Glass
Butter Beach Festival
To consider
the above application
Minutes:
The panel and the officers
were introduced to everyone present. It was announced that everybody had up to
10 minutes to share their observations on the application.
On behalf of
the premises: Mr Mark Durston (applicant)
Local Members: Councillor Angela Russell
(Llanbedrog) and R. H. Wyn Williams – Abersoch.
Others
in attendance: Inspector Dewi Owen (North Wales Police), Ian
Williams (Licensing Officer - North Wales Police), Euron Thomas (Senior
Environmental Health Officer)
The report and recommendation of the Licensing
Section.
a) A
report was submitted to the Licensing Manager detailing the application to vary
the premises licence for Glass Butter Beach, Carreg y Defaid, Llanbedrog in
relation to the sale of alcohol, recorded music, live music, dance performance,
showing of films and plays, any other entertainment and the supply of late
night refreshment. It was noted that the Licensing Authority was satisfied that
the application had been presented in accordance with the Licensing Act 2003
and the relevant regulations.
It was
highlighted that an existing licence for the event at the present location had
been in place since 2014, and attention was drawn to the details of the
proposed hours along with the event hours on the existing licence.
Some
background information to the Festival was presented and the main reasons for
submitting the application anew were highlighted.
·
The intention is to expand the Festival
to receive an audience of up to 9,999
·
extend the weekend to include managed entertainment
and other licensed activities
·
begin the licensed activities earlier
on the Thursday afternoon, supplying alcohol one hour later on the Thursday
evening (until 00:30), but bring other licensed activities (with the exception
of the provision of late night refreshments) to an end at midnight, as in the
current licence.
·
supply alcohol until two hours later on
the Friday and Saturday nights until 02:00
·
have an extra half an hour for other
licensed activities including live and recorded music until 01:30.
It was
noted that the applicant had included the appropriate steps to promote the four
licensing objectives as part of the application.
It was
noted that, following a consultation period, only recommendations and
observations to the application had been received and not objections. Reference
was made to observations received by Llanbedrog Community Council, North Wales
Police, North Wales Fire and Rescue Service and Gwynedd Council's Public
Protection Department.
b)
In considering the application, the following
procedure was followed:-
· Members
of the Sub-committee and the applicant were given an opportunity to ask
questions of the Licensing Manager.
· The
applicant was invited to expand on the application.
· Consultees
were given an opportunity to submit their observations
· The
licensee, or his representative, was invited to respond to the observations
· Members
of the Sub-committee were given an opportunity to ask questions of the licensee
· .Members
of the Sub-committee were given an opportunity to ask questions of the
consultees.
c) In expanding on
the application, the applicant noted that he was happy with what had been
submitted and reiterated the following observations:
·
Outside investors now supported the Festival and
therefore a new structure was introduced for the Festival. It was highlighted
that a decision had been made to restrict the age of the audience (16+ - 35)
and that the Festival was now being tailored for this.
·
A Three-year Business Plan had been submitted - the
intention was to expand the Festival to attract an audience of up to 9,999.
·
Professional services would be employed to monitor
noise, collect litter, monitor admittance of over 16s, and health and safety
·
Apologise that the communication element had been
slow
·
Challenge 21 and Challenge 25 would be supported
·
That he was ready to cooperate in order to ensure
success
In response to a
question about the site of the Festival, the main location was confirmed along
with the events and arrangements for each field.
In response to a
question about the historical complaints that had been received with regard to
the Festival, it was highlighted that a number of complaints about noise had
been submitted over the years by one person. The Licensing Officer highlighted
that no official complaints had been received last year, but that a number of
people had highlighted concerned about the clearance work, the entrance and the
noise of the music.
In response to a
question, it was confirmed that 16+ was attendance age for the Festival and
that it had not been tailored for families this year. In response to a question
about how to ensure that under 16s would not be admitted and how to control
behaviour, the applicant noted that a professional security company would be on
site to monitor the audience's behaviour along with the presence of medical
staff and well-being resources. It was noted that a robust policy was in place
on all bars to sell alcohol to 18+ only and that there would be a 'holding
tent' for under 16s who had attempted entry until a responsible adult came to
collect them from the site. It was noted that good teams had been recruited to
manage each situation and that all preparations had been made in anticipation
of a crowd of 5,000 (although the number of tickets currently sold was around
3,500)
ch) Taking
advantage of the right to speak, Councillor Angela Russell (Local Member and
representative of Llanbedrog Community Council) said that Llanbedrog welcomed
the Festival, on the whole, but that concerns had been raised at a recent
meeting. The Local Member noted the
following observations:
·
Application to keep the Coastal Path open
·
Place a 30 miles per hour restriction on the road
to avoid traffic problems
·
That the whole site would need to be cleared after
the Festival had ended
·
August is a very busy month in the area - how to
deal with the expansion
·
That the applicant needed to communicate better
with the Community Council so that it was possible to hold discussions before
presenting observations
In response to a
question, it was noted that no complaints had been received by the Community
Council or the Local Member
d) On obtaining the
right to speak from the Chair, Councillor Wyn Williams (Member for neighbouring
ward) noted that he knew the applicant well and was very supportive of the
event. Nevertheless, he identified concerns that he would like the applicant to
consider in future, such as
·
holding the event outside the busy August period
·
considering moving the site if the Festival
expanded
·
respond quicker to the requests of the Police and
Public Protection - strengthen collaboration
dd) Taking
advantage of his right to speak, Mr Ian Williams, on behalf of North Wales
Police, confirmed that the did not object to the application. He, nevertheless,
noted that the Police had not been given an opportunity to fully respond to the
application as documents had arrived shortly before the closing date for the
application. It was confirmed that framework and plans for the Festival were in
place
Taking advantage
of the right to speak, Inspector Dewi Jones added that the Police were in
favour of the Festival and that such an event was important for the local
economy. Nevertheless, some concerns and observations were highlighted: in
addition to the conditions submitted.
·
The priority for the Police is public health and
safety and, as such, the relevant documentation must be presented within a
reasonable time frame to ensure good collaboration and a successful Festival.
It was proposed that a condition be placed on the licence for a three month
time notice with regard to the plans for the Festival arrangements. An request
was also made for information on anticipated numbers.
·
Ticket sales - it was highlighted that the Police
had undertaken a sales test with four of the ticket selling organisations. It
was reported that all four sites had failed the test by selling tickets to
children under 16 years old. As a result, a request was made to impose a
condition that the applicant tested other organisations responsible for selling
tickets to prove that this was being implemented.
·
A request for the applicant to sign up to and
collaborate with Pubwatch Gwynedd
·
Ensure that the Security Company inform the Police
of any crime and disorder at once
·
Request to include a condition to hold a debrief
meeting within three months following the event in order to learn lessons and
prepare for the following year. Request that information from this meeting be
coordinated with the Event Safety Consultation Group
·
Request that the fairground music be turned off at
the same time as the Festival's music
·
Request that the applicant undertake alcohol sales
tests during the Festival and that the test results be shared with all
responsible authorities.
It was confirmed
that Extra Police Services had been arranged for the Festival and that the
applicant had cooperated fully, although details were late arriving. In
response to one question, it was highlighted that, in the event of crime and
disorder, custody would be in Caernarfon. A request was made that the Inspector
prepare wording for the additional conditions he proposed in order that a
decision be reached.
e) A letter received
from the Fire Service was acknowledged. It was once more highlighted that an
observation was made about receiving plans / documentation at leas a month
before the event.
f) Taking advantage
of his right to speak, the Senior Health and Safety Officer highlighted the
changes to the current licence along with concerns about the applicant's
intention to extend the hours of entertainment. It was noted that,
historically, the Festival had provoked noise complaints from local residents
and that, furthermore, the organisers had been unable to appoint anyone to
manage the issues of noise emanating from the Festival.
Following
discussions with the applicant, it was clear that it would be necessary to
comply with noise control conditions. It was reported that the applicant had,
by now, appointed two companies to develop a Noise Control Plan for the
Festival and oversee the issue of noise during the Festival with assurances
that noise would be strictly controlled. It was reported that Aria Acoustics
was an experienced and qualified company that had shown ability to successfully
control noise under challenging circumstances. It was noted that the Department
had received a robust noise management plan, reflecting the conditions proposed
by the Environmental Health Department.
ff) In summarising the application, and
in response to the comments, the applicant noted that he accepted the
observations and acknowledged the necessity of a discussion beforehand. He highlighted the fact that speed restrictions
had been discussed with the Highways Department and apologised that the site
had not been fully cleared up after the 2015 Festival. He promised that this
would not happen again. He also accepted the observations made to hold
discussions if there was a significant expansion to the Festival (in terms of
the site) and the need to consider moving the Festival outside of the August
holiday period. He highlighted that a number of professional companies
supported the Festival with clever solutions for waste management and traffic
control - he stated that shuttle buses were being used for the first time this
year.
He apologised that
sharing documentation with the responsible authorities had been delayed and
that this had been due to the hard work undertaken to coordinate companies,
delegate responsibilities and in concentrating on improving the quality of the
information that was to be presented. It was also noted that safety aspects had
received full consideration.
As a result of
failing the sales tests, he noted that each organisation had received an
official letter and that every ticket sold should receive an admission control
note. He also reported that he had worked closely with the Senior Environmental
Health Officer to ensure a successful Festival.
The relevant
parties left the meeting.
Members of the
Sub-committee discussed the application, and considered all the evidence
submitted, including the written and verbal observations made by the interested
parties. Specific attention was given to the Licensing Act 2003, namely
• Crime and Disorder
• Public Safety
• Preventing Public Nuisance
• Safeguarding Children from Harm, and Home Office Guidance.
RESOLVED - to
approve the application subject to recommendations by the Police and
Environmental Health
It was noted
specifically that no objections had come from any party that had submitted
observations but that concerns had arisen about road safety, under age sales,
litter and noise. The Sub-committee was satisfied, however, that the conditions
recommended by the applicant in his application form, along with the closed
circuit television conditions and conditions on briefing and debriefing as
recommended by the Police, and the noise control conditions as recommended by
the Environmental Health, were appropriate steps in promoting the four licensing
objectives.
The Sub-committee
did not consider a need to introduce conditions on the licence in terms of the
licensee having to monitor the compliance of outlets that sell tickets on his
behalf. In the opinion of the Sub-committee, it is the responsibility of
individual shops to ensure compliance with the age restriction.
The Sub-committee did not consider membership of Pubwatch, reporting
crime and disorder to the Police or appointing a special policing service to be
necessary conditions. The Sub-committee deemed that these things should be
arranged voluntarily between the licensee and the Police.
With regard to
speed restrictions on the main road, the Sub-committee considered this to be a
highways issue that is beyond the scope of the Licensing Act 2003. Similarly,
any littering problem on the site would be an issue for the licensee and the
land owner, and would not, as such, fall within the Act.
The licence was
varied as follows:
1. The permitted
hours were varied in relation to licensed activities as requested in the
application.
2. That the issues in section M of the application were included as
conditions on the licence.
3. That a condition be included on the licence stating that the licensee
maintain a closed circuit television system to oversee entrances to the main
site and the camping area; that this system is of sufficient quality to be able
to record during hours of darkness; that unedited recordings are kept for a
period of no less than a month; that recordings are available at once upon the
Police or the Licensing Authority's request.
4. That a condition be included stating that the Police must receive a
notice of at least three months from the date of the event, and that at the
same time plans must be submitted to the responsible authorities including
details of the proposed numbers, times and dates.
5. That a condition be added to the licence stating that a debrief meeting
be held within three months of any event, to be coordinated with the Event Safety
Consultation Group.
6.
Include, as a condition to
the licence, the prospective noise control conditions as recommended by the Environmental Health.
7.
Remove from the licence any conditions that already
exist and that are not congruent with the new conditions submitted by the
Sub-committee in allowing this application.
The Solicitor reported that the decision would be formally confirmed to
everyone present by letter. They were also notified of their right to appeal
the decision within 21 days of receipt of the letter.
Supporting documents: