Agenda item

PREMISES:   Cattows Farm, Normanton Lane, Heather, Coalville, Leicestershire

APPLICANT:Mr James Ludlam

To determine an application for a variation of a premises licence in respect of the above.

Representations have been received from 10 interested parties.  A Notice of Hearing inviting them to attend has been sent to each of them.  If they fail to attend, the hearing can be held in their absence or adjourned.

The following documents are attached: -

a)    Report of the Licensing Enforcement Officer

At the beginning of the Hearing, the authority shall explain to the parties the procedure it is proposed to follow. The Hearing shall take the form of a discussion led by the authority and cross-examination shall not be permitted unless it is required to consider the representations.

The Chairman introduced the parties and outlined the procedure to be followed.

The Hearing Regulations 2005 stated that the Authority must allow parties an equal period of time in which to present their evidence.  It was agreed that the maximum time limit for each presentation be ten minutes.

The Licensing Enforcement Officer presented the report to Members, highlighting background information and representations received.

At the request of Councillor N Smith, the Licensing Enforcement Officer clarified that there had been no response at all received from any of the responsible authorities.

In response to a question from Mr P Bailey, interested party, the Licensing Enforcement Officer confirmed that the responsible authorities were individually informed of the receipt of the application in accordance with the application process.  The Licensing Team Leader added that the responsible authorities were also contacted weekly by the Licensing Team with regards to new applications and therefore in his opinion, there was no doubt that they were aware of the application.

Mr J Ludlam, applicant, addressed the Sub Committee.  He informed Members that events had been held on the site since 2010, all of which had been safe and compliant thanks to the close working relationship had with all responsible authorities throughout the year.  This included the successful Ashby Show which attracted higher numbers and did not utilise the existing premises licence as the sale of alcohol was operated under temporary event notices.It was for this reason that he believed an increase in capacity was acceptable.  He concluded that currently there was only one event during the summer which the event organisers believed would be suitable for an increase in capacity.

In response to a question from Councillor N Smith, the applicant stated that the only event currently intended for the increase in capacity was the 80’s/90’s event held on the first weekend in August.  The initial discussions on the capacity for the event was approximately 7,500, hence the application being considered by Members.

In response to a question from Councillor T Eynon, the applicant confirmed that the licence currently permitted 20 large scale events per year but due to the required maintenance of the land, only one large scale event was held each summer.  Councillor T Eynon asked if it was likely for the number of smaller events to increase in the future.  Mr J Ludlam responded that it was difficult to forecast too far ahead as each year could bring different opportunities.

In response to a question regarding traffic plans from Councillor G Hoult, the applicant introduced Mr B Goodwin who was part of the traffic management team to address the concerns.  He explained that assessments indicated that there was not a peak arrival time on the Friday as traffic arrived over a number of hours.  He also explained that during the Ashby Show, additional lanes were provided on site to ease the traffic flow on the highway which was very successful.  Councillor G Hoult commented that she had sat in Ashby Show traffic a number of years ago and was therefore concerned that provisions were not adequate.  Mr B Goodwin reported that the provisions now in place were only introduced the previous year and had made a significant improvement to the traffic flow on the highway.

In response to a question from Councillor N Smith, Mr B Goodwin explained that with the applicant’s approval, additional entrance lanes could be provided.  The exact number of lanes would be included within the traffic management plan which was considered by the responsible authorities as part of a consultation prior to the event.  The plan usually stated the maximum number of lanes which could be changed throughout the event to cover both peak and quieter periods.

In response to a further question from Councillor N Smith regarding traffic management and the involvement of parish council’s, the applicant responded that local resident forums were held regularly throughout the year and were attended by residents of all neighbouring villages and representatives from Parish Council’s.  He explained that the forum meetings were very constructive and ensured transparency for local residents regarding all events held at the farm, giving the opportunity to express and resolve concerns.  He added that a meeting had been held the previous week which had been poorly attended, he believed that was because there was no real concerns.  Councillor N Smith asked if a bus from Coalville or Ashby had ever been considered.  The applicant responded that a bus service had been provided for previous events but the uptake was very poor, also a large number of people came to the event from across the country and a local bus service would not be suitable.

In relation to residents’ concerns regarding people walking on dangerous parts of the highway due to a lack of pavements, Councillor T Eynon asked if there were any improvements that could be made.  Mr B Goodwin reported that there was a wide range of signage that diverted cars along particular routes to try to spread the load of traffic so that the impact was not all on the same highway.  There was also a traffic order in place which restricted cars from parking on the highway to assist with traffic flow and to avoid dropping off of collecting people from the events.

In relation to residents’ concerns regarding mud on the highways, Councillor T Eynon asked how it would be addressed.  The applicant had no recollection of the issue during the large summer events, he was aware of this occurring following the firework event and a road sweep was organised to clean the mud from the surrounding highways.

The Licensing Enforcement Officer reported that event plans had to be submitted 28 days prior to an event and Members could consider adding conditions regarding the plans if they felt it was necessary.

In response to a question from Councillor T Eynon regarding noise concerns, the applicant commented that there was sound limits included in the licence and introduced Mr S Leeland who carried out the sound management at events.  Mr S Leeland assured Members that the increase in capacity would not mean an increase in sound.  He added that the current limits were in line with national guidance and was actually under the limit on the licence.  He concluded that there was sometimes an issue with wind as it effects the sound but it was always in hand as levels were constantly monitored during an event.

Mr P Bailey, interested party, addressed the Sub Committee.  He explained that the road from Normanton le Heath into Heather was heavily used and the amount of traffic was quickly increasing.  Also it was dangerous as many people walked along the highways during an event and it was very narrow with no lighting, no footpaths and blind spots.  He believed it would eventually result in a fatality.  He added that parked vehicles on the highway to collect people from events in the evening was causing congestion, this included taxies.  His final concern related to the noise from events during summer months as it could be heard from local residents’ gardens, especially during higher winds.

Councillor N Smith commented that there should be a designated pick up/drop off area on the event site which would address some of the concerns.  Mr B Goodwin explained that this had already been done in previous years and was on the traffic management plan.  He added that clearer wording could be put on the road signage to try to deter vehicles from parking on the highway.

Councillor N Smith asked if it was feasible to provide a bus service into Heather to deter people from walking along the highway.  The applicant felt it was not feasible and explained that there were alternative footpaths from the area to access Heather without walking along the highway.

Councillor T Eynon believed that a solution could be found to keep people off the highway and asked if the applicant would discuss this further with his traffic management team.  The applicant reported that the issue had been discussed at previous resident forums and the steps taken to attempt to stop people leaving the site had been recorded.  Councillor T Eynon asked for this information to be included as part of the event plans as it would be good to see that the matter had been discussed.  Mr B Goodwin added that the matter had also been discussed with the responsible authorities and steps including policing the speed of the traffic outside the site and signage to make the footpaths more obvious could be considered for inclusion in the plans.

Both the applicant and the interested party gave a brief closing statement reiterating points made earlier in the meeting.

At 7.30pm the Sub Committee adjourned to consider its decision.  The Sub Committee reconvened at 8.05pm.

RESOLVED THAT:

The application be granted subject to the following amended conditions:

Annex 2, Point 13 of the current licence condition be amended to read, “The Licensee shall prepare and submit to the Responsible authorities an event management plan for any outdoor entertainment licensable event. A draft event management plan shall be submitted to the Licensing Authority at least two months prior to an event with between 1,000 to 10,000 people in attendance per day. The plan shall include details of all the following points and, the organisers shall indicate the measures that will be in place to ensure that Public Nuisance, Public Safety and Public Health are protected throughout such events:”

Annex 2, Point 15 of the current licence condition be amended to read “The licence holder shall maintain a log of all incidents occurring during any event where between 1,000 and 10,000 people are likely to be in attendance (including build and break) in a format agreed by the Licensing Authority and submit a copy to the Licensing Authority within 10 days of the event”.

Annex 3, Point 1 of the current licence condition be amended to read “The premises are permitted to hold 20 large scale events per year with a maximum occupancy of 5000 persons attending. Of those 20 events, 2 events per year are permitted with a maximum occupancy of 10,000 persons attending.”

Condition, as well as the conditions already attached to the licence, the sub-committee felt it appropriate to add the following condition:-

1. The Premises Licence Holder will, where it is reasonably anticipated that more than 5,000 people will attend an event, provide the Responsible Authorities and County Highways with a detailed analysis and breakdown of the Traffic Management Plan for the event which will be agreed upon no later than 28days prior to the event.

The Traffic Management Plan shall include provisions for designated pick up/drop off points for the event, the points should be well lit and signposted.

The Traffic Management Plan shall address pedestrian access to/from the event and consider any alternatives to pedestrians using the highway.