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Disclosures of Personal and Prejudicial Interests. Minutes: Councillor S Joy – Personal – Minute no. 3 - Licensing Act 2003 - Section 17
- Application for a Premises Licence - Swansea Beach, Mumbles Road, Brynmill,
Swansea, SA2 0AY - (51.610827, -3.966594 co-ordinates). |
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Statutory Licensing Sub Committee Procedure (For Information). Minutes: The Associate Lawyer
advising the Committee presented the Statutory Licensing Sub Committee
Procedure, for information. |
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Additional documents:
Minutes: The Chair welcomed all attendees requested that all present
introduced themselves. The Licensing Officer reported on the application for a
Premises Licence in respect of Swansea
Beach, Mumbles Road, Brynmill, Swansea, SA2 0AY
(51.610827, -3.966594 co-ordinates) received by this Authority on 11 October,
2023. She referred to the licensing objectives, policy considerations,
the guidance from the Home Office and action following
consideration of the Responsible Authority’s and Other Persons
Representations. Specific reference was made to the application (and
plan) for a premises licence at Appendix A to A3). A copy of the Event Management Plan and Risk
Assessment was contained at Appendix A4 and A5. The location plan of the
premises at was detailed at
Appendix B and B1. A list
of licensed premises in the area was attached at Appendix B2. Conditions consistent with the operating
schedule was detailed at Appendix C. The
representations made by Responsible Authority’s (South Wales Police at Appendix
D and D1) Pollution Division at Appendix D2 and the Licensing Authority at
Appendix D3. Two representations had been
received from Other Persons at Appendix D4. A representation had been received from South Wales Police
on 23 October, 2023. The representation was based on the prevention of
crime and disorder, public safety, the prevention of public nuisance and the
protection of children from harm. A representation had been received from the Pollution
Division and Private Sector Housing Team and related to the prevention of
public nuisance. A representation had been received from the Licensing Authority
and related to the prevention of crime and disorder, protection of children
from harm and prevention of public nuisance. Two representations had been received from Other
Persons. A copy of their representations was attached at Appendix
D4. The representations related to the prevention of public safety and
the prevention of public nuisance. PC Chris Dix, Police Licensing Officer, advised that further
to submitting representations a meeting had taken place with the Applicant and
the following matters had been agreed: 1)
South Wales Police were happy to accept a
licence for one year in the first instance.
If the Application were to be granted and the Applicant was unable to
agree a suitable date in 2024 due to tides and availability of South Wales
Police resources, the Applicant would seek to roll the licence over to a
suitable and agreeable date in 2025. 2)
The Applicant would honour all reasonable
requests for Special Police Service.
This would include provision of resources in Zone Ex. 3)
The preferred contractor for Traffic Management
was JPS Consulting who are very experienced having managed the on site traffic plan at Glastonbury and the off site traffic plan at Boardmasters
for many years. They would be
commissioned to complete a Traffic Management Plan with specific attention to
crossing the dual carriageway adjacent to the beach and routes to and from
Singleton Park. 4)
The Applicant is experienced in managing water
side festivals. The Applicant’s
preferred water safety contractor is Coast to Coast Water Safety. The Applicant’s Event Safety Consultant is a
qualified Water Safety Manager with Surf Life Saving Association GB
who will oversee the water safety plan delivered by Coast to Coast Water
Safety. The Applicant will seek the
specific local guidance of Vinny Vincent, the local Lead RNLI Lifeguard
Supervisor. The Applicant will support
any existing lifeguard patrols and would provide their own lifeguards until the
end of each day’s events from 6pm when the RNLI lifeguard service is operating
and from 12 noon on days when the lifeguard service is not operating. In
response to Member questions South Wales Police confirmed that there were
adequate numbers of Officers to provide cover on the proposed event
weekend. Additionally, as the agreement
was for a one year licence only it was not envisaged that changing the date
would cause difficulties in regard to Police staffing. Tom Evans, Divisional Environmental Health Officer,
Pollution Control & Private Sector Housing, stated that a meeting had taken
place following the submission of written representations. The Applicant’s agreement to a one year
licence would assist in so far as a test event.
Issues relating to waste, noise etc would be
dealt with during the SAG process. In response to Member questions, the Divisional
Environmental Health Officer stated that sound levels would be monitored in a
similar manner to other large events held at in the City. The Licensing Team Leader referred to amendments regarding
the proposed conditions as follows: Condition
2 Change
from minimum of 3 months to 4 months. Condition
9 Change
from 56 days to 4 months. Additional
Condition PLH
will include the details of the traffic management plan for the beach to avoid
vehicle and pedestrian conflict to ensure public safety at all times. Condition
11 Add
Dispersal policy, water safety plan and zone Ex. Condition
49 Add
dispersal plan. Traffic
Management Plan Will
need to address the transport provision to and from the event. Additional
Condition Stating
no event is to be held during any high/spring tides and a comprehensive water
safety policy be in place and implemented. Delete
Condition 71 and replace with – Independent
water safety provider in place of RNLI or as well as the providers agreed upon,
Coast to Coast Water Safety, Surf Life Saving Association GB and Vinny Vicent
the local lead RNLI Lifeguard Supervisor. Additional
Condition Provision
is made for water safety for the duration of the event and not limited to 1800. The Chair suggested an adjournment to allow the Applicant to
consider the amended conditions. Adjourned at 10:52 Re-convened at 11:10 In response to a question from the Associate Lawyer, the
Licensing Team Leader stated that the Safety Advisory Group (SAG) were
scheduled to meet on 9 January, 2024. The Associate Lawyer referred to a representation from
Councillor P M May, Ward Councillor who was unable to attend the
Committee. He stated that the majority
of the issues contained had been dealt with during the course of the Committee
hearing. The Chair welcomed Tommy Job (Applicant) assisted by Kevin
Instance who detailed the Application.
He stated that he wished to hold a three day family event, which would
be beneficial to the community and would generate income for the City. He referred to the potential change of date to
ensure the plans were comprehensive. Mr Kevin Instance, Event Safety Consultant, stated that he
was content with the proposed amendments to the conditions. There were outstanding issues to be
considered such as the dispersal arrangements, Zone Ex arrangements, beach,
promenade, route from the parking area etc which
would become clearer when the Traffic Management Plan was complete. Mr Instance
suggested that the 4 month notice period contained with Condition 9 would make
the proposed date of 3-5 May unfeasible and with other factors such as the Millwall football an alternative date would likely to be
sought. Mr Instance requested that the
term ‘high tide’ be removed from additional condition, as a high tide is one
that occurs frequently. In response to Member questions, the Applicant confirmed: 1)
Swansea was chosen as the proposed venue as it
shares similarities with Cornwall.
Furthermore, the beach is close to the City Centre. 2)
If the application was successful, in-depth
communication would take place with the nearest venue to the proposed event.
Initial dialogue has commenced and it was reported that the venue were excited
by the prospect of the event. 3)
Swansea service providers would be used were the
event to be granted thus generating income for the economy. 4)
The family event would attract family orientated
‘sing along’ bands such as McFly, Busted. 5)
The event would strive to limit carbon footprint
and actively works with Surfers Against Sewerage. Patrons would be encouraged to use bicycles. 6)
It was a priority to work with noise reduction
specialists to ensure that there was minimal disturbance to the local
community. 7)
Types of barriers and security arrangements were
detailed. 8)
The Applicant confirmed that no fireworks were
intended to be used at the event. In conclusion, the Applicant thanked the Committee and all
present for the constructive dialogue. It was resolved that the press and public be
excluded from the hearing in accordance with paragraph 14 of the Licensing Act
(Hearings) Regulations 2005, to enable the Sub-Committee to take legal advice. The
Chair thanked the participants for their attendance. (Closed Session) Members
discussed the issues relating to the application. (Open Session) The
Sub-Committee Resolved to Grant the application for a
period of one year subject to the conditions consistent with the operating
schedule and as modified as considered appropriate for the promotion of the
licensing objectives as below: Live Music
Friday – Sunday 1200-2300 Recorded
Music - Friday – Sunday 1200-2300 Performance
of Dance - Friday – Sunday 1200-2200 Anything of
a similar description to that falling within live/recorded Music - Friday –
Sunday 1200-2200 Late-Night
Refreshment - Friday-Sunday 2300-2330 Sale of
Alcohol - Friday – Sunday 1200-2300 Opening
Hours - Friday – Sunday Midday – Midnight The licence
is granted for a one year of no more than 3 consecutive days. Friday to
Sunday between the 1st of April – 30th September 2024 as
agreed by SAG or 2025 1st of April – 30th September 2025 if no event took place
in 2024 – exact dates to be notified in advance. 1. This
is a one-year event, with licensable activities taking place over a period of
no more than 3 days. The 3 days will be consecutive and will take place
during the period 01 April to 30 September 2024, however if no event is held in
2024 the licence will rollover for 1 year only for an event to be held between
01 April to 30 September 2025. 2. The exact days and
dates of events taking place under this Licence to be agreed with the Licensing
Authority, City & County of Swansea (CCS) Events Team, South Wales Police
(SWP) and other members of the Safety Advisory Group (SAG) a minimum of 3
months in advance of the starting date of the event. 3. The maximum capacity
will be 9,999 (inclusive of all persons on site). 4. The actual agreed
capacities for each event will be agreed with the SAG during the planning
process. 5. Any events taking place
under this Licence will be presented to, and subject to scrutiny by, SAG. 6. The
Premises Licence Holder (PLH) shall notify the Licensing Authority on a monthly
basis from the date of the first sale/issue of tickets the total number of
tickets processed for the event. 7. The Designated Premises
Supervisor (DPS) or their duly appointed representative (who shall also be a
Personal Licence Holder) shall be on duty at the premises at all times when the
premises are authorised to sell alcohol. 8. The PLH shall ensure
that up to date records are available for inspection of staff training in
respect of age-related sales as outlined in the ESMP Alcohol Management Plan. 9. A suitable and
sufficient, event and site-specific Event Safety Management Plan (ESMP) will be
developed and presented to the SAG at least 3 months prior to events taking
place, including details of the traffic management plan of the beach to avoid
vehicle and pedestrian conflict, ensuring public safety at all times. 10. The
ESMP will be developed in line with the best practices set out in publications
such as: The Purple Guide (2017), The Event Safety Guide (HSG195), Managing
Crowds Safely (HSG154), Guide to Safety at Sports Grounds (Green Guide), Fire
Safety Risk Assessment (Open Air Events & Venues). 11. The
ESMP will include details on the following subjects: Traffic Management Plan,
Drugs Policy, Prohibited items, Search Policy, Communications, Major Incident
Plan, Waste Management, Security & Crowd Management Plan, Counter Terror
Measures, Communicable Disease/Pandemic Procedures, Noise Management Plan,
Running Order/Event Operation Times, Alcohol Management Plan, Egress Plan, Risk
Assessment, Fire Risk Assessment, Medical Plan, Wind Management Plan, Adverse
Weather Plan, Capacity Calculations, Emergency Evacuation Procedures, Lighting
Plan, Welfare & Vulnerable Persons Policy / Lost/Found Child Policy, a
dispersal policy, water safety plan and include consideration and coverage of
zone Ex. 12. The ESMP and its
associated Appendices will be considered ‘living’ documents and will be updated
and amended during the planning phases of the event. 13. The
final version of the ESMP will be presented to the SAG no later than 14 days
prior to the event. 14. The
site layout plan will be presented to SAG at least 56 days prior to the events
taking place. The site layout plan will include the number and position of
stages, bars, food traders, entrances/exits, emergency exits, toilet facilities
and the like. 15. The
final version of the site layout plan will be presented to SAG no later than 14
days prior to events commencing. 16. Event
running orders and artist provision will be discussed in advance, with relevant
Key Stakeholders including South Wales Police. The list of artists will be
provided to South Wales Police 31 days prior to the event. 17. Any changes to the
running order will be discussed and agreed with the Key Stakeholders, including
onsite meetings during and on the day of the event(s). 18. Any changes to the list
of artists will be sent to South Wales Police as soon as reasonably
practicable. 19. All
parts of the Licensed Premises shall be available for inspection during the
occupancy by the PLH, by any named officer of SWP, Mid & West Wales Fire
& Rescue, Welsh Ambulance Service and Swansea Council Licensing Authority
or any relevant Key Stakeholder duly authorised for the purpose. 20. The
PLH shall have in place Public Liability insurance to cover at least
£5,000,000.00 (£5m/five million pounds) for any one occurrence. The effective
period of the Insurance shall be from 7 days prior to the commencement of the
event build until and including 7 days after the conclusion of the event. The
PLH shall provide certified copies of the Policy and Certificates of Insurance,
or other acceptable proof of cover, to the Licensing Authority and any relevant
Key Stakeholder upon request. 21. The
PLH will work with CCS, South Wales Police, the appointed Security Contractor, other
key Emergency Service providers and other Key Stakeholders to make suitable
arrangements to deter occurrence of crime and disorder. 22. The PLH will honour all reasonable requests
by South Wales Police to engage the services of Special Police Services (SPS). 23. During the planning
phases for each event, it will be agreed between the PLH and South Wales
Police, whether or not drug detection dogs are required to assist with
enforcing the Drugs Policy. 24. If
drug detection dogs are deemed necessary for particular events taking place
under this Licence, the number of dogs will be agreed with South Wales Police. 25. A reputable and
experienced SIA Security & Stewarding company will be appointed to ensure
public safety and to prevent crime and disorder. 26. Where applicable
following discussion with the Licensing Authority, SAG and Police, an agreed
number of door supervisors working at the premises will be deployed with
digitally recording Body Worn Video (BWV). The BWV will be used to record any
incidents which occur inside or outside of the premises involving customers,
prospective customers or any staff member, that impact on any of the four
licensing objectives. Data recording shall be made immediately available to an authorised
Local Authority Officer or Police Officer, together with facilities for viewing
upon request, subject to the provisions of the Data Protection Act. All
recordings will be stored for a minimum period of 31 days. 27. Prohibited
items will be discussed and agreed with relevant Key Stakeholders. In all
cases, illegal substances, weapons, hazardous substances, fireworks and flares
(other than supplied by contractors) will not be permitted into the events. 28. Amnesty
Bins for the confiscation of prohibited items will be provided and secured at
the entrance to the premises. The disposal of the contents of the Amnesty Bins
will be coordinated with South Wales Police. 29. Customers will not be
permitted to bring their own alcohol on to site. This will be outlined in the
ESMP. 30. Appropriate signage
will be present on site which will inform attendees that a Drugs Policy is in
effect and that search is a condition of entry. 31. The Drugs Policy will
include Controlled Substances, New Psychoactive Substances (NPS) as well as
No2/NOS/Nitrous Oxide. None of these substances will be permitted on site. 32. Searching will be
conducted in accordance with the Search Policy in the ESMP and must take place on
entry to ensure public/staff safety. 33. Searches will be
carried out by SIA registered staff of the same sex as those being searched. 34. Anyone found on entry
with more than the agreed quantities for personal consumption (as outlined in the
drugs policy) of controlled substances or NPS will be refused entry and the
police informed immediately. 35. Anyone found with an
offensive weapon on entry will be refused admittance and the police informed
immediately. 36. An
Incident Register shall be maintained at the premises showing details of the
date and time of all incidents, injuries, accidents or ejections, as well as
details of the staff member involved the nature of the incident and the
action/outcome. The Register must be kept available for inspection by the
Police or Authorised Officers. 37. A
register of refusals will be kept detailing all refused sales of alcohol. 38. The
PLH shall provide free potable drinking water in accordance with the mandatory
conditions and this shall be available throughout the duration of the events. 39. A
competent and experienced Event Safety Advisor (ESA) will be on duty at all
times during the events. 40. An Emergency Liaison
Room/Cabin will be provided to enable constant monitoring of the event in a
command setting for those representatives of the Local Authority and Emergency
Services who are present on site. 41. An Event Control Loggist will be provided to ensure that any issues are
logged timely, consulted upon and updated throughout the event 42. The Premises Licence
Holder (PLH) and their representatives including the Event Safety Advisor will
organise and facilitate regular on site briefings to Responsible Authorities
and Emergency Services as agreed with SAG 43. The PLH, or nominated
representative, shall be responsible for and be present at all times during the
event, except where such control becomes the responsibility of authorised
officers of the Emergency Services and shall not engage in any activities which
will prevent the general supervision of the event. 44. The
PLH must ensure that all Stewards & Security
personnel are suitably trained and capable of carrying out their allocated
duties, aged 18 years or over and while on duty, they should concentrate only
on their duties and not on the entertainment. 45. The
ESMP Security & Crowd Management Plan will outline the number, position and
roles of the Security and Stewarding staff working at the events. 46. The
PLH must ensure that Stewards & Security personnel
understand their roles and the appropriate way in which to deal with, record
and report incidents. Such personnel should: a. Not leave their position without
permission; b. Not consume or be under the influence
of intoxicants including alcohol or drugs; c. Remain calm and courteous towards all
members of the audience. 47.
All Stewards & Security personnel shall wear distinctive clothing to ensure
they are individually identifiable. 48.
A register of Stewards & Security personnel to be
maintained at all times at the premises. Such register to include the name, SIA
registration number, contact details of the member of staff along with the
date, time on duty and time off duty. 49. Details
of access and egress “dispersal plan” to and from the event(s) will be provided
to the SAG and agreed for inclusion in the ESMP including the transport
provision to and from the event all-encompassing Traffic management / Egress
Plan. 50. Where
deemed necessary by the SAG, adequate advanced warning signage/event access
signage will be provided at the site to assist with and attempt to minimise and
prevent traffic problems in the area. 51. Suitable
and sufficient Risk Assessments and Fire Risk Assessments will be carried out
by a competent person. The events will operate in accordance with the Risk
Assessments and ESMP. 52. The
appropriate type and number of Fire Fighting Equipment shall be provided throughout
the site. Locations and numbers will be specified in the ESMP and Fire Risk
Assessment. 53. Suitable
signage will be erected to ensure customers can find their way around site
(bars, drinking water, toilets, First Aid) and to Emergency Exits. 54. Suitable
access and emergency routes will be maintained at all times. 55. A
detailed plan of the final layout of the site shall be submitted to the
Licensing Authority and SAG no later than 14 days prior to commencement of the
event, with the area within which amplified and organised
music is to be played clearly outlined in red. The location of all structures
and facilities including roadways and event areas shall be clearly indicated
and entry and exit points of all structures and areas shown. The locations of
Fire Fighting Equipment, First Aid Points and Information Points shall also be
shown. The Site Plan is to be gridded and referenced. 56. A
queueing system will be designed and implemented at the main entrance to
minimise waiting time whilst maintaining crowd safety. 57. An
acceptable level of illumination will be provided to all entrances/exits,
ingress/egress routes and emergency escape routes for the duration of the
event. 58. Where
tower lights are utilised, these will either be positioned in
back of house areas or fenced in to prevent public access. 59. The
events shall have an adequate system of counting and recording persons in and
out of the event site to ensure that the customer levels in all areas do not
exceed the limit endorsed in the Risk Assessment and ESMP. This information
must be made available to Authorised Officers
throughout the event and upon request. 60. During
the live events, there will be no vehicle movement in public area, unless
required as part of essential activities undertaken by the Emergency Services. 61. Should
it be essential for vehicle movement to take place, this will be authorised by the ESA and supervised by Security staff. 62. Stages/Tents/Big
Tops/Temporary Demountable Structures - All built structures shall have a
completion certificate issued by a competent person from the supplying company
and provided to the ESA. 63. All
temporary electrical works must have an appropriate electrical sign off
certificate issued at the time of works by a competent person to the ESA and be
available for inspection if required by Authorised
Officers. 64. The
PLH shall comply with all reasonable requests of the Licensing Authority and
any relevant Key Stakeholders with regard to any deficiencies in the
certificates and documents referred to in this licence and
ensure that the standards certified are maintained during the event. 65. All
public-address systems shall be under the control of the PLH or nominated
representative so that broadcast messages can override the musical
entertainment and can be delivered clearly and audibly to all parts of the
site. 66. No
glass bottles or glass drinking receptacles will be permitted in the publicly
accessible areas and the PLH shall take such steps as reasonably practicable to
prevent persons bringing any glass items on to the site. Glass will be retained
behind bars and drinks decanted into plastic or polycarbonate vessels. Cans
will also be decanted. Limited amounts of glassware may be present in backstage
artist and hospitality areas, but the PLH will have in place measures to ensure
these are not brought into the main public entertainment areas. 67. Any
pyrotechnics/lasers will be signed off in advance by the relevant authorities
and stored so as to minimise any risk to the safety of those using the
premises. 68. Any
pyrotechnic displays will follow all current legislation guidance and will only
be undertaken by competent suppliers whose standards have been pre-vetted. 69. All
aspects of public safety will be discussed in advance with the relevant Key
Stakeholders during the SAG process. Full details of which will be outlined in
the ESMP. 70. Prior
to the event site opening to the public, members of the SAG will be invited to
carry out an inspection of the site. 71. Organisers to employ an independent water safety provider
in place of the RNLI or as well as; providers to
be agreed such as, Coast to Coast water safety, surf lifesaving association GB
and the local RNLI lifeguard supervisor providing water safety coverage for the
duration of the event and ensure that the local RNLI patrol are unimpeded by
the event and are able to provide their normal coverage. 72.
No event is to be held during spring tides and a comprehensive water safety
policy be in place and implemented. Medical and Welfare 73. The
PLH shall carry out a suitable and sufficient Medical Risk Assessment as well
as use HSG195 to determine the appropriate level of First Aid provision for the
events, such that there is no undue demand on National Health Service
resources. Full details will be provided in the Medical Plan and ESMP. 74.
Welfare facilities will be provided as outlined in the ESMP 75. A
Vulnerable Persons Policy will be submitted as part of the ESMP. 76. The
PLH shall make suitable arrangements to enable people with disabilities to
attend the events. Particular attention should be given to means of access and
egress, means of escape/evacuation in an emergency and the viewing facilities
for such persons. Waste Management/Toilets 77. Adequate
litter collection and disposal procedures will be in place both inside and
around the immediate vicinity of the event. The post event clean-up will be
planned and discussed in advance with the relevant Key Stakeholders to be as
time effective as possible. The scope of the post event clean will be agreed
with the Parks Team in advance of the event. 78.
Frequent waste collections and disposals will take place to prevent the
build-up of rubbish and/or combustible material which may present as a hazard. 79. Sufficient
sanitation will be provided in line with current guidance (The Purple Guide
2017) and outlined in the ESMP. 80. Adequate
sanitary provision will be put in place within the event and at agreed areas
externally in the immediate vicinity (if deemed necessary by the SAG). 81. No amplified music will
be played after 23:00. 82. An experienced and
suitably qualified Noise Management Consultant will be engaged to liaise with
Environmental Health Officers (EHO) to develop and implement the ESMP Noise
Management Plan (NMP). 83. The Music Noise Level
(MNL) at agreed surrounding noise sensitive premises shall not exceed an MNL of
up to 65dBA over a 15 minute period. 84. The Noise Management
Consultant will carefully monitor noise levels from the event to ensure that
noise levels from the event do not exceed these dB levels. All dB readings will
be made available to EHO with a full post event report being provided no later
than 14 days post event. 85. Local
residents will receive prior notification of each event including details of the
event timings (including sound checks). The distribution radius for the
notification letter will be agreed with the Local Authority. This is to include
local businesses that may be affected by attendees to the event during ingress
and egress. 86. A noise
"hotline" number will also be included to allow residents to contact
an event representative should they need to make a complaint during the event. 87. All calls to the noise hotline
will be logged and recorded and the pertinent information provided to the Noise
Management Consultant. 88. Where possible,
deliveries/collections from site will be undertaken at a reasonable time so as
to have minimal impact on local residents. 89. Signage
will be erected that will instruct event attendees to leave quietly so as not
to disturb local residents. 90. No adult entertainment
will be permitted. 91. A Challenge 25 Policy
will be in force at all bars on site. 92. Suitable signage will
be in place to inform customers of the Challenge 25 Policy. 93. Particular attention
will be paid to ID checks on entry to the site and bars. 94. Anyone under the age of
18 must be accompanied by an adult on entry to the site (See Event Management
Plan – Ticketing Plan for further details) 95. Where applicable and as
agreed by the SAG, suitably qualified/experienced child welfare professionals
(DBS checked) will be in attendance to assist with vulnerability/safeguarding
issues. 96. A lost/found
child/vulnerable persons policy will be submitted as
part of the ESMP. 97. Suitably
qualified medical personnel will be available to deal with any child-related issues
as appropriate. Reason
for decision: The Committee
noted representations received from the responsible authorities. The Committee
noted all the local resident representation and the representations made by the
local ward councillor. The committee
noted no representations had been received from Trading standards, Mid and West Wales fire authority, planning authority, child
protection, the local health board or immigration. The committee
took in to consideration the responsible authorities enhanced representations
as provided during the committee. It was noted
that the applicant had engaged with the responsible authorities prior to the
committee and modified conditions which promote the objectives had been
discussed, while also providing assurances and funding for SPS which
sufficiently satisfy the police to cause them to rescind their representations
and now support the application. It was noted
that again after prior negotiation and further applicant proposed modification of
the conditions the pollution division could support the application; on the
basis that all conditions are complied with and no breaches or nuisance arose
during the running of the event. If any such breaches were to arise then they
would deal with the event under their statutory powers. The licensing
authority further enhanced their representations and proposed significant
additional conditions with the view of promoting the safe running of the event in
line with the licensing objectives but requiring the applicants
early and continued engagement with the SAG. The committee
noted that the applicant acknowledged all representations and concerns by prior
engaging with all parties with a view of mitigating the representatives
concerns and running the event in line with licensing objectives and
selectivity choosing location appropriate artists. The applicant
also confirmed a willingness to work with local residents to assist in the
resolution of local issues emulating from the premises. The applicant
is open to engaging with the safety advisor group at an early stage and
acknowledged the benefits of a good working practices with all responsible
authorities. It was noted
that the applicant stated that they were content with the additional proposed
conditions, although while doing so they suggested that the modification
condition 9 to a 4 month notice period would make the proposed date unfeasible
and so an alternative date would likely need to be sought. The members took the
licensing authorities comment and proposals and the potential of an alternative
date into consideration. The members decided that on the balance a rise from 56
days to 3 months was proportionate in providing all parties additional time to
engage with the safety advisor group, while accommodating for the event to be
held on the proposed date and additionally aligning with the police comments to
have the ability to transfer already available bodies to the event should the
need arise. Therefore, the
members felt that the mitigation offered, with modification by way of inclusion
of some of the recommendations put forward by the licensing authority of
conditions 9, 11, 49, 71, 72 and being a one year licence were sufficient and
significant enough to alleviate remaining representations to promote the
licensing objectives. Right of
Appeal: Following
receipt of this notice you have a right of appeal to the Magistrates Court. An appeal must
be made in writing to the Chief Executive of the Justices for the Magistrates
Court within 21 days from the date of receipt of this notification.
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