Last Monday East Lindsey District Council Licensing Sub-Committee decided to grant a premise licence to Medieval Chemistry Ltd. for the Equinox music festival at Scholey Park, Tattershall Thorpe, subject to modification. The Committee is applying stringent conditions, particularly regarding noise nuisance.
The application was made under the Licensing Act 2003, and the premise licence has been granted for one weekend (three consecutive days) in September 2016 only. It will expire at the end of 2016 event. Equinox has been advertised as taking place on the weekend of September 18th.
The decision was made following a grueling hearing, attended by Kirkby on Bain Parish Councillors and many others seeking outright rejection of the application.
In the decision notice, the ELDC Sub-Committee states: “We have been greatly assisted by the parties serving evidence and making representations and making oral submissions today. It is not the Committee’s intention in this decision to rehearse each and every argument or point that has been raised nor to rehearse all of the evidence that we have heard. That is not to say that the Committee have not fully considered the submissions but have tailored this decision to what the Committee consider to be the essential issues in this case.”
Kirkby on Bain Parish Councillors are not fully convinced by this statement, as no detailed explanation has yet been given of the factors which led to the decision, and it is not clear to them what is meant by “essential issues”. They have serious concerns about the applicant’s ability to comply with the conditions of the licence, particularly regarding the risk of noise nuisance similar to that experienced in the village in previous years. However, despite their disappointment on learning that ELDC are allowing yet another festival likely to adversely affect local residents, they are unanimous in welcoming the stringent conditions placed on the applicants:
- Live Music: Friday and Saturday 1200 to 2300 Hours, Sunday 1000 to 2200 Hours
- Recorded Music etc.: Friday and Saturday 1000 Hours to Midnight, Sunday 1000 to 2200 Hours
- Reduced noise level requirements (see below)
- The appointment of a new Designated Premises Supervisor
- Licence conditions previously set out in the Report to the Licensing Sub-Committee
- An Event Management Plan for the event to be prepared and lodged with the Licensing Team of East Lindsey District Council and the East Lindsey Event Safety Advisory Group (ELESAG) no later than 18 August 2016.
- Any recommendations of the East Lindsey Event Safety Advisory Group (ELESAG) with regard to the Event Management Plan to be implemented in full.
- Any safety measures recommended by the ELESAG about the car park arrangements for the event to be implemented in full.
- No sound checks shall be carried out before 1000 Hours or after 1800 Hours on the day before the event starts or on the days of the event. No sound checks shall be a carried out at any other date or time.
- Noise from Regulated Entertainment shall not be audible within potentially noise sensitive residential properties (assuming that residential windows are kept open to allow reasonable ventilation of the same) between 2300 and 1000 Hours on Friday nights/Saturday mornings and on Saturday nights/Sunday mornings.
- Between 1200 to 2300 Hours on Friday, 1000 to 2300 Hours on Saturday and 1000 to 2300 Hours on Sunday the Music Noise Level (consisting of the combined noise from all arenas, stages, marquees or wandering performers) shall not exceed 15 dB(A) above the Background Noise level (L90) over a 15 minute period as measured/calculated at a point 1 metre from the façade of any noise sensitive property.
- Between 1200 to 2300 Hours on Friday, 1000 to 2300 Hours on Saturday and 1000 to 2300 Hours on Sunday the low frequency component of the noise from any Regulated Entertainment shall be restricted to no more than 65 dB Leq 15 minutes within the 63 Hz and 125 Hz octave frequency bands so as to ensure that nearby properties are not exposed to undue noise from bass beats. This component of the noise shall be measured/calculated at a point 1 metre from the façade of any noise sensitive property.
During the event, sound levels will be proactively monitored by a suitably qualified acoustician appointed by the festival organisers, who has a duty to report his findings to the ELDC Environment teams. He will keep a written log of all complaints received by him, to be made available to the Licensing or Environment Teams of East Lindsey District Council on request. Dedicated phone lines will be set up; we will notify residents as soon as we have them.
The ELDC Licensing Sub-Committee gave the following reasons for their decision:
- The previous experiences of residents during previous events at the Scholey Park site by other operators.
- Upon hearing the evidence by the Deputy Environmental Health Manager of East Lindsey District Council and the need for a set of stringent noise conditions controlling the event.
- The Code of Procedure on Environmental Noise Control at Concerts issued by the Noise Council.
- With reference to this Authority’s Licensing Policy, and given the information presented, the Sub-Committee are not satisfied that licensing hours beyond midnight would result in a negligible impact on the local community.
- The Sub-Committee believe that the licensing objective of the prevention of public nuisance will be undermined without the implementation of the above
- The Sub-Committee has no confidence in the nominated Designated Premises Supervisor (DPS) to fulfill that role for the event.
- The Sub-Committee has considered all the options available to it and consider that modification of the premises licence and licence conditions is an appropriate step for the promotion of the licensing objectives.
Please contact any Parish Councillor, or:
Adrian Twiddy – Principal Licensing Officer
East Lindsey District Council
Room 6, Tedder Hall, Manby Park, Manby
Louth, Lincolnshire, LN11 8UP
Tel: 01507 601111 ext. 3011