This licence is valid for up to 14999 persons at any one time within the area marked in RED on the attached plan.
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.”
Additional Licence Conditions
General
An event management plan will be prepared and submitted for each annual event.
A comprehensive risk assessment of the site and activities will be carried out.
Competent service providers with proven experience will be appointed to assist the organisers in fulfilling all four licensing objectives.
A good level of communication with the relevant authorities will be maintained throughout the planning phase. All final and agreed plans (including event management plan, security plan, traffic management plans, noise management plan etc) will be submitted at least 14 days before the event.
The prevention of crime and disorder
Details of security, stewarding, search policy, alcohol and drugs policies will be shown in the appendices of the event and safety management plan.
Any person being ejected must be dealt with by at least two members of staff, with at least one being of the same gender as the person being ejected. One of these persons can be a member of the bar staff to act as a witness if security of the same gender as the person being evicted is not available.
Public safety
A dedicated Management Team, made up of key members of the festival’s management staff including a dedicated safety advisor will be on duty onsite throughout the live event, to monitor all activities and systems on site with a specific focus on public safety, access and egress routes and to monitor that all prearranged and dynamic risk controls are being implemented.
Details of all safety measures and policies for crowd management and public safety will feature in the event safety management plan. Once reviewed and agreed by all agencies, the final event management plan, will be submitted at least 14 days prior to the event.
The prevention of public nuisance
A site specific noise management plan will be prepared and submitted as part of the event & Safety management plan. There will be a dedicated team for the monitoring of offsite levels; this will be done through remote monitoring throughout the live event.
Local residents will be contacted in advance with a complaints hotline and the timings of the event.
A comprehensive traffic management plan will be developed with our traffic management contractor and submitted as part of the event and safety management plan.
An information and complaints telephone line will be monitored at all times during the open period of the event. Emails and social media will also be monitored.
The protection of children from harm
The event will be for over 18’s only. This will be strictly enforced. Children, even accompanied, will not be allowed access to the premises during the licensed period.
All crew and ticket holders must bring a form of ID to site and age verification checks will take place at entrances and at the bars.
Conditions agreed with Environmental Health
The licence holder shall give notice to the Local Authority of the date of the forthcoming event six months prior to the event being held.
Where the Local Authority has received notice of an event, a noise management plan (NMP) shall be submitted to Environmental Health at least six weeks prior to the event taking place. The NMP shall identify the location, the direction of the stages & sound systems, hours of operation and the target ‘on-the-dancefloor’ sound pressure levels. The NMP shall detail the proposed noise controls to be employed during the event, the location of the noise sensitive receptors (NSRs) and monitoring positions. The NMP shall include a dedicated complaints system for both ‘on-the-night’ and post event contacts. The noise management plan shall be agreed with Environmental Health prior to the event taking place.
Between the hours of 10:00 - 23:00 on any three event days, the music noise level (MNL) shall not exceed a broadband LAeq,15mins of 50dBA at the façade of any NSR. On any additional event days, the NML shall not exceed a representative background LA90,15min by more than 15dBA, capped at an upper limit of 50dBA.
The sound specific to the event at any NSR shall not include significant bass beats. Bass beats specific to the event shall cause no more than 10dBCb increase over the underlying level and/or subjective assessment by an officer of the Council.
Between the hours of 23:00 - 05:00 on any event day, the MNL shall not exceed the lower of (1) a representative background LA90,15min by more than 10dBA or (2) a broadband LAeq,15mins of 40dBA, at the façade of any NSR.
The sound specific to the event at any NSR shall not include distinct bass beats. Bass beats specific to the event shall cause no more than 5dBCb increase over the underlying level and/or subjective assessment by an officer of the Council.
The MNL in the 63Hz octave frequency band does not exceed 62dBZ (EQ) over 15 minute period between the hours of 23:00 - 05:00 at any NSR. The MNL in the 125Hz octave frequency band does not exceed 53dBZ (EQ) over 15 minute period between the hours of 23:00 - 07:00 at any NSR.
Any NSR (including third-party Belvoir Castle tenants) may waive their rights to the protections afforded to a NSR only when written confirmation has been received by the Local Authority.
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 prior to the next event.
The licence holder shall be responsible for monitoring for ‘rogue’ sound systems, including in the car parks associated with the event.
The dedicated complaints system shall include both an oral telephone hotline and a written, ‘online’ form of communication. The complaints system shall be staffed throughout the duration of the event. All complaints shall be logged. This is to include the name of the contact, telephone number and/or email address, their location (if disclosed), a brief description of the issue and subsequent investigation and intervention (if any). The log is also to include unidentified or anonymous contacts. 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.
Any premises licence, including any subsequent variations, granted to Noisily Festival Limited (the licence holder) in respect of the Noisily Festival at Terrace Hills Farm, Belvoir is operator limited and cannot be transferred to any other party.
Event organisers for this and any future events will engage with the safety advisory group at least 6 months before the planned event/s and implement the requirements that the safety advisory group members identify for the safe running of the event. The completed final event safety management plan to be submitted to the safety Advisory Group members at least 2 weeks before the event.
Conditions as agreed by the Licensing Sub-Committee on 4 March 2024
1.
The noise plan submitted by the Licence Holder in accordance with the first requirement under the heading ‘The prevention of public nuisance’ on page 9 of the current licence must take into account the matters in the document from Hydroc dated 18 February 2024 which has been submitted by the licence holder in relation to this review.
2.
The noise plan and the modelling in that Hydroc document shall be approved by the Council’s EHO or appointed expert.
3.
During the event, if the Council’s Environmental Health Officers and/or appointed noise consultant determine that the levels set out in the licence and/or noise plan are exceeded at any time, the Licence Holder shall take appropriate action and make such adjustments to the equipment used at the event as that officer or consultant may require.
4.
There shall be no amplified music after 12.00 midnight on any night during the event.
5.
The Vale Group of Parishes are to be consulted in relation to noise monitoring, security, and highways matters at least 6 weeks prior to the event. A further debriefing shall be carried out with the Vale Group within 4 weeks after the event.