Westpoint (Elton John Concert)

Westpoint, Clyst St Mary, EXETER, Devon, EX5 1DJ

Completed application 041198 which is a New Application for Premises Licence from 19/06/2016 to 31/07/2016

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.              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 event will take place on Sunday 19 June 2016 or if a major issue occurs and the event is unable to take place an alternative date of Sunday 31 July 2016.

  2.              The event will be licensed for a maximum of 19,999 people.

  3.              The licence holders will comply with the Event Management Plan submitted to and approved by the Licensing Authority.

  4.              A site management team and an Event Safety Officer and deputy will be in place for the event.

  5.              The Licence Holders will take all reasonable measures to protect the health, safety and welfare of all persons present.

  6.              The event will be produced in accordance with guidelines stated in the ‘Guide to Health, Safety and Welfare at Pop Concerts and Similar Events’ and the ‘Guide to Safety at Sports Grounds’ (fifth edition).

  7.              Representatives of the Licence Holders will attend a minimum of two Safety Advisory Group meetings (or similar meetings) in order to address all relevant issues prior to the event.

  8.              Registered Security Industry Authority (SIA) staff will be appointed through a nationally known company who will have provided staff for many similar events around the UK. A plan will be produced in order to ensure that there will be an appropriate number of stewards in relation to the amount of people attending the show.

  9.              No member of the public under the influence of drugs or alcohol will be admitted to the event.

  10.              No bottles, cans, containers or alcohol will be allowed into the event.

  11.              All alcohol and soft drinks will be served in plastic containers.

  12.              There will be a written policy in order to prevent the sale or supply of alcohol to persons under 18 years of age.

  13.              An Event Safety Management Plan will be formulated specifically for this event. The Event Safety Officer and his deputy will enforce it.

  14.              Comprehensive risk assessments will be carried out prior to the event with steps being taken to reduce all risks to health and safety as far as is reasonably practicable.

  15.              The Licence Holders will ensure that there sufficient egress capacity and that all exits are kept clear throughout the event.

  16.              An inspection will be carried out in order to ensure that the premises are safe to use. Further checks and inspections will take place throughout the event.

  17.              The Event Safety Officer will assume control in the event of a fire and any outbreak of fire will be reported to the fire service immediately.

  18.              Clear and unobstructed access around the premises will be made available for use by the emergency services and their vehicles at all times.

  19.              There will be an appropriate number of medical and first aid staff on site throughout the event.

  20.              Lighting will be in place to assist in the egress from the premises after the show.

  21.              Suitably qualified and competent personnel will install all temporary electrical installations.

  22.              Additional sanitary accommodation will be provided in line within the guidelines provided by the ‘Guide to Health, Safety and Welfare at Pop Concerts and Similar Events’.

  23.              Fire fighting equipment will be provided throughout the premises at suitable locations.

  24.              Structural calculations and relevant health and safety information together with method statements in relation to all temporary structures will be provided to Building Control.

  25.              The Licence Holders will appoint an acoustic consultant in order to assess noise pollution issues.

  26.              A suitable and relevant dispersal policy will be formulated and be considered when developing the traffic management plan.

  27.              No person under the age of 12 years will be admitted to the event unless a person over 18 accompanies them.

  28.              There will be no children taking part in the performance.

•  

  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 BLACK on the plans submitted to and approved by the Licensing Authority.