Decision details
Introduction of local controls regarding the release of sky lanterns and helium balloons
Decision Maker: Cabinet member economy and corporate services
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Purpose:
To consider the executive response to the
motion to Council seeking restriction on the use of sky lanterns
and to introduce local controls regarding the use of sky lanterns
at Council run events, private events that are undertaken on
Council owned or leased land. To seek to use a model licensing
condition, for applicants to offer on their application or members
to apply when applications come before them, as a way to curtail
the use of sky lanterns on private sites i.e licensed wedding
venues and licensed premises.
Decision:
That:
(a) a standard licence condition to allow the council, as the licensing authority, to encourage restricting the use of sky lanterns at licensed premises under the public safety licensing objective, be implemented with immediate effect which applicants may choose to offer within their application or which may be imposed, as appropriate, by the council when considering applications which come before it;
(b) a condition be included in the terms of use for council owned land (highways, parks, new lease or license agreements) to restrict the release of sky lanterns and helium balloons when land is hired or used for events;
(c) a local policy be implemented with immediate effect prohibiting the use of sky lanterns and helium balloons at all council organised events and premises; and
(d) the assistant director of environment and place be authorised to take all operational decisions necessary to implement the above recommendations including undertaking a publicity campaign to raise awareness of the environmental consequences of balloon and Chinese/sky lantern releases.
Reasons for the decision:
In September 2015, Full Council passed a motion requesting that the executive consider imposing restrictions on the use of sky lanterns on council owned land or at events licensed by the council. In addition it is proposed to implement a publicity campaign to inform residents of the risks associated with use of such lanterns and balloons. Sky lanterns (known by a variety of names including Chinese lanterns) are small hot air balloons made of paper often over a wire or bamboo framework with an opening at the bottom where a small flame is maintained on a suspended base framework containing a fuel source.
Alternative options considered:
To not take the proposals forward and instead review any new proposal should DEFRA or any other government department offer further guidance or restrictions on the use of sky lanterns or helium balloons. This is not recommended because it would not address the concerns raised during debate of the motion at full Council in September 2015.
To consider an alternative policy or control measure, although this would have to comply with the council’s obligations and legal powers, as required by the current licensing regime.
Resource Implications:
There are limited staffing and no financial implications for the council. The controls detailed above will be integrated into existing compliance processes rather than enforced proactively. Costs of information awareness raising and publicity are considered minimal.
Wards Affected: (All Wards);
Contact: Marc Willimont, Head of Public Protection Email: mwillimont@herefordshire.gov.uk Tel: 01432261986.
Publication date: 21/11/2017
Date of decision: 20/11/2017
Effective from: 28/11/2017
Accompanying Documents: