Agenda item

The Sub-Committee gave consideration to a report presented by the Licensing Officer (previously circulated) in which determination was sought in respect of an application for a new Premises Licence for Hearn Field and Pavilion, Shaldon Road, Combeinteignhead, Newton Abbot, TQ12 4RR.

Representatives for the Applicant attended the meeting and were permitted to speak. The representatives answered questions put to them by the Sub-Committee.

Persons who had submitted representations also attended the meeting and were permitted to speak.

Arising from consideration of the report, evidence presented and in accordance with the relevant provisions of the Licensing Act 2003 Statutory Guidance, and the Council’s Licensing Policy, it was moved by Councillor Hayes and seconded by Councillor Peart, and

RESOLVED that the Application for a new Premises Licence in respect of Hearn Field and Pavilion, Shaldon Road, Combeinteignhead, Newton Abbot, TQ12 4RR be refused under Section 18(4)(d) of the Licensing Act 2003.

Reasons for the decision:

The Sub-Committee heard from representatives for the Objectors who explained that whilst they did not object to the Parish Council holding occasional events using Temporary Event Notices and could tolerate the noise and disruption during these times, the idea that events could significantly increase causing further disruption would be intolerable.

The Objectors’ main concerns were:

·         public nuisance from increased footfall and excess noise from the events being held.

·         concerns over the prevention of crime.

·         concern that the conditions included within the application were so vague, had no clear parameters or function and so in reality, would be unenforceable. Consequently, residents would have no recourse if issues were to occur.

·         that the public open space was actually a registered village green and would become inaccessible due to proposed ticketed events being held. The residents understood that the Parish Council needs to raise money to assist with the upkeep of its assets, this should not be at the detriment to those who have the right to use the field for everyday recreation.

·         that a full consultation relating to the premises licence application had not been held or properly articulated by the Parish Council to residents who lived next to the field and surrounding area.

·         that previous complaints to the Parish Council following problems caused by previous events had been ignored.

The residents did not believe that the Parish Council were experienced enough to uphold any of the four licensing objectives whilst holding regular large-scale events. The objectors felt that the Parish Council were simply applying for the licence to avoid the inconvenience of applying for regular Temporary Event Notices without fully considering the responsibilities that come with being a premises licence holder.

The Sub-Committee then heard from the Applicant’s representative who responded to the comments made and set out the following:

·         The need to maintain the field for residents and that this costs money. No provision of funds for maintenance of the field was given when the land was gifted to the community.

·         it was felt that an application for a premises licence would stop the need for repeat TENs applications and would also remove the limit of 499 people. It was then stated that keeping an eye on numbers was, and is, an onerous task and proves difficult when trying to run an event whilst allowing the general public access the village green.

·         This is a community focused application to serve the needs of the community and raise funds for the upkeep of the area.

·         The application has not primarily been submitted to allow for the sale of alcohol but by including alcohol the Parish Council have flexibility in the type of events they can hold.

·         There are no intentions to start running events in a commercial manner and positive feedback has been received from the events held previously.

·         Risk assessments and volunteer briefs were completed for events, and all necessary insurances were in place.

In response to questions the Parish Council explained:

·         Estimated they will only hold around 6-9 events per year along with 4 weddings. There are no plans to increase the number of events extensively.

·         All ideas come to the Hearn Field committee, and these are then put to the main Parish Council for approval during public meetings where the public can express any concerns.

·         The Parish Council do not have the capacity or intention to run a bar 7 days a week but would like the flexibility to do so. The Parish Council did not intend for the premises licence to apply to weddings.

·         The Parish Council representative acknowledged there were concerns over noise and confirmed that they had received advice from Environmental Health which they have taken onboard.

·         Noise will be minimised by ensuring speakers are faced away from the outside of the field and will have a member of the Parish Council making sure music is turned off at the appropriate time.

·         It was not accepted that complaints had been ignored but confirmed that there had been some previous issues with events. These have been learnt from and addressed going forward.

The Parish Council’s representative confirmed in response to a question from the Legal Adviser that the applicant was the Hearn Field Committee a separate properly constituted body. Therefore, the Licensee would not be the Parish Council but the Hearn Field Committee. This meant that the application form and the subsequent representations from the Parish Council were misleading to both the Licensing Sub-Committee and members of the public. The Hearn Field Committee would be bound by the licence but not the Parish Council. The Parish Council representative said the intent was to be the Parish Council and they do not feel this materially changes the application but accepted this could be misleading.

The Sub-Committee having considered the application submitted and having heard from those present and being mindful of Statutory Code of Guidance and Licensing policy, felt that on balance it could not approve this application as it appeared to be confused, ambiguous and lacking meaningful and therefore enforceable conditions, such that the licensing objectives would be at risk of not being upheld.

The Sub-Committee were also concerned over the ambiguity of the applicant and the possibility of competing or conflicting interests between the Parish Council and the Hearn Field Committee, along with the difficulties this could cause if it came to enforcing any licence granted. The Sub-Committee had concerns that the applicant did not fully understand the scope of the licence applied for and as a consequence, the applicant had not properly considered the licensing objectives and/or its obligations in respect thereof or, what impact the nature of the premises may have.

The Sub-Committee was not satisfied that the four Licensing Objectives would be upheld and therefore deemed it appropriate to refuse the premises licence.