To consider two Objection Notices to a Temporary Event Notices (TEN) served by Samuel Taylor for an event called Multiverse.
Minutes:
The Licensing Team Leader introduced the report concerning 2
objections to a Temporary Event Notice (TEN) for an event at Pilford Farm near Wimborne called the Multiverse Festival.
The objection notices had been sent by Environmental Health and Dorset Police.
The TEN applied for was to permit the sale of alcohol,
regulated entertainment and late-night refreshment during the following times:
Fri 03 September 2021; 12:00 – 05:00
Sat 04 September 2021;12:00 – 05:00
Sun 05 September 2021;12:00 – 03:00
She confirmed that the applicant had not responded to
e-mails sent by the Licensing Team and that they had not been notified that the
event had been cancelled as suggested on the event Facebook page.
The Environmental Health Officer stated that the TEN
described a 4 day family camping event which was not compatible with the event
timescales and the very long periods of time to play music represented a
significant music festival. He advised
that noise complaints had been received in relation to previous music festivals
that had also been described as family events.
He had informed the applicant that the format was
unacceptable and would cause noise nuisance.
However, the response from the applicant had not provided a noise
management plan and only outlined the use of hay bale walls which had been
lifted directly from another website.
A map included in a supplement to the agenda, showed
hundreds of properties within the surrounding area and it was his view that the
chances of the event causing a nuisance was significant given the proposed
timings.
There were no questions of the Licensing Team Leader or
Environmental Health Officer.
Sergeant Gareth Gosling stated that the proposed timeframes
were not conducive to a family event and would create crime and disorder if not
properly managed. There had been no
additional assurance from the applicant in relation to the security and welfare
of attendees, traffic management or mitigating any negative aspects arising
from the event. There had also been no engagement with the Safety Awareness
Group (SAG) or Dorset Police and the applicant was not present at the hearing
to provide any assurance. He therefore asked that the event was not given
permission to proceed on that basis.
The Chairman asked whether it was usual for a TEN to be
submitted without evidence such as a Traffic Management Plan and was advised
that, although this was not unusual, there was an expectation that the
applicant would engage with the SAG and officers to ensure a safe event. There was plenty of information on the
website to outline what was required.
The Sub-Committee noted that no detail had been provided in
the TEN or on the Facebook page with regard to family activities, and that the
original advertisement was for 500 tickets, which superseded the maximum
required of 499 people including staff and performers.
Sergeant Gosling stated that even the most experienced
operators were grateful for the input of responsible authorities and to learn
lessons and improve safety year on year.
The Sub-Committee retired to make its decision.
Decision: That a Counter Notice be issued.
Reason for Decision
The
Sub-Committee carefully considered all of the documents presented to it, and
the oral statements made by the parties attending the hearing. They had
regard to the four Licensing Objectives, the Section 182 Statutory Guidance and
the Dorset Council Statement of Licensing Policy 2021-2026.
The Applicant
did not attend the hearing.
The Sub-Committee
heard from the Environmental Health Officer, who stated that an objection
notice had been submitted because he considered that the event would be likely
to cause a public nuisance, in relation to noise. The Environmental Health
Officer said that the timings of the event were of concern, given that the
event would be of significant duration, over consecutive days and would operate
until 05:00 on two days and 03:00 on the final day. He stated that there were
numerous residential dwellings close by, but Mr Taylor had not submitted a
noise management plan to address the potential for issues relating to
noise. The Environmental Health Officer
explained that although the TEN had described the event as being a ‘family
camping event,’ it appeared to be more like a music festival with two stages
and music until the early hours of the morning.
He believed that due to the duration of the event, its timings and the
proximity of neighbours, it was likely that noise would be an issue and as no
formal noise management plan was in place to demonstrate how those issues would
be dealt with, it was his view that the licensing objective of the prevention
of public nuisance would be undermined if the event went ahead.
The
Sub-Committee heard from representatives from the Police who stated that they
had served an objection notice because the timings of the event, with finishing
times of 05:00 and 03:00, over consecutive days, had raised concerns. In
particular there was no formal plan submitted to show how the organiser of the
event would ensure that it was a safe event for those attending, and how the
potential for crime and disorder would be addressed. It was not uncommon for
discussions to take place between the Police and person applying for a TEN of
this nature, but in this case, there had been no engagement from the notice
giver. The Officers asked the
Sub-Committee to reject the application on the grounds that to permit the event
would undermine the licensing objective of the prevention of crime and disorder.
The
Sub-Committee determined that it was appropriate for the promotion of the
Licensing Objectives, in particular the prevention of public nuisance and the
prevention of crime and disorder, that a Counter Notice should be issued. The Sub-Committee were concerned about the
potential for noise nuisance for those people living close to the venue,
especially as the event was to take place over three consecutive days and run
to the early hours of the morning (05:00 and 03:00). The Sub-Committee
considered that to allow the event to go ahead without a noise management plan
to address the potential noise issues and a proper plan to set out how issues
relating to crime and disorder would be dealt with, would undermine the
licensing objectives of the prevention of public nuisance and the prevention of
crime and disorder.
The decision would be sent to all parties within 5 working
days and all parties had the right to appeal the decision to the magistrates’
court within 21 days.
Supporting documents: