Agenda item

Stir Events CIC have made an application to vary the premises licence for the Cliff Top Music Festival which is held on the grassed overflow car park at Wharncliffe Road, Christchurch.

The current premises licence permits the following licensable activities –

Live Music: (Outdoors)

Saturday - 11:00 to 19:00

Recorded Music: (Outdoors)

Saturday - 11:00 to 19:00

Performances of Dance: (Outdoors)

Saturday – 11:00 to 19:00

Supply of Alcohol: Saturday - 11:00 to 19:00 (on sales)

Application has been made to increase the terminal hour until 22:00 and increase the number of events from one day per year to a 3-day event, twice a year.

Mediation has taken place, and the applicant has agreed to amend the application to request a single 2-day event per year.

This matter is brought to the Licensing Sub Committee for determination.

Present:

From BCP Council:

Sarah Rogers – Licensing Officer

Johanne McNamara – Legal Advisor to the Sub-Committee

Rebekah Rhodes – Clerk to the Sub-Committee

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

The 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 for a variation of the premises licence for the premises known as Cliff Top Music Festival, to permit an increase to the terminal hour until 22:00 and an increase in the number of events from 1 day per year to a 3 day event twice a year. In response to the application representation(s) had been received from 16 other persons on the grounds of the prevention of crime and disorder, prevention of public nuisance, public safety and protection of children from harm licensing objectives. Most representations were concerned over the prevention of public nuisance licensing objective.

The following persons attended the hearing and addressed the Sub- Committee to expand on the points made in written submissions:

Ms Mandy Polkey – Applicant

Mr Callum Hooker – Sound Engineer for event

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.

RESOLVED that the application to vary the premises licence for the premises known as Clifftop Music Festival, Wharncliffe Road, Christchurch, BH23 5JA, from a one day event a year to a two day event once per year be GRANTED

Reasons for Decision

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the hearing and contained in the report for Agenda Item 5 and the verbal submissions made at the hearing by Ms Mandy Polkey the applicant.

The Sub-Committee considered in detail all the written representations received and the responses from the Applicant, the Police and Environmental Health.  They also noted that there were no representations received from other Responsible Authorities

Including in the consideration was all the public representations, both against the Application and in support of the Application. The Sub-Committee noted that after mediation the Application was varied to reduce the number of events to one and the reduction in days to 2 and that 6 of the original representations opposing the Application were subsequently withdrawn. The Sub-Committee noted that the Application was also varied so the hours being applied for were 11.00 to 20.00 on Saturday and 11.00 to 17.00 on Sunday.

The Sub-Committee welcomed the detailed comments provided by the Applicant in their written response to the Representations and the presentation to the Sub-Committee and were of the view that the Application, as presented, would uphold the Licensing Objectives.

The Sub-Committee had regard to the revised Section 182 Licensing Act 2003 Statutory Guidance and in particular Paragraph 1.18 and noted that the reason the music festival was created was to promote and grow the area.

In making this decision the Sub-Committee have had regard to the Bournemouth, Christchurch and Poole Council Statement of Licensing Policy, the revised guidance, as set out by the Secretary of State and the licensing objectives, as set out in the Licensing Act 2003.

The Sub-Committee was satisfied that if the premises operated in accordance with the conditions offered in the operating schedule of the application, that the premises should not undermine the licensing objectives and as such the application should be granted.