon Weaver, Head of Destination and Events that BCP Council would very much like to support this event, subject to it meeting all statutory requirements and SAG approval, however, ongoing concerns over the management of the event had been raised despite the event having its own dedicated SAG meeting. He highlighted that the organisers had allowed inadequate planning time, and that an event of this scale at this location would more realistically take a year or more to plan adequately.

For all of the above reasons the Sub-Committee found that the Application if granted would not support the licensing objectives of the prevention of crime and disorder and the protection of public from harm and that there were no conditions that would appropriately manage the risks and ensure the licensing objectives would be promoted. It therefore decided that the appropriate decision in this case was to refuse the application.

 

Voting: Unanimous

 

 

Right of Appeal

All parties to the application have the right to Appeal to the Magistrates Court within the period of 21 days beginning with the day on which the Applicant is notified by the Licensing Authority of this decision in writing.