To consider an application for the grant of a premises licence in respect of the ‘Big Chill Festival, Eastnor Castle, Deer Park, Ledbury, HR8 1RQ.’

The Regulatory Sub Committee was convened in order to determine an application for a new premises licence in respect of The Big Chill Festival, Eastnor Castle, deer Park, Ledbury, HR8 1RQ. The application was submitted in accordance with Section 51 of the Licensing Act 2003.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. He advised them of the hearing procedures and asked if any party required an extension to the 10 minute time limit for public speaking. The applicant’s legal advisor requested an extension to the time limit. The Chairman accepted this request and extended the time limit to 15 minutes, he also advised all of the other parties present that they were also permitted 15 minutes to make their submissions.

The Licensing Officer presented the report and advised Members of two amendments to the report. The first amendment related to the omission of the sale/supply of alcohol on Thursdays from the report (page 8, paragraph 7) and the second was that Birtsmorton Parish Council had been listed under paragraph 8 of the report instead of Castlemorton Parish Council.

The Acting Principal Lawyer advised the sub committee that the responsible authorities had now withdrawn their representations as conditions had been agreed with the applicant.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Bartlett, representing Castlemorton Parish Council addressed the sub committee. Although he did not object to the festival itself he did raise concerns regarding the extension of the licensable hours; the permitted noise levels; and the permanent nature of the licence.

Mrs Davies, representing Colwall Parish Council, also addressed the sub committee and reiterated the concerns raised by the previous speaker. She also stated that the festival had previously been held in 5 different locations and organised by 2 different companies. She felt that the permanent licence was unacceptable and also raised concerns regarding the length of the licence (5 days). She also felt that the licence would benefit from similar conditions and terminal hours to those imposed on the Glastonbury festival.

In response to the previous points the Acting Principal Lawyer confirmed that the sub committee had a number of options as outlined in the Committee report however they did not have the option to grant a temporary licence.

The Chairman invited five local residents who had made representations in respect of the application to address the sub committee. He requested that they avoid repetition in their statements.

Mr Davis addressed the sub committee in respect of noise concerns on the site. He noted that there had been a significant increase in the permitted noise levels in relation to the previous festival and that the ‘noisy’ period of the festival had seen a 33% increase. He felt that between the hours of 2300 and 0900 the festival should not be audible to neighbouring residents and therefore requested that the music in outside areas should cease at 0030 at the latest. He also requested that permitted noise levels be set at the same level as previous events.

Mrs Doswell, also speaking on behalf of Mr Doswell, advised the sub committee that she was objecting to the grant of the application based on previous experience of noise disturbance in Colwall as a result of the festival. She noted the conditions and terminal hours applied to the Glastonbury licence and requested that Herefordshire Council take a similar stance with the Big Chill. She also had concerns regarding the sound monitoring and felt that all aspects of noise should be monitored by the local authority in the interests of transparency. She also noted that a public meeting was held at the conclusion of the Glastonbury Festival and that a similar meeting would be beneficial for the Big Chill.

Mr Moreton addressed the sub committee and urged them to reject the application outright. He felt that the local residents and the tranquil and rural surroundings should be protected. He gave details of the noise complaints that he had made over the previous years and voiced his concerns that the telephone hotline for noise complaints was operated by the festival organisers and not the licensing authority. He also felt that if the licence was granted a terminal hour of 0030 should be enforced.

The final local resident to address the sub committee was Dr Cole. He advised Members that although he lived 5 miles away from the site in West Malvern he had still suffered as a result of noise disturbance caused by the festival. He confirmed that music on the site could still be heard at 0400 and that after contacting the Council’s environmental health team he was advised that this was as a result of the wind direction. He requested that all appropriate data including wind direction should be taken into account when calculating maximum noise levels. He added that in his opinion a terminal hour of 0300 on Monday morning was unfair to the local residents.

The Environmental Protection Manager advised the sub committee that he was contacted in October 2010 in order to discuss noise control for the festival. He noted the proposed reductions in noise levels on the site throughout the night and requested that the level be lowered from 45db to 40db at 0200 instead of 0300 as suggested by the applicant. He advised the local residents that in his opinion the agreed conditions would address all of the concerns raised.

In response to a question the Environmental Protection Manager advised that there had been a change in monitoring noise levels for the 2011 event and that levels based on background noise had been replaced by absolute noise levels. He explained that the issue with levels based on background noise was that background noise levels could change and that readings would have to be taken at the same point. The absolute noise levels gave the licensing authority the option to monitor sound levels at any location. He also stated that in previous years the background noise levels had been monitored at a level higher than the conditioned levels, the example of Valentines Cottage was given where the conditions limited noise at the location to 43dB although the ambient noise levels without music were as high as 60dB. He confirmed that he had been in communication with an environmental health officer from Mendip Hills District Council, which regulated the Glastonbury Festival, and that the proposed noise conditions had been designed to be consistent.

In response to an additional question he also confirmed that noise levels had been devised in accordance with figures from the world health organisation. He added that the requirement for doors and windows to be shut came from the noise act and not from the licensing act.

In response to a further question from the applicant’s legal advisor, the Environmental Protection Manager confirmed that there had been 7 noise complaints for the 2010 festival, with two of the complaints coming from the same dwelling.

Mr Taylor, the applicant’s legal advisor, addressed the sub committee in support of the application. Initially he addressed the issue regarding the nature of the licence and advised all parties present that the licence could be reviewed at any stage if there were valid concerns. He added that it would also be automatically revoked as a result of insolvency. He went on to address the protections offered to the local residents through the agreed conditions as well as confirming that an event management plan would have to be agreed with the Licensing Authority annually. In respect of the duration of the festival, he confirmed that Wednesday was not licensed for entertainment and was purely for people to have the option of arriving at the festival early as well as addressing the traffic concerns that had been mentioned. Finally Mr Taylor addressed the noise concerns. He confirmed that absolute noise levels were more effective than levels based on background noise as these were not enforceable. He confirmed that at 0200 the festival should be inaudible to the local residents.

Mr Benn, the applicant, addressed the sub committee in support of his application. He stated that he also held the licence for the Glastonbury Festival and that the last stage at Glastonbury closed at 0600, despite the main stage closing earlier. He advised all parties present that he was keen to work with the local residents and the licensing authority in order to address any concerns.

In response to a question regarding the monitoring of noise, Mr Benn confirmed that the local residents were able to view the data on the festival site by pre-arranged appointment.

The Regulatory Services Manager confirmed that the licensing authority had monitored noise levels around the site as part of a joint initiative with the applicants in the past and that this had proved successful. He also added that it was his intention to continue this for 2011.

The Environmental protection Manager reiterated his earlier comments regarding the absolute noise levels. He confirmed that it would be much easier for these levels to be monitored. The Regulatory Services Manager advised the local residents that there was a budget in place for the monitoring of sound levels at the Big Chill.

In response to a question from Councillor PGH Cutter, the applicant advised that he was happy for the main stage to close at midnight. He added that the other stages would have a phased closing schedule throughout the night.

The Sub-Committee retired to make their decision, the Acting Principal Lawyer and the Democratic Services Officer also retired to assist them with procedural matters.

At the conclusion of the meeting the Acting Principal Lawyer read out the sub committee’s decision. The sub committee felt that the application as applied for should be granted but requested that the following additional conditions be attached to the licence in order to address the concerns of the local residents.

1          The main stage shall cease all licensable activities at midnight on Sunday night / Monday morning.

2          Within 3 months of the last day of the festival the premises licence holder shall hold a public meeting to allow members of the public to discuss that year’s event. Such meetings shall be notified to the Licensing Officer for Herefordshire Council and the following Parish / Town Council Eastnor and Donnington, Castlemorton, Birtsmorton, Wellington Heath, Colwall, Bosbury and Coddington, and Ledbury and will be forwarded to any person who has made a complaint to the premises licence holder’s noise hotline, police or local authority in relation to noise.

RESOLVED

That the application for a new premises licence in respect of The Big Chill be approved subject to the conditions detailed in the attached decision notice.