Issue - items at meetings - Speed Trials

Report of the Assistant Chief Executive (copy attached)

RESOLVED – (1) That the Committee grants landlord’s consent to Brighton & Hove Motor Club, subject to any guidance given by the Safety Advisory Group to the council and the conditions of any permit or licence issued by the Motor Sports Association and the Auto-Cycle Union, to stage the Brighton Speed Trials on Madeira Drive on 6th September 2014 and for the following 2 years (in line with other events that are agreed for 3 years), further subject to a condition requiring the organisers to fund all associated costs, including essential safety requirements needed for the event to take place, on the basis that the organisers will retain income from the event and will fully indemnify the council against compensation claims made against it as a result of any accidents during the Speed Trials in the future; and

(2) That the Committee approves a payment of a hire fee for the event by Brighton & Hove Motor Club.

51.1 The Committee considered a report of the Assistant Chief Executive setting out proposals received from Brighton & Hove Motor Club (BHMC) to stage the Brighton Speed Trials on Madeira Drive in 2014 and outlining reasons why it might not be appropriate to grant landlord’s consent. It was noted that a letter of support for continuation of the event had been received from Simon Kirby, the MP for Brighton Pavilion and that following publication of the report 14 further letters expressing support for the event had also been received.

51.2 It was noted that the BHMC was a tenant of the council occupying premises in Madeira Drive as a private club with 200 members. The review of the Speed Trials event had focussed on the unique circumstances of the event itself and not the club’s occupation of these premises, or the wide range of motor rallies that took place on Madeira Drive each year.

51.3 The National Speeds Trials, organised by BHMC Ltd, had been held on Madeira Drive in September for many years (the first was held in 1905) but had not taken place in 2013 pending the outcome of an inquest place into a fatality at the 2012 event. Following the findings of that inquest The Motor Club had indicated their desire to hold the event in 2014.

51.4    Although the report from the Coroner’s Inquest had cleared the event organisers or any other party of any blame for the fatality that occurred in 2012, officers were very mindful of the safety issues in relation to this event. While motor sport was inherently dangerous, the council could not ignore that a fatal accident and serious injury had occurred at the Speed Trials in 2012 and that if the event took place again there was the potential for further loss of life and serious injury.

51.5    Madeira Drive was a public highway and as such was not a purpose built modern sprint track. The Highways section had confirmed that the surface of the road was designed and maintained for normal road traffic ie at 30 mph, not vehicles racing at speeds exceeding 100 mph. As Madeira Drive was not a purpose built modern sprint track and included items such as street furniture appropriate for a public highway, it was inevitable that the level of risk for such an event was enhanced. Whilst there was a level of risk at purpose built motor sport facilities, it was a risk that could be more easily managed at such venues.

51.6    The Speed Trials were the only event, which resulted in the closure of businesses on Madeira Drive. This is due to the health and safety requirements of the track licence granted by the MSA. These include Yellowave, Adventure Golf, Grace’s Place Café, Concorde II, Beach Cruiser Bike Hire as well as the Volks Railway. In addition, the Martlet Kayak Club, boat lockers, and beach chalets were unable be used on the event day. These businesses would clearly benefit if they were able to stay open. The Committee were therefore requested to consider the options available to them as set in paragraph 2.1-2.4 of the report and to determine the approach that they considered to be the most appropriate.

51.7    Prior notification of a joint amendment by Conservative and Labour and Cooperative Groups had been received. The Chair confirmed that he had also added some wording which had had been accepted by the proposer and seconder and that this had been circulated to all Members in advance of the meeting. If the Committee were in agreement that he was now putting the amended substantive recommendations in order for Members to vote on them.

That the Committee consider which of the following options is appropriate:

2.1 That the committee does not grant landlord’s consent to stage the Brighton Speed Trials on Madeira Drive in 2014.

2.2 That the Committee grants landlord’s consent to stage the Brighton Speed Trials on Madeira Drive on 6^th September 2014 and for the following 2 years (in line with other events that are agreed for 3 years) and that the Brighton & Hove Motor Club, during this 3 year period, work together with the Safety Advisory Group to address any outstanding safety concerns. The consent be further subject to a condition requiring the organisers to fund all associated costs including essential safety requirements needed for the event to take place on the basis that the organisers will retain income from the event.

2.3 That the committee defers any decision to enable officers to seek further advice from the Safety Advisory Group so that a further report can be provided to the committee as soon as possible.

2.4 That in the event of option 2.2 being agreed the committee approves a payment of a hire fee for the event by the organisers if it takes place.

Proposed by: Councillor. Vanessa Brown

Seconded by: Councillor Brian Fitch

51.8 Councillor Bowden, the Chair stated that he was happy to accept the proposed amendment to which he had added additional wording which he hoped would be acceptable and could become the substantive resolution of the Committee. This is set out below:

            That the Committee grants landlord’s consent to Brighton & Hove Motor Club, subject to any guidance given by the Safety Advisory Group to the council and the conditions of any permit or licence issued by the Motor Sports Association and the Auto-Cycle Union, to stage the Brighton Speed Trials on Madeira Drive on 6^th September 2014 and for the following 2 years (in line with other events that are agreed for 3 years), further subject to a condition requiring the organisers to fund all associated costs, including essential safety requirements needed for the event to take place, on the basis that the organisers will retain income from the event and will fully indemnify the council against any compensation claims made against it as a result of accidents during the Speed Trials in the future.

   Proposed by Councillor Geoffrey Bowden

   Seconded by Councillor Hawtree

51.9   Councillor Bowden explained that he hoped that this new composite amendment could become the substantive motion and would be acceptable to the Committee because as well as providing a degree of certainty for the event organisers which would assist them in terms of their longer term planning and fundraising it also sought to ensure that any risk was covered by the organisers in an appropriate manner.

51.10  Councillor Brown stated that she had put forward the proposed amendment as she considered it was important for the organisers to have the security of knowing that the event could go forward for a period of 3 years as this would assist with their longer term planning and fund raising. Councillor Brown stated that it was important to note the exemplary way in which event had always been organised and run, the Coroner’s report had absolved the Brighton and Hove Motor Club (BHMC) of any blame. The fatality in 2012 had been the result of a tragic and rare accident and it should be noted that all potentially dangerous sports carried an element of risk which those taking part accepted, those taking part needed to meet rigorous standards and to be experienced. Safety checks were made to the course and vehicle before and during the event and subsequently and no fault had been found. The Council itself placed stringent conditions on any permissions granted. Councillor Brown did not consider that the arguments made relating to the disbenefit to some traders as a result of the road closure were valid as the closure was for a short period and was counterbalanced by the significant benefits that it provided for the city as a whole.

51.11  Councillor Fitch concurred with the points made by Councillor Brown. The event had been taking place in Brighton since 1905 and the huge level of support, the highest number of signatories to a petition ever, indicated the esteem in which this event was held. He was firmly of the belief that the unfortunate tragedy that had occurred should not cloud any decision regarding its future. Provided that the necessary measures were in place (as proposed by the amendment), he considered that permission should be granted.

51.12  Councillor Buckley stated that she was disappointed that there had been a lot of conjecture regarding the motivations of the Green group, she considered that the proposed amendment (as amended by the Chair) represented a reasonable way forward, with any liabilities properly covered, an approach which she felt able to support.

51.13  Councillor Morgan stated that he was impressed by the manner in BHMC had addressed the concerns which had been raised in a detailed and comprehensive way. He considered that the health and safety concerns had been properly addressed and it was clear that the highest standards would continue to be met. The event had a long tradition and was representative of the diversity of Brighton.

51.14  Councillor Smith concurred stating that he considered that the event was part of the heritage of the city and that there were compelling reasons for it to continue.

51.15  Councillor C Theobald considered that a strong case had been made for this event to continue and had been impressed by the arguments put forward by those who had spoken in support of its continuance.

51.16  A vote was taken and Members voted unanimously that the resolutions as set out below be agreed.

51.17  RESOLVED – (1)That the Committee grants landlord’s consent to Brighton & Hove Motor Club, subject to any guidance given by the Safety Advisory Group to the council and the conditions of any permit or licence issued by the Motor Sports Association and the Auto-Cycle Union, to stage the Brighton Speed Trials on Madeira Drive on 6th September 2014 and for the following 2 years (in line with other events that are agreed for 3 years), further subject to a condition requiring the organisers to fund all associated costs, including essential safety requirements needed for the event to take place, on the basis that the organisers will retain income from the event and will fully indemnify the council against compensation claims made against it as a result of any accidents during the Speed Trials in the future; and

(2) That the Committee approves a payment of a hire fee for the event by Brighton & Hove Motor Club.