East Devon District Council

Blackmore Coronation Gardens

Blackmore Drive, SIDMOUTH, Devon, EX10 8LA

Completed application 051926 which is a New Application for Premises Licence from 02/06/2022 to 05/06/2022

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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. An Event Safety Management Plan will be entered as part of the licensing process no later than two months prior to the event start date and updated/amended and distributed again to Statutory Bodies not later than 28 days prior to the event start date.

   

  2. The Licence Holder must ensure that the Venue Manager receives all health and safety data relevant to the premises, prior to the premises being open to the public.

   

  3. The Licence Holder must ensure that radio contact between festival stewards and SIA Security staff is maintained during the hours that the premises are open to the public.

   

  4. The Licence Holder must ensure that all festival stewards receive training in safety routines prior to premises being opened to the public.

   

  5. The Licence Holder must fully comply throughout the duration of the licence with the festival safety and other policies as submitted to the Licensing Authority with the application for the grant of the Premises Licence.

   

  6. The Licence Holder must ensure that all security stewards are correctly registered with the Security Industry Authority.

   

  7. The Licence Holder must ensure that all vulnerable areas are fenced off with appropriate fencing.

   

  8. The Licence Holder must ensure that adequate lighting is provided throughout the premises during the hours that the premises are open to the public.

   

  9. The Licence Holder must, throughout the duration of the licence, have regular contact with the Licensing Authority and Devon and Cornwall Police.

   

  10. The Licence Holder must fully comply throughout the duration of the licence with the Risk Assessment submitted to the Licensing Authority.

   

  11. The Licence Holder must ensure the public are informed of emergency procedures prior to the commencement of all concerts and events.

   

  12. The Licence Holder must ensure that an appropriate method for checking the number of people entering and leaving the premises is employed and steps will be taken so that, once the maximum occupancy is reached, no further persons are admitted.

   

  13. The Licence Holder must ensure that trained stewards are on duty at all times that the premises are open to the public.

   

  14. SIA stewarding levels will be commensurate with the determined risk levels for the venue concerned. Exact numbers of SIA and stewarding staff to be defined and documented through consultative process with relevant authorities not later than 60 days prior to event commencement. To this end the Licence holders would wish to convene a "Safety Advisory Group" meeting with relevant authorities to explain our actions and take advice where necessary.

   

  15. Stewards/Security will not consume, or be under the influence, of alcohol or controlled substances whilst on duty.

   

  16. The Licence Holder must ensure that the fire safety measures with which the premises are provided are maintained in good working order, and their adequacy must be determined on a regular basis, by the carrying out of a fire risk assessment as required by, and in accordance with the Regulatory Reform (Fire Safety) Order 2005.

   

  17. The Licence Holder must ensure that noise levels are monitored and adjusted to comply and levels as determined in consultation with the Environmental Health Officer responsible for the event.

   

  18. The License holder will ensure that children under 18 will either be accompanied by a responsible adult.

   

  19. The Licence Holder must ensure that alcohol is not purchased or consumed by under-age persons.

   

  20. No beverages, either alcoholic or non-alcoholic, should be sold in glass bottles. All glass bottled beverages are to be poured into glasses at the point of sale. All glasses will be plastic.

   

  21. The extent of the area within which the various licensable activities will be permitted is as shown outlined in RED on the plan submitted to and approved by the Licensing Authority.

   

  22. A Challenge 25 policy will be in operation throughout the event.

   

  The sale of alcohol which it is intended or likely that a patron will consume ON the premises will cease at 19:30.

  No bar staff under the age of 18 will be employed.

   

  All bar staff will be fully briefed by DPS on licensing legislation prior to the gates opening.

   

  Challenge 25 policy in operation.

   

  SIA registered security staff will be on duty from gate opening to close and will monitor the event site at all times.

   

  Illegal substances will not be permitted on the event site.

   

  Bag and random body searches (via attendee profiling) will be in operation at the ticket checkpoints.

   

  The main access and egress points will be stewarded and lit after dark.

   

  Advice will be sought from Devon & Cornwall Police Authority and additional measures will be taken if thought necessary.

   

  Acknowledgment of the audience demographics will be taken into account with regards to security provision and bag searches.

   

  All aspects of staff and public safety are addressed in the Event Safety & Management Plan and associated appendices. As a minimum, the following measures will be in place:

  All aspects of the event operation will be risk assessed and necessary provisions made to limit the impact of that risk.

  All interested parties (including SAG) will be consulted throughout the event planning stages and measures will be taken as necessary.

  Event briefings will take place prior to gate opening, throughout the event (if necessary) and a hot debrief will take place as required after each day of the event.

   

  The following provisions will be in place in line with the “Event Safety Guide” and as dictated by the Event Risk Assessment.

  Medical and First aid

  Stewards & Security

  Fire provision inc appropriate FFE

  Sanitary facilities

  A maximum capacity for the venue will be adhered to in order to ensure the safety of all whilst arriving, on site and leaving the event site.

  Access for emergency vehicles to be maintained at all times

  The following measures will be in place to limit the impact of the event on the local area:

  Advice to be sought on the recommended sound levels and monitoring of sound levels will be carried out throughout each event open period.

  Event site PA directed away from residential properties.

  Event finish time will be in accordance with published timings and as agreed with the venue.

  Waste Management and continual litter picking will take place during each event day; all waste associated with the event will be removed immediately after the event with a final sweep carried out the following morning post event.

   

  All children under the age of 18 will be accompanied by a parent/guardian.

  As parties enter the site each child will be issued with a wrist band onto which guardians will be encouraged to write a mobile phone number. Should a child then be misplaced the number can be called and the child re-united with the guardian.

  All misplaced children will be cared for in the “Disney Tent” by DBS checked stewards. This area will have strict access limitations.

  Guardians/Parents will be required to complete a “Lost Child” document prior to re-uniting.

  Proof of age provisions will be in place at all public bars; all bar staff will be briefed on age restriction policies.

  All stewards to be fully briefed on the measures in place to protect Children/vulnerable adults from harm.

  All members of staff will be made aware of the Lost and Found Child Procedure, set out in a separate document and appended to the Event Management & Safety Plan.

• 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 RED on the plans submitted to and approved by the Licensing Authority.