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Grant of Public Entertainment Licence PE441

Perth and Kinross Council · 20 May 2024
Back to Licensing Committee — 20 May 2024 and its agenda

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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE
20 May 2024
REPORT BY STRATEGIC LEAD - LEGAL AND GOVERNANCE 
TYPE OF APPLICATION Grant of a Public Entertainment Licence 
APPLICANT Heartland Festival Ltd, 18 Duke of Edinburgh Drive, Pitlochry PH16
5LU
PREMISES  Pitlochry Recreation Ground, Ferry Road, Pitlochry PH16 5DZ 
THE APPLICATION Heartland Festival Ltd has applied for a one-year Public
Entertainment Licence to hold a music festival at Pitlochry
Recreation Ground, from 29-30 June 2024. 
The proposed event is an outdoor music festival with a maximum of
8000 attendees. The site will comprise the main arena,  and car
parking and will incorporate one bar outlet and food stalls. There
will also be a funfair comprising 3 funfair rides and a Ferris wheel. 
The proposed operating times for the event, including the car park
and main arena are set out in the draft licensing conditions
attached as Appendix 1. 
The draft licensing conditions require the production of an agreed
safety management plan before 20 May 2024 which will address
the key issues to ensure a safe event. The details of the safety
management plan are included in Table 1 of the draft licensing
conditions. 
1 letter of objection has been received from a member of the public
regarding this application (See the attached letter of objection in
Appendix 2). 
LEGAL POSITION The Civic Government (Scotland) Act 1982 provides grounds for
the refusal of a public entertainment licence.  Any decision to
refuse a public entertainment licence must be relevant to one or
more of the following grounds of refusal as detailed in the Civic
Government (Scotland) Act 1982. 
A licensing authority must grant the application unless one of the
grounds of refusal exists. If, in the opinion of the Committee, a
ground of refusal exists then the application must be refused.   
The grounds for refusal are: -
The activity to which the licence relates would be managed by or
carried on for the benefit of a person, other than the applicant, who
would be refused such a licence if they made the application.
Where the licence relates to an activity consisting of or including
the use of premises, those premises are not suitable or convenient
for the conduct of the activity having regard to:

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 the location, character or condition of the premises, vehicle
or vessel;
 the nature and extent of the proposed activity;
 the kind of persons likely to be in the premises, vehicle or
vessel;
 the possibility of undue public nuisance, public order or
public safety; or
 there is other good reason for refusing the application. 
In deciding whether or not to grant or renew a licence, the Council
will consider each application on its own merits and will take into
account the following: 
 any Objections or Representations
 any other relevant considerations 
The Head of Legal and Governance Service has delegated powers
under the Council’s Scheme of Administration to suspend the
licence in terms of paragraph 12, Schedule 1 of the Civic
Government (Scotland) Act 1982 where the carrying on of the
activity to which the licence relates has caused or is likely to cause
undue public nuisance, a threat to public order or public safety.
Therefore, if there is any breach of the licensing condition prior to
the event that could have an adverse impact on public safety, this
would be reported to the Head of Legal and Governance Service
who would decide whether the licence should be suspended.   
OPTIONS The Committee needs to consider whether: 
a) the objection received relates to the activity of a Public
Entertainment Licence. 
b) To approve or amend the draft conditions in Appendix 2. 
Thereafter the options open to the Committee are to: 
 grant the application with the approved conditions.
 grant the application with the approved conditions for a
shorter period of time. 
 refuse the application. 
PROCEDURE  Ask the applicant to provide information about the event
 Identify parties.
 Consider any preliminary issues
 Members of the public speak to their objections.  
 Committee asks any questions to the objectors.
 Applicant makes submission.
 Committee asks any questions of the applicant.
 Objector sums up.

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 Applicant sums up.
 Committee makes decision.

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