10 December 2013 - East Devon District Council

Licensing authorities should therefore ensure that any conditions they impose are
only those which are appropriate for the promotion of the licensing objectives, which
means that they must not go further than what is needed for that purpose.
Licensing authorities should only impose conditions which are appropriate and
proportionate for the promotion for the licensing objectives. If other existing law
already places certain statutory responsibilities on an employer or operator of
premises, it cannot be appropriate to impose the same or similar duties.
6. Observations
6.1 Following the implementation of the first set of regulations under the Police Reform
and Social Responsibility Act on 25 April 2012 a new provision relating to the ‘test’
that Licensing Committees should consider when deciding on licensing applications
was introduced. The evidential level for Licensing Committees has been lowered so
that the test now is that their decisions need only be ‘appropriate’ and no longer
‘necessary’.
6.2 The Surveillance Camera Code of Guidance dated June 2013 has recently
introduced a new guide that Licensing Committees must consider if they wish to
include the use of CCTV as a condition on a premises licence or club certificate.
Details of the advice can be found at paragraph 10 under the legal implications
section at the end of this report.
6.3 The application being considered is for the grant of a time limited Premises Licence
to permit:
Live Music – indoors
Recorded Music – indoors
Performance of Dance – indoors
Anything Similar to Live & Recorded Music and Performance of dance –
Indoors
Late Night Refreshment – indoors & outdoors
Supply of alcohol – on the premises.
6.4 The Folk Festival has been held at Sidmouth for at least fifty eight years and during
that time numerous entertainment/event locations around the town have been
licensed by the organisers for entertainment and the sale of alcohol. Since the
introduction of the Licensing Act in 2005 the festival organisers have applied for time
limited premises licences for marquees at the Ham, Blackmore Gardens, Betsys
Knap and a food sales unit at Bulverton Camp Site. These licences have been
operated successfully and the conditions attached to them have been refined and
updated over the years in consultation with the responsible authorities under the
Licensing Act particularly the Police, Environmental Health Service and the Licensing
Authority.
6.5 In October this year Sidmouth Folkweek Productions Ltd applied for the usual time
limited premises licences around Sidmouth (these have since
been granted) but also submitted an extra application for a
marquee at Salcombe Regis Recreational Field with the
intention that if the licence is granted it will be used in place of
the licences already granted for Betsys Knap and the
Bulverton Camp Site.
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