Agenda, decisions and minutes

To elect a Chairman for the meeting of the Sub Committee.

Nominations for a Chairman of the Licensing Sub Committee were sought and it was

Resolved:

To elect Councillor Peter Hutton as Chairman for this meeting only.

To receive any apologies for absence and to note any substitutions.

There were no apologies.  Councillor Allison Bucknell had to leave the meeting just prior to 1.00pm (after the determination of the decision had been made) and Councillor Peter Evans was the substitute member in her place whilst the decision was then relayed to all parties.

The Chairman explained the procedure to be followed at the hearing, as contained within the “Wiltshire Licensing Committee Procedural Rules for the Hearing of Licensing Act 2003 Applications” (Pages 5 – 11 of the Agenda refers).

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

Councillor Peter Hutton declared that he is currently a Wiltshire Council representative who sits on the Dorset and Wiltshire Fire Authority but has had no prior involvement with any aspects of this review or any matters relating to this review so far as the Fire Authority are concerned.

To consider and determine an Application for a Review of a Premises Licence in respect of Trowbridge Festival, Stowford Manor Farm, Farleigh Road, Wingfield, Trowbridge, Wiltshire made by Wiltshire Council’s Licensing Authority.  The report of the Public Protection Officer – Licensing is attached.

Application by Wiltshire Council Licensing Authority for a Review of a Premises Licence in respect of Trowbridge Festival, Stowford Manor Farm, Farleigh Road, Wingfield, Trowbridge

Miss Teresa Bray (Public Protection Officer – Licensing) presented her report which outlined the licensing objectives and the options the Sub Committee could take to meet these objectives. The history of the premises licence and the current licence was described alongside the grounds for its review. Miss Bray advised that one relevant representation had been received from Jenny Thomson on behalf of Wiltshire Council Public Protection Food and Safety Team.

Key points raised by Mrs Linda Holland, Designated Officer for Wiltshire Council Licensing Authority (Review Applicant), were:

• It is Wiltshire Councils expectation and wish to have events and festivals taking place that offer what the patrons require in relation to their diversity and audience engagement, however this must always be within a safe environment as is reasonably practicable for organisers to deliver;

• The Licensing Authority feel and will demonstrate why they felt that the Trowbridge Festival fell short of their responsibilities to ensure public safety and appropriate compliance at the event held over 19 to 23 July 2018 (‘the 2018 Festival’).  Whilst there was an Event Management Plan (EMP) in place for this event, the festival management did not pay heed to this legal document and did not have a robust management structure in place;

• The Premises Licence granted on 1 July 2018 has minimal conditions (other than the required mandatory conditions).  The Public Safety condition (under Annex 2b) was not complied with as the event was not managed in compliance with the EMP and so this was a breach of the condition of the licence.  This led to significant concerns in relation to public safety and the ability of those on site to manage any occurrence/incident;

• During the site visits that were carried out by officers in 2018 it was evident that a substantive number of points within the EMP were not complied – it was not clear as to whether this was a disregard for their EMP, or ill prepared and overwhelmed organisers along with a catalogue of errors:

• The Licensing Authority were concerned to note that there were plans to proceed with a 2019 Trowbridge Festival (‘the 2019 Festival’) – notwithstanding the evident disagreement between the two directors of Trowbridge Festival Limited.  There had been no discussions prior to the Council’s submission of the review application, as to how the organisers planned to address the failings that arose with the 2018 Festival.;

• The Licensing Authority feels that a six-month lead in time for an event of this scale is not unreasonable and would suggest that it is necessary to ensure all the infrastructure and personnel requirements are agreed and in place for any event;

• The Licensing Authority took the view that it was by luck rather than judgement, that no serious incidents took place at the event last year;

• The transfer of the Premises Licence to NR Events Ltd does not alleviate  ...  view the full minutes text for item 6.