Section 355 Review of Output: Juice 107.2 (Brighton)

When a local commercial radio licence undergoes a change of control (this includes licence transfer), Ofcom is required, under section 355 of the Communications Act 2003 (the Act), to undertake a review of the effects or likely effects of the change of control in relation to:

• the quality and range of programmes included in the service; • the character of the service, and; • the extent to which Ofcom’s duty under section 314 of the Act is performed in relation to the service. Ofcom’s duty under section 314 of the Act relates to securing the inclusion of an appropriate amount of local material, and a suitable proportion of locally-made programmes in the service.

Under section 356 of the Act, where it appears to Ofcom from its review that the change of control would be prejudicial to any of the three matters listed above, then it must vary the licence, by including such conditions as it considers appropriate, with a view to ensuring that the relevant change of control is not so prejudicial. In doing so, any new or varied conditions must be such that the licence holder would have satisfied them throughout the three months immediately before the change of control. Ofcom is required to publish a report of its review, setting out its conclusions and any steps it proposes to take under section 356. Where Ofcom proposes to vary the licence, it is required to give the licence holder a reasonable opportunity to make representations about the variation.

In July 2015, a change of control took place at Brighton & Hove Radio Limited (‘BHRL’), which holds a local commercial FM licence for the Brighton and Hove area (AL211). 50.5% of all the shares in BHRL are now held by UKRD Group Limited, which previously had no shareholding. The company’s previous six shareholders remain, but now hold a stake in the order of half the size as before the change of control. BHRL had two directors Daniel Nathan and Ryan Heal, who remain and are joined by three directors from UKRD: William Rogers, Andrew Preece and Timothy Watson.

Ofcom has now carried out its review under section 355 in relation to the Brighton and Hove analogue service Juice 107.2. In doing so, it has reviewed the output of Juice 107.2 in the three months prior to the change of control taking place,1 and considered information provided to it with regard to the future programming on the station.

1 At Ofcom’s request, BHRL supplied Ofcom with recordings of the station’s output between 23-25 July 2015

Ofcom’s assessment of the output of Juice 107.2 (prior to the change of control)

The Character of Service of the station is:

A LOCALLY ORIENTED MAINSTREAM POPULAR MUSIC AND INFORMATION STATION, WITH FEATURES REFLECTING THE CULTURE...PARTICULARLY THE YOUTH CULTURE…OF THE AREA

The station’s Format is shown in Annex 1. Annex 2 is the licensee’s completed Review of Output, which summarises the output of this service.

In reviewing the station’s output prior to the change of control, it was noted that the licensee was required to broadcast locally-made programming, including local material, for at least 10 hours during each weekday daytime2 and for at least four hours during daytime on each of Saturday and Sunday morning. The output from Juice 107.2 when monitored exceeded this requirement. All of Juice 107.2’s output with the exception of a single overnight specialist programme was broadcast from studios in the Brighton and Hove licensed area.

The Format also required the station to provide local news bulletins at least hourly at peaktime3 throughout the week. Juice 107.2 exceeded this requirement, broadcasting bulletins of around 2.5 minutes containing mostly local news stories on the hour throughout weekday daytimes and additional half-hourly headlines during breakfast. Similar duration bulletins were broadcast on Saturdays between 07:00 and 10:00. Bulletins comprised fully- formed stories that were directly relevant to and reflective of, the interests and concerns of listeners in the Brighton and Hove area. On Sundays, Juice 107.2 broadcast locally-focused information and news during the late breakfast period, but an hourly bulletin service was not in evidence4.

All local news bulletins were produced and presented from the station’s Brighton studios and were unique to Juice 107.2. A team of four journalists (three on weekday shifts and one covering the weekend shift) were engaged by the broadcaster.

Other local material broadcast by Juice included local traffic and travel bulletins broadcast at peak times (weekdays), an entertainment guide broadcast three times daily (Monday to Saturday), a local live music gig guide (once daily Monday to Thursday), comprehensive local weather updates; weekly interviews with local charitable and other organisations and local business news.

As noted above, Juice 107.2’s Format requires it to broadcast “mainstream popular music” reflecting, in particular, youth culture. Among the songs played on this station those listed below met these twin requirements.

Artist Title Mark Ronson feat. Bruno Mars Uptown Funk Rita Ora Poison Naughty Boy feat. Emeli Sandé Lifted Tinie Tempah feat. Jess Glynne Not Letting Go Little Mix Black Magic Hozier Someone New Fifth Harmony feat. Kid Ink Worth It

2 0600 to 1900 3 Weekday breakfast and drivetime, and weekend late breakfast 4 The station plans to start providing hourly bulletins during Sunday late breakfast. Maroon 5 Sugar Rudimental Never Let You Go Gotye Somebody That I Used To Know American Authors Best Day Of My Life

Juice 107.2 broadcast 11 specialist/themed programmes over a week (62 hours, mostly off- peak). These included specialist music programmes ranging from house and electronica to folk music and hard rock; a Saturday sports programme (14:00 to 18:00) and a speech-led creative performance arts programme broadcast Monday to Thursday 22:00 to 00:00. Full details are set out the broadcaster’s Review of Output questionnaire and programme schedule (Annex 2).

The new owner’s plans

UKRD Group Limited proposes little change to Juice 107.2 according to the new owner’s plans shown at Annex 3. With the exception of three to four hours per week, all programmes will be produced in the Brighton and Hove licensed area.

News bulletins including local news stories will be produced by a local news team. These will be of approximately 2.5 minutes duration, and will be broadcast between 06:00 and 19:00. Saturday bulletins will be broadcast hourly between 07:00 and 10:00. See also footnote 4 above.

No change is proposed in the categories of local material that will be broadcast, although the new owner did not specify the scheduling or duration of this local material. The range of specialist programmes, mostly music but also including a Saturday sports programme and a creative performance arts programme, will remain as part of the new owner’s plans.

Recommended variations to the licence

Based on our assessment of the station’s output in the three months prior to the change of control, we do not believe that Juice 107.2 was broadcasting any programming not already reflected in the existing requirements of the station’s Format which would, in our view, have a significant impact upon:

• the quality and range of programmes included in the service; • the character of the service; and, • the extent to which local material and locally-made programmes are included in the service.

Therefore, we are not proposing any variations to the licence.

January 2016

Annex 1

ANALOGUE COMMERCIAL RADIO STATION FORMAT

Service name

JUICE 107.2

Licence number AL211

Licensed area Brighton & Hove

MCA population 236,204

Frequency 107.2 MHz

Character of Service

A LOCALLY ORIENTED MAINSTREAM POPULAR MUSIC AND INFORMATION STATION, WITH FEATURES REFLECTING THE CULTURE...PARTICULARLY THE YOUTH CULTURE…OF THE AREA.

Service duration 24 hours

Locally-made Studio location: programming Locally-made programming must be produced within the licensed area.

Locally-made hours: At least 10 hours per day during daytime weekdays (must include breakfast). At least 4 hours daytime Saturdays and Sundays.

Programme sharing: No arrangements.

Local news At least hourly during peak-time weekdays and weekends. At other times UK-wide, nations and international news should feature.

Definitions Speech Excludes advertising, programme/promotional trails & sponsor credits Peak-time Weekday breakfast and drive-time, and weekend late breakfast Daytime 06.00 to 19.00 weekdays and weekends

Notes This Format should be read in conjunction with Ofcom’s published Localness Guidelines

Last amended: September 2015

Annex 2

Review of output questionnaire

Date of review: 29 July 2015 Station Name: Juice 107.2 Licensed area and licence Brighton & Hove, AL000211BA/1 number: Licensee company: Brighton & Hove Radio Ltd Submitted by (name and Daniel Nathan - Chairman position):

Existing Format

Character of Service “A LOCALLY-ORIENTED CONTEMPORARY MUSIC AND INFORMATION STATION, WITH FEATURES, REFLECTING THE CULTURE … PARTICULARLY THE YOUTH CULTURE … OF THE AREA”

Programme sharing and/or N/A co-location arrangements

Locally-made hours and/or Local production 24/7 local news bulletins

Station output questions

Please answer, as fully as possible, the following questions regarding the station’s broadcast output (the ‘station’s output’ being defined as that being broadcast regularly prior to any change of control taking place at the licence-holding company).

Ofcom also reserves the right to ask additional questions regarding the station’s output that may be specific to the particular licence.

1. Please provide details of the content, scheduling and duration of any specialist or themed programming (music-based or speech-based, and including sports shows) broadcast regularly by the station in the three months prior to the change of control.

Mon-Thurs 7-10pm: The Mixtape with Tony Marks – Alternative (ie non-playlist) indie, hip-hop, electronic, folk music and interviews) 75% music. Mon-Thurs 10pm-Midnight: Brighton Nights with Boogaloo Stu - interviews with creative artists performing in Brighton’s live entertainment venues. 50% speech Saturday 2-6pm: Sport Saturday - interviews and live score updates from Brighton & Hove Albion / Sussex County Cricket Club and other sporting events. Monday Midnight – 2am: The Indie After Party – New and classic indie music. Tuesday Midnight – 2am: Every Little Thing – Underground electronica. Wednesday Midnight – 2am: Midnight Campfire – Folk music Thursday Midnight – 2am: Strictly Business – underground hip hop. Friday Midnight – 2am: New Noise – Hard Rock. Friday 8pm – 3am: Juice’s urban music strand covering hip-hop, RnB, garage, reggae, dub, funk & soul etc. Saturday 8pm – 4am: Juice’s dance music strand covering house, electronica, drum and bass, techno, trance etc. Sunday 7am – Midnight: A day of specialist music from Juice’s sister station TotallyRadio.com covering soul, disco, funk, jazz, African, electro-swing etc.

2. Please confirm, in the three months prior to the change of control, the hours and scheduling of all locally-made programming on the station, and where this is broadcast from. Where applicable, please list any other stations the locally-made hours are shared with.

With the exception of a single weekly overnight specialist show, Juice 107.2’s output is entirely locally produced - in Brighton & Hove.

3. Please list, as fully as possible, the amount and type of local material (excluding local news bulletins) broadcast by the station in the three months prior to the change of control. Examples could include what’s on information, travel news, local weather, phone-ins, sports coverage, guest interviews, local music programmes etc.

The Juice Guide to What’s On in Brighton & Hove – Entertainment listings 3 times daily Mon-Sat. Gig Guide – Local live music listings once daily Mon-Thurs. Brighton Nights – Nightly show dedicated to local performance arts Mon-Thurs 10pm-midnight Totally Brighton – Weekly show dedicated to the local live music scene Sun 8-10pm Local weather updates – Hourly Mon-Fri 6am-6pm & Saturday 7am-1pm Sport Saturday – Sport show with a focus on local teams/events Sat 2-6pm Spirit Of The City – weekly interviews with local charitable/not for profit organisations (during Drive Time show on ad-hoc basis) Business Briefs – Local business news 4 times daily Mon-Fri

4. Please confirm, in the three months prior to the change of control, the scheduling and approximate duration of all local news bulletins. Please state whether these bulletins were ‘unique’ to this licence or shared with any other stations. Please also describe the arrangements in place for the compilation, production and presentation of local news (for example, the number of journalists employed, and any sharing of resources with other radio stations, local newspapers, news agencies or other sources).

All news bulletins are 100% unique to Juice 107.2. We have a news team of four journalists (3 per day Monday-Friday and 1 on Saturday), with all news being produced in-house and no resources shared. Monday – Friday: Bulletins on the hour (approx 2mins 30”) 6am-6pm, hourly headlines on half-hour 6.30-8.30am. Saturday: Bulletins on the hour (approx 2mins 30”) 7-10am

5. Please attach to this document a copy of the station’s programme schedule (prior to the change of control taking place).

Monday 00:00 – The Indie After Party with Rifa – New and classic indie music. 02:00 – Non Stop Juice – Back to back hits. 06:00 – The Juice Breakfast Show with Dan Gasser – Morning banter with the breakfast team. 09:00 – Nothing But 90s – Dan Gasser presents the biggest tunes of that decade. 10:00 – Juice Daytime with Talia French – Big hits & entertainment news. 15:00 – Juice Drive with Guy Lloyd – More tunes from 90s/00s & today. 19:00 – The Mixtape with Tony Marks – New music & alternative classics. 22:00 – Brighton Nights with Boogaloo Stu – with guests from the live performance scene.

Tuesday 00:00 – Every Little Thing with DJ Eames – Underground electronica. 02:00 – Non Stop Juice – Back to back hits. 06:00 – The Juice Breakfast Show with Dan Gasser – Morning banter with the breakfast team. 09:00 – Nothing But 90s – Dan Gasser presents the biggest tunes of that decade. 10:00 – Juice Daytime with Talia French – Big hits & entertainment news. 15:00 – Juice Drive with Guy Lloyd – More tunes from 90s/00s & today. 19:00 – The Mixtape with Tony Marks – New music & alternative classics. 22:00 – Brighton Nights with Boogaloo Stu – with guests from the live performance scene.

Wednesday 00:00 – The Midnight Campfire with Chris T-T – Folk from across the spectrum. 02:00 – Non Stop Juice – Back to back hits. 06:00 – The Juice Breakfast Show with Dan Gasser – Morning banter with the breakfast team. 09:00 – Nothing But 90s – Dan Gasser presents the biggest tunes of that decade. 10:00 – Juice Daytime with Talia French – Big hits & entertainment news. 15:00 – Juice Drive with Guy Lloyd – More tunes from 90s/00s & today. 19:00 – The Mixtape with Tony Marks – New music & alternative classics. 22:00 – Brighton Nights with Boogaloo Stu – with guests from the live performance scene.

Thursday 00:00 – Strictly Business with Black Belt Jones & Tyni – Underground hip-hop 02:00 – Non Stop Juice – Back to back hits. 06:00 – The Juice Breakfast Show with Dan Gasser – Morning banter with the breakfast team. 09:00 – Nothing But 90s – Dan Gasser presents the biggest tunes of that decade. 10:00 – Juice Daytime with Talia French – Big hits & entertainment news. 15:00 – Juice Drive with Guy Lloyd – More tunes from 90s/00s & today. 19:00 – The Mixtape with Tony Marks – New music & alternative classics. 22:00 – Brighton Nights with Boogaloo Stu – with guests from the live performance scene.

Friday 00:00 – New Noise with Nats Spada – Hard rock 02:00 – Non Stop Juice – Back to back hits. 06:00 – The Juice Breakfast Show with Dan Gasser – Morning banter with the breakfast team. 09:00 – Nothing But 90s – Dan Gasser presents the biggest tunes of that decade. 10:00 – Juice Daytime with Talia French – Big hits & entertainment news. 15:00 – Juice Drive with Guy Lloyd – More tunes from 90s/00s & today. 18:00 – The Brighton Breakout with Jonno Cox – Party favourites to kick-start the weekend. 20:00 – Friday Night with Mike Panteli – The best in urban music 22:00 – Sound Of Urban Life with DJ Outbreak – More of the best in urban underground

Saturday 00:00 – Roots Garden – Roots & reggae 02:00 – The Dugout with Tom Simpson – Hip-hop, funk & Jazz 03:00 – Non Stop Juice – Back to back hits. 07:00 – Saturday Breakfast with Talia French – music for the early risers. 10:00 – Saturday Daytime with Rose Gaskell - More tunes from 90s/00s & today. 14:00 – Sport Saturday with Ben Holt – With live updates from Brighton & Hove Albion. 18:00 – The Brighton Breakout with Jonno Cox – Party favourites 20:00 – Saturday Night with Ant Nichols – The biggest club floorfillers. 22:00 – Seamus Haji’s Big Love – new club tunes and exclusive remixes.

Sunday 00:00 – Sequence – Deep house from the Shimster and Fomo 02:00 – Solid Steel – Beats and breaks from coldcut and Friends 04:00 – Chilled Juice – laid back Sunday morning grooves. 06:00 – The Sunday Soul Breakfast with Ambrose Harcourt – New and classic soul 09:00 – Morning Glory with Lost Idol – Mellow vibes. 10:00 – Sweet Grooves with Mike Panteli – Soul & rare groove. 12:00 – SoulShyne with Mick Fuller – Old skool soul, funk & disco. 14:00 – The Sunday Social – Russ Dewbury’s dancefloor jazz mix. 16:00 – Afrobase – Afro-latin rhythms. 18:00 – Freshly Squeezed – Electro swing. 20:00 – Totally Brighton – Representing the Brighton music scene. 22:00 – Unfold with Rob Luis – Jazz, funk, soul & more from the Tru-Thoughts collective.

Version 1 – June 2011

Annex 3

Section 355 Review: Future plans questionnaire

Station name and licence number: Juice 107.2 AL000211BA/1

Please answer, as fully as possible, the following questions regarding the licensee’s plans for the future output of the station. Some of these may have already been implemented since the change in control took place; others may be future plans requiring a Format Change Request and would therefore be subject to Ofcom approval. This information will remain confidential to Ofcom and will not be published without the licensee’s consent.

Ofcom also reserves the right to ask additional questions regarding plans for the station that may be specific to the particular licence.

If no changes are planned (in comparison with the output of the station in the three months prior to the change of control), simply answer “No change from previous output” under each relevant question.

1. Please provide details of the content, scheduling and duration of any specialist or themed programming (music-based or speech-based, and including sports shows) which the station plans to broadcast regularly, following the change of control.

No change from previous output

Mon-Thurs 7-10pm : The Mixtape with Tony Marks – Alternative (ie non playlist) indie hip- hop, electronic, folk music and interviews) 75% music Mon- Thurs 10pm to midnight : Brighton Nights with Boogaloo Stu – interviews wth creative artists performing in Brightons live entertainment venues. 50% speech approx. Saturday 2-6pm : Sport Saturday – interviews and live score updates from Brighton and Hove Albion/Sussex County Cricket Ground and pther sporting events Monday Midnight-2am : The Indie After Party – New and classic indie music Tuesday Midnight -2am : Every Little Thing – Underground electronica Wednesday Midnight – 2am : Midnight Campfire – Folk music Thursday Midnight – 2am : Strictly Business – underground hip hop Friday Midnight – 2am : New Noise – Hard rock Friday 8pm – 3am : Juice Urban music strand covering hip hop, RnB, Reggae, garage, dub, funk & soul, trance etc Saturday 8pm - 4am : Juice dance music strand : house, electronica, drum and bass, techno and trance etc Sundays : 10am – Midnight : Juice “Lazy Sundays” specialist music

2. Please outline your plans with regard to locally-made programming arrangements and hours on the station. Where applicable, please list any other stations the locally-made hours will be shared with.

No change from previous output

Juice 107.2’s output, with the exception of potentially three to four hours a week will be entirely locally produced – in Brighton and Hove

3. Please list, as fully as possible, the amount and type of local material (excluding local news bulletins) that the station plans to broadcast following the change of control. Examples could include what’s on information, travel news, local weather, phone-ins, sports coverage, guest interviews, local music programmes etc.

No change from previous output

The Juice Guide to What’s On in Brighton and Hove The Juice Gig Guide Brighton Nights – Nightly show dedicated to local artists/performances Local Weather Updates Sports Saturday – local sports information/reports etc Local news bulletins Spirit of the City – weekly interviews with local charitie/not for profits etc Business Briefs – local business news Totally Brighton – Sunday 8-10pm celebrating Brighton’s live & local music scene

4. Please confirm the planned scheduling and approximate duration of all local news bulletins following the change of control. Please state whether these bulletins will be ‘unique’ to this licence or shared with any other stations. Please also describe the arrangements that will be in place for the compilation, production and presentation of local news (for example, the number of journalists employed, and any sharing of resources with other radio stations, local newspapers, news agencies or other sources).

No change from previous output

All news bulletins are 100% locally delivered and produced by the local news team. Bulletins are generally approximately 2.5 minutes in length between the hours of 6am and 7pm. On Saturdays, bulletins are hourly between 7am and 10am