Agenda item

Committee to consider the objection to a notification of a temporary event under section 104 of the Licensing Act 2003, report ENV916 from the Licensing Officer.

Decision

That the Sub-Committee agreed to allow the Temporary Events Notice to be granted as applied for.

The Vice-Chairman who was presiding over the meeting, made introductions and confirmed who was speaking in respect of the application before the Sub-Committee.  

The Licensing Officer presented the report which concerned an objection received in respect of a Temporary Event Notice for an event to be held in Great Gonerby for the sale of alcohol starting at 10:30 on 31 October 2025 and finishing at 11:30 on 1 November 2025.

Details of the TEN were contained within Appendix 1 to the report.  On the last date for consultation on the TEN an objection had been received from one of the statutory consultees, the Environmental Health Section in relation to public safety and this was appended to the report at Appendix 2.  No objections had been received from the Police.  If an objection related to a standard TEN, the licensing authority must hold a hearing to consider the objection (unless all parties agree that this is unnecessary).

The Officer from Environmental Health then gave a brief background to the work that was undertaken by the Section which included food hygiene, infectious diseases and health and safety.  The Officer also spoke about the joint safety group to which both North Kesteven and South Kesteven were partners and which he was the Co-Chair.  The Officer then spoke about the event which was held in 2024 which was a very popular event and raised funds in respect of Lincs Fire Aid.  The location of the event had changed to previous years together with the layout. The event management plan for the event in 2024 had been submitted late which gave little time for services to put plans in place such as the Emergency Services, Highways, East Midlands Ambulance Service (EMAS) and the Police as well as Environmental Health.  The Officer then spoke about issues that had taken place at the event in 2024 which was had led to an objection to the TEN being submitted on the grounds of public safety.   The Officer then referred to information that had been sought by Environmental Health Services in respect of the TEN, however the Legal Advisor indicated that as it was not part of the original objection to the TEN, the information could not be shared with the Committee.

Members then questioned the Officer about the new site location with one Member suggesting that the issues raised were more for the Safety Advisory Group rather than the Alcohol, Entertainment and Late Night Refreshment Sub-Committee.

The Applicant then made their representation and spoke about the number of years that they had been in business and the number of events that they had attended where there was no evidence of any undermining of the licensing objectives.  Reference was made to the previous years event and it was suggested that issues such as reducing the size of the bonfire and moving traders and barriers back would help increase public safety.

A questions was asked in respect of inebriated customers to which the applicant replied that they would not be served and they would follow the refusal policy and complete the necessary logs.

The Licensing Officer gave their closing statement and the options available to the Committee which were:

·       To allow the Temporary Event Notice being determined as applied for or

·       Reject the Temporary Event Notice as applied for and issue a Counter Notice, which prevented the applicant from selling alcohol.

The Objector to the TEN reiterated the concerns that they had about the safety aspect of the event which included the size of the bonfire, the change of layout of the event and the public disorder incident that had happened on the main road.

The Applicant had nothing to add.

(10:24 the Licensing Officers, objector and applicant left the meeting)

The Sub-Committee discussed the TEN before them having regard to all relevant documents and the representations made.  Members felt that no evidence had been presented to substantiate the concerns in respect of the sale of alcohol at the event and the undermining of the licensing objectives.   Members acknowledged the concerns raised but felt that these were more in respect of the safety of the event, not the sale of alcohol.  It was proposed and seconded that the application for the TEN be approved as applied for and on being put to the vote this was agreed.

(10:33 the Licensing Officers, objector and applicant returned to the meeting)

The Legal Advisor read out the Sub-Committees decision.

The Sub-Committee had read all the paperwork before them. They had heard from the Licensing Officer, Environmental Health and the Applicant.

Environmental Health presented their objection to the TEN providing information to the event from the previous year. They advised of safety issues from that event as detailed in their objection. In terms of alcohol sales, they advised there were no incidents relating to alcohol at previous events but that the sale of alcohol at this event would be likely to exacerbate safety concerns. They confirmed they had no issues with Zest brewery.

The Applicant advised they had run several events with the sale of alcohol and had no issues. They provided alcohol at the event last year and saw no evidence of intoxicated persons.

The Sub-Committee considered the options available to them being whether to allow or reject the notice as applied for. The Sub-Committee noted the objection and were of the view that the concerns expressed did not relate to the alcohol sales but to the event itself. No evidence of issues with alcohol sales from previous events was provided. The Sub-Committee further noted that Environmental Health could deal with the event itself under different legislation. The Sub-Committee were of the view that the was no evidence provided which would support a refusal of the TEN and they have therefore decided to allow the TEN as applied for.

There was a right of appeal to the Magistrates’ Court within 21 days of the licence decision being received.