notification of chairman and outline of procedure

The Chairman opened the meeting by introducing the Sub-Committee and Officers present. She explained that the Sub-Committee would consider an application for a new premises licence to cover Faversham Town Centre during the Hop Festival on the weekend of Saturday 2nd and Sunday 3rd September 2006 and detailed the procedure that would take place.

declarations of interest

No interests were declared.

part b minute for information

application for a new premises licence under the licensing act 2003 - faversham town centre

Mrs West, from the Hop Festival Committee, explained that the Hop Festival was in its sixteenth year and that a stage had been present at the Preston Street site since 2001. She considered that the location in Preston Street was a good one as it was within a recessed area of the street; in front of the bus depot and that it attracted people to that area of the town which benefited the stall holders in the area. Mrs West informed the Sub-Committee that it cost £22,000 to finance the festival; £8,000 came from Swale Borough Council (SBC), £2,000 from Faversham Town Council and the remainder from sponsorship and advertising. She reported that she was first aware of a problem with regard to loud music in 2005, she had spoken to the sound engineers and assumed that the problem had been resolved. She emphasised that the Hop Festival Committee did not wish to turn the weekend into a rock festival and was not going to book any 'heavy' bands. The Committee was aware of objections to the loud music and she considered that a compromise could be reached.

Mrs West confirmed the proposed times of performance by the bands and explained that there would be seven bands playing on the Saturday and six on the Sunday, all for 30 minutes each on both days. She explained that all thirteen bands were amplified and that six of them were acoustic. The Hop Festival Committee considered that it was necessary for the music to be amplified to enable it to be heard over background street noise.

Mrs West concluded by explaining that the Hop Festival, during its 16 years, had become a family orientated, friendly and relaxed occasion. No crimes with relation to the festival had been reported and stewards were stationed throughout the town, in radio communication with each other and there was a Police presence. She explained that the Hop Festival promoted Faversham and attracted people to the town.

Mrs West handed letters in support of the application to the Chairman.

In response to a question, Mrs West confirmed that by having bands in Preston Street, people were drawn to that area which then benefited local stall holders and shopkeepers.

Mrs Wolfe, an objector, emphasised that they were not against the Hop Festival as a whole, just one aspect, which was excessive volume of the bands. She explained that the objectors wanted to seek a compromise and felt that they had been wrongly criticised. She emphasised that they should have their right to speak as residents in the area.

Mr de Pulford, an objector, explained to the Sub-Committee that there were eleven objectors and emphasised that they were in favour of the Hop Festival but were looking for a compromise, with regard to the volume of music, that was necessary, reasonable and proportionate. He circulated photographs to the Sub-Committee and explained that the music was a disturbance to family activities on the ground floor of his house.

Mr de Pulford made reference to statutory nuisance and considered that low level local nuisance should be considered as a real problem. He referred to the report and considered that representations had been misleading and that it was unclear on Hop Festival days to know who to complain to. He informed the Sub-Committee that he had complained about the levels of noise on numerous occasions.

Mr de Pulford outlined compromises that he considered should be adopted. These included reducing the volume of music; which he suggested was subjective and difficult to enforce, the adoption of an objective measurable noise level and that no amplified music be played on the Preston Street stage.

Mr Wolfe, an objector, brought Members attention to SBC published policy and made reference to the Licensing Objectives which he considered should not be ignored and that nuisance caused to individuals should be considered.

In response to a question, Mr Durkin, from the Hop Festival Committee, confirmed that he had not received any complaints regarding noise.

The Council's Environmental Protection Manager confirmed that he raised no objections to the application and considered that the mitigating measures were reasonable and that all parties had been given sufficient notice of the event. He felt it was not viable to set a noise level and suggested that someone be there to monitor the volume level.

Mr de Pulford considered that the proposed compromises were not adequate and would not work and felt that no amplified music was the best option.

Local residents spoke in favour of the application.

The Licensing Sub-Committee adjourned to make their decision at 3:55 pm. Members of the Sub-Committee, the Barrister and the Democratic Services Officer left the meeting and returned at 4:20 pm, when the Sub-Committee re-convened.