From:                                         P J Raymond [SPC@raymonds.myzen.co.uk]

Sent:                                           23 June 2009 21:55

To:                                               'Richard Hoyland'

Cc:                                               Cllr Tony Ganly

Subject:                                     Premises Licence Application 09/00431/LAPRE

 

Follow Up Flag:                      Follow up

Flag Status:                              Flagged

 

Dear Mr Hoyland

 

I am authorised by my Council to write to you with the following representations regarding the Foxes Den Limited Premises Licence Application for the Pestalozzi Village:

 

Crime & Disorder

At a well-attended meeting today in Sedlescombe, members of the public spoke of their concerns regarding the lack of Police resources to deal with any issue of crime and disorder arising at events, especially Festivals, while, at the same time, being able to provide a reasonable service to local residents.  Especially in the evenings, Sussex Police are very stretched to provide a quick attendance in the rural areas.  The public is concerned about the possibility of incidents because of the use of alcohol and drugs which is prevalent at Festivals.  The organisers of the proposed Festival will be employing security guards but these will have no jurisdiction over what happens in and around Sedlescombe Village.

 

The Prevention of Public Nuisance

Limit to one event.  Those attending the public meeting were not in favour of granting a licence at all for the Pestalozzi Village believing the proposed event(s) to be inappropriate in the heart of a quiet rural Village.  In order to limit as far as possible considerable public nuisance from the grant of an ongoing second premises licence for Pestalozzi Estate, the Parish Council suggests that, if the Licensing Panel decides to grant a second premises licence, it should be restricted to one event only for the following reasons:

Prolonged weekend day and night noise and vibration of an indeterminate nature in the open air close to residential accommodation will cause disturbance and public nuisance to the local community and needs careful management in order to ameliorate the effects of the nuisance.

 

If an ongoing licence is granted, local people will not have the opportunity to make representation on activities likely to create nuisance at individual events in the light of experience or in connection with nuisance that is not currently envisaged.  For example, a member of the public has just reported that, on the last occasion a Festival was held (in 2005) at Pestalozzi, campers used an unauthorised field adjoining several small back gardens and the owners had people wandering around close to their houses and using hedges for urinating etc.

 

The effect of granting this licence would be to allow, for example, monthly 2-day events or up to nine 3-day events each year.  The closest properties in the centre of the Estate and others are on the southern and western boundaries of the Estate and are scattered/continuous roadside development.  In addition, across a small river and a couple of fields, from about 340 metres from the northern boundary, are the estates of East View Terrace, Gorselands,  Gammons Way, Streetlands, Park Shaw and Orchard Way.   There are approximately 215 properties in this area.  A little further to the west is the old Conservation Area of Sedlescombe with another 100 properties.  In addition, there are other properties in roads and lanes leading off this area. 

 

The growth in attendance at regular events needs managing carefully in order not to increase nuisance in the surrounding roads and lanes.  The number of people allowed to attend will need regular review and amending depending on the type of event and available space.  The last time a Reggae festival was held at Pestalozzi in 2005, attendance was reported to be 6000, a doubling of numbers from the previous year.  Four years on, the “Twitter” network increases the opportunity to spread the word about Festivals and even more people might be expected to attend events.

 

Reduce Hours.  The Parish Council suggests, that if the licence is granted, the authorised hours are reduced with the events ending at 2345 on Friday and Saturday evenings (instead of 0200) and the Sunday morning music starting at 12 noon for the following reasons:

 

Public nuisance would inevitably be caused to people living in the vicinity, even more so if the maximum number of hours as applied for in the licence application are used.  This is expected at the forthcoming 3-day One Love Festival, the programme of which is already advertised.  The new licence as submitted would allow, for 58% of the time from 1600 hours on a Friday to 2000 hours on a Sunday, live or recorded amplified music, to be played outdoors or in marquees possibly from several areas of the 75 ha Pestalozzi Estate at the same time.  This is a total of 30 hours (8 Friday, 13 Saturday, 9 Sunday excluding the 4 extra hours with headphones early on Saturday and Sunday mornings).  To the hours of approved use, further hours prior to 1600 on a Friday should be added for setting up and testing of sound systems.   

 

This nuisance could be compounded by additional smaller events, under the Temporary Events Notice Scheme (TENS), taking place at the same time on the Estate.  The noise, eg drumming, may start earlier in the day so increasing the total hours of music/drumming/chanting.   At the same time as the One Love Festival, an additional Tribal Earth Festival is to be held on the Estate under the TENS system.  This smaller event will start a day earlier.  Last year, the drumming started at 1000.  The Festival will last 4 days.

 

The nuisance could, in theory, be further compounded by music being played in the various buildings on the Estate at the same time in accordance with the Premises Licence granted in May 2008.  The May 2008 Premises Licence allows music etc. every day of the week from 1300.  The finishing time is 2200 Mondays to Thursdays, 2300 Fridays and Saturdays and 1800 on Sundays.  

 

The following table describes the effect of the existing premises licence (grey) and proposed premises licence (white) to which must be added temporary events:

 

MONDAYS

1300-2200

Entertainment – plays, films, live music, recorded music, performance of dance facilities for making music/dancing (all indoors) in Trogen Centre, Trogen House Sitting Rooms A, B and C, Recreation Room, Swiss Hall, International House Communal Blue Lounge, International Teachers Lounge

TUESDAYS

1300-2200

Entertainment – plays, films, live music, recorded music, performance of dance facilities for making music/dancing (all indoors) in Trogen Centre, Trogen House Sitting Rooms A, B and C, Recreation Room, Swiss Hall, International House Communal Blue Lounge, International Teachers Lounge

WEDNESDAYS

1300-2200

Entertainment – plays, films, live music, recorded music, performance of dance facilities for making music/dancing (all indoors) in Trogen Centre, Trogen House Sitting Rooms A, B and C, Recreation Room, Swiss Hall, International House Communal Blue Lounge, International Teachers Lounge

THURSDAYS

1300-2200

Entertainment – plays, films, live music, recorded music, performance of dance facilities for making music/dancing (all indoors) in Trogen Centre, Trogen House Sitting Rooms A, B and C, Recreation Room, Swiss Hall, International House Communal Blue Lounge, International Teachers Lounge

FRIDAYS

1300-2300

Entertainment – plays, films, live music, recorded music, performance of dance facilities for making music/dancing (all indoors) in Trogen Centre, Trogen House Sitting Rooms A, B and C, Recreation Room, Swiss Hall, International House Communal Blue Lounge, International Teachers Lounge

FRIDAYS

1600-0200 (Sat)

Live music, recorded music, performances of dance & provision of facilities for dancing.  Provision of late night refreshment (2300-0200) (all indoors and outdoors).  Headphones 0000-0200

SATURDAYS

1300-2300

Entertainment – plays, films, live music, recorded music, performance of dance facilities for making music/dancing (all indoors) in Trogen Centre, Trogen House Sitting Rooms A, B and C, Recreation Room, Swiss Hall, International House Communal Blue Lounge, International Teachers Lounge

SATURDAYS 1100-0200 (Sun)

Live music, recorded music, performances of dance & provision of facilities for dancing.  Provision of late night refreshment (2300-0200) (all indoors and outdoors).  Headphones 0000-0200

SUNDAYS

1300-1800

Entertainment – plays, films, live music, recorded music, performance of dance facilities for making music/dancing (all indoors) in Trogen Centre, Trogen House Sitting Rooms A, B and C, Recreation Room, Swiss Hall, International House Communal Blue Lounge, International Teachers Lounge

SUNDAYS

1100-2000

Live music, recorded music, performances of dance & provision of facilities for dancing (all indoors and outdoors).

 

The freedom to make noise somewhere on the Pestalozzi Estate, at variance with the quiet nature of the surrounding countryside, for many hours a week will provide the potential to create cumulatively greater disturbance and public nuisance to the local community than can be envisaged by looking at this one licence.  See above for details.

 

The inclusion of two weekend evenings when amplified music is allowed outside up until midnight will be very disturbing to residents in an otherwise quiet area with no other ambient night-time noise.  Noise in the early hours of the morning, after 0200, of people returning to accommodation including tents and living-in vehicles could cause additional disturbance.  Noise from local people returning home, especially if provided with discounted tickets, leaving the site on foot and socialising in The Street could also have an adverse impact on local residents.

 

Starting live/recorded music at 1100 on Sundays, could adversely affect those attending the morning service in Chapel Hill Church.  (When previous Festivals were held, it was arranged to delay the start of the loud music until 12 noon.)

 

Many Sedlescombe residents are elderly or very elderly and/disabled, living on their own and who find it difficult to cope with ongoing noise, especially when they are trying to sleep.  Residents say they have moved to the countryside in order to have a quiet life and that Festivals are not appropriate in the countryside so close to houses.

 

Fireworks & pyrotechnics.  The Parish Council asks that a condition is attached to any premises licence granted that “No fireworks or other pyrotechnics shall be used other than with prior consent of the Licensing Authority.” [Model Condition PN8] because the Pestalozzi Estate is situated in an area without street lights and the use of fireworks or other pyrotechnics will create an added nuisance which needs to be controlled.

 

Rubbish Collection.  The Parish Council asks that a condition is attached to any premises licence granted that “No refuse shall be disposed of or collected from the premises between the hours of 2300 and 0900 where such disposal is likely to cause disturbance to residents.”  [Model Condition PN9] because the collection of rubbish from the Pestalozzi premises already causes a nuisance for people living in close proximity to the northern boundary of the Estate and, therefore needs to be controlled to limit the nuisance to reasonable hours of operation.

 

Public Footpath.  The Parish Council asks that, if an ongoing licence is permitted, the land covered by the licence should exclude any involving the public footpath running through the Estate because the use of the public right of way will be disrupted if areas of land are fenced off denying easy access to the public.  This nuisance can be avoided if these fields are excluded from licence approval.

 

Access.  The Parish Council asks that access arrangements for events should acknowledge the Parish Council’s legal right to gain entry and exit from the sportsfield car park and that of owners to reach their properties on the Pestalozzi Estate by passing along Ladybird Lane in either direction because any restriction of the use of the Ladybird Lane access road causes a nuisance for sportsfield users and others trying to reach or visit the private homes on the Estate.

 

The Protection of Children from Harm.  Those attending the public meeting, were concerned that the forthcoming Festival will be held near to the Village Sportsfield where many children play. 

 

 

Mrs Pauline J Raymond

Clerk/Responsible Financial Officer

Sedlescombe Parish Council (Quality Council accreditation 2004 & 2009)

01424 870508
www.sedlescombe.org.uk
All replies to be sent to sedlescombe@freezone.co.uk.

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