Agenda item

The Sub Committee considered an application for the grant of a time limited premises licence to permit the provision of regulated entertainment and the supply of alcohol for consumption on and off the premises at The Ham Recreation Ground, Sidmouth as part of Sidmouth Folk Week.

The applicant, present and entitled to make representations was Mr John Braithwaite for Sidmouth Folk Week Productions Ltd.

A local resident, Mr Pemberton, had made representations but had not given notice that he wished to attend the hearing.  The Licensing Officer, Lesley Barber, shared with the applicant and the Sub Committee an email from Mr Pemberton which had come to her attention immediately before the hearing and to which there had not been time to respond, concerning his attendance.

The Licensing Authority had not received any representations from responsible authorities regarding this application.

The Licensing Officer summarised the application and stated that Mr Pemberton’s representation was accepted because it referenced public nuisance.  The licensable activities are to cease at 11pm and the closing time will also be 11pm; she highlighted this because it was the basis of Mr Pemberton’s representation but was not the reason why the representation was accepted, and the finish times are the same as for previous years. 

The Sub Committee had no questions for the Licensing Officer.

The applicant had no questions for the Licensing Officer.

The applicant made the case for the application and highlighted the following points:

·        The festival has been running for 68 years, with a professional team in place.

·        The organisers have appropriate facilities for the general public to feed back to them before and during the event.

·        There were no complaints of nuisance or noise during the event last year.

·        No evidence has been provided in respect of the representation on the grounds of public nuisance, so presumably no evidence exists.

·        One resident has indicated that he is much happier during folk week than during normal weekends, because of the security in place and people are not able to make a lot of noise, keeping residents awake on The Ham.

·        The applicant is concerned that Mr Pemberton appears to be taking an intimidatory stance; he outlined an exchange which he understands took place in the street between Mr Pemberton and a resident who supports the festival, which the applicant stated indicates more malice from Mr Pemberton than is appropriate for an issue of this nature.

In response to a question from a member of the Sub Committee, the legal advisor highlighted that there had been no concerns raised by statutory officers.  He added that decisions had to be made on evidence and in this instance there is none; Mr Pemberton’s points are speculative, with no evidence of any public nuisance having occurred.

The applicant made a final statement which included the following points:

·        The whole basis of the representation is that the event organisers are seeking to extend the times for licensable activities, when this is not the case; the same conditions for entertainment and alcohol have been in place for the last 8 years. 

·        Some pubs have licences going on to 1pm; the festival’s programmes are generally timed to finish at 10.30pm but some leeway is needed up to 11pm.

·        The organisers will reviewing all policies with Police Licensing during the next 12 months, to ensure they are in tune with them.

The officers and the applicant left the meeting room.  The Sub-Committee members remained in the room to make their decision.

The officers and the applicant returned to the meeting room.

The Sub-Committee was minded to grant the application.  The event is appreciated, professionally run, and good for the local economy.