Applications were invited in September 1998. By the closing date of 5 January 1999, two applications were received, as follows:

Regatta Radio Ltd

South Hams Radio Ltd

The licence was awarded to South Hams Radio Ltd, to run for eight years from the date the service commences broadcasting.

When licensing Independent Radio services, it is the duty of the Authority under the Broadcasting Act 1990 ("the Act") to do all that it can to secure the provision within the UK of a range and diversity of local services (section 85(2)(b) of the Act). Furthermore, under section 85(3) of the Act the Authority must discharge its functions in the manner which it considers is best calculated to :

(a) facilitate the provision of licensed services which (taken as a whole) are of high quality and offer a wide range of programmes calculated to appeal to a variety of tastes and interests; and
(b) ensure fair and effective competition in the provision of such services and services connected with them.

Under section 105 of the Act, the matters to which the Authority shall have regard when determining whether, or to whom, to grant a local licence are :

(a) the ability of each applicant to maintain the proposed service throughout the licence period;
(b) the extent to which the proposed service would cater for the tastes and interests of persons living in the area or locality for which the service would be provided, and, where it is proposed to cater for any particular tastes and interests of such persons, the extent to which the service would so cater;
(c) the extent to which the proposed service would broaden the range of programmes available by way of local services to persons living in the relevant area or locality, and, in particular, the extent to which the service would cater for tastes and interests which are different from those already catered for by existing local services in the area; and
(d) the extent to which any application is supported by persons living in that area.

While the requirements of sections 85 and 105 of the Broadcasting Act 1990 will invariably form the basis of all awards, each licence award will be made on an individual basis, with regard to the factors which, in the view of the Authority, are particularly relevant to that case.

When it advertised the availability of the South Hams local licence the Authority invited public comment on the local radio needs of listeners in this area, and the type of programme service required. Copies of the non-confidential sections of the applications were made available for public inspection at the Authority’s office in London and at public libraries in Buckfastleigh, Dartmouth, Kingsbridge, Salcombe and Totnes. A notice was issued on 5 January 1999 inviting public comments on the applications. The Authority took all replies into account when reaching its decision.

Both applications have been considered carefully by the Authority in accordance with the Act, and as against the advertised criteria set out in the Authority’s Notes of Guidance for Local Licence Applicants and the coverage brief for this licence, issued at the date of the licence advertisement. The applicants were invited to respond to written questions on programming, audience and support, and finance. Telephone interviews were conducted on the composition and history of the applicant groups.

Existing commercial radio provision

Some parts of the South Hams district are overlapped by existing ILR services based in neighbouring areas: from Plymouth Sound FM and AM in the north-west, and Gemini FM and Westward Radio (AM) from Torbay to the north-east. However, much of the South Hams area is currently unserved by ILR at all, and the applicants’ proposals, and the Authority’s evaluation of these, have effectively approached local requirements on this basis, with the ‘broadening of choice’ being achieved by the provision of a locally-focused service which is currently lacking.

Assessment of the winning application

There were many similarities between these two applications, and Members thought that both deserved credit for seeking to provide a distinct local service throughout the day for the South Hams area. However, Members considered that in some key respects, the proposals made by South Hams Radio were the more convincing.

South Hams Radio had demonstrated a sustained commitment to providing a local radio service in the area over a considerable time. The ten-strong board of directors had all been recruited by January 1997 and included both radio professionals and individuals representing local interests. South Hams Radio has been active in community liaison and promotion since that time. This has resulted in an impressive amount of local support for its application from local politicians, businesses, clubs and societies as well as members of the general public, which was not matched by the evidence of support for Regatta Radio.

A team of professional locally-resident presenters is already in place to deliver the proposed service, which will consist of classic hits and easy listening music with local news on the hour during daytime. The music service will focus more on a younger audience during evenings. Speech output will include various community initiatives and a 15 minute daily news round-up.

South Hams Radio can offer radio management expertise and reliable financial backing through its association with Plymouth Sound, the neighbouring ILR service. Forty-five per cent of the funding is provided by Plymouth Sound, which in turn is owned by The Local Radio Company Ltd, an established operator of local radio services. Consequently, management structure and financial plans appear to be solid and achievable.

Members noted that the transmission proposals as detailed in the application were comprehensively researched. It was clear that the siting of the main transmitter and the number of relays would ensure that a good quality of reception should be available in all significant centres of population within the licence area.