Decision

Premises:
                                        
“Sunflowers Festival Site” Brockworth Road,
Churchdown, Gloucester, GL3 4RA
 

Applicant:                                        
Sunflowers Festival Site, trading as Monkey Bar Events Ltd.
 
Application for a premises licence under the
Licensing Act 2003.
 
Present:                                              
Councillors P A Godwin, H Sundarajoo and                                       
                                                           
M J Williams.
 
Representatives of
applicant:            
Two Directors of Monkey Bar Events Ltd
                                                           
Representative from the Sunflowers Charity
 
Responsible Authorities:                    
None
 
Other Persons
addressing the          
Two Other Persons speaking in objection to the application for
premises licence.
Sub-Committee:                                
 
 
SUMMARY OF
REPRESENTATIONS
 

Two responsible authorities had made
representations in relation to the application: Gloucestershire
Constabulary and the Environmental Health Authority. 

2.   
Gloucestershire Constabulary and the Environmental
Health Authority subsequently agreed conditions for inclusion
within the Operating Schedule.

32 representations had been received
from Other Persons in relation to the application, 26 of which were
in objection and six in support.

 
THE APPLICATION
 
Relevant licensable activities and hours
applied for:
 

Performance of Live Music

Fridays

17:00 – 22:30

Performance of Live Music

Saturdays

12:00 – 22:30

Performance of Live Music

Sundays

12:00 – 17:30

Performance of Recorded Music

Fridays

17:00 – 22:30

Performance of Recorded Music

Saturdays

12:00 – 22:30

Performance of Recorded Music

Sundays

12:00 – 17:30

Performance of Dance

Fridays

17:00 – 22:30

Performance of Dance

Saturdays

12:00 – 22:30

Performance of Dance

Sundays

12:00 – 17:30

Entertainment of a similar description to a
performance of live music, recorded music or a performance of
dance

Fridays

17:00 – 22:30

Entertainment of a similar description to a
performance of live music, recorded music or a performance of
dance

Saturdays

12:00 – 22:30

Entertainment of a similar description to a
performance of live music, recorded music or a performance of
dance

Sundays

12:00 – 17:30

Sale by Retail of Alcohol

Fridays

17:00 – 22:30

Sale by Retail of Alcohol

Saturdays

12:00 – 22:30

Sale by Retail of Alcohol

Sundays

12:00 – 17:30

 
 
DECISION
 
Having considered the application; the
evidence provided; the representations made by all parties,
including those made at the hearing and the written representations
of the Other Persons received who were not present at the hearing;
the provisions of the Licensing Act 2003, the obligation to promote
the four licencing objectives; the relevant sections of the
Council’s Statement of Licensing Policy and the Statutory
Guidance it was resolved that the premises licence be GRANTED in accordance with the application set out, subject
to additional conditions agreed with Gloucestershire Constabulary
and the Environmental Health Authority being added to the
licence.
 
 
CONDITIONS
CONSISTENT WITH THOSE RECOMMENDED BY THE RESPONSIBLE AUTHORITIES
AND AGREED WITH THE APPLICANT
 

The Premises Licence Holder (PHL)
will, so far as is reasonably practicable, ensure that each event
will operate in accordance with an event specific Event Management
Plan (EMP). The EMP shall contain detailed policies and plans to
promote all the licensing objectives.
At a minimum, the EMP will include
(either as part of a single document or a series of documents) the
following:

a.   
Overall description of the event, anticipated number of attendees,
and detailed plan/s of the event site. (The plan/s will include
emergency exits, temporary structures, bars, stalls, toilets, car
parking and fire precautions)
b.   
Details of event hierarchy and specific responsibilities for
ensuring the smooth running and safety of the event.
c.    
Security and Stewarding Plan (to include Crowd Management Policy,
Searching Policy and Drug Policy)
d.   
Emergency and Contingency Plan (to include Emergency Evacuation
Procedures and Major Incident/Terrorism Plan)
e.   
Communications Plan
f.     
Alcohol Management Plan (to include Challenge 25 Policy, Staff
Training, Drink Spiking Awareness and Glass Policy)
g.   
Noise Management Plan
h.   
First Aid and Welfare Plan (to include Safeguarding, Missing
Children and Vulnerable Adults Policy)
i.     
Traffic Management Plan
j.     
Adverse Weather Plane
k.    
Risk Assessments
 

3.   
Security Industry Authority (SIA) licensed Door Supervisors will be
on duty at all times whilst licensable activities are taking place.
Sufficient security numbers in relation to tickets sales will be
reflected in the EMP for each event year.
 

4.   
An incident log (written of electronic) shall be in operation
throughout each event and made available for inspection upon
request of an authorised officer of the Licensing Authority or
Police. Entries must be made as soon as reasonably practicable, but
in any case within 24 hours of the relevant incident occurring. The
log will include:
 
a.   
all crimes reported
b.   
all ejections of patrons
c.    
all incidents of disorder
d.   
all seizures of drugs or offensive weapons
e.   
all refusals of the sale of alcohol
 

5.   
Any Event be for a maximum capacity of 4,999 attendees and entry
permitted upon production of a valid ticket only.
 

6.   
Children under 18 years of age must be accompanied by an adult.
 

7.   
Should any CCTV be in operation during an event (including Body
Worn Video of any Security personnel), footage will be retained for
at least 28 days after each event has concluded and made available
to Police without delay upon reasonable request.
 

8.   
A Noise Management Plan shall be submitted in writing and agreed
with the Environmental Health Officer from Tewkesbury Borough
Council, to describe the measures taken to control noise from the
festival. The NMP should include details of a complaint telephone
line for residents to call should the music be problematic during
the event.
 

9.   
On days when music is taking place, Music Noise Levels (MNLs) shall
be monitored at such intervals and from such locations as have been
agreed in writing with an Environmental Health Officer from
Tewkesbury Borough Council.
 
 
REQUESTS BY THE
LICENSING SUB-COMMITTEE THAT THE APPLICANT: -
 

1.   
Holds a Questions and Answers session with residents in the local
area two and half months in advance of the festival date.

2.   
Does a leaflet drop to all residents in the local area detailing
the festival event details and containing the telephone number for
residents to call should there be any issues. This to be done two
months in advance of the festival date.

3.   
Prioritises the use of recyclable products where possible,
including vendors products, and if not available look at incentives
to encourage recycling.

4.   
Looks to conduct a wildlife survey/assessment to ensure safety and
wellbeing of animals/wildlife in the surrounding fields.
 
REASON
 
The Licensing Sub-Committee considered that it
must carry out its functions with a view to promoting the four
licensing objectives, as set out in Section 4(2) of the Licensing
Act 2003.  In the written
representations to the Sub-Committee, the Other Persons highlighted
a number of concerns in relation to communication with residents,
concerns surrounding litter and the impact on wildlife. Therefore
the Sub-Committee requested that the Applicant consider the four
recommendations put forward by it.
 
APPEAL
 
All parties were reminded of their rights of
appeal against the Licensing Authority’s decision pursuant to
Section 181 of and Schedule 5 to the Licensing Act 2003. An appeal
must be made to the Magistrates’ Court and commenced within
21 days of notification of the authority’s decision.
 
REVIEW
 
All parties were reminded of the procedures
contained within the Licensing Act 2003 relating to the potential
review of a premises licence. This provision allowed the public,
businesses or Responsible Authorities to apply for a review of a
premises licence where problems arose, in relation to the licensing
objectives: crime and disorder, risks to public safety, public
nuisance or failure to protect children from harm