Cabinet_Report

Purpose of Report

1 To present the facts and relevant representations received in respect of an application for a premises licence for Oxford Rugby Football Club, North Hinksey Village, Oxford, OX2 0NA, to the Licensing Acts Panel in order that it can determine the application under Section 18 of the Licensing Act 2003.

Strategic Objectives

2 The relevant strategic objectives are ‘Working in an open and inclusive way’ and ‘Building healthy communities’.

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 – latest version December 2023).

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 April 204 an application for the grant of a new premises licence was submitted by Oxford Rugby Football Club Ltd for the premises known as Oxford Rugby Football Club, North Hinksey Village, Oxford, OX2 0NA. A copy of the form and plan is attached at Appendix A. The application is for a time limited licence beginning on 21 June 2024 and lapsing on 23 June 2024. The following licensable activities have been applied for:

Licensable Activity	Proposed Days and Times
Recorded Music	2200hrs to 0030hrs on Friday 1100hrs to 0030hrs on Saturday 1100hrs to 1500hrs on Sunday (indoor and outdoor)
Supply of Alcohol	1300hrs to 0100hrs on Friday 1100hrs to 0100hrs on Saturday 1100hrs to 2200hrs on Sunday
Hours premises are open to the public	1300hrs to 0130hrs on Friday 1100hrs to 0130hrs on Saturday 1100hrs to 2230hrs on Sunday

3.5 No representations have been received from any of the named Responsible Authorities stated within the Licensing Act 2003.

3.6 The Licensing Authority has requested the following conditions to be added to the licence. These conditions were formed from the applicant’s operating schedule and have been worded in line with the council’s pool of model conditions which can be found on the council’s website here - https://www.whitehorsedc.gov.uk/vale-of-white-horse-district-council/licensing/alcohol-and-entertainment-licences/premises-licences-for-alcohol-and-entertainment/apply-for-a-new-premises-licence/

1. The management of the premises shall devise and implement a written policy or event management plan to control the access to and exit of persons to and from the premises. The policy shall state how the event will be managed. This includes details of numbers of staff and stewards on site at any time, how to manage ejections and dispersals, ensuring sufficient staff are available onsite to manage the event at all times, including how to disperse customers at the end of the evening so as not to create a public nuisance to nearby residents and any other matter. The policy/event management plan shall be made available upon request to an authorised officer of the council and Thames Valley Police.

2. Prominent, clear and legible notices are to be displayed and maintained at all exits requesting customers to respect the needs of local residents and to leave the premises and area quietly. All reasonable steps shall be taken to ensure that people entering or leaving the premises do so in an orderly manner and do not in any way cause annoyance to residents and people passing by the premises.

3. Noise from any regulated entertainment (recorded music, etc) and any tannoy systems shall be continually monitored throughout the event. Noise readings shall be taken hourly and documented in writing giving the location the reading was taken at, the level of the reading, any action taken and the staff member taking that reading. This document shall be available for inspection by officers of the council and Thames Valley Police upon request.

4. The premises licence holder or nominated representative shall devise, implement and maintain a Challenge 25 policy as part of their policy relating to alcohol sales. Clear signage relating to the policy shall be displayed at the premises. Only a valid driver's licence showing a photograph of the person, a valid passport, national identity card or proof of age card showing the "PASS" hologram are to be accepted as identification.

5. All staff employed (whether paid or unpaid) in the sale of alcohol shall be trained in respect of the law relating to the sale of alcohol, proxy purchases, identification checking, the company's proof of age policy and the procedure on handling and recording refusals. Refresher training shall be carried out annually before the commencement of licensable activities at the event. Such training sessions are to be documented and records shall be kept for a minimum of one year and be made available upon request to an authorised officer of the council, Trading Standards and Thames Valley Police.

6. A refusal register (written or electronic) shall be maintained at the premises to record sales of age restricted products that have been refused. The register is to be made available upon request by Thames Valley Police, Trading Standards Officers and Licensing Officers. The register should include details of the time, date, member of staff refusing the sale, reason for refusal and a brief description of the person refused.

These conditions have been agreed by the applicant (please see Appendix B).

3.7 2 representations have been received from other persons as follows:

Name	Summary of representation	Appendix Reference
Ayse Ergeneli	Noise and disturbance	Appendix C
Daniel Crouch	Noise, disturbance, crime	Appendix D

3.8 The Licensing Authority has contacted the persons who made a representation to clarify that the event for which the licence has been applied for is not the same style of event that took place on site in 2023 run by Live Tour Promotions. The event held in 2023 was referenced in the representations. As per what is stated in the application form, this event would be a football tournament for approximately 850 persons with a bar and disco in the evening. Clarification of this led to one person withdrawing their representation. The representations at Appendix C and D have not been withdrawn.

3.9 The applicant has provided additional information to the Licensing Authority in relation to the football tournament and the number of attendees who will attend the event which includes an estimate on the number of vehicles expected. This information is attached at Appendix E.

3.10 It should be noted that the applicant is able to make use of the Live Music Act 2012 and the Legislative Reform (Entertainment Licensing) Order 2014 exemptions. This means that no licence is required to play live and recorded music in a premises licensed for the sale of alcohol between the hours of 08:00-23:00 where attendance is limited to 500 persons. Any conditions which relate to live music and recorded music will also not have effect between these hours unless these are added by a panel as a result of a review of the premises licence at a later stage.

3.11 A map showing the location of the premises is attached at Appendix F. This map indicates the approximate residential location of any other persons who have made representations as indicated in the above paragraph(s).

Policy and guidance

4.1 The relevant sections of the council’s statement of licensing policy are as follows:

3.1 All applicants for the grant or variation of a premises licence or club premises certificate are required to provide an operating schedule as part of their application. This is a key document and, if prepared comprehensively, will significantly reduce the likelihood of the application attracting representations. The Licensing Authority expects an operating schedule to indicate the steps that the applicant proposes to take to promote the licensing objectives having regard to the type of premises, the licensable activities to be provided, the nature of the location and the impact on the local community. This should follow a thorough risk assessment relating to the specific premises, the locality and the licensable activities proposed to take place.

3.2 Applicants are strongly recommended to discuss their operating schedule with the responsible authorities prior to submitting the application. The Licensing team can assist in coordinating this process.

3.5 Measures to promote the licensing objectives which are included in the operating schedule are used to form conditions attached to the licence and should therefore be clear, concise and unambiguous. To assist with this, the Licensing Team has produced guidance to applicants which contains a pool of model conditions. This document is available on the councils’ websites and on request from the Licensing Team. We will use this document when translating proposed measures into clear, enforceable conditions.

3.7 Applicants are expected to make themselves aware of any relevant policies and strategies such as those relating to planning, tourism, local crime prevention and alcohol harm reduction, and to have taken these into account when formulating their operating schedule.

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.

3.12 The licensing function is not a mechanism for the control of anti-social behaviour by individuals once they are beyond the direct control of the licence holder of any premises concerned. Conditions attached to licences must only seek to impact on the behaviour of customers on, or in the immediate vicinity of the premises as they seek to enter or leave.

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.

4.3 Applicants will be expected to demonstrate in their operating schedule that suitable and sufficient measures have been identified and will be implemented and maintained to reduce or prevent crime and disorder on and in the vicinity of their premises, relevant to the individual style and characteristics of their premises or event.

4.13 The Licensing Authority will consider representations that indicate that specific premises require door supervision for the purpose of meeting the crime and disorder or public safety licensing objectives. In such cases, the Licensing Authority may impose a condition that an agreed number or ratio of licensed door supervisors must be present at the premises either at all times, or at such times as certain licensable activities are taking place.

4.16 Licensed premises should consider implementing a dispersal policy, working in partnership with other venues within the vicinity through mechanisms such as Pubwatch. Applicants should consider how the venue will minimise the potential for disorder and disturbance as customers leave the premises, including any ejections. Any policy should be reviewed regularly and staff should be trained in its implementation.

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.

6.4 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.

7.4 The Licensing Authority expects that, whether or not alcohol is supplied or proposed to be supplied on or in the vicinity of the premises, operating schedules will identify:

• the extent to which it is proposed that children be admitted to the premises;

• whether it is proposed that unaccompanied children will be admitted;

• the type of regulated entertainment provided whilst children are present;

• the specific steps undertaken to ensure the safety of children and to further ensure that no products or services are sold to children that are not appropriate for their use or consumption.

• that staff are aware of their responsibility to ensure that an adult should not become over intoxicated if accompanied by a young person or child as to inhibit their ability to safeguard that young person.

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.

15.1 A critical element of the proper control of licensable activity and a premises where such activity is provided is good management. Within all licensed premises, whether or not alcohol is to be sold, the Licensing Authority will expect there to be proper management arrangements in place which will ensure that there is an appropriate number of responsible, trained persons at the premises to ensure the proper management of the premises and of the activities taking place, as well as adherence to all statutory duties and the terms and conditions of the premises licence and the promotion of the licensing objectives.

4.2 The relevant sections of the Secretary of State’s guidance issued under section 182 of the Licensing Act 2003 (latest version dated December 2023 accessed at https://www.gov.uk/government/publications/explanatory-memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003) are as follows:

1.2 The legislation provides a clear focus on the promotion of four statutory objectives which must be addressed when licensing functions are undertaken.

1.4 Each objective is of equal importance. There are no other statutory licensing objectives, so that the promotion of the four objectives is a paramount consideration at all times.

1.5 However, the legislation also supports a number of other key aims and purposes. These are vitally important and should be principal aims for everyone involved in licensing work. They include:

• protecting the public and local residents from crime, anti-social behaviour and noise nuisance caused by irresponsible licensed premises;

• giving the police and licensing authorities the powers they need to effectively manage and police the night-time economy and take action against those premises that are causing problems;

• recognising the important role which pubs and other licensed premises play in our local communities by minimising the regulatory burden on business, encouraging innovation and supporting responsible premises;

• providing a regulatory framework for alcohol which reflects the needs of local communities and empowers local authorities to make and enforce decisions about the most appropriate licensing strategies for their local area; and

• encouraging greater community involvement in licensing decisions and giving local residents the opportunity to have their say regarding licensing decisions that may affect them.

1.16 Conditions on a premises licence or club premises certificate are important in setting the parameters within which premises can lawfully operate. The use of wording such as “must”, “shall” and “will” is encouraged. Licence conditions:

• must be appropriate for the promotion of the licensing objectives;

• must be precise and enforceable;

• must be unambiguous and clear in what they intend to achieve;

• should not duplicate other statutory requirements or other duties or responsibilities placed on the employer by other legislation;

• must be tailored to the individual type, location and characteristics of the premises and events concerned;

• should not be standardised and may be unlawful when it cannot be demonstrated that they are appropriate for the promotion of the licensing objectives in an individual case;

• should not replicate offences set out in the 2003 Act or other legislation;

• should be proportionate, justifiable and be capable of being met;

• cannot seek to manage the behaviour of customers once they are beyond the direct management of the licence holder and their staff, but may impact on the behaviour of customers in the immediate vicinity of the premises or as they enter or leave; and

• should be written in a prescriptive format.

2.3 Conditions (relating to crime and disorder) should be targeted on deterrence and preventing crime and disorder including the prevention of illegal working in licensed premises (see paragraph 10.10). For example, where there is good reason to suppose that disorder may take place, the presence of closed-circuit television (CCTV) cameras both inside and immediately outside the premises can actively deter disorder, nuisance, anti-social behaviour and crime generally. Some licence holders may wish to have cameras on their premises for the prevention of crime directed against the business itself, its staff, or its customers. But any condition may require a broader approach, and it may be appropriate to ensure that the precise location of cameras is set out on plans to ensure that certain areas are properly covered and there is no subsequent dispute over the terms of the condition.

2.22. 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.

2.23 Conditions relating to noise nuisance will usually concern steps appropriate to control the levels of noise emanating from premises. This might be achieved by a simple measure such as ensuring that doors and windows are kept closed after a particular time, or persons are not permitted in garden areas of the premises after a certain time. More sophisticated measures like the installation of acoustic curtains or rubber speaker mounts to mitigate sound escape from the premises may be appropriate. However, conditions in relation to live or recorded music may not be enforceable in circumstances where the entertainment activity itself is not licensable (see chapter 16). Any conditions appropriate to promote the prevention of public nuisance should be tailored to the type, nature and characteristics of the specific premises and its licensable activities. Licensing authorities should avoid inappropriate or disproportionate measures that could deter events that are valuable to the community, such as live music. Noise limiters, for example, are expensive to purchase and install and are likely to be a considerable burden for smaller venues.

3.12 Schedule 2 to the 2003 Act provides a definition of what constitutes the provision of late night refreshment. It involves the supply of ‘hot food or hot drink’ between the hours of 23.00 and 05.00 to the public for consumption on or off the premises. It includes the supply of hot food or hot drink between those hours on premises to which the public has access. Under Schedule 2, food or drink is considered to be ‘hot’ if, before it is supplied, it has been heated on the premises or elsewhere for the purpose of enabling it to be consumed at a temperature above the ambient air temperature and at the time of supply it is above that temperature; or after it is supplied, may be heated on the premises for the purpose of enabling it to be consumed at a temperature above the ambient air temperature.

8.41 In completing an operating schedule, applicants are expected to have regard to the statement of licensing policy for their area. They must also be aware of the expectations of the licensing authority and the responsible authorities as to the steps that are appropriate for the promotion of the licensing objectives, and to demonstrate knowledge of their local area when describing the steps they propose to take to promote the licensing objectives. Licensing authorities and responsible authorities are expected to publish information about what is meant by the promotion of the licensing objectives and to ensure that applicants can readily access advice about these matters. However, applicants are also expected to undertake their own enquiries about the area in which the premises are situated to inform the content of the application.

8.42 Applicants are, in particular, expected to obtain sufficient information to enable them to demonstrate, when setting out the steps they propose to take to promote the licensing objectives, that they understand:

• the layout of the local area and physical environment including crime and disorder hotspots, proximity to residential premises and proximity to areas where children may congregate;

• any risk posed to the local area by the applicants’ proposed licensable activities; and

• any local initiatives (for example, local crime reduction initiatives or voluntary schemes including local taxi-marshalling schemes, street pastors and other schemes) which may help to mitigate potential risks.

8.43 Applicants are expected to include positive proposals in their application on how they will manage any potential risks. Where specific policies apply in the area (for example, a cumulative impact assessment), applicants are also expected to demonstrate an understanding of how the policy impacts on their application; any measures they will take to mitigate the impact; and why they consider the application should be an exception to the policy.

8.44 It is expected that enquiries about the locality will assist applicants when determining the steps that are appropriate for the promotion of the licensing objectives. For example, premises with close proximity to residential premises should consider what effect this will have on their smoking, noise management and dispersal policies to ensure the promotion of the public nuisance objective. Applicants must consider all factors which may be relevant to the promotion of the licensing objectives, and where there are no known concerns, acknowledge this in their application.

8.45 The majority of information which applicants will require should be available in the licensing policy statement in the area. Other publicly available sources which may be of use to applicants include:

• the Crime Mapping website;

• Neighbourhood Statistics websites;

• websites or publications by local responsible authorities;

• websites or publications by local voluntary schemes and initiatives; and

• on-line mapping tools.

8.46 While applicants are not required to seek the views of responsible authorities before formally submitting their application, they may find them to be a useful source of expert advice on local issues that should be taken into consideration when making an application. Licensing authorities may wish to encourage co-operation between applicants, responsible authorities and, where relevant, local residents and businesses before applications are submitted in order to minimise the scope for disputes to arise.

8.47 Applicants are expected to provide licensing authorities with sufficient information in this section to determine the extent to which their proposed steps are appropriate to promote the licensing objectives in the local area. Applications must not be based on providing a set of standard conditions to promote the licensing objectives and applicants are expected to make it clear why the steps they are proposing are appropriate for the premises.

8.48 All parties are expected to work together in partnership to ensure that the licensing objectives are promoted collectively. Where there are no disputes, the steps that applicants propose to take to promote the licensing objectives, as set out in the operating schedule, will very often translate directly into conditions that will be attached to premises licences with the minimum of fuss.

8.49 For some premises, it is possible that no measures will be appropriate to promote one or more of the licensing objectives, for example, because they are adequately covered by other existing legislation. It is however important that all operating schedules should be precise and clear about the consideration given to the licensing objectives and any measures that are proposed to promote them.

9.12 Each responsible authority will be an expert in their respective field, and in some cases it is likely that a particular responsible authority will be the licensing authority’s main source of advice in relation to a particular licensing objective. For example, the police have a key role in managing the night-time economy and should have good working relationships with those operating in their local area. The police should usually therefore be the licensing authority’s main source of advice on matters relating to the promotion of the crime and disorder licensing objective. However, any responsible authority under the 2003 Act may make representations with regard to any of the licensing objectives if they have evidence to support such representations. Licensing authorities must therefore consider all relevant representations from responsible authorities carefully, even where the reason for a particular responsible authority’s interest or expertise in the promotion of a particular objective may not be immediately apparent. However, it remains incumbent on all responsible authorities to ensure that their representations can withstand the scrutiny to which they would be subject at a hearing.

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.

9.42 Licensing authorities are best placed to determine what actions are appropriate for the promotion of the licensing objectives in their areas. All licensing determinations should be considered on a case-by-case basis. They should take into account any representations or objections that have been received from responsible authorities or other persons, and representations made by the applicant or premises user as the case may be.

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.

10.4 The conditions that are appropriate for the promotion of the licensing objectives should emerge initially from the risk assessment carried out by a prospective licence or certificate holder, which they should carry out before making their application for a premises licence or club premises certificate. This would be translated into the steps recorded in the operating schedule or club operating schedule, which must also set out the proposed hours during which licensable activities will be conducted and any other hours during which the premises will be open to the public.

10.5 It is not acceptable for licensing authorities to simply replicate the wording from an applicant’s operating schedule. A condition should be interpreted in accordance with the applicant’s intention and be appropriate and proportionate for the promotion of the licensing objectives.

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 consider and 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 four licensing objectives. It reaffirms that the require a “prospective consideration of what is warranted in the public interest, having regard to the twin considerations or prevention and deterrence.”

R (on the application of Hope and Glory Public House ltd) v City of Westminster Magistrates’ Court and Others (2011) EWCA Civ 312. This case also states how licensing authorities should approach licensing decision making:

“They involve an evaluation of what is to be regarded as reasonably acceptable in a 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 judgement rather than a matter of pure fact.”

R (on application of Daniel Thwaites plc) v Wirral Magistrates’ Court and Others (2008) EWHC 838 (Admin) emphasises the important role that responsible authorities have in providing information to decision makers to contextualise the issue before them, as they are experts in their fields.

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 and proportionate to promote the four licensing objectives

5.2 In view of the above, the panel is requested to consider the application for the grant of 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

(d) refuse to specify a person in the licence as the premises supervisor, and/or

(e) refuse the application.

Financial Implications

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.

Background Papers

Appendix A – Application form and plan

Appendix B – Email from applicant agreeing the Licensing Authority conditions

Appendix C – Representation - Ayse Ergeneli

Appendix D – Representation – Daniel Crouch

Appendix E – Additional information provided by the applicant about the tournament

Appendix F – Location plan

Appendix A – Application form and plan (blank pages removed)

Appendix B – email from applicant confirming acceptance of conditions stated at paragraph 3.6 of this report

From: Mary Bagnall <barchair@oxfordrfc.com>
Sent: Tuesday, April 23, 2024 4:20 PM
To: Licensing Vale <Licensing.unit@whitehorsedc.gov.uk>
Subject: Re: LAPREM/24734/24 : new premises licence application - amendments required to the application

**EXTERNAL**

We accept the proposed conditions and will produce a structured management plan as soon as possible, and answer all other points raised.

Mary Bagnall

DPS

Oxford RFC Ltd

Sent from my iPhone

Appendix C – Representation received from Ayse Ergeneli

From: Ayse Ergeneli
Sent: Monday, April 22, 2024 10:56 PM
To: Licensing Vale <licensing.unit@whitehorsedc.gov.uk>
Cc: Yvonne Hutchinson
Subject: Objection to Event

**EXTERNAL**

I am writing to object to the proposed event taking place at the Oxford Rugby Club over the weekend of the 21-23rd June. I run a small livery yard adjacent to the Rugby Club and was forced to move 9 horses to fields elsewhere across the A34 last year as the noise and disruption of the event, including the set up and take down period meant we would struggle to access or manage the horses safely during that time.

Despite being well run and adequately marshalled, last year’s event proved that the decision to move the horses was well founded. The event was long and noisy. It would be impossible for us to ride out from the yard, up through the village, meaning we will be unable to go about our usual routine for several days. The field furthest from the stage has a right of way through it, and was full of people arriving for the festival so the horses could not even go there! We will need help and days off work to move them again this year so who is paying for that??

It astounds me that this can happen in a small residential place like North Hinksey. It is unbelievable that the Council do not stipulate that the organisers liaise with the stables each year to ensure the safety and welfare of the livestock that occupy the adjacent paddocks. How do you justify that we have to put our lives on hold for several days without any discussion? It is an absolute disgrace. All the money that is being made and paid to the Council, and not a thought given to those who have to move out of the way!

Live Tour Promotions compensated us last year so that we could move. This year of course, we cannot get hold of the only contact we have.

Regards,

Ayse Ergeneli

Appendix D – Representation received from Daniel Crouch

From: Daniel Crouch
Sent: Monday, April 22, 2024 5:56 PM
To: Licensing Vale <licensing.unit@whitehorsedc.gov.uk>
Subject: Objection to Oxford Rugby Club TEN application 21-23 June 2024

**EXTERNAL**

Dear Sir/Madam,

I write to object to the late premises licence application by Oxford Rugby Club for the weekend 21-23 June 2024. At same event last year there was excessive noise, extensive use of illegal drugs, underage drinking, and a blatant abuse of the licensing hours. We had loads of litter dropped in the street, I had my bicycle stolen, and there were cars speeding along the road into the early hours of the morning. The event has nothing whatsoever to do with the day-to-day running of the rugby club and is simply a for-profit late night club away from “normal” city centre police supervision. Please appreciate that I love the rugby club, and support many of their activities. We have no objection whatsoever to normal rugby club events and parties, and we are very tolerant of the occasional late night and greater than usual traffic and noise. The proposed event is completely outside these normal activities and utterly unacceptable.

Please let me know if you have any queries.

Thank you.

Yours sincerely,

Daniel Crouch
North Hinksey Village
Oxford
OX20NA

Appendix E – Additional information provided by the applicant about the tournament (3 pages)

Tournament Information

The Winckelmann Cup is an annual archaeological football tournament. The cup was founded in 1991 and it is named after German archaeologist, Johan Joachim Winckelmann (1717–1768). Winckelmann was a pioneer of modern archaeology and art history.

The tournament originated from an historic rivalry between the University of Cologne and the University of Bonn (A city twinned with Oxford). They met to compete on St Nicholas’ day over a number of years in the 1980s. In 1990 the first Cologne archaeological tournament was organised. Bonn and Cologne participated alongside various other institutions.

In 1991 the tournament was opened to other teams in Germany, Austria and Switzerland. Hosted by Medusa Hofgarten Bonn, it saw nine teams playing against each other on a dusty field, with makeshift pitches, barbecues and vast amounts of beer. Vienna Underground lifted the cup and were given the task of organising the next tournament, marking the Winckelmann Cup’s international debut.

The Winckelmann Cup is now the most famous sporting event for European archaeologists. Some teams have seen many successive generations of students taking part, including founding team Medusa Hofgarten Bonn. Each year, new teams participate from all over Europe, representing professional archaeological companies, and University departments from across Europe.

The cup is not just a football tournament; it is a chance for participants to discover the culture, the heritage and the traditions of the host city and country, and a European event for archaeologists to meet new and old friends. This year, for the 31st edition, the Oxford Bierbarians proudly welcome the Winckelmann Cup community across the Channel for the first ever overseas tournament.

The teams will gradually arrive over the course of two days and will be camping on site and for the duration of the tournament. With evening entertainment planned at the venue and many eager to catch up with their friends from past tournaments, this is planned as a self-contained event and we therefore anticipate minimal disruption for the local community.

Team Arrival and Transport

We’ve not had replies yet from all of the teams, but the vast majority are listed below.

Appendix F – Location Plan

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Key

Approximate location of premises

Approximate location of representation location (when known)

Licensing Acts Panel

Application for the grant of a premises licence for Oxford Rugby Football Club Ltd, North Hinksey Village, Oxford, OX2 0NA