Smoked & Uncut Festival

Land adjacent to The Pig at Combe, Gittisham, HONITON, Devon, EX14 3AD

Completed application 046471 which is a New Application for Premises Licence from 28/07/2018 to 28/07/2018

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• the supply of alcohol

Additional Conditions

•  

  ANNEXE 1 - MANDATORY CONDITIONS

   

  1.              (a)              There shall be no sale or supply of alcohol when there is no designated premises supervisor in respect of this premises licence or at a time when the said premises supervisor does not hold a personal licence or when his/her licence is suspended.

  (b)              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

  2.              (1)              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.

  (2)              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).

  3.              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  4.              (1)              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.

  (2)              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.

  (3)              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.

  5.              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.”

  6.              (1)              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.

  (2)              For the purposes of the condition set out in paragraph 7(1) -

  (a)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  (b)              “permitted price” is the price found by applying the formula -

   

  P = D + (D×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.

  (3)              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.

  (4)              (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.

  7.              (a)              Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification applied by the body designated as the authority under Section 4 of the Video Recordings Act 1984.

  (b)              Where the film classification is not specified or where the Licensing Authority notifies the licence holder that Section 20(3) (b) applies to the film in question, admission of children must be restricted in accordance with any recommendations made by the Licensing Authority.

  8.              Any person used to carry out a security activity as required under any condition of this licence/certificate must be licensed or authorised to do so by the Security Industry Authority.

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              The capacity of the event will be limited to 1,750 people including all staff and performers and their technical crew.

  2.              Entry to the event will be by ticket only.

  3.              A minimum of 6 SIA registered doorstaff will be employed at the event.

  4.              The applicant shall ensure that sufficient staff are employed at the event to monitor the behaviour and safety of all guests.

  5.              A written log shall be kept of all refusals including refusals to sell alcohol.

  6,              The Premises Licence Holder shall ensure that the refusals log is checked, signed and dated by the Designated Premises Supervisor/manager/manageress.

  7.              The refusals log will be kept and maintained at the premises and will be available for inspection immediately upon request by Devon & Cornwall Police and any responsible authority.

  8.              The record of refusals will be retained for 12 months.

  9.              Alcoholic and soft drinks will be served in plastic glasses.

  10.              The applicant shall ensure that sufficient staff are employed at the event to monitor the behaviour and ensure the safety of all guests.

  11.              Means of escape will be maintained unobstructed, immediately available and clearly identifiable.

  12.              Adequate and appropriate supply of first aid equipment and materials will be available on the premises.

  13.              An incident book will be provided and maintained. It will remain available to police for inspection upon request.

  14.              If the member of staff creating the entry has difficulties reading or writing then the entry may be written by another staff member. This should however be read back to the person creating the entry and counter signed by the person who wrote the entry.

  15.              At the close of business the incident book will be checked, reviewed and signed by the

  Designated Premises Supervisor. 

  16.              Should there be no incidents then this will also be recorded at the close of business in the Incident book.

  17.              Staff will be trained regarding appropriate precautions to prevent the sale of alcohol to persons under the age of 18, the signs and symptoms of drunk persons and the refusal of sale due to intoxication. Records will be kept of such training which must be signed and dated by the member of staff who has received that training.

  18.              Training records will be kept for a minimum period of two years.

  19.              The event ‘Smoked and Uncut” is a small festival style event playing folk music. As such it is unlikely that sound levels will exceed 75 dRA over a 15 minute period one metre from the façade of any noise sensitive premises, but in any event the applicant shall:

  Liaise as appropriate between the sound engineer, the licensing authority and the police on all matters relating to noise control prior to and during the licensed activities:

  Ensure that the promoter, sound system supplier and all individual sound engineers   are informed of the need to ensure that noise emanating from the premises will not exceed 75 dRA over a 15 mInute period one metre from the façade of any noise sensitive

  premises and that any instructions from the applicant regarding noise levels shall be

  implemented;

  Orientate the stage so that sound is directed away from any residential properties, and as far as possible.

  Man a telephone, the number of which will be publicised, at the licensed premises for the duration of the event so as to receive any complaints in relation to the event, keeping a log of such complaints.

  During the event, continually monitor noise levels emitted by the entertainment and

  ensure that the entertainment noise emanating from the premises will not exceed 75 dBA over a 15 minute period one metre from the façade of any noise sensitive premises.

  Generally, the applicant shall:

  Ensure that entry to the event is by ticket only:

  Ensure that a team of staff sufficient to control the event are in place to do so.

  20.              With regard to traffic flow, car parking is available at the existing hotel car park, and an adjacent field, and the applicant will use its best endeavours to ensure that only ticket holders and hotel guests park in the hotel car parks, by deploying staff at the entrances to the event, to confirm that all arriving guests have a ticket for the event.

  21.              The applicant shall ensure the following:

  Every individual who appears to be under 25 years of age and seeking to purchase or be supplied with alcohol at the premises shall produce means of identification acceptable to the licensing authority, proving that individual to be 18 years of age or older.

  If the person seeking alcohol is unable to provide acceptable means of identification, no sale or supply of alcohol shall be made to or for that person.

  All staff shall be trained to challenge every individual who appears to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of identification.

  Keep a written log of all refusals, including refusals to serve alcohol, refusals of entry to the premises and ejections from the premises.

  Suitable beverages other than intoxicating liquor (including drinking water) shall be

  equally available.

  22,              There will be a Challenge 25 policy operating at the premises. Challenge 25 means that the holder of the premises licence shall ensure that every individual, who visually appears to be under 25 years of age and is seeking to purchase or be supplied with alcohol at the remises or from the premises, shall produce identification proving that individual to be 18 years of age or older.

  23.              Acceptable identification for the purposes of age verification will include a driving licence,

  passport, HM Forces ID card or photographic identification bearing the ‘PASS’ logo and the person’s date of birth.

  24.              If the person seeking alcohol is unable to produce acceptable means of identification, no sale or supply of alcohol will be made to or for that person.

  25.              ‘Challenge 25’ posters shall be displayed in prominent positions.

•  

  ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

                             

  None

•  

  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence will be confined to the areas that are outlined in BLUE on the plans submitted to and approved by the Licensing Authority.