Agenda item

Five Temporary Event Notices (TENs) have been given by Mr Ricky Harding, the premises user, to allow licensable activity for the Dog and Whistle Festival. Objections have been received from both Hertfordshire Constabulary and Environmental Health in their role as statutory consultees. Where objections are received against a TEN, and not withdrawn, there must be a Licensing Sub-Committee meeting to decide on the licensing activities covered by that TEN. This report is to inform the decision of the Licensing Sub-Committee.

The Service Manager (Licensing and Enforcement) presented his report and summarised how the five Temporary Event Notices (TENs) all requested the same activities and hours for the Dog and Whistle Festival which was due to take place over the Saturday and Sunday of the forthcoming weekend. He confirmed that each of the TENs areas sought licensable activity for up 499 people (to include staff and performers).  

The Service Manager (Licensing and Enforcement) said that only the Police and Environmental Health are required to be consulted for a TENS, and that on this occasion both Responsible Authorities had objected to all 5 of the notices, which could be found at Appendixes G and H of the report.

The Service Manager (Licensing and Enforcement) said that it was within the Sub-Committee’s power to allow the licensable activities to take place, or attach conditions to the TENs from the existing premises licence, but that these should be necessary and proportionate. He said that given the proximity of the event, consideration should be given as to whether the premises user could comply with such conditions. 

The Service Manager (Licensing and Enforcement) said that as no bespoke conditions for the event could be attached to any of the TENs, and as the wording on the premises licence was unable to be changed, Members should consider if they were suitable for the event. He said that should Members not be satisfied that the Premises User could comply with the conditions which the responsible authorities were seeking to attach, then the TENs should be refused. 

The Service Manager (Licensing and Enforcement) said that any steps which the Premises User described would not be binding and would be unable to be conditioned unless they matched the conditions from the premises licence. He said that should Members not believe that the Premises User could operate within these given limits, then the TENs should not be allowed to go ahead.

The Service Manager (Licensing and Enforcement) said that Members must believe that the TENs can go ahead and uphold, rather that undermine, the four Licensing Objectives. He reminded Members that they should reach a decision regarding each induvial TEN, giving reasons for each decision. 

The Service Manager (Licensing and Enforcement) answered questions from the Sub-Committee. There were no questions from the Premises User or the Responsible Authorities.

The Premises User gave his submission and answered questions from the Sub-Committee and the Responsible Authorities.

The Responsible Authorities gave their submissions and answered questions from the Sub-Committee, there were no questions from the Premises User.

The Sub-Committee (and Responsible Authorities) were then provided with an updated Site plan from the Premises User. This plan differed from the illustration seen at Appendix F of the agenda and included the walkways which Premises User intended to use to enable and control access between the five TENs areas.

The Premises User then answered subsequent questions form the Sub-Committee and the Responsible Authorities.

In line with procedure, at the conclusion of closing statements, the Sub-Committee retired to consider the evidence presented to the hearing by the Premises User, and the Responsible Authorities. They were accompanied by the Committee Support Officer and the Legal Advisor.

The Sub-Committee reconvened at 13:15 hours, and further questions which they had were answered by the Premises User and the Responsible Authorities. The Sub-Committee were also provided with a copy of the Premises User’s Event Management Plan.

The Sub-Committee retired again to consider the further evidence presented to the hearing by the Premises User and the Responsible Authorities. They were again accompanied by the Committee Support Officer and the Legal Advisor. 

The Sub-Committee reconvened in public session to give its decision.

The Chair said that the Licensing Sub-Committee had listened to the comments of the Licensing and Enforcement Service Manager and the representations made by the Police and Environmental Health, both written and oral.

The Sub-Committee had decided that the five TENSs applications as noted within the report would be granted subject to the addition of conditions 1, 2, 4, 5, 7, 9, 10, 24, 26, 28, 33, 35, 36, 47, 48, 49, 52, 56, 61, 62, 63 and 64 from the existing premises licence 22/0576/PL.

Reason for decision

The Temporary Event Notice in addition to the conditions noted above satisfied the Licensing Sub-Committee that the four licensing Objectives would be met.

RESOLVED - that the five TENSs applications, as noted within the report, be granted subject to the addition of conditions 1, 2, 4, 5, 7, 9, 10, 24, 26, 28, 33, 35, 36, 47, 48, 49, 52, 56, 61, 62, 63 and 64 from the existing premises licence 22/0576/PL.