URL: https://democracy.testvalley.gov.uk/ieDecisionDetails.aspx?ID=677

Decision Maker: Licensing Sub-Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: TEST VALLEY BOROUGH COUNCIL LICENSING SUB-COMMITTEE     HEARING ON: 26 August 2026    PREMISES:  Hampshire Air Festival – Thruxton Race Circuit and Aerodrome      1.  PRESENT     SUB-COMMITTEE     Councillor Jan Budzynski (in the Chair)     Councillor Iris Andersen     Councillor Karen Dunleavey       APPLICANT     Montserrat Events and Festivals Limited   Jonathan Moore   Tessa Bush         RESPONSIBLE AUTHORITIES     Environmental Health   Lorna Taylor   Neil Scott         INTERESTED PARTIES     Brigadier Chamberlain   Mr. Counsell   Mr. Field       OTHERS     Legal Officers – Asitha Ranatunga, Claire Taylor     Democratic Services Officer – Ben Ryan     Licensing Manager – Jason Kirkwood       NATURE OF APPLICATION     Application for a new premises licence.       DECISION   In reaching its decision on this application, the Sub-Committee has had due regard to the National Guidance issued by the Secretary of State under s182 of the Licensing Act 2003, to the Council’s own Statement of Licensing Policy, and together also to the written representations duly made prior to today’s hearing, and to the oral representations made here today.   Resolved:   That the Licensing Sub-Committee grant the licence with the addition of the following conditions   Conditions   (Proposed by Environmental Health and amended following the hearing)   1.  Live or recorded music in the open air where the primary purpose is to provide entertainment to a public audience shall only be permitted between the hours of 10:00 -23:00, not exceeding 12 hours duration in any 24-hour period. 2.  A Sound Management Plan (SMP) for events involving live or recorded music (beyond background music), PA System and music associated with other activities (such as bars and rides) shall be prepared and shall contain the methodology which shall be employed to control sound from music produced on the premises. The SMP must include the arrangements for preventing public nuisance and consultation with the local community and contain details of; a.  Stages and external loudspeaker systems, a schedule of their location, orientation, and shutdown times and their maximum audience capacity, b.  Management command and communication structure /methods for ensuring that permitted sound system output and finish times are not exceeded, c.  Sound level limit at sound mixing desk (not to exceed 91db(A) and to be agreed on an event basis. d.  Details of monitoring points e.  Details of any sound checks to be performed to prevent public nuisance f.  Action to be taken by the Event Organiser following complaints. 3.  The person undertaking the licensable activity for concerts shall abide by the final SMP. The SMP shall be subject to document control. The person undertaking the licensable activity shall submit any amendments that arise through unforeseen circumstances, and which have a significant likelihood of adverse impact, for review by the responsible authorities and owner of the premises. 4.  The person undertaking the licensable activity shall maintain a Community Helpline for concerts. The contact details shall be published locally no less than seven days in advance and shall include a phone number and email address. 5.  The person undertaking the licensable activity shall not use sound amplification systems outside the permitted hours for any purpose other than for health and safety or public order purposes 6.  An appropriately qualified noise consultant shall be appointed to liaise between all parties including the Licensee, promoter, sound system supplier(s), sound engineer(s) and the Licensing Authority on all matters relating to environmental noise control prior to and during each event. In particular, the appointed noise consultant shall monitor noise levels at each event and advise the Licensee's nominated representatives accordingly to ensure that the noise limits are not exceeded. 7.  If required, a sound propagation test can be undertaken before the event in order to set control limits at the mixer sound positions to ensure compliance with agreed conditions. The sound system shall be configured and operated in a similar manner as intended for the event. The sound source used for the test shall be similar in character to the music likely to be produced during the event. 8.  For each event the person undertaking the licensable activity shall nominate a specific individual who will have absolute authority to instruct the sound engineers to reduce sound system volume levels. This nominated person will be equipped with mobile telephones with vibratory alert and shall liaise with the appointed noise consultant, the sound engineers and representatives of the Licensing Authority to ensure compliance with the Licence conditions. Unless otherwise agreed, the Licensing Authority will be provided with the name and telephone number of the nominated persons not later than 72 hours before each event. In the event that the nominated person is for whatever reason unable to fulfil his or her function, an alternative person shall be nominated and his or her details provided to the Licensing Authority as soon as possible. 9.  Noise levels on-site shall be monitored throughout each event by a fixed measurement system with the measurement microphone located at the mixer position or other agreed location in the audience area. 10.  In the event that the Music Noise Level is measured to exceed the specified noise limit during the first five minutes of any 15-minute measuring period, the appointed noise consultant shall instruct the nominated person via telephone to adjust the Music Noise Level such that the 15-minute Music Noise Level will be met. This adjustment shall be made within 5 minutes of the instruction being given. 11.  The Licensee shall undertake noise monitoring throughout the duration of the event to ensure compliance with agreed music noise levels. The monitoring programme shall be submitted to the Local Authority for approval at least 7 days prior to the event and shall include a plan indicating the monitoring positions within the site and the noise sensitive premises off site where monitoring will be undertaken. It shall include the action plan to be followed should the monitoring detect music noise levels in excess of those agreed.   (Proposed by the Police and amended after the hearing)   12.    a.  This licence shall authorise the relevant licensable activities for a maximum of 14,999 persons, which shall include all persons present at the premises including ticket holders, performers, guests and staff. b.  A suitable process of entry must be in place to ensure accurate numbers of those in attendance is known and can be shared with the responsible authorities upon request. 13.  This licence is time limited and authorises licensable activities for the Hampshire Air Festival on One Friday, Saturday and Sunday to run concurrently in September each calendar year. 14.    a.  The premises licence holder shall ensure that the Event Organiser submits an initial Event Management Plan including site plan (to Ordinance Survey standard) to the Licensing Authority and Police at least 60 days prior to each event. b.  The premises licence holder shall ensure that the Event Organiser submits a final version of the Event Management Plan (‘final’ to the satisfaction of the Safety Advisory Group) including the site plan (to Ordinance Survey standard) to the Licensing Authority and Police at least 28 days before each event. [For the Hampshire Air Festival this year (2026) only, the final version of the Event Management Plan must be submitted at least 7 days before the event, due to the timing of the grant of this Licence]. c.  The premises licence holder shall ensure the implementation of an Event Management Plan – The arrangements (as detailed in the final submitted Event Management Plan) for protecting public safety, preventing crime and disorder, protecting children, and preventing public nuisance shall be fully implemented prior to and during the event as required. d.  The event shall have an event log in place. This must be kept up to date by event management and will be used to record all significant policy decisions made during the event by staff. This log shall be available for inspection by the responsible authorities on request. e.  The Event Management Plan must include but not be limited to the following policies and plans:   i.  Event Management Structure, roles and responsibilities   ii.  Alcohol Management Plan   iii.  Crime, drug & disorder policy   iv.  Welfare, vulnerability & safeguarding policy   v.  Major Incident and Emergency Plan   vi.  Medical Provision Plan   vii.  Evacuation Plan   viii.  Security and counter terrorism policy   ix.  Search Policy   x.  Ejection & refusal policy   xi.  Lost and found Child Policy   xii.  Vulnerable Adults Policy   xiii.  Adverse weather plan   xiv.  Traffic Management Plan   xv.  Sound Management Plan   xvi.  Plan of the event (detailing position of all entertainment stages and points of alcohol sales) 15.   Alcohol may only be sold from the bar locations detailed on the final plan. 16.  Each bar must have a radio communication link to Event Control and Security Staff during the event. 17.    a.  All persons who are frontline door supervisors, SIA registered, and whose position or role profile is solely security at the premises, shall wear a fluorescent and reflective tabard or jacket, clearly marked ‘Security’ at all times. b.  If a person is ejected from the premises or a part of the premises by a member of staff, a record must be made of the incident including details of the staff members involved and a summary of the circumstances. This must be completed as soon as practicable but prior to the end of the duty. c.  At the terminal hour of operation each day, the licence holder shall ensure that adequate numbers of security staff are employed to assist with the management of customers leaving the premises or part of the premises and those remaining in the immediate vicinity. d.  The operator shall maintain a duty register giving details of each and every person employed in the role of a security and shall provide upon request by any responsible authority, the following details:   i.  The full licence number, name, residential address and telephone number of that person   ii.  The time at which they commenced that period of duty, with a signed acknowledgement by that person   iii.  The time at which they finished the period of duty, with a signed acknowledgement by that person   iv.  Any times during the period of duty when they were not on duty   v.  If that person is not employed directly by the operator or venue but via a security contractor company, then details of this company shall also be supplied (company name and out of office contact details)   vi.  The register shall be kept upon the premises so that it can be readily inspected by any responsible authority immediately upon request.   vii.  Marshalls and/or Stewards shall wear a fluorescent and reflective tabard or jacket of a different colour to that of SIA staff, clearly marked with their role, at all times.   viii.  All accredited security staff shall be linked via radio. 18.    a.  The premises licence holder shall ensure that a training package is in place in order for all staff involved with the sale or supply of alcohol to be sufficiently trained in licensing matters proportionate to their role and aware of their responsibilities. b.  Particular attention must be paid to preventing underage sales, ID verification and the refusal of alcohol sales to a drunk person. c.  This training shall be reviewed and updated at reasonable intervals but as a minimum, prior to each event. d.  Training records must be kept for a minimum of 12 months and be produced upon request by any of the responsible authorities. e.  Staff will be issued a wristband to show that they have completed this training prior to being authorised to make sales of alcohol on the premises. 19.    a.  A record shall be kept of all refusals to sell or supply alcohol. The record shall be kept and maintained at the bar to which the refusals relate and shall be made available for inspection immediately upon request by any responsible authority. b.  Refusals shall be notified to the other bars on site as soon as possible. c.  The records of refusals shall be retained for a minimum of 12 months. 20.    a.  Guests attending the event shall not be permitted to bring their own alcohol onto the premises with the exception of dedicated camping zones as detailed in the EMP.   21.  No glass bottles or glass drinking vessels will be permitted in the customer areas of the premises. 22.  A search policy must be written and implemented to prevent prohibited items accessing the premises. 23.  NEW NUMBER  A prohibited items list must be displayed at all entry points to the premises. 24.  NEW NUMBER  All public areas must be adequately lit whilst licensable activities are taking place during the hours of darkness. 25.  Medical and welfare provision must be available at all times licensable activity is taking place on the premises. 26.  Children, under the age of 18, must be accompanied by a responsible adult at all times. This must be a condition of entry to the event. 27.    a.  There shall be a Welfare Area within the licensed premises dedicated to dealing with child welfare and vulnerable adults. Those staffing these areas shall be DBS checked. These checks and qualifications shall be documented and provided to Police on request. b.  Wristbands will be made available at all entrances for parents or guardians to attach their contact details to the child. 28.    a.  The premises licence holder shall ensure that a ‘Challenge 25’ system is in place and Challenge 25 notices shall be prominently displayed where sales of alcohol are made. b.  Every individual who appears to be under 25 years of age seeking to purchase or be supplied with alcohol, shall produce acceptable means of identification and age confirmation. Acceptable identification shall be a passport, photo driving licence, PASS accredited photo ID, armed forces ID card, or Government approved digital document. c.  If the person is unable to produce acceptable means of identification, no sale or supply of alcohol shall be made to or for that person and a refusal recorded in the refusal log.     Additional Conditions   29.  A formal after the event review shall take place within a period of 2 calendar months after each event with all responsible authorities, Thruxton, Kimpton, and Fyfield Parish Councils, and the Community Engagement Forum invited to discuss any issues arising from that event. Reason: To ensure that all licensing objectives are being promoted. 30.  There shall be no airborne fireworks in 2026.   Reasons   The Committee considered that the application primarily engaged the licensing objectives of the prevention of public nuisance and prevention of crime and disorder which it must promote.   Issues relating to the air show itself were subject to a separate regulatory regime overseen by the Civil Aviation Authority.   As to crime and disorder, the Committee placed significant weight on the Police as responsible authority, having regard to para. 9.12 of the s.182 Guidance. The Police have raised no objection to the grant of the licence subject to the imposition of conditions. The Committee imposes those conditions with minor amendments and considers them to be both appropriate and proportionate.   As to public nuisance, the Committee similarly places significant weight on the representation from Environmental Health as the responsible authority on noise matters, having regard to para. 9.12 of the s.182 Guidance. The Environmental Health Team have discussed and worked with the applicant and have proposed a series of conditions. The Committee imposes those conditions with minor amendments and considers them to be both appropriate and proportionate. The Committee notes that Environmental Health have their own enforcement powers if noise issues arise under separate legislation (e.g. statutory nuisance under the Environmental Protection Act 1990).   The Committee has had full regard to the representations made by Other Persons. However, it is mindful that this is a new application for a premises licence which is limited to one weekend event per calendar year (as clarified at the hearing). The impact of the use of Thurston Race Circuit and Aerodrome for licensable activities as part of this event is untested at this stage. The Responsible Authorities have assessed the application and supporting documentation and are satisfied that the premises licence can be granted subject to conditions.   With the imposition of the series of conditions, together with the condition requiring a review meeting to be held after each event, the Committee considers that any fears and concerns raised by Other Persons can be addressed on a regular basis, which will encourage better consultation, help minimise public nuisance, and promote the licensing objectives.   If the applicant is found to be in breach of the licence or to have undermined the licensing objectives, the Act contains a statutory review mechanism for the issues to be aired and addressed. This provides an important safeguard for the public. The 2003 Act is permissive to this extent. The Committee does not consider that it would be appropriate to restrict the premises licence to one year given the safeguards in place.    The Committee did consider issues raised by Other Persons as to secondary spectators (that is, non-ticketed spectators seeking to view the event from outside of the red line area) and the public safety concerns raised. However, the Committee considered that it would not be appropriate to condition or restrict the licence by reference to secondary spectators, since they would not engage with the licensable activities. The concerns raised would best be dealt with through the Safety Advisory Group process.   As to concerns raised relating to the Traffic Management Plan, and particularly concerns as to the impact of the licensable activities on the village of Thruxton, the Committee considered that due consideration would be given to this aspect of the Event Management Plan through the SAG process, particularly with the involvement of the Highways Authority. Provision of the Traffic Management Plan and consideration of that plan pursuant to the conditions on this licence would promote public safety.   Fire safety matters are addressed under a separate regulatory regime (the Regulatory Reform (Fire Safety) Order 2005. The Fire Authority is a Responsible Authority and has raised no objection to the grant of the licence.   Equally, planning matters, including planning policy such as the Local Plan, are subject to a separate statutory regime under the Town and Country Planning Act 1990 and related legislation. There is no objection to the grant of the licence by the Planning Authority as Responsible Authority.   Finally, the Committee considered the issues raised in relation to livestock and the local stables by Other Persons. Although the Committee was sympathetic to potential concerns raised, the Committee had no power to control or restrict the air display in relation to potential aircraft noise. It was also considered that the welfare of the horses did not fall under any of the licensing objectives, such that it would be difficult to see how such concerns could engage the promotion of them.     For those reasons, the Committee has decided to grant the licence with conditions.   Please note that any aggrieved party does have the right of appeal to the Magistrates’ Court within 21 days of being notified of the decision.  

Date of Decision: August 26, 2026