Agenda item

An application had been made for a variation of a premises licence to be granted under the Licensing Act 2003 at Master Park, Oxted Beer Festival, Church Lane, Oxted, RH8 9WE. The application was applying to increase the capacity allowed to attend an event at any time from 6,000 to 9,999.

During the consultation period, representations were received from Responsible Authorities, Ward Councillors and members of the public in respect of objecting to the application. The representations received had raised concerns that the licensing objectives under the Act have not been met.

Of the original eight objections, three had been withdrawn, leaving five objections at the time of the hearing.

In accordance with S35 of the Act, the application must be determined by the Sub- Committee of the Council’s Licensing Committee.

The Applicant’s representative, Darren Harfield was in attendance (remotely) and spoke in support of their application and responded to questions from Members, the Senior Licensing Officer and a respondent.

He stated the following:

• The applicant had agreed to reduce the figure allowed in attendance at any one time from 9,999 to 8,000 to meet some of the objections that had been raised.

• The site designers were satisfied the site was more than capable of holding a large capacity.

• The security team would manage the event, with cleaners employed to ensure the immediate area was cleared up after the event.

Aneurin Hughes, Senior Licensing Officer spoke in objection of the application on the following grounds that:

• The application did not set out the details of how the event would promote the four licensing objectives.

• No mitigations had been provided that were proportionate and suitable to ensure the safety of the increased number of the public.

The Sub-Committee heard from Councillor Peter Damesick, Oxted North Ward, who spoke in objection of the application on the grounds that:

• the event would not promote public safety, and the prevention of crime and disorder, particularly at the end of the event and crowd dispersal.

The hearing closed at 10:56am and the Sub-Committee, accompanied by Lidia Harrison and Alex Berry, retired to consider its decision

The Sub-Committee had due regard to:

1.       The provisions of the Licensing Act 2003 which confer the powers of the Licensing Authority to deal with the application.

2.       The obligation to promote the four licensing objectives.

3.       The relevant sections of the Council’s Statement of Licensing Policy and Statutory Guidance.

The Sub-Committee acknowledged it:

·           must carry out its functions with a view to promoting the four licensing objectives, as set out in Section 4(2) of the 2003 Act; and

·           cannot take account of representations which do not relate to one or more of those licensing objectives and that any representations must be relevant and evidenced-based.

The decision of the Sub-Committee was that:

“Having considered the evidence presented within the document pack, including from responsible authorities, and at the Hearing, the Sub Committee is not satisfied the licensing objectives would be upheld by the granting of the application of the variation of the licence. The application is therefore rejected, and the current licence remains in force.

The reason for this decision is:

1. Insufficient evidence has been provided which would ensure the event would promote the four licensing objectives given the increase in the numbers allowed to attend the site at any given time.

2. Little assurances have been given in the application on its possible impact on the residents in the surrounding area.”