Agenda item

Application for a Premises Licence - Licensing Act 2003.

Into The Wild Events Limited, Chiddinglye Farm, West Hoathly, RH19 4QS.

 

Minutes:

Introduction and outline of the report

Paul Thornton, Senior Licensing Officer introduced the application for Into the Wild Events Limited for the grant of a Premises Licence at Chiddinglye Farm, Selsfield Road, West Hoathly, RH19 4QS between 23August 2019 and 26 August 2019.  He noted that representations against the grant have been made by a Responsible Authority and members of the public.  Into the Wild is an outdoor camping, music and arts festival for the weekend of 23 – 26 August 2019.   He highlighted that the applicants have stressed that their events are drug and alcohol free.  The same event was held event last year and the premises licence is timed to that weekend only.

 

The Committee were advised that representations had been received from Mid Sussex District Council Environmental Protection Team and Mid Sussex District Council Licensing Authority.  Sussex Police, Mid Sussex District Council Licensing Authority and Environmental Protection Team have requested conditions.

 

The Senior Licensing Officer highlighted the following points from last year’s event: the contaminated water supply, poor control of food outlets,  alcohol being available outside the event from a third party, lack of confidence in the competence of the management team, the management team were evasive and failed to take appropriate actions. Representations were received from three local residents concerning public nuisance, the level of noise from the festival, defecation on and the blocking of the public footpath by tents and caravans.  It was stressed that any matters concerning events at Patricks Barn were to be ignored as they are not related to this application.  The required consultation has been held and the advertisement for the application was placed in the East Grinstead Courier. 

 

He reminded the Committee that they must determine the application in accordance with the Licensing Act 2003 (LA03), Mid Sussex District Council Licensing Policy and the Home Office Guidance issued under Section 182 Licensing Act 2003, whilst having due regard to the applicant’s submissions and relevant representations which were not vexatious.  In considering the application the Committee could grant the licence, amend or add conditions, exclude from the scope of the licence any of the licensable activities to which the application relates or to reject the application.  He confirmed that relevant representations must address the four licensing objectives of the Prevention of Crime and Disorder, Promotion of Public Safety, Prevention of Public Nuisance and the Prevention of Harm to children and young persons. Into the Wild must have a premises licence to lawfully hold the event, and could be fined an unlimited amount if the event was held without a licence.  If the Committee rejected the application Into the Wild could appeal in the Magistrates Court.

 

There were no questions to the Senior Licensing Officer.

 

Submission by the Applicant

Mr Huw Williams, Director Into the Wild, confirmed that they had changed their original management team.   Since last year’s event specialist consultants for health and safety, and food safety have been employed.  A new company, Liquiline Limited have been contracted to provide the water supply and they have experience working at large and bigger outdoor events.   He summarised the issues from the last festival.  When the contaminated water supply was discovered on Saturday morning Mid Sussex District Council visited the site and advised them to turn off the water supply and bottled water was shipped in. Mr Williams noted that Southern Water had concluded that there was no problem with the mains water.  The problem was in the pipes provided by the contractor.  The contractor had failed to provide samples for testing or accept responsibility.  He confirmed that he had not been aware that one food outlet had located a spring to use as washing up water, and its use had not been authorised.  They provided the food outlet with bottled water for washing up.  This food outlet is no longer used at festivals.  A competent alternative provider has been contracted who regularly attends larger festivals.  He stated that an event in Cowden this May had been held with no problems.  Into the Wild had organised events for five years with no previous problems.  He advised the Committee that they were advised to apply three months before the festival date and should have submitted the application earlier.   He had used the Event Management Plan from last year, as feedback had been received that it was very thorough.  However, since submission it had been updated several times.

 

John Warburton, Production Manager confirmed that the Event Management Plan had been updated further since the Senior Licensing Officer’s report had been written, it was available online and updated extracts were available at the meeting.  He was aware that any changes to accommodate expectations of the neighbours should be agreed with the Licensing Authority. 

 

Mr Williams highlighted that he did not believe they should have the same problems this year as there is a new management team. He stressed that Into the Wild wants the event to be as safe as possible and they have learnt from last year.  Their ethos is to support families to enjoy nature and have a positive experience in a safe and supportive environment.

 

Submission by the Interested Parties

David Duke, resident of the Apple Store, West Hoathly stated his house was a noise sensitive premises as it is only 500 metres from Chiddinglye Farm.  In his email of 18 June he accepted that what he said was hearsay and that some matters raised were inadmissible. He was happy that Ms Scott Gordon and Mr Warburton had visited his property to take noise reading from the Garden House around 9pm.  He confirmed receipt of a lengthy report and stated he would rely on the environment protection team’s understanding of the report.  He had received a copy of the noise management plan that morning.  He noted the public contact helpline on page 8 and that a noise monitoring team from the event company will attend his property to take readings.  He expressed concerns over the lack of cooperation from the management team with last year’s event.  He hoped for close cooperation with the event organiser, production team and environmental protection team to deal with any complaints should a licence be issued for this year’s event.

 

Mr Francis Wright, resident of the Garden House, Selsfield Road stated that last year the noise from the festival was very loud.  It did not get quieter at 11pm and the music did not stop until after midnight.  He would be away this year, but family members would be in the house. He noted that the organisers have looked carefully at noise this year and he said he did not understand the report on noise readings taken recently from his property.  He did not want the noise to be intrusive in his garden during the day and at night to prevent sleep.

 

Mr Morris spoke on behalf of Mrs Rebecca Osman, resident of East Manor, Selsfield Road he noted that the applicant had the ability to write a good Event Management Plan but that the action taken by the management team last year was deficient. He asked whether the Committee had confidence in the event management plan for this year, and if it would prevent similar occurrences to last year.  He noted that there was only one route for public access / egress into the festival site.  He confirmed that the local residents and neighbours to the site had not been notified, but had seen the notice for the application.  He queried why the event had been moved from the previous site in Forest Row.

 

Submission by the Environmental Protection Officer

The Chairman asked Oliver Benson, Environmental Protection Officer to provide the Committee with an explanation of noise levels and what the levels represent in terms of everyday activities. The Officer highlighted that noise breakout is hard to control at outdoor events. Guidance for outdoor events is outlined in the Code of Practise of Environmental noise control and concerts.  The event has adopted a level meant for 4 to 12 events days a year, which is 15 decibels (dB) above the background noise, as this better takes into account the low background of the area.  If this criteria was used in a town or city, the level of music allowed would be much louder, as it is based on the regular noise level for that area.    A reading of 37dB was recorded at the Garden House, so they would be looking at a level of 52dB.  He confirmed that 37dB is similar a library or rural countryside.  52dB would be similar to low level conversation.  The noise from the festival would be heard in the garden of Garden House during the day. However, the Council must take a balanced approach when deciding this application.

 

In response to the Chairman’s question he stated that the background noise of passing traffic depends on the road classification, an “A” road could record a level of 70 – 80 dB and a country lane could be much lower.

 

In explaining the recording of decibel levels the Environment Protection Officer confirmed that an average level is calculated by taking a reading over a 15 minute period, as you would get spikes in the levels recorded.  There are three bands (a, b and c), a and c bands relate to human hearing, and humans don’t hear low bands very well.  The officer confirmed that L90 is the background noise level that is exceeded for 90% of the time when the measurement was taken, and that this would be used for measurements prior to the event.  L10 is the noise level exceeded for 10% of the measurement duration.  LAeq is similar to an average level of the noise over a time period, and this is what will be used to take measurements during the event. He advised that decibels are calculated on a logarithmic scale and 15db above background could be audible and cause irritation.

 

Questions by the Committee

In response to the Chairman’s question the officer noted that the applicant’s noise monitoring team should take readings at regular specific time intervals and take readings at set locations.  While it was suggested this should be done hourly, the officer didn’t want strict conditions as this may prevent the team on the day spending more time at specific areas that become more problematic.  

 

Mr Williams advised the Committee that they were not promoting a music festival and the event consisted mostly of workshops.  The festival had been reconfigured on the site.  The stage would now face away from the noise sensitive properties and the camping and healing areas.  He confirmed they would not have a disc jockey.  The main tent music would have a   different type of music after 11pm, no drums or bass.  The music on Sunday night would be folk music and the loudest music would be on Friday up to 11pm.    Last year groups had been drumming around the fires but they stopped when as to do so. H reiterated that the event attracts lots of families, with children under 5, who don’t want loud music. 

 

Mr Warburton confirmed that another sound meter would be used by a qualified person to regularly monitor noise levels to protect the hearing of the ticket holders.  Their policy was for stewards to move people back from the amplifiers / sources of music in the same way as any competent organiser would do.  Mr Warburton also advised that the event will use digital parametric equalisers which would be used to adjust the frequencies and reduce the bass level.  This equipment gives the sound operators control over the different sound ranges. 

 

The Environment Protection Officer noted thatwhile the lower frequencies are usually not heard well by humans, they are the ones that travel best and lead to bass being heard in neighbouring homes.

 

When asked by a Member if Mr Wright could hear the drumming late in the evening, he had no recollection, but he remembered loading an App on his phone at 11pm to monitor the noise levels.  Mr Williams advised they did not encourage people to bring percussion instruments and when drumming activities started they asked them to stop at 10pm.  He confirmed it was a small minority and the music area was now away from the residents’ properties.

 

Mr Morris noted that Mrs Osman’s email mentioned excessive noise and a public nuisance.  The drumming did not stop at 10pm, as stated in the Event Management Plan, the activity increased along with noise from the festival attendees. She is concerned about noise levels at this year’s festival.

 

Adrian Bristow, Health and Safety Consultant advised the Committee that “ultra-silent generator” is a standard industry term.  He went on to say that the generator is constructed in a sound proofed box to reduce the noise emitted from the engine and they perform well even in extremely hot weather.  He noted that noise is a challenging issue.

 

The Environment Protection Officer confirmed that prior to the event Mr Warburton will provide background noise measurements and readings from the event.  Post event further readings from the event will be provided.  The Environment Protection Team will also undertake their own monitoring at a specific representative time during the event and have agreed to install monitoring equipment in one of the noise sensitive homes over the duration of the event.

 

A Member asked how many more versions of the Event Management Plan and the Noise Management Plan existed.  Mr Bristow stated the Event Management Plan is a live document and there had been an issue with the timescale of the late application.  He had joined the management team late and would have updated the plan earlier.  He advised he would be making further amends following recent talks with the public and Mid Sussex District Council.  If the licence was granted, he would finalise the Event Management Plan in one week’s time. 

 

The Senior Licensing Officer advised the Committee that this was the third event where Into the Wild had applied for a licence for (one in Wealden and two in the Mid Sussex District).  He confirmed that the application for last year’s event was received on 12 June 2018.  As no representations had been received by the Licensing Team a hearing was not required.  The 28 day consultation ended in the middle of July 2018 and Mr Williams had been given some advice.  The application for this year had been received on 27 May and tickets have been on sale and sold since March. The Licensing Team had expected to see the application with the first Event Management Plan six months ago.  The Senior Licensing Officer noted that his report included version 22, with the further latest version being available online, but the link does not work.  He emphasised that the Committee had to determine a premises licence for an event starting in four weeks. 

 

The Chairman noted that the Committee can only make a decision on the papers they have received and that they would need assurances that any changes requested would in fact be implemented before and during the event.

 

Mr Williams apologised because he had not sent the application in earlier; a version of the Event Management Plan had been ready in January. 

 

Mr Bristow stated that a chain of command does not work for an event of this nature; a revised chart was produced which is a practical device for onsite communication. He noted that to address concerns from last year’s event there was a manager responsible for each area. 

 

The Chairman noted that some of the people had the same responsibility as last year and they had failed in their responsibility.  He asked how the Event Management Plan would work better this year.  Mr Bristow confirmed that he and Mr Saxon are competent specialist consultants and they would provide suitable monitoring and supervision of the event staff.  Mr Williams noted that the steward manager had changed; the staffing appointments were more robust and professional. The team had more staff to support key personnel.

 

Mr Williams confirmed that they had used the same management team for an event at Cowden in May.  It had been a test run for this event and they had used the new water supplier and food outlet.  They had not received any complaints from the local council or residents. He confirmed that Liquiline Limited would be solely responsible for the supply of safe drinking water and the food safety consultant would oversee them.  He noted that 1,500 people, staff and ticket holders had attended that event and this year they anticipated 3,000 to 4,000 people attending Into the Wild.  This would be fewer people than last year and the limit for the licence is 4,499.

 

Mr Williams advised the Committee that the company had built its reputation on running alcohol and drug free events which made single women and families feel safer.  The ticket holders are people who are conscious about health and wellbeing, many do not drink alcohol.  Ms Scott Gordon, Production Manager, advised that the website has a FAQ section and all ticket holders are sent an email 10 days before the event providing useful information and reminding them of the no alcohol rule.

 

A Member asked how they would prevent alcohol entering the site.  Mr Williams confirmed that it was advertised as an alcohol free event, staff would be diligent and if alcohol was spotted, they would ask the people to dispose of it.  It had been a major issue previously, but it would be obvious if someone was drunk and disruptive. Security would ask such people to leave.  Mr Warburton noted it was part of the ticket and security briefing, to ask visitors if they have alcohol. Mr Williams repeated that consumption of alcohol is against the ethos of the festival. 

 

The Chairman moved onto the Welfare Policy and medical cover provided by Kent Event Medical Services.  He asked for an assurance that they are a large enough organisation to deal with the maximum possible number of attendees at the festival. Mr Williams stated the company had provided medical cover for their last three events.  The company provided paramedics, an ambulance and a response car; they out-source experienced staff.  They had not encountered any problems. 

 

The Licensing, Food and Safety Team Leader Officer confirmed that the medial questionnaires had not been received nor any reports of illness at last year’s event.  He advised that the contaminated water supply had been very serious and could have caused fatalities.  Their overriding concern was how the event would be managed by the team on the day and issues handled correctly.  Mr Williams advised that Kent Event Medical Services had sent the information on 37 cases of sickness and diarrhoea to the Council in September.  This number was slightly above that expected for an event this large and it was seen as a possible reason to cause closure of the event. 

 

The Chairman asked what changes had been made to ensure immediate responsiveness as issues happened and what had the applicant done to ensure an improved response at the next event.  He asked whether Kent Event Medical Services had the required skills to satisfy the legal requirements and the Committee needed reassurance that they are suitably qualified. Mr Bristow advised that data protection in the area of medical records is problematic and Kent Event Medical Services had sent a letter noting what they could not provide. Mr Williams advised the Committee he would request the medial questionnaires again.  The Licensing, Food and Safety Team Leader confirmed they had been concerned over the E-coli outbreak.  The Licensing, Food and Safety Team Leader needed reassurance that the organisational structure of the event would ensure compliance of all staff and that they would take appropriate action.  He repeated his concern about whether enough action had been taken to ensure the safety of the public attending the event.

 

In response to a Member’s question Mr Warburton confirmed that last year 4,000 leaflets were printed and distributed within one hour to highlight the problem with the water supply.  They also had loud halers on site and 100 two-way radios to quickly contact staff.

 

The Chairman noted the delay in providing the bottled water and Mr Williams advised that emergency tankers had been on standby, but that another event had taken priority.  The bottled water had been ordered immediately and arrived as quickly as possible.  They had followed the recommendations as quickly as possible or the event would have had to close. 

 

In response to a question on the Management Team’s ability to respond quickly to incidents Mr Williams replied he was happy with the revised management team and confident they would to make the relevant decision quickly. Ms Scott Gordon confirmed that decision making duties were now clearly laid out in case Mr Williams is not available and the responsibility is shared between staff.

 

Mr Warburton advised their policy was for a unified communications system.  There is a new communications supplier and the system has been organised as a single unit with a repeater station on top of a farm building.  There is one channel for communications and a second channel for emergency use; hence an operational channel will be available at all times.

 

The Chairman asked what training the stewards had prior to the event and their knowledge of the site.  Ms Scott Gordon confirmed that Fiona Morley, Chief Steward is in communication with all the stewards and is copied in on all communications.  There would be a mandatory meeting, some staff had worked at the site before and all staff had to familiarise themselves with the site. The Production Manager noted that their duties would not include parking as a professional company had been hired for this year.   She confirmed that the stewards had already had the Disclosure and Barring Checks (DBS) completed before they were hired and this was the responsibility of the children’s play area provider.  Mr Warburton noted that the policy stated that two staff members must be present to look after left children, lost children and vulnerable people, and they must have been DBS checked.  All Stewards are volunteers but if necessary, they would be removed from the event. It was highlighted that any unsociable behaviour is dealt with promptly. The Chairman asked if there was screening of the staff that are required to be present overnight, Ms Scott Gordon advised no but he felt it could be done if required.

 

Mr Williams advised the Committee that they could not close the public footpaths through the site, but access would be monitored and people without wrist bands would be asked to keep to the footpaths or leave the site. Ms Scott Gordon noted that the Chief Steward has pre-production and production briefings with stewards and other key staff to ensure they work effectively together.  The Committee were advised that the main role of the stewards is to provide information, welfare and to support the event on a practical level.  Security guards will be at the gate, music tent and roaming the site.  He advised they will take charge if anti-social behaviour occurs.  Into the Wild have worked with them for many years and they are very experienced. 

 

With regard to the impact on traffic on the main road Mr Williams advised that they were focusing on the traffic at the entrance to the site.  There is a holding area to prevent tailbacks on the road and the traffic management team will minimise any disturbance to the neighbours.

 

The Committee recessed at 12.45pm for lunch and the meeting resumed at 1.30pm.

 

In response to a Member’s question on defaecation in public spaces Mr Williams advised that last year their toilet facilities exceeded the recommended minimum requirement in The Purple Guide. The facilities are in blocks with 55 toilets, 2 accessible toilets and 12 showers, and the shower blocks will not be open 24 hours a day.  The website advises ticket holders to use the facilities provided and he received no reports of any problems during the event last year. Ms Scott Gordon added that an incident of defaecation did occur after the event had finished although the toilet facilities were still available on site. 

 

Mr Williams confirmed that the caterers have been selected to cater for a variety of tastes. They all have high food safety ratings from their local councils and relevant qualifications. He confirmed that the unregistered caterer last year was a family member and caterers had to be legally registered if they wished to sell food at this year’s event.  He noted he had checked with a neighbouring authority last year but it was not Mid Sussex District Council.  All supplies used by the caterers would be recyclable or eco products.  It was confirmed that the list of caterers would be finalised on Friday 2 August.

 

Members questioned the applicant on how crime would be dealt with. Mr Williams advised that ticket holders should contact the information tent.  The security team would then be contacted by radio and would deal with the incident, including searching the site or contacting the Police if the victim requested it.  There have been no reports about crime at last year’s event to date.  Mr Warburton confirmed that all security are SIA trained and know that the preservation of evidence it vital.

 

Ms Scott Gordon advised that the stewards would cease work at 11pm.  It was noted that security would be on site 24 hours a day with two or three teams, some stationed in the production tent.  Security would be vigilant at night and always provide escorts for those staff carrying cash.  Mr Williams confirmed that Event Safety Alliance run events across the country and have a good reputation, and some staff have worked at this event previously.

 

Members discussed future changes to the Event Management Plan and the applicant agreed to use “track changes” or colour code any alterations so they could be easily identified.  Mr Warburton confirmed the principle of liaising with the Licensing Authority and that all changes are to be agreed in writing. 

 

The Senior Licensing Officer noted that changes were still being made to the Event Management Plan four weeks before the festival.   He stated that the Committee did not have the current version of the Plan. He acknowledged the EMP was a living document but did not expect, at this stage, to see major changes to it.

 

Mr Williams confirmed that he was 100% confident in the crew and that they can produce a safe, well run event.  They had dealt well with any issues last year except for the issue with water supply and the officers were happy with the changes they had made. Last year had been challenging but a positive learning experience.  They had made many changes.  There have been no major problems for the last 5 years.  They had received two or three complaints last year but many visitors had returned to the event.  Mr Warburton confirmed that they had undertaken a comprehensive risk assessment using national guidance and acceptable practice; risk to festival attendees, given recent changes, was as close as practicable to zero of anything troublesome taking place.

 

Members commented on the de-briefing session held by the Council and noted the applicant should have ensured he received the notes of the meeting promptly. 

 

The Chairman noted the Estate Manger had not returned to the meeting after the lunch break.  He asked if there were any further comments from the applicant.

 

Mr Williams reminded the Committee that they had learnt from their mistakes and would make the event as safe as possible. He highlighted that the site was close to the South of England Show Ground and the roads do become congested with traffic.  However, this is a smaller event.

 

As there were no further questions the Chairman adjourned the meeting at 2.15pm so the Committee could deliberate.

 

The meeting resumed at 3.28pm.

 

The Chairman advised the applicant that legislation discouraged tabling documentations on the day of the meeting and that the event organiser should be aware of their responsibilities under the current legislation. He confirmed the considerable efforts they had made to interact constructively with the neighbours including reconfiguring the site layout with regard to noise issues.  He acknowledged the managerial changes, the procurement of a new water supplier and food outlet, and arrangements to monitoring sound levels during the event. 

 

The revised conditions agreed by the Committee were handed out and read by the Chairman:

 

1. The Premises Licence Holder shall produce the revised Event Management Plan (EMP) for the Licensable activity proposed at the premises. 

 

2. No licensable activities otherwise authorised by this Licence, shall take place unless the EMP is submitted to the Licensing Authority and the responsible authorities no later than midday on Monday 5 August 2019.

 

3. Any subsequent alterations to the EMP prior to the event must be agreed by the

Licensing Authority and/or the relevant responsible authority

 

4. Any deviation from the EMP which takes place during the event must only be undertaken with the specific authority of the licence holder/event organiser in an emergency situation and will be notified to the local authority and the relevant responsible authority as soon as possible.

 

5. Any drumming activities will cease at 22.00 and all music should cease at 23.30.

 

He advised that a debriefing meeting should be held within 6 weeks of the event and expected officers to circulate minutes within 15 working days of the meeting taking place. 

 

He thanked everyone for their contributions and involvement.

 of the event and expected officers to circulate minutes within 15 working days of the meeting taking place. 

 

He thanked everyone for their contributions and involvement.

Introduction and outline of the report

 

Paul Thornton, Senior Licensing Officer introduced the application for Into the Wild Events Limited for the grant of a Premises Licence at Chiddinglye Farm, Selsfield Road, West Hoathly, RH19 4QS between 23August 2019 and 26 August 2019.  He noted that representations against the grant have been made by a Responsible Authority and members of the public.  Into the Wild is an outdoor camping, music and arts festival for the weekend of 23 – 26 August 2019.   He highlighted that the applicants have stressed that their events are drug and alcohol free.  The same event was held event last year and the premises licence is timed to that weekend only.

 

The Committee were advised that representations had been received from Mid Sussex District Council Environmental Protection Team and Mid Sussex District Council Licensing Authority.  Sussex Police, Mid Sussex District Council Licensing Authority and Environmental Protection Team have requested conditions.

 

The Senior Licensing Officer highlighted the following points from last year’s event: the contaminated water supply, poor control of food outlets,  alcohol being available outside the event from a third party, lack of confidence in the competence of the management team, the management team were evasive and failed to take appropriate actions. Representations were received from three local residents concerning public nuisance, the level of noise from the festival, defecation on and the blocking of the public footpath by tents and caravans.  It was stressed that any matters concerning events at Patricks Barn were to be ignored as they are not related to this application.  The required consultation has been held and the advertisement for the application was placed in the East Grinstead Courier. 

 

He reminded the Committee that they must determine the application in accordance with the Licensing Act 2003 (LA03), Mid Sussex District Council Licensing Policy and the Home Office Guidance issued under Section 182 Licensing Act 2003, whilst having due regard to the applicant’s submissions and relevant representations which were not vexatious.  In considering the application the Committee could grant the licence, amend or add conditions, exclude from the scope of the licence any of the licensable activities to which the application relates or to reject the application.  He confirmed that relevant representations must address the four licensing objectives of the Prevention of Crime and Disorder, Promotion of Public Safety, Prevention of Public Nuisance and the Prevention of Harm to children and young persons. Into the Wild must have a premises licence to lawfully hold the event, and could be fined an unlimited amount if the event was held without a licence.  If the Committee rejected the application Into the Wild could appeal in the Magistrates Court.

 

There were no questions to the Senior Licensing Officer.

 

Submission by the Applicant

Mr Huw Williams, Director Into the Wild, confirmed that they had changed their original management team.   Since last year’s event specialist consultants for health and safety, and food safety have been employed.  A new company, Liquiline Limited have been contracted to provide the water supply and they have experience working at large and bigger outdoor events.   He summarised the issues from the last festival.  When the contaminated water supply was discovered on Saturday morning Mid Sussex District Council visited the site and advised them to turn off the water supply and bottled water was shipped in. Mr Williams noted that Southern Water had concluded that there was no problem with the mains water.  The problem was in the pipes provided by the contractor.  The contractor had failed to provide samples for testing or accept responsibility.  He confirmed that he had not been aware that one food outlet had located a spring to use as washing up water, and its use had not been authorised.  They provided the food outlet with bottled water for washing up.  This food outlet is no longer used at festivals.  A competent alternative provider has been contracted who regularly attends larger festivals.  He stated that an event in Cowden this May had been held with no problems.  Into the Wild had organised events for five years with no previous problems.  He advised the Committee that they were advised to apply three months before the festival date and should have submitted the application earlier.   He had used the Event Management Plan from last year, as feedback had been received that it was very thorough.  However, since submission it had been updated several times.

 

John Warburton, Production Manager confirmed that the Event Management Plan had been updated further since the Senior Licensing Officer’s report had been written, it was available online and updated extracts were available at the meeting.  He was aware that any changes to accommodate expectations of the neighbours should be agreed with the Licensing Authority. 

 

Mr Williams highlighted that he did not believe they should have the same problems this year as there is a new management team. He stressed that Into the Wild wants the event to be as safe as possible and they have learnt from last year.  Their ethos is to support families to enjoy nature and have a positive experience in a safe and supportive environment.

 

Submission by the Interested Parties

David Duke, resident of the Apple Store, West Hoathly stated his house was a noise sensitive premises as it is only 500 metres from Chiddinglye Farm.  In his email of 18 June he accepted that what he said was hearsay and that some matters raised were inadmissible. He was happy that Ms Scott Gordon and Mr Warburton had visited his property to take noise reading from the Garden House around 9pm.  He confirmed receipt of a lengthy report and stated he would rely on the environment protection team’s understanding of the report.  He had received a copy of the noise management plan that morning.  He noted the public contact helpline on page 8 and that a noise monitoring team from the event company will attend his property to take readings.  He expressed concerns over the lack of cooperation from the management team with last year’s event.  He hoped for close cooperation with the event organiser, production team and environmental protection team to deal with any complaints should a licence be issued for this year’s event.

 

Mr Francis Wright, resident of the Garden House, Selsfield Road stated that last year the noise from the festival was very loud.  It did not get quieter at 11pm and the music did not stop until after midnight.  He would be away this year, but family members would be in the house. He noted that the organisers have looked carefully at noise this year and he said he did not understand the report on noise readings taken recently from his property.  He did not want the noise to be intrusive in his garden during the day and at night to prevent sleep.

 

Mr Morris spoke on behalf of Mrs Rebecca Osman, resident of East Manor, Selsfield Road he noted that the applicant had the ability to write a good Event Management Plan but that the action taken by the management team last year was deficient. He asked whether the Committee had confidence in the event management plan for this year, and if it would prevent similar occurrences to last year.  He noted that there was only one route for public access / egress into the festival site.  He confirmed that the local residents and neighbours to the site had not been notified, but had seen the notice for the application.  He queried why the event had been moved from the previous site in Forest Row.

 

Submission by the Environmental Protection Officer

The Chairman asked Oliver Benson, Environmental Protection Team, to provide the Committee with an explanation of noise levels and what the levels represent in terms of everyday activities. The Officer highlighted that noise breakout is hard to control at outdoor events.  Outdoor events are measured at levels of 15 decibels (dB) above the background noise, which would be louder in the countryside.  A reading of 37dB was recorded at the Garden House, so they would be looking at a level of 52dB.  He confirmed that 37dB is similar to low level conversation.  The noise from the festival would be heard in the garden of Garden House during the day. However, the Council must take a balanced approach when deciding this application.

 

In response to the Chairman’s question he stated that the background noise of passing traffic depends on the road classification, an “A” road could record a level of 70 – 80dB and a country lane could be lower.

 

In explaining the recording of decibel levels the Environment Protection Officer confirmed that an average level is calculated by taking a reading over a 15 minute period, as you would get spikes in the levels recorded.  There are three bands (a, b and c), a and c bands relate to human hearing, and humans don’t hear low bands very well.  The officer confirmed that L90 is the background noise level for 90% of the time when the measurement was taken and this would be an anticipated level before the event.  L10 is when the noise level is exceeded for 10% of the time of the measurement duration.  He advised that decibels are calculated on a logarithmic scale and 15db above background could be audible or irritating. 

 

Questions by the Committee

In response to the Chairman’s question the officer noted that the applicant’s noise monitoring team should take readings at regular specific time intervals and take readings at set locations. 

 

Mr Williams advised the Committee that they were not promoting a music festival and the event consisted mostly of workshops.  The festival had been reconfigured on the site.  The stage would now face away from the noise sensitive properties and the camping and healing areas.  He confirmed they would not have a disc jockey.  The main tent music would have a   different type of music after 11pm, no drums or bass.  The music on Sunday night would be folk music and the loudest music would be on Friday up to 11pm.    Last year groups had been drumming around the fires but they stopped when as to do so. H reiterated that the event attracts lots of families, with children under 5, who don’t want loud music. 

 

Mr Warburton confirmed that another sound meter would be used by a qualified person to regularly monitor noise levels to protect the hearing of the ticket holders.  Their policy was for stewards to move people back from the amplifiers / sources of music in the same way as any competent organiser would do.  Mr Warburton also advised that the event will use digital parametric equalisers which would be used to adjust the frequencies and reduce the bass level.  This equipment gives the sound operators control over the different sound ranges. 

 

The Environment Protection Officer noted thatthe lower frequencies are the ones that travel well and the ones humans don’t hear very well.

 

When asked by a Member if Mr Wright could hear the drumming late in the evening, he had no recollection, but he remembered loading an App on his phone at 11pm to monitor the noise levels.  Mr Williams advised they did not encourage people to bring percussion instruments and when drumming activities started they asked them to stop at 10pm.  He confirmed it was a small minority and the music area was now away from the residents’ properties.

 

Mr Morris noted that Mrs Osman’s email mentioned excessive noise and a public nuisance.  The drumming did not stop at 10pm, as stated in the Event Management Plan, the activity increased along with noise from the festival attendees. She is concerned about noise levels at this year’s festival.

 

Adrian Bristow, Health and Safety Consultant advised the Committee that “ultra-silent generator” is a standard industry term.  He went on to say that the generator is constructed in a sound proofed box to reduce the noise emitted from the engine and they perform well even in extremely hot weather.  He noted that noise is a challenging issue.

 

The Environment Protection Officer confirmed that once the festival was over Mr Warburton will provide background noise measurements and readings from the event.  Into the Wild will undertake their own monitoring at specific set times during the event and monitoring equipment will be placed in one of the noise sensitive homes.

 

A Member asked how many more versions of the Event Management Plan and the Noise Management Plan existed.  Mr Bristow stated the Event Management Plan is a live document and there had been an issue with the timescale of the late application.  He had joined the management team late and would have updated the plan earlier.  He advised he would be making further amends following recent talks with the public and Mid Sussex District Council.  If the licence was granted, he would finalise the Event Management Plan in one week’s time. 

 

The Senior Licensing Officer advised the Committee that this was the third event where Into the Wild had applied for a licence for (one in Wealden and two in the Mid Sussex District).  He confirmed that the application for last year’s event was received on 12 June 2018.  As no representations had been received by the Licensing Team a hearing was not required.  The 28 day consultation ended in the middle of July 2018 and Mr Williams had been given some advice.  The application for this year had been received on 27 May and tickets have been on sale and sold since March. The Licensing Team had expected to see the application with the first Event Management Plan six months ago.  The Senior Licensing Officer noted that his report included version 22, with the further latest version being available online, but the link does not work.  He emphasised that the Committee had to determine a premises licence for an event starting in four weeks. 

 

The Chairman noted that the Committee can only make a decision on the papers they have received and that they would need assurances that any changes requested would in fact be implemented before and during the event.

 

Mr Williams apologised because he had not sent the application in earlier; a version of the Event Management Plan had been ready in January. 

 

Mr Bristow stated that a chain of command does not work for an event of this nature; a revised chart was produced which is a practical device for onsite communication. He noted that to address concerns from last year’s event there was a manager responsible for each area. 

 

The Chairman noted that some of the people had the same responsibility as last year and they had failed in their responsibility.  He asked how the Event Management Plan would work better this year.  Mr Bristow confirmed that he and Mr Saxon are competent specialist consultants and they would provide suitable monitoring and supervision of the event staff.  Mr Williams noted that the steward manager had changed; the staffing appointments were more robust and professional. The team had more staff to support key personnel.

 

Mr Williams confirmed that they had used the same management team for an event at Cowden in May.  It had been a test run for this event and they had used the new water supplier and food outlet.  They had not received any complaints from the local council or residents. He confirmed that Liquiline Limited would be solely responsible for the supply of safe drinking water and the food safety consultant would oversee them.  He noted that 1,500 people, staff and ticket holders had attended that event and this year they anticipated 3,000 to 4,000 people attending Into the Wild.  This would be fewer people than last year and the limit for the licence is 4,499.

 

Mr Williams advised the Committee that the company had built its reputation on running alcohol and drug free events which made single women and families feel safer.  The ticket holders are people who are conscious about health and wellbeing, many do not drink alcohol.  Ms Scott Gordon, Production Manager, advised that the website has a FAQ section and all ticket holders are sent an email 10 days before the event providing useful information and reminding them of the no alcohol rule.

 

A Member asked how they would prevent alcohol entering the site.  Mr Williams confirmed that it was advertised as an alcohol free event, staff would be diligent and if alcohol was spotted, they would ask the people to dispose of it.  It had been a major issue previously, but it would be obvious if someone was drunk and disruptive. Security would ask such people to leave.  Mr Warburton noted it was part of the ticket and security briefing, to ask visitors if they have alcohol. Mr Williams repeated that consumption of alcohol is against the ethos of the festival. 

 

The Chairman moved onto the Welfare Policy and medical cover provided by Kent Event Medical Services.  He asked for an assurance that they are a large enough organisation to deal with the maximum possible number of attendees at the festival. Mr Williams stated the company had provided medical cover for their last three events.  The company provided paramedics, an ambulance and a response car; they out-source experienced staff.  They had not encountered any problems.  

 

The Licensing Authority Officer confirmed that the medial questionnaires had not been received nor any reports of illness at last year’s event.  He advised that the contaminated water supply had been very serious and could have caused fatalities.  Their overriding concern was how the event would be managed by the team on the day and issues handled correctly.  Mr Williams advised that Kent Event Medical Services had sent the information on 37 cases of sickness and diarrhoea to the Council in September.  This number was slightly above that expected for an event this large and it was seen as a possible reason to cause closure of the event. 

The Chairman asked what changes had been made to ensure immediate responsiveness as issues happened and what had the applicant done to ensure an improved response at the next event.  He asked whether Kent Event Medical Services had the required skills to satisfy the legal requirements and the Committee needed reassurance that they are suitably qualified. Mr Bristow advised that data protection in the area of medical records is problematic and Kent Event Medical Services had sent a letter noting what they could not provide. Mr Williams advised the Committee he would request the medial questionnaires again.  The Licensing Authority Officer confirmed they had been concerned over the E-coli outbreak.  The Licensing Authority needed reassurance that the organisational structure of the event would ensure compliance of all staff and that they would take appropriate action.  He repeated his concern about whether enough action had been taken to ensure the safety of the public attending the event.

In response to a Member’s question Mr Warburton confirmed that last year 4,000 leaflets were printed and distributed within one hour to highlight the problem with the water supply.  They also had loud halers on site and 100 two-way radios to quickly contact staff.

 

The Chairman noted the delay in providing the bottled water and Mr Williams advised that emergency tankers had been on standby, but that another event had taken priority.  The bottled water had been ordered immediately and arrived as quickly as possible.  They had followed the recommendations as quickly as possible or the event would have had to close. 

 

In response to a question on the Management Team’s ability to respond quickly to incidents Mr Williams replied he was happy with the revised management team and confident they would to make the relevant decision quickly. Ms Scott Gordon confirmed that decision making duties were now clearly laid out in case Mr Williams is not available and the responsibility is shared between staff.

 

Mr Warburton advised their policy was for a unified communications system.  There is a new communications supplier and the system has been organised as a single unit with a repeater station on top of a farm building.  There is one channel for communications and a second channel for emergency use; hence an operational channel will be available at all times.

 

The Chairman asked what training the stewards had prior to the event and their knowledge of the site.  Ms Scott Gordon confirmed that Fiona Morley, Chief Steward is in communication with all the stewards and is copied in on all communications.  There would be a mandatory meeting, some staff had worked at the site before and all staff had to familiarise themselves with the site. The Production Manager noted that their duties would not include parking as a professional company had been hired for this year.   She confirmed that the stewards had already had the Disclosure and Barring Checks (DBS) completed before they were hired and this was the responsibility of the children’s play area provider.  Mr Warburton noted that the policy stated that two staff members must be present to look after left children, lost children and vulnerable people, and they must have been DBS checked.  All Stewards are volunteers but if necessary, they would be removed from the event. It was highlighted that any unsociable behaviour is dealt with promptly. The Chairman asked if there was screening of the staff that are required to be present overnight, Ms Scott Gordon advised no but he felt it could be done if required.

 

Mr Williams advised the Committee that they could not close the public footpaths through the site, but access would be monitored and people without wrist bands would be asked to keep to the footpaths or leave the site. Ms Scott Gordon noted that the Chief Steward has pre-production and production briefings with stewards and other key staff to ensure they work effectively together.  The Committee were advised that the main role of the stewards is to provide information, welfare and to support the event on a practical level.  Security guards will be at the gate, music tent and roaming the site.  He advised they will take charge if anti-social behaviour occurs.  Into the Wild have worked with them for many years and they are very experienced. 

 

With regard to the impact on traffic on the main road Mr Williams advised that they were focusing on the traffic at the entrance to the site.  There is a holding area to prevent tailbacks on the road and the traffic management team will minimise any disturbance to the neighbours.

 

The Committee recessed at 12.45pm for lunch and the meeting resumed at 1.30pm.

 

In response to a Member’s question on defaecation in public spaces Mr Williams advised that last year their toilet facilities exceeded the recommended minimum requirement in The Purple Guide. The facilities are in blocks with 55 toilets, 2 accessible toilets and 12 showers, and the shower blocks will not be open 24 hours a day.  The website advises ticket holders to use the facilities provided and he received no reports of any problems during the event last year. Ms Scott Gordon added that an incident of defaecation did occur after the event had finished although the toilet facilities were still available on site. 

 

Mr Williams confirmed that the caterers have been selected to cater for a variety of tastes. They all have high food safety ratings from their local councils and relevant qualifications. He confirmed that the unregistered caterer last year was a family member and caterers had to be legally registered if they wished to sell food at this year’s event.  He noted he had checked with a neighbouring authority last year but it was not Mid Sussex District Council.  All supplies used by the caterers would be recyclable or eco products.  It was confirmed that the list of caterers would be finalised on Friday 2 August.

 

Members questioned the applicant on how crime would be dealt with. Mr Williams advised that ticket holders should contact the information tent.  The security team would then be contacted by radio and would deal with the incident, including searching the site or contacting the Police if the victim requested it.  There have been no reports about crime at last year’s event to date.  Mr Warburton confirmed that all security are SIA trained and know that the preservation of evidence it vital.

 

Ms Scott Gordon advised that the stewards would cease work at 11pm.  It was noted that security would be on site 24 hours a day with two or three teams, some stationed in the production tent.  Security would be vigilant at night and always provide escorts for those staff carrying cash.  Mr Williams confirmed that Event Safety Alliance run events across the country and have a good reputation, and some staff have worked at this event previously.

 

Members discussed future changes to the Event Management Plan and the applicant agreed to use “track changes” or colour code any alterations so they could be easily identified.  Mr Warburton confirmed the principle of liaising with the Licensing Authority and that all changes are to be agreed in writing. 

 

The Senior Licensing Officer noted that changes were still being made to the Event Management Plan four weeks before the festival.   He stated that the Committee did not have the current version of the Plan. He acknowledged the EMP was a living document but did not expect, at this stage, to see major changes to it.

 

Mr Williams confirmed that he was 100% confident in the crew and that they can produce a safe, well run event.  They had dealt well with any issues last year except for the issue with water supply and the officers were happy with the changes they had made. Last year had been challenging but a positive learning experience.  They had made many changes.  There have been no major problems for the last 5 years.  They had received two or three complaints last year but many visitors had returned to the event.  Mr Warburton confirmed that they had undertaken a comprehensive risk assessment using national guidance and acceptable practice; risk to festival attendees, given recent changes, was as close as practicable to zero of anything troublesome taking place.

 

Members commented on the de-briefing session held by the Council and noted the applicant should have ensured he received the notes of the meeting promptly. 

 

The Chairman noted the Estate Manger had not returned to the meeting after the lunch break.  He asked if there were any further comments from the applicant.

 

Mr Williams reminded the Committee that they had learnt from their mistakes and would make the event as safe as possible. He highlighted that the site was close to the South of England Show Ground and the roads do become congested with traffic.  However, this is a smaller event.

 

As there were no further questions the Chairman adjourned the meeting at 2.15pm so the Committee could deliberate.

 

The meeting resumed at 3.28pm.

 

The Chairman advised the applicant that legislation discouraged tabling documentations on the day of the meeting and that the event organiser should be aware of their responsibilities under the current legislation. He confirmed the considerable efforts they had made to interact constructively with the neighbours including reconfiguring the site layout with regard to noise issues.  He acknowledged the managerial changes, the procurement of a new water supplier and food outlet, and arrangements to monitoring sound levels during the event. 

 

The revised conditions agreed by the Committee were handed out and read by the Chairman:

 

1. The Premises Licence Holder shall produce the revised Event Management Plan (EMP) for the Licensable activity proposed at the premises. 

 

2. No licensable activities otherwise authorised by this Licence, shall take place unless the EMP is submitted to the Licensing Authority and the responsible authorities no later than midday on Monday 5 August 2019.

 

3. Any subsequent alterations to the EMP prior to the event must be agreed by the

Licensing Authority and/or the relevant responsible authority

 

4. Any deviation from the EMP which takes place during the event must only be undertaken with the specific authority of the licence holder/event organiser in an emergency situation and will be notified to the local authority and the relevant responsible authority as soon as possible.

 

5. Any drumming activities will cease at 22.00 and all music should cease at 23.30.

 

He advised that a debriefing meeting should be held within 6 week

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