Agenda item

Questions received from Councillor Prowse – attached.

In accordance with Standing Order No. 8, the following questions were put by Councillor Prowse to the Leader.

Question – The Rugby World Cup

‘Given the level of investment by this Council for this prestigious event, can the Leader sum up his overall impression of how it went and at the same time explain how the circumstances arose whereby a music group/band performed at the Fanzone venue with what appears to be little or no involvement by the Council, in so far as the Environmental impact of the noise that was made to the detriment of the City’s residents?’

The Leader responded that Councillor Prowse claims that a band performed in the Fanzone with little or no involvement by the Council insofar as the environmental impact of the noise that was made to the detriment of the City’s residents – I think he is referring to Saturday 19 September when there was a performance by Basement Jaxx.

Councillor Prowse’s assumption is wrong – the Council was involved in the planning of the event and in approving the final plans in terms of safety and environmental impact. This matter was previously raised by Councillor Holland at Licensing Committee on 22 September. At that meeting, the Assistant Director Environment reported that the event had been organised and promoted by a local events’ company that was not part of the Council’s RWC 2015 Fan Zone programme. The organiser had properly submitted an Event Management Plan to the Exeter Safety Advisory Group (ESGA). This included a Noise Management Plan that had been approved by ESAG, and involved the engagement of a Noise Consultant to monitor the event on the night.  Prior to the event the organiser circulated letters to 2,500 addresses within 250 metres of the venue, explaining the times of the event and a contact number should problems arise.

The Event organiser responded to a number of the complaints received and noise levels were monitored from five different addresses – none of these were significantly above the background noise level in these localities and none were considered a statutory noise nuisance. However, the Noise Consultant asked for the volume of noise to be reduced from 11pm, and the event finished at 11.30pm. It was likely that noise levels were affected by topography and wind direction; the noise having been directed largely northwards and upwards towards the Stoke Hill, Pennsylvania and adjoining areas of the City. Although the band itself would not have been to everyone’s taste and therefore annoying to some, there had been no evidence to suggest a statutory nuisance. It was considered that a key issue was to ensure that the finish time for remaining events did not exceed 11pm which was the generally accepted threshold for such events and that satisfactory control measures were in place for the remainder of the Rugby World Cup. The opening night itself, on 18 September, had been a great success with the 3,000 in attendance creating a good atmosphere. The Basement Jaxx event attracted over 4,000 customers who greatly enjoyed the event.

The Leader responded to Councillor Prowse supplementary question that the Fanzone events finished at 11pm when the Rugby World Cup matches were screened.

Question – Disciplinary action and enforcement, Hackney Carriage drivers and Licensing

‘Can the Leader or his Portfolio Holder explain and comment on the following:

Delegation to Officers policy document was amended in June 2015. Prior to this, the relevant document was 2012. The Licensing Department relies on Section 5 of its policies for dealing with breaches, which include suspensions and revocations. During the Christmas period 2014, a Duryard resident and holder of a current Hackney Licence was stopped by the Police and a number of allegations were made against him in respect of the vehicle, manner of driving and his ability to drive. This included when arrest and subsequent provision of a blood sample. By delegated powers, he received a letter revoking his licence. Over a period of months the Police dropped ALL charges and allegations.

Paragraph 5.7 of Section 5 of the Licensing policy states:

A licensing sub-committee may exercise its discretion to revoke a driver’s licence because he/she has been convicted of a serious criminal offence, or other serious matter referred to them by the Assistant Director Environment. Such action shall only be taken after a hearing before a Licensing Sub-Committee. (A Licensing Sub-committee comprises of at least two Councillors).

Given the content of the revised delegated powers, which probably mirrors the old one, can the Leader of his Portfolio Holder explain how given the outcome of this case, the delegated powers of Officer(s) has totally bypassed the provisions of the current Licensing policy. Does the Leader or his Portfolio Holder agree that the Licensing policy should be reviewed and, at the same time, also explain, given the outcome of the case, what part elected Councillors should take.’

The Leader responded that he understood that Councillor Prowse had been given a response to this question by the appropriate officer and it would be inappropriate to go into specifics regarding this case, as it is a matter for a Licensing Sub-Committee to determine at a later date.