AAA White Paper The political economy of informal events, 2030 | Page 87

“ Local authority decision-makers
have to arbitrate between different
interests when looking at an
application – whether for licensing or
planning. Applicants seek to change
the status quo somehow, whether it’s
a Christmas market or a rock festival.
But the only representations about
events that Councillors are likely to
see are the negative, doubtful ones. If
they have concerns about these, the
Police, Environmental Health officers
or local residents are highly likely to
write in to the Licensing Authority.
To Councillors, then, it can look like
there’s a mountain of resistance to
the event in question. Yet there may
be significantly more people – a
silent majority – who enthusiastically
support the proposed event, but would
not be minded to write in to the local
authority to say so.
“ Often, Councillors proceed on
the basis that the majority of their
constituents oppose the application –
something that can be a very skewed
conclusion. They’re unlikely to provide
the balance themselves, which is what
they ought to do.
about in reality. If the proper balancing
exercise can be conducted, measuring
potential negative outcomes against
potential positive ones, then a more
reasonable decision could be reached.
Yes, local residents oppose many
applications for premises, such
as those for local shops, service
stations, supermarkets, music venues
and so on, because they’re fearful
of the trouble that could result. Yet
though residents, like the responsible
authorities, can call for a Review if
those fears come to pass, that power
is very seldom used. Once the licence
is established, the reality is mostly
that the power need not be wielded,
and that fears were unfounded.
“ In the future, licensing decision-
makers need to have a more open mind
toward applications, especially for
short-term, temporary events. They
need to apply a holistic approach to all
the potential detriments and benefits
of grant, as the Court of Appeal clearly
requires them to do. ”
“ In 2011, Lord Justice Toulson
underlined how the licensing decision-
maker must consider all the competing
factors, including if there’s a demand
for the event, if it will boost the local
economy and draw in visitors and so
on. Unfortunately, all too often, the
perspective of the Committee will
be excessively myopic, and focused
exclusively on the potential negative
impacts, which may or may not come
Barrister, Kings Chambers, on the need to
see the bigger picture in licensing
Sarah Clover
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