Licensing Sub-Committee – 31 March 2025
Application for a licence variation at Harry’s Meadow Campsite, Hale Park, Hale, Fordingbridge SP6 2RE
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Purpose |
To determine a licence variation application for Harry’s Meadow Campsite, submitted under the Licensing Act 2003 |
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Classification |
Public
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Executive Summary |
The report details information to be considered by Members of the Licensing Sub-Committee in determining the premises licence application
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Recommendation(s) |
That members of the Sub-Committee determine the premises licence variation application submitted by Vivien Sheriff under the Licensing Act 2003. This decision should be taken in the light of the information contained in the report and at the meeting. |
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Reasons for recommendation(s) |
Information as contained in the report and offered by all parties in addition to the legal licensing framework and legislation. |
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Ward(s) |
Downlands and Forest North |
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Portfolio Holder |
Cllr Dan Poole - Portfolio Holder for Community, Safety and Wellbeing |
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Strategic Director |
Richard Knott – Strategic Director of Housing & Communities |
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Officer Contact |
Christa Ferguson-Licensing Manager Environmental and Regulation 023 8028 5325 |
Introduction
1 The purpose of the report is to provide the Sub-Committee with information at the hearing to determine an application to vary the premises licence which has been made under section 34 of the Licensing Act 2003 (“the Act”) in respect of Harry’s Meadow Campsite, Hale, Fordingbridge, SP6 2RE.
Background
2 In September 2022, the Licensing Authority granted a premises licence to Ms Vivien Sheriff, to allow the campsite at Harry’s Meadow to sell alcohol from a mobile bar, for the month of August each year.
3 The application for a new premises licence at this site had attracted objections during the representation period, and therefore Members determined the application at a Licensing subcommittee on 5 September 2022. Members agreed to grant the licence, subject to conditions agreed during the application period.
4 Since the granting of the licence, no complaints have been received about the licensable operation of the site. The current licence is provided as Appendix 1.
5 Camping facilities are provided at Harry’s Meadow by the site owners and the sale of alcohol to the campers on the field takes place from a converted horsebox.
6 There is a partially covered area, (stretch tent) where campers can sit and use the mobile bar and food vendors. Catering is provided from mobile food vans, which includes breakfasts, pizza, burgers etc, and the converted horse box sells alcohol, coffee and pasties.
7 The site is bordered by mature trees on all sides and the distance from the site boundary on the southeast of the bar area, has been measured at 194.2metres.
The application
8 The Licensing Authority have received an application from Vivien Sheriff to vary the premises licence (number 1842) for Harry’s Meadow, Hale. The application is provided at Appendix 2.
9 The variation application seeks permission to extend the current licence period of one month (1 to 31 August) to two months (1 July to 31 August) each year. There is no proposal to extend the hours that alcohol is sold each day.
10 Premises licence number 1842 permits the following licensable activity:
Sale of alcohol for consumption on the premises
Monday to Sunday 17:00 hrs to 22:00 hrs
11 The site is not open to the public, but campers are permitted on the site 24 hours a day. The sale of alcohol is only available for those camping at the site and during the hours stated above.
12 The premises licence provides for the sale of alcohol at the site. Any regulated entertainment taking place between 08:00hrs and 23:00hrs is exempt from the requirement to be licensed. The site does, however, have its own rules about the use of music, to protect campers from undue noise.
13 Public consultation has been carried out, as required under the Act and officers have confirmed that the application has been advertised both at the site and in the local newspaper.
14 All Responsible Authorities were consulted and provided with the application, as required under the Act. This included NFDC planning, NPA development control, Hampshire Police and NFDC Environmental Health.
15 No comments or objections were received from the Responsible Authorities and since the licence was granted in September 2022, there have been no complaints received by the Environmental Health Department or Licensing Services from the licensable activity.
Requirements for a hearing
16 The Licensing Authority must hold a hearing to determine the application where relevant representations addressing the licensing objectives are made. These objectives being:
· The prevention of crime and disorder,
· Public safety,
· The prevention of public nuisance, and
· The protection of children from harm.
17 Members are referred to statutory guidance issued by the Home Office under section 182 of the Licensing Act 2003 dated February 2025, in particular the sections on the licensing objectives and determining applications.
Revised Guidance issued under section 182 of the Licensing Act 2003
18 In determining the application, the Licensing Sub-Committee must give appropriate weight to:
· the steps that are appropriate to promote the licensing objectives,
· The relevant representations presented by all parties,
· Home Office guidance,
· The Council's own Statement of Licensing Policy.
Representations received
20 Hale Parish Council has also submitted an objection which is provided as Appendix 4. There is mention of planning conditions, which fall outside the remit of this hearing and the Licensing Act 2003.
21 Representations received against the application raise concerns about extending the provision of alcohol at the site for a further month.
22 It should be noted however that this hearing can only determine the application based on the implications of granting an application with regard to the Licensing Objectives, as stated under the Licensing Act 2003 and in paragraph 17 above.
23 Matters that cannot be considered at this hearing include planning, changes to the nature of the area by tourism, traffic, disputes with other agencies, and diversification by landowners.
24 We have received no communication from the planning authority for the site (NFNPA), however all licences are issued with the following caveat, which is self-explanatory. Planning and Licensing are two separate regimes with different legislative criteria.
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It is important to note that this licence does not override any planning consent restrictions the premises may have. If you operate outside the consent granted for these premises, this may result in action being taken against you. Should you wish to amend these conditions please contact the relevant planning department for advice at planning@nfdc.gov.uk (New Forest District Council) or dev.control@newforestnpa.gov.uk (New Forest National Park Authority). |
Options appraisal
Option 1
25 Grant the application as applied for.
Option 2
26 Grant the application and add further conditions and/or change operating and sale of alcohol hours.
Option 3
27 Refuse the application as applied for.
Legal implications
28 This hearing is governed by the Licensing Act 2003 (Hearings) Regulations 2005. These Regulations provide that hearings should be held in public unless the Licensing Authority considers that the public interest in excluding the public outweighs the public interest in the hearing taking place in public.
29 The applicant and those parties making representations have been invited to this meeting and have been provided with this report and the procedures to be followed at the hearing.
30 The applicant and those who have made relevant representations are entitled to address the Sub-Committee and to ask questions of the other party, with the consent of the Sub-Committee.
Right of appeal
31 It should be noted that the applicant and those who have made relevant representations may appeal the decision made by the Licensing Sub-Committee to the Magistrates’ Court. The appeal must be lodged with the Magistrates’ Court within 21 days of the notification of the decision.
32 In the event of an appeal being lodged, the decision made by the Licensing Sub-Committee remains valid until any appeal is heard and the decision made by the Magistrates’ Court.
Equalities implications
33 Each application is treated on its own merits.
Crime and disorder implications
34 Licensable activities must be provided under the terms of the Licensing Act 2003.
Conclusion
35 The Licensing Sub-Committee must, having regard to the application and any relevant representations, consider which measures are appropriate for the promotion of the licensing objectives.
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Appendices Appendix 1- Current premises licence number 1842 Appendix 2- Premises licence variation application Appendix 3- Representations received against the application Appendix 4- Representation from Hale Parish Council
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Background papers NFDC Licensing Act 2003 Policy Licensing Act 2003 |