MANDATORY CONDITIONS
MANDATORY CONDITIONS APPLICABLE TO ALL PREMISES LICENCES & CLUB PREMISES CERTIFICATES UNDER THE LICENSING ACT 2003
Supply of Alcohol
1. No supply of alcohol may be made under the premises licence:
(a) at a time when there is no designated premises supervisor in respect of the premises licence, or
(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
2. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
Exhibition of Films
3. Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
4. Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
5. Where-
(a) The film classification body is not specified in the licence, or
(b) The relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,
admission of children must be restricted in accordance with any recommendation made by that licensing authority.
6. In this section “Children” - means persons aged under 18; and “Film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).
Door Supervision
7. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, that licence must include a condition that each such individual must:
(a) Be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001;
(b) Be entitled to carry out activity by virtue of section 4 of the Act.
8. But nothing in subsection (1) requires such a condition to be imposed:
(a) In respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c.12) (premises with premises licences authorising plays or films); or
(b) In respect of premises in relation to:
(i) Any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or
(ii) Any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).
9. For the purposes of this section:
(a) “Security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for the purposes of that Act.
(b) Paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
Age Verification
10. The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
11. The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
12. The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either:
(a) a holographic mark, or
(b) an ultraviolet feature.
Permitted Price
13. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
14. For the purpose of this condition set out in paragraph 1:
(a) ''duty'' is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6);
(b) ''permitted price'' is the price found by applying the formula-
P = D + (D X V)
Where:
(i) P is the permitted price,
(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and
(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) 'relevant person'' means, in relation to premises in respect of which there is in force a premises licence -
(i) the holder of the premises licence,
(ii) the designated premises supervisor (if any) in respect of such a licence, or
(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) ''relevant person'' means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) ''value added tax'' means value added tax charged in accordance with the Value Added Tax Act 1994(7).
15. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
16. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.
(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
Irresponsible Drink Promotions (applicable to ‘on’ & ‘off’ sales)
17. The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
18. In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises:
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to:
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise).
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).
19. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
Alcoholic Drink Measures
20. The responsible person must ensure that:
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.”
Conditions Imposed by Sub-Committee on 15.04.2016
1. Between the hours of 07:00 - 23:00 on any event day, noise from amplified music shall not exceed a representative background noise level by more than 15 dB(A) at the façade of any noise sensitive receptor (NSR). Where a representative background noise level is unavailable, a default control level of LA90,15mins 50 dB(A) shall be applied.
2. Between the hours of 23:00 - 07:00 on any event day, noise from amplified music shall not exceed LAeq,15mins 43 dB(A) at the façade of any noise sensitive receptor (NSR).
3. The premises licence holder shall ensure that the music noise level in the 63Hz octave frequency band does not exceed 62db(z)EQ over 15 minute period after 23:00 and before 07:00 hours (overnight) at any NSR. The premises licence holder shall ensure that the music noise level in the 125Hz octave frequency band does not exceed 53dB(Z)EQ over 15 minute period after 23:00 and before 07:00 hours (overnight) at any NSR.
4. To give at least one month’s notice to each Parish Council, along the agreed route before the event taking place. To agree this list with the licensing authority
5. To continue to improve the traffic management plan by working with Leicestershire Police and the Parish Council to find an alternative route, if possible other than through the village of Red Mile.
Amended Environmental Health conditions agreed at Sub-Committee on 15.04.2016
1. Subject to the acoustic performance of preceding events, the Local Authority may vary the noise control levels contained in conditions 1-3 by written notice. The varied noise control levels would take effect two month proceeding the date of issue. The noise control levels may only be amended where the Local Authority is satisfied that resident complaints are justified by material breaches in the licensing conditions.
2. The licence holder shall give notice to the Local Authority and to the Belvoir Parish Council Clerk of the date of the event three months prior to the event being held (except in 2016). The event is permitted for a period of up to five consecutive days inclusive on one occasion each calendar year.
3. Where the Local Authority has received notice of an event, a noise management plan shall be submitted to Environmental Health at least six weeks prior to the event taking place (except in 2016). The plan shall identify the location, hours of operation, the direction of the sound system and maximum sound energy output of all the significant noise sources proposed for the event. The strategy shall detail the proposed noise attenuation mechanisms to be employed during the event, the location of the noise monitoring points and the procedure for ensuring that the noise control levels set at noise sensitive locations are complied with. The noise management plan shall be agreed with Environmental Health prior to the event taking place.
4. All sound management measures for events involving amplified music shall be carried out by SPL Track Environmental or another company to be agreed with the Local Authority.
5. The licence holder shall be responsible for monitoring for “rogue” sound systems by way of conducting checks on people entering the site and impounding such systems or refusing entry.
6. The licence holder shall ensure that car parks associated with the event are monitored regularly to ensure that car music systems are not played.
7. A copy of the licence and the terms of the licence will be incorporated in the contract entered between performers, including DJs and the organisers of this festival. It shall be a term of such contracts that the artist/performers/DJs will comply with all the terms and conditions of the premises licence.
8. The 24/7 telephone hotline provided shall be staffed throughout the duration of the event. Calls to the hotline number shall be logged. This is to include the name and number of the caller, their location (when identified), a brief description of the issue and subsequent action to deal with the complaint issue. The log is also to include unidentified callers and such calls shall be acted upon. The log will be available for inspection by the Local Authority during the event and a final copy provided to them within a week after the event.
9. The maximum number of paying public, guests and staff (employed by Gott Productions directly or as contractors) allowed at the venue at any one time shall be limited to 9999 on the site at any one time. Suitable records should be kept to demonstrate to the Licensing Authority that the numbers have not been exceeded.
Amended Leicestershire Police conditions as agreed at Sub-Committee on 15.04.2016
For all outdoor entertainment events for which an event management plan is required, the calculations of the capacity of the event shall be provided to the Police and agreed upon within 30 days prior to the event in 2016 and in subsequent years, 60 days prior to the event.
The licensee shall, not less than 30 days prior to the event in 2016 and in subsequent years, not less than 60 days prior to an outdoor event being held with a projected attendance over 500 on any event day, notify in writing / e-mail the Licensing Authority, Responsible Authorities, and the Parish Council of details of the event.
The Licensee shall prepare and submit to the Responsible Authorities an event management plan for any outdoor entertainment licensable event to be agreed and signed off by the Police/Local Authority. A draft Event Management Plan shall be submitted to the Licensing Authority/Police at least 30 days prior to the event in 2016 and in subsequent years, 60 days prior to an event with a capacity over 500 on any one day.
The plan shall include details of all the following points and shall state which person or body holds responsibility for that measure. The organiser’s shall give responsibilities to staff indicate the measures that will be in place to ensure that the licensing objectives of the Prevention of Crime & Disorder, the Prevention of Public Nuisance, Public Safety and the Protection of Children from Harm are promoted and that Public Health is protected throughout any such event(s):
1. Capacity, entry control and crowd management
2. Operating times
3. Entry
4. Closure of premises
5. Medical and first aid provision
6. Staging, structures and telecommunications
7. Mechanical installations
8. Liquid petroleum gas
9. Gangways and exits
10. Lighting, lasers and lighting effects
11. Electrical installations
12. Electrical staff
13. Security and safety
14. Stewards
15. Fire safety
16. Special risks
17. Noise control
18. Sanitation, cleansing and drinking water supplies
19. Signage
20. Public address system & inter-professional communication
21. Office facilities
22. Safety barriers
23. Plans
24. Bottles etc
25. Site access and egress
26. Refreshment and trading facilities
27. Disabled persons
28. Lost / found children and vulnerable persons procedure
29. Other attractions
30. Camping arrangements
31. Welfare and information arrangements
32. Litter collection and management
33. CCTV (if applicable)
The maximum number of days on which outdoor entertainment events may be held shall be limited to 5 consecutive days in any one calendar year.
The Licensee shall maintain operating policies and procedures to be observed by management, employees and any person contracted to work at the premises, a copy will be submitted to the Local Authority and Police.
The Prevention of Crime & Disorder
The licensee shall consult with the police prior to all outdoors events for the provision of appropriate police support including in the case of emergency.
The Premises Licence Holder will, where it is reasonably anticipated that more than 500 people will attend an outdoor event (including, but not limited to, musical events), on any one day, provide the Chief Officer of Police, at least 30 days prior to the event in 2016 and in subsequent years, 60 days prior to the event, with the following:-
(a) an event plan and detailed schedule with reference to the stewarding and security personnel to be utilised in the event site and at any other relevant places.
(b) liaison in relation to the potential for crime and disorder as a direct or indirect result of the event taking place either at the event location or in the vicinity and thereafter to provide a summary of the manner in which these potential risks will be mitigated.
(c) co-operation, in partnership with the Police, the Council, other responsible agencies in preparing contingency plans to deal with a major incident, the plan must accommodate the arrival of the emergency services at the Event in order to deal with any incident/emergency that may occur and to facilitate the Police's obligations to investigate deaths on behalf of the coroner.
These plans will be made available to all relevant agencies and will not be altered or amended without prior consultation.
(d) a detailed analysis and breakdown of the Traffic Management Plan for the event.
Public Safety
The licensee shall maintain and operate satisfactory fully comprehensive risk assessments and policies for the use of both the fixed and outdoor facilities at the premises. The significant findings of the Risk Assessments for outdoor musical entertainment events shall be sent to the licensing authority and the local Environmental Health - Health & Safety department 30 days prior to the event in 2016 and in subsequent years, 60 days prior to the event:
An adequate number of stewards shall be provided for all outdoor events to assist with the prevention of crime and disorder. The licensed site shall at all times be maintained in a clean, sanitary and safe condition.
Suitable and sufficient sanitary accommodation, hand washing facilities and drinking water supplies shall be provided. The licensee shall ensure that adequate sanitary facilities are provided and located in agreement with the Health & Safety Officer. These facilities shall be available for inspection by an Officer of the council not less than 24 hours before the entertainment is open to the public.
A supply of drinking water should be provided and maintained in the public areas, on all campsites and in the inner circuit area when licensable activities are taking place. All water dispensing equipment should be clean, well maintained and suitable and the water microbiologically safe.
The licensee shall ensure that the sanitary accommodation, washing facilities and drinking water supplies are maintained in a clean, safe and sanitary condition and are kept in efficient working order.
There must be a supply of drinking water within easy reach of the audience and all catering operations. At outdoor sites (one-day events) a general guideline is one water outlet per 2800 people and one outlet per ten caterers provided they are in the same area.
The licensee shall ensure that adequate arrangements are made for dealing promptly with any water leak or blockage on the licensed site. Where the sanitary accommodation does not discharge to a sewer, the licensee shall provide and have permanently available for the duration of the licensed event a vacuum tanker for the removal of storage and the waste shall be disposed of at points agreed with the licensee by Severn Trent Water Limited.
Prevention of Public Nuisance
The licensee shall consult with the Responsible Authorities and agree measures to be adopted for the control of any nuisance or disturbance and the safety of persons attending all outdoor events including competitors or performers.
The licensee shall be vigilant to ensure that public nuisance is avoided due to events or functions held at the fixed facilities and take appropriate preventative measures.
The risk assessments and event management plan for all major events (attendance over 500 per event day) will be designed to ensure the minimum of disruption to the local road network. A documented Traffic Management Plan must be submitted to, and approved by, Leicestershire Police, such approval not to be unreasonably withheld, no later than 30 days prior to the event in 2016 and in subsequent years, 60 days prior to any major event going ahead (attendance over 500 per event day).
Where there would be potential for public safety to be compromised as a result of multiple events being held on site and during build up/break down of the events, relevant control strategies must be implemented. In addition to the specific Event Management Plans that are submitted 30 days prior to the event in 2016 and in subsequent years, 60 days prior to any outdoor entertainment licensable event, a specific multi-use site Assessment should also be submitted. Where multi-use activities cannot be operated safely, the event(s) will not be permitted.
The licensee shall ensure that waste generated from sanitary accommodation and washing facilities is disposed of in an approved manner.
Sufficient skips/waste bins are to be placed around the licensed site for the disposal of litter and waste. These skips and bins shall be emptied on a regular basis to avoid overflow and shall in any event be emptied at least one hour before the entertainment takes place.
Skips and bins shall be located where practicable to ensure that vehicles needed to empty them do not endanger persons on site and to ensure that they are not accessible to the audience
Bins in the arena and campsite shall be regularly emptied or replaced throughout the event to remove potential fuel supplies for fires.
The licensee shall ensure that suitably trained and equipped staff are employed to collect litter both during and after the event.
Toilet paper shall be provided in each cubicle in such a position as it will not become foul and shall be renewed as often as necessary.
An area with suitable lavatory accommodation shall be provided for the use of disabled persons in wheelchairs.
The use of personal fireworks is not permitted anywhere on the Frog Hollow site. Anyone found in possession of such items will have them confiscated by security stewards or other enforcement personnel.
The Premises Licence Holder will ensure that there is a pool of personal licence holders employed at the premises that can be drawn on to replace the DPS in the event that they leave suddenly.
The Premises Licence Holder will provide the Chief Officer of Police with details, including the anticipated number of attendees, of all proposed outdoor events (including, but not limited to, musical events and racing events), at least 30 days prior to the event in 2016 and in subsequent years, 60 days prior to the event being held.
The Licence Holder must consult with the Chief Officer of Police regarding the policing of these events.
The Protection of Children from Harm
The Premises Licence Holder will adopt the Challenge 21 Policy and provide adequate, documented training for staff before they are allowed to serve alcohol.
There will be no age restricted film showings or nudity or semi-nudity events in the presence of children.
The Premises Licence Holder will co-operate with any reasonable request by the Chief Officer of Police to conduct emergency exercises at the premises.
a) Lighting and Lasers
Written notification of any lighting including fixed lighting, lasers and other light effects. The plan will include a description and location of all such lighting equipment.
The plan will satisfactorily demonstrate that all lighting will be constructed to ensure there is no light spill above the horizontal.
Conditions consistent with the Applicant's Operating Schedule
a) General - All four licensing Objectives
TO PROMOTE ALL FOUR LICENSING OBJECTIVES WE WILL KEEP:
Strong management controls and effective training of all staff so that they are aware of the premises licence and the requirements to meet the four licensing objectives with particular attention to:
a) No admission to anyone under the age of 18 years old - in turn preventing the sale of alcohol to underage individuals.
b) Commitment to ensuring no drunk and disorderly behaviour on the premises area.
c) Commitment and vigilance in preventing the use and sale of illegal drugs at or around the immediate premises.
d) Commitment to preventing any violent and anti-social behaviour at or around the immediate premises.
e) Commitment to preventing any any harm to children at or around the immediate premises.
The event will adhere to a strict operating schedule and EMP enforcing the hours of operation and licensable activities during those hours.
The designated premises supervisor to be in day-to-day control of the premises, to provide good training for staff on the Licensing Act (Training Record) ensuring clarity towards each licensable sale.
The event commits to a clear "Challenge 25" information to prevent entry to anyone aged under 18.
All door supervisors to have body warn CCTV cameras with a recording facility.
As a licensed premises we understand that it is necessary to carry out our functions and operate our businesses with a purpose of promoting these objectives. We commit to support these objectives through their operating schedules and the specific event EMP as well as other measures including staff training and qualifications, policies, and strategic partnerships with other agencies.
b) The Prevention of Crime and Disorder
IN ORDER TO PREVENT CRIME AND DISORDER AT AND AROUND THE IMMEDIATE PREMISES THE EVENT COMMITS TO:
Provide approved SIA door supervisors at a to be agreed ratio of attendees - to be agreed with the local police force.
Ensure a ticketed only event allowing careful monitoring of the number of customers on site reinforced with with a digital entry system.
Ensure the DPS is on the premises at all times whilst the festival is open to the public.
Ensure door supervisors wear body CCTV cameras with record function.
Not selling alcohol to drunk or intoxicated customers.
Preventing the use and sale of illegal drugs at or around the immediate premises.
Ban any glass on site.
Provide a 2 way radio system for improved communication around the event site.
c) Public Safety
IN ORDER TO ENSURE HIGH LEVELS OF PUBLIC SAFETY AT AND AROUND THE IMMEDIATE PREMISES THE EVENT COMMITS TO:
Provide a designated on premises health and safety compliance officer ensuring all safety checks are carried out before admission of the public and during the event.
Provide adequate access to the premises for emergency vehicles.
Provide and operate inline with a full and detailed event management and risk assessment / method statement plan - to be submitted to the SAG before the event.
Provide well trained staff adhering to environmental health requirements.
Provide staff training to improve and implement underage ID checks.
Provide a log book or recording system that shall be kept upon the premises in which shall be entered particulars of inspections made; those required to be made by statute, and information compiled to comply with any public safety condition attached to the premises licence that requires the recording of such information. The log book shall be kept available for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.
Provide adequate supply of first aid provision - there will be 24 hour on site medical staffed by at least 5 suitably trained first aiders / medics.
Provide free drinking water 24/7.
Provide a 2 way radio system for improved communication around the event site.
d) The Prevention of Public Nuisance
IN ORDER TO PREVENT PUBLIC NUISANCE AT AND AROUND THE IMMEDIATE PREMISES THE EVENT COMMITS TO:
Work with a designated sound management company who will carefully monitor the sound levels to ensure there is no nuisance to the public beyond the agreed and licensed levels.
Provide a 24/7 phone hotline where concerned members of the public can directly contact the event team and/or sound management consultant.
Provide clear traffic signage outlining the route to the festival.
Distribute event traffic plans to the immediate residents well in advance of the show days.
Work with an on site waste management company to ensure all waste is removed in accordance with environmental policies.
e) The Protection of Children from Harm
IN ORDER TO PREVENT ANY HARM TO CHILDREN AT AND AROUND THE IMMEDIATE PREMISES THE EVENT COMMITS TO:
Run an over 18’s only event, no children will be allowed on site at any time.
Operate a challenge 25 policy on the gate.
Keep a log of those customers refused entry and operate the re unite policy.