East Devon District Council

Blackmore Coronation Gardens & Peacock Lawn

Blackmore Drive, SIDMOUTH, Devon, EX10 8LA

Open application 062500 which is a New Application for Premises Licence

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

• ANNEX 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.

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

  Prevention of Crime & Disorder

  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.

   

  Alcohol from bar to be consumed on premises.

   

  Alcohol from traders may be sold in sealed bottles for later consumption.

   

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

   

  SIA Registered security staff to be located at gates and bar at all times throughout opening hours. A minimum of 3 staff on duty per shift.

   

  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.

   

  Public Safety

  All aspects of staff and public safety are addressed in the Event 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.

  oMedical and First aid o Stewards & Security

  o Fire provision inc appropriate FFE

  o Sanitary facilities

  o 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.

  o Access for emergency vehicles to be maintained at all times

  The prevention of public nuisance

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

   

  Mitigations on noise and disturbance to local residents to be identified within Event Management Plan including but not limited to:

  - Use of line array directional PA system

  - Use of Cardioid Sub units to mitigate low frequency spill

  - Noise monitoring at identified residential properties

  - Out of hours phone number promulgated to residents in advance

  - No amplified music post 22:30hrs

  - Full site clearance no later than 23:00hrs

  - Use of a noise management plan with propagation data contained withing the EMP

   

  Further advice and engagement to be sought with statutory bodies on the recommended sound levels and monitoring of sound levels.

   

  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.

   

  Overnight security lighting to not impact on local residential buildings

  The protection of children from harm

  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.

   

  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 the Event Management Plan.

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

  Conditions yet to be entered.

   

• ANNEX 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.