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Local Code of Conduct - Disclosable Pecuniary Interests
In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda. Any councillor with a DPI must not participate in any discussion or vote regarding that matter and that they must also withdraw from the meeting immediately before consideration of the matter.
If that DPI has not been registered, you must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.
Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.
There were no disclosures of interest declared.
In arriving at its decision, the Sub-Committee took into account the relevant representations submitted verbally and in writing. The Sub-Committee was also made aware that the following sections of the Licensing Policy were relevant:
· Section 4: (Fundamental Principles)
· Section 11: (Licensing Hours)
· Section 12.1: (Prevention of Crime & Disorder)
· Section 12.2: (Public Safety)
· Section 12.3: (Prevention of Public Nuisance)
· Section 12.4: (Protection of Children from Harm)
· Section 17: (Licence Conditions)
The following sections of the Guidance issued in April 2018 by the Secretary of State under Section 182 of the Licensing Act 2003 were also relevant:
· Paragraph 1.16 – Licence conditions – general principles
· Paragraph 1.17 – Each application on its own merits
· Paragraphs 2.1-2.6 – Crime and Disorder
· Paragraph 2.7-2.14 – Public Safety
· Paragraphs 2.15-2.21 – Public nuisance
· Paragraphs 2.22-2.32 – Protection of children from harm
· Paragraphs 9.31-9.41 – Hearings
· Paragraphs 9.42-9.44 – Determining actions that are appropriate for the promotion of the licensing objectives
· Paragraphs 10.1-10.66 – Conditions
The Sub-Committee received a report from the Senior Specialist for Licensing and Community Safety, Mike Smith. An application for a new premises licence had been received from Bavaria Events Ltd to stage an annual event called Oktoberfest, starting 8-9 October 2021. Oktoberfest had been held in Stoke Park and other areas previously. No representations had been received from Responsible Authorities. However, two objections had been received from neighbouring residents in relation to concerns regarding noise, potential for disorder and the fact that the application was required in perpetuity. The Sub-Committee was reminded that if they were minded to grant the licence, they could also call it in for review.
The Sub-Committee noted the following submission made on behalf of the Applicant’s Agent, Mr Neil Roberts:
· He was the Operations Manager for Bavaria Events Ltd.
· Bavaria Events Ltd was planning to hold 15 events this year throughout the UK.
· The previous event held at Stoke Park in 2019 used the same promotor but a different organising team was in place at the time.
· The company used a set of procedures and made them fit to local conditions.
· The company hosted a UK version of Oktoberfest which was light-hearted and included a traditional German Oompah Band.
· In response to concerns raised by the local residents, the site was designed to scale with noise mitigation measures built into its fabric.
· The site was located 220 metres away from Nightingale Road and faced away from it.
· The application had been submitted in accordance with the Noise Practice Code 1995.
· A full Noise Management Plan had been submitted to the Council and had signed off by Environmental Health.
· Via the Safety Advisory Group, some amendments to the exit arrangements were required by the Police to ensure the safe egress of people.
· The licence had been applied for in perpetuity and was a common practice for companies to seek as Bavaria Events Ltd.
· If the Licensing Authority did have issue with the way in which the event was run, the Council in the first instance could stop ... view the full minutes text for item 2.