Agenda item

Date of Hearing:	1 April 2021
Applicant:	S&C Productions
Premises Address:	Childerley Orchard, Childerley Estate
Application:	Premises licence
Those present at the hearing:
Sub-Committee:	Councillor Anna Bradnam (Chair)
	Councillor Bill Handley
	Councillor Deborah Roberts
SCDC Officers:	Jane Jackson, Licensing Officer Suzanne Christie, Environmental Health Officer
	Paul Weller, Legal Adviser
	Victoria Wallace, Democratic Services Officer Liam Martin, AV Support Officer Rachel Jackson, Principal Licensing Officer (observer) Tom Smith, Democratic Services (observer)
Applicant:	Simon Taylor – Legal Advisor Ben Whur – Proud Events, DPS Aisha Francis – Proud Events, Event Manager Louise Young – S&C Productions, Head of Operations Simon Joynes – Noise Management Consultant
Representees:	Cllr Elizabeth Pyle, Dry Drayton Parish Council Cllr Peter Deer, Chairman Elsworth Parish Council

 

The application

The application to grant a new Premises Licence for OS map reference TL3555760586 known as Childerley Orchard was received by the licensing department on 8 February 2021 and was sent for consultation.

 

Section 18 a) of the application form states:

 

Planning of Events

The applicant proposes a premises licence to operate for up to eight days over two weekends to take place between 1 May and 30 September annually. The events will usually take place in June but may be adjusted annually with agreement from the Licensing Authority. The events will take place on Friday, Saturday and Sunday with limited licensable activities related to the operation of the campsite taking place on Mondays.

 

That application states that the maximum number of people expected to attend the premises at any one time as 24,999. In section 18c) the applicant states that in the first year the maximum capacity will be 14,999 and in the second year, 19,999.

 

General description of premises

 

Section 5 of the application form asks the applicant to provide a general description of the premises. 

 

The application states:

 

The premise is a field comprising of flat grass land which can be identified from OS map reference TL3555760586 known as Childerley Orchard.

 

Temporary infrastructure will be brought onto site and as part of the application a full site plan will be provided showing stages, bars, concessions, offices and other temporary infrastructure.

 

Requested activities

The proposed application is to carry out the following activities:

Provision of Films Both indoors and outdoors   Monday          00:00 - 00:30 Friday             15:00 - 00:00 Saturday        00:00 - 02:00                         11:00 - 00:00 Sunday          00:00 - 02:00                         11:00 - 00:00	Provision of Plays Both indoors and outdoors   Monday          00:00 - 00:30 Friday             15:00 - 00:00 Saturday        00:00 - 02:00                         11:00 - 00:00 Sunday          00:00 - 02:00                         11:00 - 00:00
Provision of Recorded Music Both indoors and outdoors   Monday          00:00 - 00:30 Friday             15:00 - 00:00 Saturday        00:00 - 02:00                         11:00 - 00:00 Sunday          00:00 - 02:00                         11:00 - 00:00	Provision of Live Music Both indoors and outdoors   Monday          00:00 - 00:30 Friday             15:00 - 00:00 Saturday        00:00 - 02:00                         11:00 - 00:00 Sunday          00:00 - 02:00                         11:00 - 00:00

 

Provision of anything of a similar description to Live Music, Recorded Music or Performances of Dance Both indoors and outdoors   Monday          00:00 - 00:30 Friday             15:00 - 00:00 Saturday        00:00 - 02:00                         11:00 - 00:00 Sunday          00:00 - 02:00                         11:00 - 00:00

Provision of Performances of Dance Both indoors and outdoors   Monday          00:00 - 00:30 Friday             15:00 - 00:00 Saturday        00:00 - 02:00                         11:00 - 00:00 Sunday          00:00 - 02:00                         11:00 - 00:00

 

Supply of Alcohol For consumption on the premises only Friday             15:00 - 00:00 Saturday        00:00 - 01:30                         11:00 - 00:00 Sunday          00:00 - 01:30                         11:00 - 00:00

Late Night Refreshment Both indoors and outdoors Monday          00:00 - 03:00 Friday             23:00 - 00:00 Saturday        00:00 - 03:00                         23:00 - 00:00 Sunday          00:00 - 03:00                         23:00 - 00:00

 

Hours Premises are open to the Public Monday          00:00 - 12:00 Friday             12:00 - 00:00 Saturday        00:00 - 00:00 Sunday          00:00 - 00:00

Background

The premises known as Childerley Orchard can be found on the Childerley Estate.

 

The application was sent to all responsible authorities for consultation as part of the licensing application process.

 

Notification of the application was sent to neighbouring Parish Councils.

 

The Blue Notice was correctly displayed.

 

The Notice of Application was advertised in the Cambridge Evening News on the 12 February 2021.

Relevant representations

Representations have been received from interested parties and responsible authorities.  The applicant was made aware of these on the 10 March 2021.

 

The applicant responded to the representations on 18 March 2021

·         Representation 1 - Elsworth PC               

·         Representation 2 - Dry Drayton PC         

·         Representation 3 - Hardwick PC              

·         Representation 4 - Bar Hill PC                 

·         Representation 5 - Cambridgeshire Fire & Rescue Service    

·         Representation 6 - Environmental Health                                  

Observations:

The panel heard representations from the applicant’s legal representative, who explained the details and key points of the application and the events that would take place, including the demographics of these events. The following was explained:

·         The nature and capacity of the site and the reasons for the change of site from its location in previous years. This site was larger and in a better location further from Cambridge city centre. The site enabled a better offering to be provided to customers and the larger event would benefit the local economy.

·         An experienced event organiser (Proud Events) had been appointed.

·         There had been engagement with the Safety Advisory Group (SAG) and the application had received significant input from Licensing, Environmental Health and the Police. 

·         The applicant’s proposed draft conditions were explained. These provided a robust framework ensuring the event would be properly planned and delivered safely every year. In particular the requirement for SAG to agree the Event Management Plan 28 days prior to the event for the event to continue (as in proposed condition 7).

·         All advice and concerns of the Cambridge Fire and Rescue Service had been addressed by the applicant’s proposed conditions.

·         Details were provided of several sub-groups that had been set up by the event organiser. A Public Health sub-group would monitor developments regarding Covid-19.

·         The engagement that had taken place with the responsible authorities and the wider public such as the local MP, county and district councillors and parish councils, was explained.

·         An experienced security contractor had been appointed. The crowd management plan was explained, which was subject to scrutiny by the Police and the SAG. Security would also be provided at the off-site travel hubs.

·         The original intention had been to use Milton Park and Ride as one of the travel hubs, but for reasons to do with Covid-19, the park and ride site would not be available and the applicant proposed to use Bourn Airfield instead. This had only been decided during the week commencing 22^nd March, therefore no public consultation had yet taken place.

·         Experts had been appointed to manage transport and traffic management. All attendees would travel to the site by a shuttle bus from two offsite transport hubs located at Cambridge North Station and Bourn Airfield. Attendees would only be able to access the event via the designated shuttle service from the travel hubs. There was no pedestrian access to the site. There was limited pre-booked provision for access to disabled parking on the event site. The sub-committee explored with the applicant in detail the potential for displacement parking.

·         An acoustic expert had been appointed. The noise management and monitoring measures were explained. A complaints line would be provided throughout the events and the noise management plan detailed how the sound monitoring teams would respond to complaints.

·         Litter and waste management was explained. There would be provision for litter picking at the event site and at the transport hubs.

·         The security plan detailed how ejections from the event would be dealt with and these measures were explained.

·         The applicants explained under what circumstances they would exercise a show stop.

 

The sub-committee raised concerns about the event being held considering the Covid-19 pandemic and sought reassurance from the applicant regarding this. This was discussed in detail. The applicant provided assurance that they would be guided by Government legislation, guidance and the viability of the event, highlighting that the events had been moved to later in the year due to Covid-19. Assurance was provided that if circumstances were such that the events could not take place due to Covid-19, they would be cancelled. Mechanisms were in place for refunds to be provided to those who had bought tickets. The public health sub-group being set up by the applicant, would keep this under review. 

 

Representations were made on behalf of Elsworth Parish Council:

·         The Parish Council did not support the event taking place this year considering the Covid-19 pandemic.

·         The Parish Council was concerned about the ability to achieve social distancing when transporting attendees by shuttle bus to the event.

·         The age of most people who would be attending the event was a concern, as at the time of the event, many may not yet have received Covid-19 vaccination.

·         Spread of Covid-19 to the surrounding community by people attending the event was a concern.

 

Representations were made on behalf of Dry Drayton Parish Council:

·         The Parish Council was concerned about the impact of the event on the surrounding roads.

·         Due diligence needed to be considered further for the Covid-19 policy.

·         The opportunity for parish councils to be able to contribute to the post event Safety Advisory Group meeting, was requested.

 

The Environmental Health Officer presented suggested conditions as itemised in her written representation. These had been discussed and with the exception of proposed condition 8 (below), agreed with the applicant.

Decision

The duty of the licensing authority is to consider the application against the four licensing objectives set out in the Licensing Act. Taking all of these into account the Sub-Committee agreed to grant the Premises Licence.

 

This is subject to the incorporation of the conditions that had been proposed by the applicant and to which the Environmental Health Officer confirmed they agreed, and to the amendment of the applicant’s proposed condition 8 to the following:

 

Throughout an event the Premises Licence Holder shall establish an Event Control location to include the Event Liaison Team (ELT). During event days the ELT shall manage the operation of the event. Any necessary changes to the Event Management Plan shall only be made with the consent of the ELT and nominated representatives of the Licensing Authority and Responsible Authorities as necessary.

 

The sub-committee has reviewed the application with regard to the licensing objectives. The sub-committee remains concerned about the event taking place during the Covid-19 pandemic, but acknowledges the response to these concerns by the applicant and their experts. The sub-committee noted that both Public Health and the Safety Advisory Group have powers to intervene should they consider it unsafe for the event to take place, paying due regard to Government guidance and legislation regarding Covid-19. The sub-committee emphasised that the event organisers must respond to the relevant Government guidance and legislation at the time, including cancelling the event should it be necessary.

 

The applicant has a right of appeal to the Cambridge Magistrates’ Court within 21 days of receiving notification of this decision.

 

Signed:

 

………………………………………………..

Councillor Anna Bradnam (Chair)

 

……………………………………………….

Councillor Bill Handley      

 

…………………………………………………

Councillor Deborah Roberts

 

Dated: 1 April 2021