Agenda item

The Director of Neighbourhood and Environmental Services submits a report in respect of an application for a new premises license for Festival Republic, Victoria Park, Leicester, LE1 7RY.

The Director of Neighbourhood and Environmental Services submitted a report on an application for a new premises licence for Victoria Park, Leicester, LE1 7YR by Festival Republic Ltd.

Claudia Langmead, Festival Republic Event Manager was present, accompanied by Antonia Kyte BBC Editor of Live Events, Rhys Hughes, BBC Head of Live Events, and Simon Taylor, Legal Representative for the applicant. Mr TJ Mavani (Licensing Team Manager) and Mr Chris White (Noise and Pollution Control, LCC) were present. Members of the Public, including Councillor Melissa March attending in her personal capacity, were present as representors both in support of and against the application. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

It was noted that there was a member of the press and members of the public in attendance in the Public Gallery which included Councillor Clarke as an observer.

The Chair led on introductions and outlined the procedure the meeting would follow.

The Legal Adviser to the Sub-Committee gave clarification on points relating to the application and that the Sub-Committee were only to consider the licensing aspect and activities that had been requested for the period of time stipulated in the application.

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application. It was noted an application was received on 17 April 2023 from Festival Republic Ltd for a new premises licence for Victoria Park, Leicester, LE1 7RY for specified licensable activities on 16 and 17 September 2023.

The Sub-Committee noted that fourteen representations had originally been received in opposition to the application including representations from Licensing Enforcement and the Noise and Pollution Control Team.  The representations related to the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. The representors were concerned about the noise from the event, increased traffic and disorder from attendees and disruption to the site and local area.

The Sub-Committee further noted that sixty-eight positive representations had been received from members of the public in support of the application.

Mr Taylor, the Legal Adviser to the applicant asked the Chair for permission to update the meeting on progress that had been made since the application was first submitted.

The Chair liaised with Officers and agreed for the applicant and their Legal Adviser to address the meeting first.

Mr Taylor addressed the Sub-Committee and assisted by Claudia Langmead answered questions from Members, Officers and representors.

Representors in support of the application addressed the Sub-Committee in turn and Members, Officers and other representors were given the opportunity to ask questions.

Mr Mavani outlined the details of the report from the Licensing Enforcement Team and confirmed that in light of conditions agreed with the applicant the application was no longer opposed. He answered questions from Members and other representors.

Mr White outlined the details of the report from the Noise and Pollution Control Team and confirmed that in light of conditions agreed with the applicant the application was no longer opposed. He answered questions from Members and other representors.

The Licensing Team Manager with agreement by the parties read out the representation from Mr Morley who was unable to attend the hearing. Ms Langmead addressed the Sub-Committee providing details of the applicant’s liaison with people who opposed the application.

Representors against the application addressed the Sub-Committee in turn and Members, Officers and other representors were given the opportunity to ask questions.

All parties present were then given the opportunity to sum up their positions and make any final comments.

The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of all those present and were advised of the options available to them in making their decision. The Sub-Committee were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decision.

In reaching their decision, Members felt they should deliberate in private on the basis that this was in the public interest, and as such outweighed the public interest of their deliberation taking place with the parties represented present, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

The Chair announced that the decision and reasons would be announced in writing within five working days. The Chair informed the meeting that the Legal Adviser to the Sub-Committee would be called back to give advice on the wording of the decision.

The Chair then informed the meeting that all but the Democratic Support Officers should withdraw from the room. The Sub-Committee then deliberated in private to consider their decision.

In reviewing the application for a new Premises Licence the Sub-Committee considered the Licensing Officer’s Report and all the representations, both written and oral. The Sub-Committee took account of the Statutory Guidance, the Regulators’ Code, and the Council’s Licensing Policy. The Sub-Committee also took account of documents referred to by the parties including relevant extracts from the Noise Council's Code of Practice on Environmental Noise from Concerts (1995).

The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

RESOLVED:

That it was appropriate for the promotion of the licensing objectives to GRANT the application for a new premises licence for Victoria Park, Leicester, LE1 7RY subject to the 62 conditions agreed by Festival Republic Ltd with the Council’s Licensing Enforcement and Noise Teams.