The Hearing gave consideration to a report by the Chief Officer Environmental and Operational Services giving details of an application for a new time limited premises licence under the Licensing Act 2003. It was noted that an objection had been received and that accordingly the application had been referred to the Sub-Committee for determination.

At the request of the Chairman, the Council’s Legal Advisor addressed the Hearing and advised that the Council’s Environmental Health Officer was unable to attend the Hearing but had agreed to respond to questions from the Sub-Committee prior to the Hearing. The Sub-Committee had been advised that within the operating schedule the LAeq measurements listed would be recorded from the nearest noise sensitive location. In the Environmental Health Officer’s view it was a reasonable increase for the LAeq due to the frequency and noise of the night flights in the area and no complaints had been received at the event last year.

He advised that the noise levels in the fourth column of the operating schedule were linear recordings from 2km away and were guidance from the Purple Guide to Health, Safety and Welfare at Music and Other Events.  He advised that an Environmental Health Officer would be at the site while the festival was taking place and were contactable if it was felt the noise was exceeding the levels stated. They would have their own monitoring equipment in place but would also be able to log into the event team’s noise monitoring equipment to check the levels. He advised that if the application were successful then a letter drop would take place advising residents by the Council.

The Hearing gave consideration to the Objector’s representation and noted her absence.

The Hearing heard from the Applicant’s Event Director representative, who explained that the application was the same as requested last year with an increase of noise levels on Thursday and Friday between 11pm and 1am and on Saturday between 11pm and 2am. He advised that he had spoken to the Objector and advised that the 65dBA would be the noise levels during the day and at night would be 45dBA and the night level would not be audible inside the property. An increase in noise levels was requested due to the noise from the night flights. Noise monitors would be located around the site which would enable remote log in to check the noise levels. If complaints were made the event team would be able to respond and ensure that noise was at the agreed level.

In response to questions the Applicant’s representative confirmed that live bands would finish at 11pm and DJ set or acoustic music would then be played. He advised that the Event’s Manager would be on site and be accessible to the Environmental Health team via mobile telephone. He also advised that telephone contact details would also be available to the local residents. The Objector had his personal contact details and he would be available for her to speak to directly, or the noise office team and events team would also be available.  The Applicant’s representative also advised that if the wind direction affected the noise or there had been an error within the calculations the noise levels would be lowered to comply with the licensing conditions. In response to a final question he advised that the security arrangements were more extensive than the previous year and searches would be carried out on all those entering the site.

At 10.54 a.m. the Hearing Members withdrew to consider the issues raised accompanied by the Council’s Legal Advisor and Clerk to the Hearing for the purpose of providing advice only.

At 11.10 a.m. the Hearing Members, Council’s Legal Advisor and Clerk to the Hearing returned to the Council Chamber.

The Chairman requested whether the Applicant’s representative could indicate on a map which residents would be informed of their contact details. With the consent of the meeting, the representative tabled a map showing those dwellings which would be contacted.

The Chairman informed the Hearing that the Sub-Committee gave consideration to the representations made including the requirements of Kent Police, the Licensing Objectives, the Statutory Guidance issued under Section 182 of the Act and the Council’s Statement of Licensing Policy. An informative was to be included that occupiers of the affected noise sensitive premises would be provided with direct contact details.

It was therefore

Resolved: That a Premises License in respect of Phizzwizzards Ltd for Leppards Wilderness Farm, Wilderness Lane, Kent TN8 7LP, subject to mandatory conditions and additional conditions and an informative contained in the notice of determinations attached as an appendix to these minutes, be granted.