Background
3.1 The Licensing Act 2003
(‘the Act’) established a single integrated scheme for
licensing premises which are used for the supply of alcohol,
regulated entertainment, late night refreshment or permission to
carry on some or all of these activities. In the Act these
activities are referred to collectively as the ‘licensable
activities’.
3.2 A Licensing Authority must carry
out its function under the Licensing Act with a view to promoting
the four licensing objectives. The licensing objectives are:
·
prevention of crime and disorder
·
public safety
·
prevention of public nuisance
·
protection of children from harm.
In carrying out
its functions, the Licensing Authority must also have regard to its
statement of licensing policy and any guidance issued by the
Secretary of State (section 182 guidance).
3.3 Licences will normally be granted
by the licensing officer under delegated powers but in the event of
relevant representations being received regarding the grant of a
premises licence, and where these representations cannot be
resolved through any mediation process, the application is referred
to the Licensing Acts Panel to be determined.
3.4 On 11 January 2023 an application
for the grant of a new premises licence was submitted by Live Tour
Promotions Ltd for Oxford Rugby Club Fields, North Hinksey Lane,
North Hinksey Village, Oxford, OX2 0NA. A copy of the form is
attached at Appendix A. The application is for live music,
recorded music, performance of dance and supply of alcohol for one
weekend each calendar year, as follows:
|
Licensable Activity
|
Proposed Days and Times
|
|
Live music, recorded music and performance of dance (all outdoors)
and supply of alcohol
|
Saturday and Sunday – 14:00 - 23:00
|
|
Hours premises open to the public
|
Saturday and Sunday – 14:00 - 23:15
|
3.5 A representation has been
received from Environmental Protection due to concerns relating to
public nuisance in respect of this application (Appendix B).
They have asked for additional conditions to be added to the
licence and for some amendments to the operating schedule as
follows:
Conditions proposed to be added to the licence:
1.
The
premises shall be licensed for one event annually. The specific
dates for each year’s event shall be confirmed in writing to
Vale of White Horse District Council’s licensing team not
less than three months before the event commences.
2.
The
premises licence holder will employ the services of a qualified
noise consultant no later than 3 months prior to the Event. The
noise consultant will produce a Noise Management Plan (NMP) that
will detail measures that should be put in place to manage noise on
site and minimise disruption to residents and other relevant
parties. The plan will include, but not be limited to, the
following information:
·
Location and orientation of the stage(s), generator(s) and any
other sound system(s)
·
The music noise limits and
demonstration of compliance with condition 23
·
The noise impact monitoring locations and frequency of such
monitoring at these locations
·
Noise
control procedures and music noise level monitoring
methodology
·
Complaints
monitoring and action taken log
·
Compliance
reporting
3.
The NMP
must be approved by the EHO at least one month prior to the event.
The noise consultant shall liaise between all parties including the
licensee, promoter, sound engineers, sound equipment suppliers and
the Licensing Authority on all matters relating to noise control
prior to and during the Event.
4.
Prominent, clear
signs shall be displayed at all outside seating areas/exits/in the
car park requesting that customers respect the needs of local
residents and keep noise to an appropriate level so as not to cause
disturbance.
5.
There
shall be unrestricted access to relevant areas for the EHO for the
purposes of sound level measurements, communications with the noise
consultant and sound engineers, and monitoring licence
compliance.
6.
The
licensee shall ensure that the promoter, sound equipment suppliers
and all individual sound engineers are informed of the sound
control limits and that any instructions from the noise consultant
regarding noise levels shall be implemented. The noise consultant
shall monitor noise levels at mixer desk positions and advise sound
engineers to ensure agreed limits are not broken, where
possible.
7.
Sound
checks and rehearsals shall only take place between the hours of
09:00 and 17:00 and shall be no longer than 3 hours.
8.
The premises
licence holder will make available any results from the noise
monitoring to the EHO after each Event.
9.
The
premises licence holder or their acoustic consultant shall supply,
in writing (electronic form is acceptable), a report of all
complaints, exceedance of agreed music noise level (MNL) and
interventions by the consultant or event management within 14 days
of the end of the event.
Proposed amendments
to the conditions from the operating schedule on the application
form
21. All
residents within the area will be advised, by way of a letter drop,
of any use of the premises, no less than one month before any
event. A contact number will be provided in this letter drop for
residents to be able to contact the festival
organisers throughout the event to ensure all complaints can be dealt with in a timely
fashion.
23. During all outdoor events the
received music noise level (MNL) (LAeq 15min) measured 1m from the
façade of the nearest noise sensitive premises shall not
exceed 65dBLAeq, and, within the 63Hz and 125Hz octave frequency
band the MNL shall not exceed 70dB.
The above proposals were sent to the applicant on 9 February and
were accepted by the applicant on 17 February.
3.6 A further representation has been
received as at Appendix C. The representation is from the
owner of a local
horse livery who has expressed concerns relating to the safety of
horse owners when accessing the livery and whether emergency
services would be able to access the livery, if required. They have
included a map of the location of the stable entrance in relation
to the rugby club.
3.7 For ease of reference, the
proposed conditions from the operating schedule as amended as a
result of the representation from Environmental Protection along
with the additional proposed conditions have been collated at
Appendix D.
3.8 In response to the representation
from the owner the of the local horse livery, the applicant has
agreed to some additional conditions, as follows.
- The rugby club overflow car park shall be
used as a drop off site to minimise any traffic queuing on the
road.
- The premises/event site shall be fully
enclosed within fencing. Security staff shall be in place to carry
out regular checks to ensure the event site perimeter and rugby
club site perimeters are both secure.
- Any persons ejected from the site shall be
escorted to the drop off point and supervised until they leave that
point.
3.9 A map showing the location of the
premises is attached at Appendix E.
Policy and guidance
4.1 The
relevant sections of the council’s statement of licensing
policy are as follows:
3.11 Conditions attached to
various authorisations will be focused on matters which are within
the control of licence holders, and will focus primarily on the
direct impact of any activities taking place at those premises on
those living, working, or otherwise engaged, in the area
concerned.
3.13 Conditions shall be
appropriate and proportionate to achieve the promotion of the
licensing objectives, and shall be tailored to suit the
circumstances and premises. Conditions will not be attached where
adequate legislative control exists.
5.1 The public safety
objective is concerned with the physical safety of anyone using or
adjacent to licensed premises. Applicants should carefully consider
how they intend to promote the public safety objective in their
operating schedule.
5.2 Where applicants consider
that the public safety objective could be compromised by their
intended activities, they are encouraged to contact the relevant
council’s Food and Safety team and/or the fire authority as
the most relevant responsible authorities for guidance. Other
organisations such as the Safety Advisory Group (SAG) will be able
to offer advice. Contact details for these authorities/groups are
available from the Licensing Authority.
5.20 The following should also be considered:
·
Disabled access and evacuation
·
Emergency procedures
·
Special risks such as lasers or fireworks
6.1 Public nuisance is a
broad concept, which concerns how the activity of one person (or
business) affects the amenity of other persons living and working
in the area of the licensed premises, for example, how noise from
playing music interferes with another person’s right to
sleep, or adverse impacts from light or odour.
6.2 The Act requires, and the
Licensing Authority expects, applicants to demonstrate within their
operating schedule how they intend to prevent public nuisance
arising. This will be of particular importance where there are
residential properties in the vicinity of the licensed
premises.
6.3 When appropriate on
application or review the Licensing Authority will consider the
adequacy of proposed measures to remove or effectively manage the
potential for public nuisance, anti-social behaviour and other
crime which may impact on the promotion of the licensing
objectives.
6.4 When an operating
schedule does not sufficiently address the prevention of public
nuisance the Licensing Authority will consider all reasonable
conditions suggested by responsible authorities in any relevant
representation to prevent public nuisance. In some locations it may
be appropriate and proportionate to limit opening hours, the times
of licensable activities or the types of licensable activities
taking place.
6.11 Noise can come either
directly or indirectly from licensed premises. Direct noise, such
as that from entertainment activity, will be under the
premises’ direct control. Indirect noise, such as that from
vehicles and customers coming to and from the premises may not be
under direct control, but the premises can strongly influence it.
Both types of noise will be of more significance in areas with
residential accommodation and will usually, but not exclusively, be
of greater importance between 11pm and 7am. However it must be
noted that noise and disturbance can also cause public nuisance
outside these times. The operating schedule should identify the
control measures that will be taken to minimise the impact of both
types of noise on neighbouring residents and businesses.
6.13 Noise and disturbance
from people outside can cause public nuisance even when those
people are not behaving badly. The operating schedule should
identify the control measures that will be taken to minimise the
impact of use of outside areas. This may include noise and
disturbance from customers on the premises and customers in outdoor
areas such as terraces, beer gardens and smoking areas. It will
also include noise, disturbance and obstruction from customers in
the vicinity of the premises including customers congregating
outside premises to smoke or drink, customers arriving, leaving or
queuing outside premises.
9.7 The licensing panel will
determine each case on its individual merits whilst having regard
to the legislation, the Secretary of State’s guidance and
this policy. Where the licensing panel determines that it is
appropriate and proportionate to attach conditions to a licence or
certificate it will ensure that those conditions are focused on the
direct impact of the activities taking place at the premises
concerned. Such conditions will be proportionate to the activity to
be controlled and will only be imposed in the interests of
promoting the licensing objectives.
4.2 The relevant sections of the
Secretary of State’s guidance issued under section 182 of the
Licensing Act 2003 are as follows:
1.16 Licensing conditions
must be tailored to the individual type, location and
characteristics of the premises and events concerned. They should
be proportionate, justifiable and be capable of being met.
2.15 The 2003 Act enables
licensing authorities and responsible authorities, through
representations, to consider what constitutes public nuisance and
what is appropriate to prevent it in terms of conditions attached
to specific premises licences and club premises certificates. It is
therefore important that in considering the promotion of this
licensing objective, licensing authorities and responsible
authorities focus on the effect of the licensable activities at the
specific premises on persons living and working (including those
carrying on business) in the area around the premises which may be
disproportionate and unreasonable. The issues will mainly concern
noise nuisance, light pollution, noxious smells and litter.
2.16 Public nuisance is given
a statutory meaning in many pieces of legislation. It is however
not narrowly defined in the 2003 Act and retains its broad common
law meaning. It may include in appropriate circumstances the
reduction of the living and working amenity and environment of
other persons living and working in the area of the licensed
premises. Public nuisance may also arise as a result of the adverse
effects of artificial light, dust, odour and insects or where its
effect is prejudicial to health.
2.18 As with all conditions,
those relating to noise nuisance may not be appropriate in certain
circumstances where provisions in other legislation adequately
protect those living in the area of the premises. But as stated
earlier in this Guidance, the approach of licensing authorities and
responsible authorities should be one of prevention and when their
powers are engaged, licensing authorities should be aware of the
fact that other legislation may not adequately cover concerns
raised in relevant representations and additional conditions may be
appropriate.
9.37 As a matter of practice,
licensing authorities should seek to focus the hearing on the steps
considered appropriate to promote the particular licensing
objective or objectives that have given rise to the specific
representation and avoid straying into undisputed areas.
9.43 The authority’s
determination should be evidence-based, justified as being
appropriate for the promotion of the licensing objectives and
proportionate to what it is intended to achieve.
10.8 The licensing authority
may not impose any conditions unless its discretion has been
exercised following receipt of relevant representations and it is
satisfied as a result of a hearing (unless all parties agree a
hearing is not necessary) that it is appropriate to impose
conditions to promote one or more of the four licensing
objectives.
4.3 The
licensing panel may also wish to view relevant case law as
follows:
East Lindsey District Council
v Abu Hanif (2016) High Court stated case reaffirms the prospective
nature of the Licensing Act and how licensing authorities and
courts should approach the promotion of the licensing objectives.
It reaffirms that they require a “prospective consideration
of what is warranted in the public interest, having regard to the
twin considerations of prevention and deterrence.”
R (on application of Hope and Glory Public House Ltd) v City of
Westminster Magistrates’ Court and Others (2011) EWCA Civ 312
also states how licensing authorities should approach licensing
decision making:
“They involve an
evaluation of what is to be regarded as reasonably acceptable in
the particular location. In any case, deciding what (if any)
conditions should be attached to a licence as necessary and
proportionate to the promotion of the statutory licensing
objectives is essentially a matter of judgment rather than a matter
of pure fact.”
Sourced from:
https://www.gov.uk/government/publications/alcohol-licensing-using-case-law/alcohol-licensing-using-case-law
Options
5.1 In determining the application
the authority must give weight to:
·
representations received from responsible authorities
·
relevant representations received from other persons
·
the Secretary of State’s guidance issued under Section 182 of
the Licensing Act 2003
·
the council’s statement of licensing policy and
·
the steps appropriate to promote the licensing objectives
5.2
In view of the above, the panel is
requested to consider the application for a premises licence and
decide whether to:
(a) grant the licence as applied for
(b) grant the licence after modifying any
conditions to such extent as the authority
considers appropriate for the promotion of the licensing
objectives
(c) exclude from the scope of the licence any
of the licensable activities to which the application
relates
(d)
refuse to specify a person in the licence as the premises
supervisor, and/or
(e)
reject the application.
6 Should the
applicant or any other person wish to appeal against a decision of
the council, they may do so to the magistrates’ court. The
council would incur costs should this occur, although the court may
decide to award costs if the council’s decision was
upheld.
Legal
Implications
7.1 The Human Rights Act 1998
requires public bodies to ensure everything they do is compatible
with Convention Rights and makes it unlawful for a public authority
to act incompatibly with those rights. When determining whether to
grant the application the panel will be aware of human rights
considerations, specifically Part 1, Article 6, the right to a fair
trial, Part 2 and Article 8 the right to respect for private and
family life for those making representations.
7.2
The hearing of all applications is subject
to the principles of natural justice.
7.3 Section 17 of the Crime and
Disorder Act 1998 states, ‘without prejudice to any other
obligation imposed on it, it shall be the duty of each authority to
exercise its various functions with due regard to the likely effect
of those functions on, and the need to do all that it reasonably
can to prevent crime and disorder in its area’.
7.4 Under Schedule 5, Part 1 of the
Licensing Act 2003, any person aggrieved by the decision in respect
of the application may appeal to a Magistrates’ Court within
21 days of the date of the decision.
Conclusion
8
This report provides information submitted by the applicant,
responsible authorities and other persons. The panel should
determine this application with a view to promoting the four
licensing objectives. It must, having
had regard to all the relevant representations and the evidence it
hears, determine the application using the options outlined in
section 5 of this report.
Appendix A –
Application form and plan of premises
Appendix B –
Representation from Environmental Protection
Appendix C –
Representation from other person
Appendix D –
Proposed conditions from operating schedule
Appendix E – Map
of locality
Appendix A – Application form and plan of premises
Appendix B –
Representation from Environmental Protection
Appendix C –
Representation from other person
From: Ayse Ergeneli
Sent: 08 February 2023 20:34
To: Fisher, Kate
<kate.fisher@southandvale.gov.uk>
Subject: Re: Event at Oxford Rugby Club 23rd June 2023 - has
expressed
Importance: High
Dear Kate,
Thank you for the link to the
licensing application for the proposed event the rugby
club.
I have had a look at
everything I could find and my comments are below. Please let me
know if I have missed anything as, at present, the information in
the application seems very vague.
The map
I cannot see where the stage
for the concert may be set up in the grounds, or exactly which
fields the festival will be in. It is unlikely there could be
anywhere in the grounds as I know them that would be far enough
away from the horses not be a cause for concern though. For
example, the paddock in front of the stables is just under 2 acres
- roughly half of the distance of the far boundary of the rugby
club ground opposite. The horse fields are every field opposite the
rugby and tennis clubs and all the way through the village to the
Fishes pub.
The ‘Track’ is
through a gate in the rugby club car park and the only entrance or
exit point to the main stables. It is used several times daily by
children and adults to manage and exercise their horses, for the
horse lorry to get in and out, especially on weekends or in a horse
emergency, and (as has sometimes been necessary) for ambulances and
fire engines. The track is also the only access track to other land
used several times daily by another person who keeps his machinery
and tractors and trailers there.
I’ve tried to show below
where we are in relation to the rugby and tennis clubs, but I
wasn’t able to expand the map further to see how the
alternative field access used by the rugby club for overflow
parking (top left of the picture but out of view), could possibly
be arranged so that there was safe two-way traffic as everyone
comes and goes. It really is a very narrow lane!
Appendix D –
Proposed conditions from operating schedule
1)
The premises shall be licensed for one event annually. The specific
dates for each year’s event shall be confirmed in writing to
Vale of White Horse District Council’s licensing team not
less than three months before the event commences.
2)
All planning for the event shall be
in line with recommendations laid out in the online 'Purple Guide'
and HSG154 Managing Crowds Safely and shall be planned in strong
consultation with local authorities and licensing staff via regular
meetings starting no less than 3 months before the proposed start
date of any activities on the site.
3)
The final site layout shall be as
agreed with the event health and safety advisor and Security
consultant and all statutory authorities (which includes but is not
limited to members of the council events department, licensing,
highways, parking, and blue light services).
4)
There shall be at least one personal
licence holder in the bar present whilst the bars is in operation.
Furthermore, whenever the premises are open to the public the
Designated Premises Supervisor shall be present within the licensed
premises.
5)
Plastic glasses or cans shall be
used at the bar. Where a drink is in a bottle and this is not
plastic, the contents of said bottle shall be decanted into a
plastic glass.
6)
The boundaries of the licensed
premises shall be clearly fenced and marked so that staff,
interested parties, police and members of the public can clearly
see what areas are licensed.
7)
No event shall take place until an
Event Management Plan has been submitted to and approved by all
other relevant statutory bodies.
8)
All core event staff and personnel
shall be issued with a radio and shall be in contact with event
control.
9)
All licensed door staff shall use
radios to contact each other and shall wear hi-visibility arm bands
with their SIA badge clearly on display. They shall also be in high
visibility jackets or similar and should be clearly identifiable as
security.
10)
All stewards shall wear high
visibility jackets or similar and should be clearly identifiable as
stewards.
11)
The appointed security contractor
shall provide SIA registered security staff provision, including
the mix of male/female staff shall be based on a risk assessment
carried out no less than one month before any event.
12)
Outside the permitted hours for
alcohol, all alcoholic drinks shall be secured safely to prevent
their sale or theft.
13)
Any patrons displaying signs of
drunkenness or use of drugs shall be ejected from the premises
where it is safe to do so or admitted to onsite welfare facilities
until they are deemed safe to be ejected. Where anti-social
behaviour is observed in connection with alcohol or drugs the
patron shall be ejected when safe to do so.
14)
Refusal log books shall be
completed for any refusal of the sale of alcohol. There shall be
one book at every bar and shall be made available upon request to
officers from Vale of White Horse District Council, Trading
Standards or Thames Valley Police.
15)
Security shall be posted at key
locations, as identified within the EMP and agreed with all
relevant statutory authorities, around the event site to ensure the
protection of adjoining residencies and businesses.
16)
All drugs or illicit substances
found or confiscated on site shall be logged via radio at the point
of confiscation and then returned to the event HQ where it shall be
securely stored and logged in a drugs book which shall be made
available upon request to Officers from Thames Valley Police. All
contraband along with seizure records shall be handed to Thames
Valley Police at the end of the event. The management of the
premises shall devise, implement and maintain a written policy
relating to the prevention of illegal drugs, offensive weapons and
any other illegal products or contraband goods. This policy shall
include, but not be limited to staff training, searching,
confiscation, storage and disposal of seized items. The policy
shall be made available upon request to an authorised officer of
the council and Thames Valley Police.
17)
A dedicated area in the site,
adjacent to the First Aid section, shall be provided for welfare
provision to treat and ensure the safety of any vulnerable patrons
in the premises.
18)
Adequate medical provision shall be
made available in line with calculations from the "Purple Guide"
and following a risk assessment carried out by the medical
provider.
19)
An incident book shall be completed
for any incident that takes place within the licensed premises. The
book shall be made available upon request to officers from the
Licensing Authority, Trading Standards and Thames Valley
Police.
20)
Waste management teams, alongside
event staff shall be engaged to ensure the event site is cleaned
and returned to its previous condition.
21)
Attendees shall be reminded of the
residential location via digital media in advance of the event and
clear signage throughout the event site shall be used to remind and
inform attendees of the proximity of residential areas.
22)
All residents within the area shall be advised, by way of a letter
drop, of any use of the premises, no less than one month before any
event. A contact number shall be provided in this letter drop for
residents to be able to contact the festival
organisers throughout the event to
ensure all complaints can be dealt with in a timely
fashion.
23)
During all outdoor events the received music noise level (MNL)
(LAeq 15min) measured 1m from the façade of the nearest
noise sensitive premises shall not exceed 65dBLAeq, and, within the
63Hz and 125Hz octave frequency band the MNL shall not exceed
70dB.
24)
The premises licence holder shall employ the services of a
qualified noise consultant no later than 3 months prior to the
event. The noise consultant shall produce a Noise Management Plan
(NMP) that shall detail measures that should be put in place to
manage noise on site and minimise disruption to residents and other
relevant parties. The plan shall include, but not be limited to,
the following information:
·
Location and orientation of the stage(s), generator(s) and any
other sound system(s)
·
The music noise limits and demonstration of compliance with
condition 23
·
The noise impact monitoring locations and frequency of such
monitoring at these locations
·
Noise control
procedures and music noise level monitoring methodology
·
Complaints
monitoring and action taken log
·
Compliance
reporting
25)
The NMP must be
approved by the EHO at least one month prior to the event. The
noise consultant shall liaise between all parties including the
licensee, promoter, sound engineers, sound equipment suppliers and
the Licensing Authority on all matters relating to noise control
prior to and during the event.
26)
Prominent, clear signs
shall be displayed at all outside seating areas/exits/in the car
park requesting that customers respect the needs of local residents
and keep noise to an appropriate level so as not to cause
disturbance.
27)
There shall be
unrestricted access to relevant areas for the EHO for the purposes
of sound level measurements, communications with the noise
consultant and sound engineers, and monitoring licence
compliance.
28)
The licensee shall
ensure that the promoter, sound equipment suppliers and all
individual sound engineers are informed of the sound control limits
and that any instructions from the noise consultant regarding noise
levels shall be implemented. The noise consultant shall monitor
noise levels at mixer desk positions and advise sound engineers to
ensure agreed limits are not broken, where possible.
29)
Sound checks and
rehearsals shall only take place between the hours of 09:00 and
17:00 and shall be no longer than 3 hours.
30)
The premises licence
holder shall make available any results from the noise monitoring
to the EHO after each event.
31)
The premises licence
holder or their acoustic consultant shall supply, in writing
(electronic form is acceptable), a report of all complaints,
exceedance of agreed music noise level (MNL) and interventions by
the consultant or event management within 14 days of the end of the
event.
32)
Sufficient sanitary
facilities shall be made available within the premises to prevent
public urination (as per the Event Management Plan).
33)
The organisers shall monitor on-site
dB noise levels and ensure that set noise limits shall be adhered
to, with regular reading to be taken and recorded.
34)
A dedicated festival 'hotline' shall
be in place for local residents to contact the festival organisers,
enabling them to respond to noise disturbance concerns and react
accordingly.
35)
Depending on the specific event, the
site shall either be restricted to people who are 18 years or older
or it shall be open to all ages. When applicable, anyone under the
age of 18 shall need to be accompanied by an adult. 2 people under
18 can be accompanied by one adult (exceptions due to circumstances
shall be made e.g. single guardians and large family groups).
Vigorous ID checks shall be carried out at the point of entry and
sale for any age restricted products.
36)
All age restricted sales training
undertaken by staff members shall be fully documented and recorded
prior to being allowed to sell alcohol.
37)
The premises shall adopt a
'Challenge 25' policy whereby any person attempting to buy alcohol
who appears to be under 25 shall be asked for photographic ID as
proof of their age. The only ID that shall be accepted are valid
passports and UK driving licences with a photograph or proof of age
cards bearing the 'PASS' mark hologram. The list of approved ID may
be amended or revised with the prior agreement of Thames Valley
Police and the Licensing Authority without the need to amend the
actual licence.
