Venue: The Executive Meeting Room - Third Floor, The Guildhall, Portsmouth. View directions
Contact: Democratic Services Email: Democratic@Portsmouthcc.gov.uk
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Appointment of Chair Minutes: Councillor Leo Madden was appointed Chair of this hearing. |
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Declarations of Members' Interests Minutes: No interests were declared. |
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Purpose The purpose of this report is for the committee to consider and determine a review application pursuant to section 52 of the Licensing Act 2003 ('the Act') and in respect of the following premises:
Mutiny in the Park, Mutiny Festival Summer Carnival, King George V Playing Field, Cosham.
The holder of the authorisation is recorded as Mutiny in the Park Limited.
The Committee is requested to determine the review application. Additional documents:
Minutes: The hearing procedure of Licensing Act 2003 applications for reviews of licences was followed.
Present:
Portsmouth City Council Peter Baulf, Legal Advisor Derek Stone, Principal Licensing Officer
Applicant for review Ed Elton, Solicitor (acting on behalf of Hampshire Police) Superintendent Bartoloemo, Hampshire Police PC Pete Rackham
Licence holders Clare Eames, Solicitor for Poppleston Allen (acting on behalf of the licence holder) Neil Roberts, Operations Manager for Mutiny Luke Betts, Events Director for Mutiny Simon Joynes, Noise Management Advisor Ian Baird, Health and Safety Advisor
Responsible Authorities Nickii Humphreys, Licensing Manager Rob Anderson-Weaver, Public Health Richard Lee, Environmental Health
Interested parties Cllr Linda Symes Mrs Sandra Patterson
DECISION In the matter of the Licensing Act 2003. In the matter of an application for review - Mutiny in the Park, Mutiny Festival, Summer Carnival, King George V Playing Field, Cosham.
The Committee has heard the representations of the licence holder, the relevant responsible authorities and the advocate acting upon behalf of the licence holder in addition the Committee has considered all the papers put before them along with the annexes attached to each document. The Committee has heard counsel for the police. The Committee note the positive comments from all today with respect to the current and ongoing working relationship.
This Committee is engaged by reason of referral back to the Committee by the relevant Responsible Authority Police seeking a review of the current licence.
The Responsible Authority (Police as the applicant Responsible Authority) assert that the licensee has failed in the administration of the licence to promote the licensing objectives with particular regard to the licensing objectives of prevention of crime and disorder, public safety and the protection of children from harm.
The above position is supported by the Licensing Authority who make representations with respect to the protection of children from harm. The Director of Children Families and Education has also submitted a representation with respect to the protection of children from harm.
Additional representations have been received from the Director of Public Health on the basis of protection of children from harm and also the prevention of crime and disorder., A representation from Environmental Health has also been received asserting a failure to deal with public nuisance via the level of noise.
A member of the public has also written into the Committee outlining the basis of a lack of support for the event. A councillor has submitted a supporting representation.
All representations are contained within Annex C to the Committee report.
The Committee look to all the Responsible Authorities but mainly the police for guidance and assistance in determining the effect of a licensing activity in terms of all the licensing objectives, but principally in terms of the police, prevention of crime and disorder - the Committee should but are not obliged to accept all reasonable and proportionate representations made by the police. The Committee take a similar view with respect to the representations made by the Licensing Department. The above stated the Committee have balanced ... view the full minutes text for item 91. |