Doncaster Metripolitan Council Licensing Sub-Committee Meeting

There were no declarations reported at the meeting.

The Sub-Committee considered an application for a new premises licence in respect of Askern Music Festival, Askern Events Field, Askern, Doncaster DN6 0AA. This meeting was reconvened from 9th April, 2024.

The Sub-Committee Members, the Applicant, the Applicant’s representative, and the persons making representations had received a copy of the agenda along with copies of the additional documentation submitted by all parties prior to the meeting. Copies of the representations were appended to the report at Appendix E and E1.

At the commencement of the hearing, the Chair welcomed all parties to the meeting, made introductions and outlined the procedure to be followed.

The Chair stated that whilst at the hearing on 9th April, it was noted that Appendix E and E1 were not for publication as they contained personal information protected by Data Protection Legislation, through further discussions it was agreed that the information within the Appendices would not be withheld as the personal information had been redacted, therefore the appendices would be part of the public agenda.

The Senior Licensing Practitioner, Hayley Oxley introduced the report and outlined the key points in relation to the application.

Mr Andy O’Grady on behalf of the Applicant, the Applicant’s representative, Mr Paddy Whur, and Mr Peter Curry, consultant employed by the Applicant, attended the meeting and presented evidence and answered questions.

Mr Andrew Delany, Senior Environmental Health Practitioner, CDC and his Counsel representative Ms Constanzie Bell, Mr Steve Larkin, Network Management, CDC, Mr David Swann, South Yorkshire Fire & Rescue, Mr Carl Fender, Counsel for South Yorkshire Police and PC Mark Roxborough South Yorkshire Police who had all made written representations in respect of the application attended the meeting. All presented evidence in objection to the application and answered questions.

Parish Councillor Francis Jackson on behalf of Askern Town Council was in attendance and presented evidence in support of the application.

All parties were then asked to leave the meeting, whilst the Sub-Committee deliberated on the application and reached a decision.

All parties were invited back into the meeting and informed of the Sub-Committee’s decision.

RESOLVED that having considered the application for a new premises licence in respect of Askern Music Festival, Askern Events Field, Askern, Doncaster DN6 0AA and taken into account the representations made and the evidence presented today, the steps that are appropriate to promote the Licensing Objectives, the Home Office Guidance and our Statement of Licensing Policy, the Licensing Sub-Committee have decided to refuse the application.

The Sub-Committee noted that the Applicant had made revisions to the events safety management plan and road traffic management plan, and further clarification was provided in terms of calculations and dimensions.  The Applicant also provided confirmation of a proposed reduction in the capacity to 4,999 - or 3,999 if this was recommended as a condition. 

Mr Paddy Whur, on behalf of the Applicant, helpfully guided the Sub-Committee to the relevant parts of the Statement of Licensing Policy and Statutory Guidance, specifically where the licensing objectives were mentioned.  Mr Whur then proceeded to ask Mr Curry, a consultant used by the Applicant to advise on event safety management, to address points raised in the additional statements of those representing the responsible authorities.

Mr Curry stated from the outset that the measurement of the entrance was previously mismeasured and was in fact wider than was initially suggested. He advised that the first thing he thought when he saw the plans was that risk assessments would be required, he added that he could see the risk assessments were ‘almost there’ but not quite.  The Sub-Committee noted that Mr Curry confirmed that as Safety Manager, he would be prepared to stop the event if adequate measures were not taken to make the event safe, but the Sub-Committee considered that the Applicant should have satisfied the Committee and the responsible authorities already, that sufficient safety measures were in place and in any event, Mr Curry would not be at this event on the day.

The Sub-Committee heard from Mr O’Grady on behalf of the Applicant.  Mr O’Grady advised that he had met with someone from Network Rail and they said they were happy with the plans.  Mr O’Grady added that he had sent emails and meeting requests to those at City of Doncaster Council involved in the ESAG process, but these were refused.  Subsequently Mr O’Grady specified that a request was made by email on 26th February 2024.  The Sub-Committee felt it disappointing that an email appeared not to of been acknowledged however, the Sub-Committee had heard that those involved in ESAG had advised the Applicant consistently up to that point.  Mr O’Grady said he had permissions from the relevant people, but these were between Askern Music Festival and those who had granted permissions, he did then add that they could be made available.

Information was provided by the Applicant and the other responsible authorities, regarding the suitability of the site and the safety measures in place.  The Applicant said some areas would be made as hard standing surfaces but acknowledged that planning permission had not been sought for such works.

The Sub-Committee noted the representation made by Counsel for the Health & Safety Officer with regards to not taking into account the additional information provided today by the Applicant. However, the Sub-Committee had sufficient concerns regarding the application notwithstanding the additional information provided.

The Sub-Committee noted the evidence presented by the responsible authorities who had made representations, acknowledging that further clarification had been provided by the Applicant, but they were still of the view that the application fell short of promoting the licensing objectives. 

The Sub-Committee felt that the greatest concern was in relation to public safety, and they did not have confidence that the Applicant fully appreciated the requirement to have effective measures in place to ensure public safety and thought it unacceptable that risk assessments were ‘almost there’.  The Sub-Committee felt that there had been sufficient time to have these in place already, the Applicant appears to be ‘reacting’ to representations made by the responsible authorities rather than pro-actively managing the event.  

The Sub-Committee felt it was notable that Mr Curry stated a number of times that he had been ’assured’ by the Applicant, there is no criticism of Mr Curry in this respect, but it was apparent that no firm measures were in place, for example:

“I did have concerns around topography, but Andy assured me that removal of litter bins would take place”.

“I’ve got in red on my screen, more risk assessments needed, but Andy has assured me that these are well under way”.

Again, it is no criticism of Mr Curry, but the measures should be in place already, therefore the Sub-Committee were not satisfied by the Applicant making assurances, particularly after the difficulties experienced last year.