Agenda item

To consider a report by the Interim Director for Communities, copy attached as item 3.

Before the Committee was a report by the Interim Director for Communities, a copy of which had been circulated to all members, a copy of which is attached to the signed copy of these minutes as item 3. The application before members had been the subject of formal representation by two responsible authorities and 25 members of the public and it therefore fells to this sub-committee to determine.

 

Report of the Licensing Officer

 

The Licensing Officer introduced the report to the Committee. Members were told that there had been successful mediation for the event between the applicant Sussex Police and Environmental Protection and told members that should the application be successful conditions agreed by the parties would be included on the licence. There were still outstanding representations that had been received by members of the public.

 

Questions from members for the Licensing Officer

 

A Member asked if the event was similar to other licences granted on the land. Members were told that it was but each licence should be judged on its own merits

 

Representation from Member of the Public

 

A Member of the public made a representation which is summarised as follows:

 

·         The resident objected to the application;

·         The event was different from other events held on the Steyne including the now radio event it was also for a longer period of time;

·         The event was over three days;

·         Noise from the event travelled in all directions;

·         There were events in Steyne Gardens throughout the summer;

·         Music from events went on until late in the Evenings;

·         Local residents were carrying the burden of the upset;

 

Members questions for those that made representations

 

A Member asked if the resident was aware of events held on the Steyne when the property was purchased. The resident told Members that they were only aware of some events. The daytime was not a problem but evening events such as October fest and Worthing pride caused upset with local residents. There had been no direct contact with residents about the event only green notices placed around the Steyne on trees. Where there was music the Local Authority should have reached out to local residents. Members were told by the Licensing Officer that the statutory advertisement of the event as set out in law had been met.

 

Representation of the Applicant

 

The applicant made a representation which is summarised as follows:

 

·         The applicant understood concerns and had sought to mediate;

·         The applicant had taken on board public representations and had altered times accordingly;

·         The capacity of the ground was the same as the previous location but the new location had better access for equipment;

·         The applicant had done everything they could to appease concerns;

·         Members’ attention was drawn to the noise management plan and how this would manage noise throughout the day.

 

Members’ questions for the Applicant

 

A Member asked if the applicant would be willing to reduce the terminal hour of the event by 30 minutes. The applicant told the sub-committee that the hours had been reduced already and did not believe that it was appropriate to reduce it further.

 

A Member asked how the event would bring business into the town. The applicant sited benefits to the town’s hospitality industry and the organisers were investing £150k into the event

 

Those who made representations questions for the applicant

 

The applicant was asked if the applicant would be willing to consider moving the event to another site to take the pressure off of local residents. The applicant the meeting that the location had been chosen due to logistics for the event.

 

Summing up of the applicant

 

The applicant summed up which is summarised as follows:

 

·         The applicant had a good track record with holding previous events;

·         The event was safe and credible;

·         Conditions were in place to promote licensing objectives;

·         At previous events there had been no complaints about noise or anti-social behaviour;

 

Summing up of those who made representations

 

The resident summed up as follows:

 

·         The resident asked the sub-committee to take into consideration representations that had been made at the meeting;

 

The committee adjourned to consider its decision. The meeting was told that the decision would be published within five working days.

 

In reaching its decision the Licensing Committee has given due regard to the following:

? The statutory licensing objectives

? Worthing Borough Council’s Statement of Licensing Policy

? Guidance under section 182 by the Home Secretary and Licensing Act 2003.

? The application, written/oral representations made at the hearing and in writing.

? The Committee also gave regard to human rights, equality legislation and the rules of natural justice.

 

In discharging its functions the Committee did so with a view to promoting the Licensing objectives, the relevant objectives here were the prevention of public nuisance and the prevention of crime and disorder.

 

 

 

Resolved:

 

The application is granted for the period applied for, namely 1 June 2022 to 30 September 2025.

 

Conditions will be applied to the licence as agreed pursuant to the mediated agreement between the applicants and the Responsible Authorities which made representations, namely Sussex Police and the Environmental Health Department of Worthing BC. The conditions are as set out in emails dated 15 March 2022 from the Environmental Health team officer, Michael Lavender and Sussex Police (at  appendix D of the reports pack, letter of 28 January 2022 following which agreement, their representations were withdrawn.

 

The licensable event applied for will be held over a two day period for each of the years applied for , as agreed by the applicants following representations from the public and the Responsible Authorities as in 2) above. The event will take place on a Friday and Saturday only.

 

The hours for the event will be as revised by the applicants following agreement through the mediation discussions as in 2) above, namely:

 

For the supply of alcohol:  Friday between 18.00 hours to 22.30 hours, Saturday 12.00 to 22.30 hours;

For regulated entertainment set out in the application: Friday between 1800 hours to 2300 hours and Saturday between 13.00 and 23.00;

The event will be open to the public between the hours of 1800 to 23-30? on Friday and 1200 to 23.30 on Saturday.

The event will take place for this year on Friday 8 July to Saturday 9 July.

 

 

Reasons for Decision

 

Background:

 

The sub- committee was advised by the presenting officer that following the changes in the duration and hours of the event agreed by the applicants, four representations from the public were withdrawn, leaving 21 representations, objecting to the application. The presenting officer advised not all the written representations related to the promotion of the licensing objectives and it was for the sub- commit- social behaviour, crime and disorder, public nuisance and late hours.

 

The sub-committee heard representations made by the applicants, the Director of Worthing Pride Ltd and a local resident.

 

Both parties in attendance agreed that they had been afforded sufficient time in which to make their representations to the sub- committee and to ask questions.

The sub- committee noted that the event had taken place in previous years at a nearby site, the Beach House, which the organisers had found to be too small a venue and had encountered operational difficulties with fixed furniture and car parking issues. The move to the application site it was told was on the grounds of space constraints.

 

The Council had granted permission to the applicant to use Steyne Gardens as part of the Worthing Pride festival and outside of the licensing regime, could withdraw that consent.

The representation of the resident was largely echoed in the objections of other local residents. It was noted that there were many other large events that were licensed in Steyne Gardens and that most finished by 11pm as a response to a question to the presenting officer, although not relevant to the determination of this application before members. However, members did take into account that the premises are a well- established venue for licensable events in a central location with a mix of trading premises, residential areas and hospitality/ accommodation.

 

Members considered evidence and applied local knowledge that the Worthing Pride event had brought financial benefits to the town, through bars, restaurants and hotels in particular. That benefit was a factor to be balanced with the needs of residents for their safety, health and wellbeing. As well as bringing vibrancy, there is a need for well- run premises.

 

The experience, desire to engage and to resolve any difficulties with the event on the part of the applicant directors as expressed in their evidence was taken into account. Some of the measures proposed went beyond what was required of them for the purposes of the promotion of the licensing objectives, such as effecting town centre patrols to effect dispersal of gatherings, but demonstrated a desire to engage with the local community.

 

Members considered legal advice that the two objections by the Responsible Authorities in terms of opening and terminal hours for the licensable activities had been withdrawn and therefore there was no evidence to suggest that a reduction of a further 30 minutes over the two days now proposed for the event would be reasonable. The hearing had already been adjourned from last month for further time to consider all the representations through mediation. Moreover the public objections centred around an event over a weekend giving a prolonged period of amplified music and many people attending and the fact that there were other events taking place over the year on the same premises. The advice included noting that the public and others have a right to request a review of a premises licence for this event, if the conditions suggested were breached at the event, or the event led to crime and disorder, or anti – social behaviour of unacceptable levels.

 

The sub -committee considered that the conditions proposed and agreed were proportionate and appropriate for the promotion of the licensing objectives in respect of this application.