To consider an application for a grant of a premise licence in respect of El-Dorado Festival, Eastnor Deer Park, Eastnor, Ledbury. HR8 1RD.

Members of the licensing sub-committee from the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda and the background papers.

The technical licensing officer presented the report.     

The sub-committee then heard from the solicitor to the applicant, who highlighted the following: 

·        Festivals are complex events and a number of advisors were also present to answer any queries which the sub committee may have.

·        Noise appeared to be concern.  There had been minimal noise complaints (one) in 2019 but 2018 had been problematic.

·        Festivals were of a dynamic nature and topography, stage direction, type of music and wind direction all needed to be taken into account.   There would be monitoring during the festival.

·        Environmental health had not objected to the application and the applicants were working with the team to address any issues.

·        The issues which occurred in 2018 were outlined to explain that there had been a site re-design and a new stage area had been present under a Temporary Events Notice (TENs).    The new stage area was now part of the application before the sub-committee.    There had been 15 complaints received during the event via the complaints hotline and the council had made the organisers aware of more complaints which had primarily focused in / around Ledbury.   

·        As part of the festival for 2019 a new plan had been implemented which had included an improved noise model, change of stage direction and a change in the monitoring areas.  A significant amount of public engagement had also taken places and the events number had been circulated widely.  During 2019 there had been one noise complaint.  The event had received commendation from the Ledbury Reporter,   the council and some residents with regard to the significant reduction in complaints.   

·        Noise projections had been completed on the assumption that windows and doors would be opened as the festival would be taking place during the Summer.

·        There would be noise monitoring in Oakland Drive, Ledbury.

·        If the licence was granted, then there may be further adaptions to the noise monitoring plan closer to the festival.

·        There had been no change in the terminal hour (0400hrs) as this was on the existing licence.

·        Public rights of way was not an issue for the licensing sub-committee.  

·        The applicant would be happy to discuss the representation from the member of the public with regard to their specific concerns.

·        The following had been added to the proposed conditions of the licence

o   The events safety management plan has to be signed off by the Safety Advisory Group and has to be completed during the festival.

o   Between 0200hrs and 0400hrs noise will not be audible or discernible

o   There are specific noise levels based on different days and times.

o   There will be a noise hotline

Following from queries from members of the sub-committee, the following points were clarified:

·        There had been noise modelling from low to high frequency noise.

·        There would be a direct noise line and consultation with the public via a letter to residents.

·        The festival does attract a young demographic but it was popular with the older demographic on the Sunday.

The committee carefully considered all the representations, reports and evidence before them today. They have had regard to their duties under S4 of the Licensing Act and considered guidance issued under s182 of the Licensing Act 2003 and Herefordshire Council’s statement of licensing policy. 

DECISION

The sub committee’s decision was to grant the licence as applied for.

REASONS

The sub committee had taken into careful consideration the written public representation, together with the information supplied by applicant and their advisors.  The sub-committee had noted that community engagement would continue and there would be staff available during the festival and a noise complaint telephone number available.   The safety advisory group would be signing off the events management plan. 

The four licensing objectives, specifically the prevention of public nuisance, were being promoted by the community engagement and an approved events management plan which would be incorporated into the premises licence as a condition.