Agenda item

Report of the Corporate Director (Public Protection, Planning and Governance) considering an application for a new premises licence for The Field, Ordinance Survey Grid Map Reference TL292019, North Road West, Northaw.

Introduction and Procedure

 

The purpose of the meeting was to consider an application for a new premises licence for The Field, Ordinance Survey Grid Map Reference TL292019, North Road West, Northaw.   The premises was a field locally known as Park Farm which is located adjacent to Northaw Road West Northaw and borders Colesdale Farm which also had a Premises licence for music festivals and other events.

 

Documentary Evidence

 

A copy of the Licensing Officer’s report, the premises licence application (including site plan and proposed conditions) along with written representations from relevant authorities, the Parish council, residents association, ward Councillors and local residents  had previously been circulated.

 

Report of the Licensing Officer

 

The Licensing Officer presented their report on an application which had been received from the Applicant under the Licensing Act 2003 for holding music festivals.  The Licence Hearing was as a result of the Licensing Authority receiving 124 formal written relevant representations against the proposed application within the 28 day consultation period.

 

The representations were made up as follows:

 

•Representations from Hertfordshire Constabulary, Environmental Health and Fire Authorities

•A representation from Northaw and Cuffley Parish Council

•Representations from 3 Borough Councillors representing residents

•A representation from the Northaw and Cuffley Residents Association

•112 representations from residents who live in Northaw and Cuffley,

•2 representations from persons who live in neighbouring areas

•2 representations are from persons who live outside of the County.

 

The representations against had been submitted under the Licensing Act 2003 on the statutory grounds of:  

a)  Prevention of public nuisance,

b)  Prevention of Crime and Disorder,

c)  Public Safety and

d)  Protection of children from harm.

 

The premises licence application was received by Welwyn Hatfield Borough Council Licensing Department on the 27 of July 2021.

 

The application details were as follows:

 

Premises licence application to hold up to 18 events a year, of which a maximum of 12 days would be music events operated on Saturday and Sunday only from 09:00-22:00 between April to November and an additional event on New Years Eve. The application also seeks permission for events involving the Playing of recorded music, performance of music, films, plays, performance of dance and anything similar and the sale of alcohol with proposed conditions. The Proposed opening hours of the premises to the public on event days are Saturday - Sunday 09:00 - 23:00.

 

Most of the representations had been submitted against the application on the grounds that the application undermines the licensing objectives of Preventing Public Nuisance, Preventing Crime and Disorder, Public Safety and the Protection of children from harm. These representations had been judged as relevant and had therefore been brought to the Licensing Sub Committee to be determined.

 

A high percentage of the representations received relate to the licensing objectives Prevention of Public Nuisance, Maintenance of Public Safety and Preventing Crime and Disorder. 

 

Representations expressed concerns that the proposed high volumes of people attending events at the premises are likely to cause issues such as litter, noise disturbance, traffic issues which could lead to public safety risks and Anti-Social Behaviour. Representations also related to the prevention of crime and disorder namely potential drug use and drunken behaviour. A smaller percentage of representations were made on the grounds of protecting children from harm, namely the risks of access to alcohol or drugs.

 

Some representations referred to public nuisance, crime and disorder and traffic related public safety issues and concerns that had been experienced because of similar types of events as being proposed by the licence application that had been held at the neighbouring premises of Colesdale Farm. Representors had expressed concerns that the application was proposing similar events and that two neighbouring premises holding similar events simultaneously would likely cause significant risk not only to customers attending events but also to residents.

 

Applicant/ Agent/ Representative/ Witnesses

 

The Applicant (James Hoffelner) was primarily represented by Marcus Lavell of Complete Licensing.

 

Mr Hoffelner also had several witnesses, a list of which is provided below:

 

Richard Bunch - Complete Licensing

Richard Vivian - Big Sky Acoustics

Scott Yeoman - Lawmans Security

Simon Tucker - DTA Transport

Richard McCulloch - DTA Transport

Tony Nash - My Local Bobby Ltd

 

The following points were made and noted:

 

•   The Northaw and Cuffley Parish Council were consulted and were shown the site.

•   Transport Consultants and Crime and Disorder Consultants were engaged prior to the application being made.

•   It was confirmed that the application was for a framework license which would enable a number of festivals and events a year, operating between 9am to 11pm.

•   There would be a wide variety of events being held at the site and not just music festivals. Each festival or event would vary in size and numbers.

•   It was confirmed that the application was for a framework licence which would enable the licensee to accommodate 4999 people during festivals.

•   Each event would be assessed as a standalone event to ensure the right management and facilities would be in place for that type and size of event.

•   The applicant advised that they had considered how members of the public would be able to travel to and from the site safely.

•   The applicant advised that the noise level around the field could be controlled, confirming that it was propose that Big Sky Acoustics would manage the level of noise during the festival.

•   A crime and disorder policy document had been prepared in support of the application and would be adapted to match any conditions placed on a licence.

•   The applicant indicated a zero policy on drugs at the festival staff would also be trained to handle drunk customers.

•   The applicant stressed their desire not to impact the local authorities and eagerness to liaise with the emergency services and police.

•   In response to questions from Members the applicant stated that they would not seek to hold a full capacity festival on the same day as the neighbouring site, suggesting that the Safety Advisory Group could act as a decision point to avoid clashes.  The applicant also advised that they would put in place appropriate traffic control measures in the event of two events being held in the neighbouring sites.

•   In response to a Member question on community engagement.  The applicant confirmed that they had engaged with the Parish Council as well as the Council’s Licensing Officers.

•   Members asked about the consideration given to pedestrians and those travelling to the event from the train station. The applicant’s witness suggested that speeds would be managed at 30mph. There would also be controls on waiting and parking during and after the festival and this would be internalised within the festival. There was also a suggestion that the event organisers could use shuttlebuses to take people to and from the train station and parking marshalls deployed in the car parks.

 

Representation from Hertfordshire Constabulary, Environmental Health and the Fire Authority

 

The following Relevant Authorities provided representations:

 

Sgt Christopher Adshead: Hertfordshire Constabulary;

Liz Jakeman and Terry Vincent: Environmental Health, Welwyn Hatfield Borough Council

Bryan Welsh: Hertfordshire Fire and Rescue Service

 

The following points were made and noted:

 

•   Hertfordshire Constabulary had concerns about the impact the license would have on the local community.

•   Hertfordshire Constabulary also expressed concern about the ability of the licensee to put in place an effective traffic management plan for the site given the village location. In particular a potential lack of drop off and pick up point could have a significant impact on local residents and attendees.

•   Concerns were also expressed about an increase in drug use and crime should any event take place.

•   Environmental Health expressed concern that there would be a substantial increase in noise nuisance, shouting, and music levels during festivals, and a lack of detail in the application as to how this would be mitigated against specifically. 

•   The Fire and Rescue Service concluded that the site was not suitable as it did not have a dedicated blue light emergency access to it, and the current terrain and grass was unsuitable for their vehicles.

•   Furthermore it was unclear whether the Fire and Rescue appliance could reach across the whole site.

 

Representations from residents and their representatives

 

The following additional points were made by local resident representatives and noted by the committee:

 

•   The community had a real fear of the significant negative impact the granting of such a license would have on their community. Unfortunately the application contained insufficient detail to provide reassurance that past experiences would not be repeated.

•   There was no mention of Child Protection or an officer who would be in attendance during the festivals. There may be a risk of under aged Children accessing the festival which was not suitable for them.

•   The area had been shown not to be suitable for such events, with significant impacts on residents, in terms of traffic issues, antisocial behaviour and noise issues.

•   Concerns were expressed about the potential drug and alcohol use at any event which would create an unsafe environment for local residents.  Concerns were also expressed on the behaviour of attendees to such event given the experiences residents had already witnessed from similar events. It was noted that the application failed to provide sufficient detail about how this would be dealt with.

•   It was noted that the Transport Strategy did not mention the licensing objectives and was viewed as being inadequate and not specifically designed for the site in question.

 

Comments from the Applicant and their Witnesses

 

The Applicant’s Witnesses confirmed that they had looked at Colesdale Farm and looked at the railway connection and transport network in the area.

 

Access to the site has been looked at and will be kept in good condition. They will make sure access for emergency services would be facilitated.

 

The applicant advised that noise levels could and would be controlled and in particular they would control the bass so that the residents would not be affected as they are with other licensees.  The applicant also sought to provide assurance about the security on the site and the ability to ensure underage children were not put at risk.

 

Furthermore the applicant emphasised the professionalism in the team that would be put in place to manage any event, and a commitment that staff would be sufficiently trained and deployed to minimise disruption and disturbances to the village.

 

Determination

 

The licensing sub-committee has unanimously decided to reject the Applicant’s application for a premises licence in its entirety.

 

A premises licence application was sought by the Applicant Mr James Hoffelner to hold up to 18 events a year at the Premises, of which a maximum of 12 days would be music events operated on Saturday and Sunday only from 09.00- 22.00 between April and November with an additional event on New Year’s Eve. The proposed opening hours to the public would be 09.00-23.00. Permission was sought for events including the playing of recorded music, the performance of films, plays, the performance of dance and for the sale of alcohol with proposed conditions. The Applicant was represented by his representative Mr Marcus Lavell.

 

124 formal written relevant representations objecting to the application were received by the licensing authority. A high proportion of these related to the licensing objectives of prevention of public nuisance, maintenance of public safety, and preventing crime and disorder. A smaller proportion related to the objective of protecting children from harm.

 

Nicol Tupling, licensing officer, read her report to the sub-committee, prepared following receipt of the application for a premises licence and the relevant written representations received in response to it.

 

Members of the Sub-Committee chaired by Councillor Paul Smith, considered carefully the written and oral evidence and representations made by representatives for the Applicant supporting the application, by the relevant authorities and by those making representations objecting to the application. The relevant authorities attending were the Environmental Health department, Hertfordshire Police, Hertfordshire Fire and Rescue,

 

Having heard the representations the sub-committee retired to consider the same and reach a decision.

 

The sub-committee considered the application before it in the light of the statutory licensing objectives and the Council’s Licensing Policy.

 

In reaching a decision the committee noted the following facts as being of particular relevance:

 

Many representations were heard in relation to the issue of public safety. In particular reference was made to access to and from the Premises and traffic management. It was noted that Hertfordshire Fire and Rescue did not consider that the plans submitted by the applicant provided for a dedicated blue light emergency access route. Mr Walsh, representing Hertfordshire Fire and Rescue, expressed the view that the access arrangements of 1 in and 1 out were insufficient for emergency access and that the terrain on wet weekends would not be suitable for heavy fire engines. The sub-committee also heard from Mr Adshead of Hertfordshire Police to the effect that the traffic plan was based on the status quo and did not allow amongst other things for hours of darkness, separation of cars and pedestrians and the possibility of other events taking place on the same weekend. The sub-committee noted that there are limited footpaths on the B156 along which festival traffic would travel. The sub-committee noted the representations made by the Applicant’s representative and by Mr McCulloch addressing these concerns. It was noted that this was an umbrella application and that the existing traffic management plan was adaptable to suit different event requirements.

 

Having considered the views of all who made representations relating to traffic management, the sub-committee were of the view that this aspect of the application did not meet the licensing objective of public safety and the prevention of public nuisance. In view of the narrowness of the B156, the lack of pavements, the particular access and exit points to this Premises and the anticipated volume of traffic at peak times, the sub-committee were of the view that safety problems could not be overcome by any conditions they could impose and the public nuisance caused by traffic congestion on a regular basis was also one that could not be overcome by the imposition of conditions.

 

The sub-committee noted that the Applicant’s representative stated that the Safety Advisory Team (“SAT”) could withhold permission for an event if they were not happy with the amended traffic management or other plans submitted in advance of an event. The sub-committee further noted the comments of Terry Vincent of the Safety Advisory Team however that those representations were inaccurate and that, once a licence is in place, the SAT can only advise and consult on safety. They do not have any power to stop an event from going ahead.

 

Many representations were heard in relation to the prevention of public nuisance, not only in relation to traffic management but in relation to noise nuisance. It was noted that the Applicant had employed an experienced noise management company, Big Sky Acoustics, to prepare a sound control strategy to support this aspect of their application and to address the concerns raised by Environmental Health and residents in particular. It was noted that Big Sky Acoustics proposed several measures to control sound levels and that they had significant experience in this field. Their willingness to work with other parties on noise reduction and to ‘pull the plug’ if necessary was noted. The representations made by a number of residents were also listened to. There was a great deal of concern about noise levels disturbing the quiet enjoyment of their properties by local residents. The representations made by Terry Vincent of Environmental Health were also considered. In his opinion there were no measures or conditions which could fully counter the noise nuisance concerns raise. The shape of the valley meant that sound travelled down it and even if noise conditions were imposed and met the festival noise would have a ‘material impact on the use and enjoyment of properties in this location.’

 

Significant representations were also heard in relation to the issue of prevention of crime and disorder. Many representations were made in relation to this issue from residents, the parish Council, local Councillors, the police and Environmental Health. It was noted that the Applicant had submitted a Crime and Disorder plan and that the consultant Richard Bunch expanded on this on behalf of the Applicant at the hearing. It was noted that proposed provisions within the plan included use of a large well-trained security team in high visibility jackets who would be on site to check age ID, check for weapons, manage drunk attendees, eject/call the police for drug dealing/use. It was also noted they would supply a marked car to patrol the local area with staff trained to manage any antisocial behaviour which they observed, if linked to the event. The sub-committee also noted the Police concerns regarding the likelihood of increased drug dealing in the area around events and the problems posed where two events could potentially occur on the same night due to the existing licence for Colesdale Farm which is adjacent to the Premises. The sub-committee felt that, notwithstanding the measures proposed for inside the venue, it would not be realistic to expect that the security team would successfully impact on the crime and disorder that may occur in the locality as a result of events held and that this burden would fall to the local police to deal with and local residents would be negatively impacted. They did not feel that any conditions which could be imposed would assist with the problems arising in the surrounding area.

 

Some representations were heard with regard to the protection of children from harm licensing objective. The committee noted that ‘Challenge 25’ would be in force at the venue to prevent under-age drinking. Some residents expressed concerns about drug related risk to children. The sub-committee did not feel on balance that there was such a risk to children that it should impact negatively on the Applicant’s application.

 

Finally the sub-committee noted that the Licensing legislation supports a number of key aims one of which is to encourage greater community involvement in licensing decisions. The application before the committee had attracted a great deal of opposition from the local community who made clear their relevant concerns. The application was not one which appeared to bring significant benefits to the local community but it did raise many concerns. It was the view of the licensing sub-committee that these concerns were well-founded and that the concerns were not ones which could be sufficiently mitigated by conditions in a way which would enable it to grant a license in view of the overwhelming opposition from relevant authorities and local residents. The application is therefore refused.

 

Due regard was given to the Licensing Act 2003 and the Guidance to it.