TWO Warrington residents who tried to stop the Creamfields music festival going ahead this year have lost their battle – and been landed with £13,500 costs.
A judge at Runcorn has ordered Paul Barlow and Peter Priestner – members of the neighbourhood action group which opposed the festival – to pay the costs following a two-day appeal hearing at Runcorn.
Originally Halton Borough Council and festival organisers Cream had sought costs totalling £23,500, but the judge reduced the amount.
Mr Barlow said he had been stunned by the award.
“It’s a victory for the legal system over common sense,” he said.
Halton Council granted a licence for the controversial festival at Daresbury earlier this year, despite opposition from 160 local residents who claim it causes a noise nuisance, traffic congestion, litter and anti-social behaviour.
Mr Barlow and Mr Priestner decided to appeal against the council’s decision and found themselves in a David and Goliath struggle against lawyers and expert witnesses engaged by the council and the Cream organisation.
Mr Barlow admitted he had expected the appeal hearing to be similar to the original application by Cream.
He said: “It turned out to be more a technical and legal argument.
“I am actually annoyed with Warrington Borough Council because they originally opposed Cream’s application for a permanent licence. But at the appeal they ended up as Halton’s main witnesses – stating that in their opinion the festival did not cause a nuisance. After that, we didn’t really stand a chance.”
Mr Barlow said it was likely he would object to the Creamfields festival again next year – but that he would not appeal against the decision if the application was granted.
Mr Priestner was not actually at the appeal hearing because he was away on holiday. But he has still been ordered to pay costs.
TWO Warrington residents who tried to stop the Creamfields music
festival going ahead this year have lost their battle - and been landed
with £13,500 costs.
Pop festival objectors must pay £13,500
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Gary Skentelbery
Experienced journalist for more than 40 years. Managing Director of magazine publishing group with three in-house titles and on-line daily newspaper for Warrington. Experienced writer, photographer, PR consultant and media expert having written for local, regional and national newspapers. Specialties: PR, media, social networking, photographer, networking, advertising, sales, media crisis management. Chair of Warrington Healthwatch Director Warrington Chamber of Commerce Patron Tim Parry Johnathan Ball Foundation for Peace. Trustee Warrington Disability Partnership. Former Chairman of Warrington Town FC.
6 Comments
Typical of the council to ignore the wishes of the people. Roll on the revolution.
I have no major problems with the creamfields event taking place but then again I do not live right on it’s doorstep thank goodness.
What I DO have a problem with is the fact that these two residents have been ordered to pay £13500 in costs by a Judge just becasue they felt strongly enough to appeal against the license decision. Slightly biased decision anyway as isn’t Runcorn part of Halton.
It was unlikely that the residents group would get their way though as tickets were sold for the event and acts were booked way before the licence was granted. ££££££££’s
Cremafields organisers should NOT have claimed costs let alone be awarded any in my opinion as they make an absolute fortune from the event anyway !!!!!!!!
Maybe WBC and Halton BC could club together and pay the fine on behalf of the residents from the money they receive:)
What is clear from this though is that Creamfields is obviously here to stay for a very long time 🙁
Another example of this councils tactics in ‘appearing’ to be backing the public whilst having an opposite agenda!
I agree with you Silver Surfer. Roll on the revolution!
Whilst the Appeal was heard at Runcorn Magistrates’ Court, it was held before the Northern Circuit District Judge, Miriam Shelvey. I attended the Appeal hearing on Wednesday afternoon, and as an interested party, I have asked for a transcript of the judgement which I will make available. Officers from both Halton & Warrington Borough Councils attended the hearing as witnesses to give evidence…..under oath. It was District Judge Shelvey who determined the outcome of this Appeal based upon the evidence presented to her, and indeed in the case of costs, it was she who reduced the amount claimed to the £13,500 as quoted. Having sat in the Court for a number of hours, I was impressed by District Judge Shelvey and the way in which she ran the Appeal. Appellants always risk the liability of costs being awarded against them in the event that their Appeal is unsuccessful. It is incorrect to call it a fine. Warrington Borough Council do not receive any money from the licence fee. I believe Local Government legislation would prohibit the reimbursement of costs to the Appellants, Paul Barlow and Peter Priestner.
As I understand the Appeal process, had the appeal have been successful, Cream would have right of appeal to a higher court, but because the event had already been licensed, it would have been allowed to go ahead. But that the decisions of the Courts would have affected future licence applications…..but I do stand to be corrected if my understanding is incorrect. Therefore the selling of tickets etc had no bearing on the decision. Event organisers do have insurance against cancellation.
With regards to the comments “roll on the revolution” and “backing the public”, it is worth noting that whilst 150 or so residents submitted objections to the licensing hearing in June, 2 appealed the decision, over 1000 complimentary tickets worth over £100 each have been requested by residents in order that they can attend the event for free.
The licensing Act 2003 gave residents the right to object to license applications and appeal such decisions without the fear of costs being awarded to them…..Courts were advised that cost should be the exemption and not the rule. The Act was about giving residents and communitiesa greater say in licensing decisions that affected their lives which can be blighted by such events. However, it appears the act is not working as the government intended and there have been several decisions of late were residents have been awarded considerable costs against them. This brings the act into disrepute and is penalising residents for following this advice. Both LAARN (Licensing Residents Network) and Vince Cable MP are extremley dismayed by this situation and will be reporting to parliament on these findings.
The people of Warrinton need to know that although Warrington Borough Council objected to the license on the grounds of public nuisance and deemed the noise levels unacceptable in the words of their principal environmental officer Phil Ramsden who took the stand for 90 minutes as Halton Borough Councils Chief witness…… This event is not a nuisance . At last as local residents and taxpayers we all know where we stand WBC have nailed their ccolours to th flagpole!
Hi there, i read your thread with interest and concern as we find ourselves in a similar position to yourselves albeit in the early stages. Do you have any advice or are there any pointers you could give to help the cause. Many thanks.