East Devon District Council

Westpoint (Exhibition Centre)

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

Premises Licence PLWA0912 from from 10/06/2022 to 12/06/2022

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

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

   

  Starlight Concerts Live (Entertainment) Ltd will provide a draft ESMP [Event Safety Management Plan] to the licensing authority (LA) prior to proposed event dates. The LA shall cascade to responsible authorities and SAG partners to provide adequate time to convene a SAG meeting to discuss and provide feedback to initial event proposals.

  The final ESMP shall include; a drugs policy (zero tolerance of illegal and psychoactive substances), alcohol management policy, noise management policy, stewarding, security resourcing provisions, traffic management plan, crowd management, ejection policy, waste management, medical and first aid plans, major incident and emergency plan, fire and all risk assessments, emergency evacuation procedures, and missing person procedure.

  The Final ESMP will be provided to the responsible authorities at least 28 days in advance of the event. It is acknowledged this would remain a live document. Each year's ESMP will form part of the premises licence and conditions for the event which will be run in accordance with the ESMP. A copy of the final ESMP will be kept at the event control point and made immediately available to officers of any responsible authority or members of the SAG upon request.

  At least one representation of Starlight Event management will attend SAG meetings and work with SAG partners to enhance and improve plans, consult on emergency arrangements and ensure that information about the event is shared with everybody concerned.

  The site will be open throughout the event by the Police and local authority inspection and enforcement officers. Ticket only admission with capacity controls in place to monitor and maintain attendee numbers.

  Security and marshalling staff shall be easily identifiable by wearing distinguishable uniform/tabards.

  Any reasonable requirements of the SAG will be complied with in order to ensure that the event site is suitable for its intended use. Starlight Concerts Live (Entertainment) Ltd will facilitate a site inspection(s,) upon request, co-ordinated with the SAG Chair before the licensed activity takes place.

  We will not permit patrons to bring alcohol onto the site. SIA Security Guards will be employed to undertake bag checks on the gate.

  The DPS shall provide suitable training to all staff engaged in the sale of alcohol in relation to the prevention of sales to persons under the age of 18 or persons who are drunk. The licence holder shall ensure all members of staff are informed of the Licensing Act 2003 (the Act) objectives and the statutory requirements in order to ensure compliance with provisions under the Act. Training records shall be signed by the trainee and training provider to demonstrate staff understanding of the training content. Training and incident records shall be kept and made available on request to officers from responsible authorities.

  SIA Licensed Staff and Event Marshals shall control and monitor all areas of the site. This includes providing security, monitoring access and exits points, removing individuals who pose a risk to the public and any reasonable matters to promote the licensing objectives.

  Event staff shall remain on site overnight to maintain site security and safety.

  SIA security staff shall operate bag search procedures adopted to identify and confiscate drugs, weapons and any prohibited items. There shall be a zero tolerance policy in relation to drugs at the site. Drugs seized shall be stored securely and handed to the Police.

  Behaviour on site shall be monitored. Any person behaving inappropriately shall be spoken to and warned about their behaviour. If attendees persistently behave inappropriately, they shall be ejected from the site. A list of evicted people shall be maintained and provided on request to the Police.

  There will be no use of glass drinking vessels at the event with alcoholic drinks served in non-glass/safety/polycarbonate vessels. Glass containers shall not be permitted to be bought onto site by event attendees. Drug amnesty bins shall be provided at the entrance points with any deposited substances securely kept and provided as soon as practicable to the Police.

  Staff to be trained to report any suspicious or criminal activities to security team who shall, where justified, report matters to the Police. Any person deemed unfit due to drink or drugs at the event shall be asked to leave the event after organisers have considered it safe for them to leave the site.

  No dogs on site except for guide, assistance dogs and passive search dog teams.

  DPS to remain on site throughout operation of event.

  Secure fencing shall be erected around the site perimeter to restrict access and create a safe event area.

  Internal and external lighting shall illuminate the concert field during fading and dark light times. All powered or electrical apparatus, sanitary units and other installations shall be regularly inspected to ensure it is maintained in good order at all times.

  Sufficient number of onsite toilets and facilities shall be provided to accommodate attendee numbers.

  A clear method of communication between all key personnel shall be operated on site in the event of minor and major incidents.

  A free provision of drinking water will be available from the bar, provided on request, in disposable small cups.

  Numbers of SIA staff at entry and exit points shall be based on risk assessment.

  - We have developed a full site evacuation procedure.

  - Well trained and expert staff to adhere to environmental health requirements

  - Training and implementation of underage ID checks.

  - A log book or recording system shall be kept upon the premises in which shall be entered particulars of inspections made of all areas of the operation including backstage.

  - The log book shall be kept available for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.

  - All powered or electrical apparatus, sanitary units and other installations, will be maintained in good order at all times and regularly inspected.

  - The provision of a sufficient number of onsite toilets and facilities to accommodate the number of attendees.

  - The Licence Holder will ensure that there is a detailed, fit for purpose written Contingency Plan in place for each event that has been agreed by the Emergency Services and the safety Advisory Group

  - A list of restricted items is emailed to customers prior to the event.

  Between the hours of 11:00 - 23:00, the control limits set at the mixer position shall be adequate to ensure that Music Noise Levels from the event will be managed so that they do not exceed the background noise level by more than 15 dB(A) over any 15 minute period at the boundary of the nearest noise sensitive properties.

  At a minimum of at least two months prior to the event, a noise assessment will need to be carried out in order to obtain the typical daytime background noise levels for the event location. Once submitted and agreed by Environmental Health, this background level expressed as LA9015min will be used as the general background noise level throughout the duration of the event. 

  There shall be a named person appointed to monitor and co-ordinate noise issues to the approval of the Environmental Protection Service. The noise co-ordinator shall liaise with the EHO and relevant event staff regarding sound systems relating to noise control prior to and during the event.

  The sound system shall be configured and operated in a similar manner as intended for the event. The sound source used for the test shall be similar in character to the music most likely to be produced during the event.

  The noise co-ordinator shall ensure that prior to the event during any testing of equipment, minimum noise levels are emitted from the sound equipment, to reduce to its lowest level any noise nuisance to local residents. The licensee shall ensure that sound testing is only carried out between the hours of 10:00 and 19:00 and is of the shortest duration practicable.

  Facilities shall be provided on the mixing desk(s), or other appropriate position(s), for an EHO to monitor and where necessary secure a reduction in noise level to a reasonable level.

  Monitoring of sound levels will be undertaken at regular intervals both on site and at agreed locations within the community. Records of noise recordings shall be maintained and provided on request to officers from the responsible authorities. Any excessive noise levels identified shall be reported to control and reduced accordingly.

  A contact number will be provided to responsible authorities/communities to provide accessible number in the event of needing to be contacted during event. The Premises Licence Holder will comply with any reasonable request made by a nominated officer of the Environmental Health Team (Noise Officer) to reduce the sound emanating from the amplification system if it is deemed a noise nuisance.

  To ensure that the speakers face away from the major nearby settlements (where possible). To adopt a full waste management plan to limit any litter waste around the site. The Premises Licence Holder shall ensure that adequate waste receptacles are in place for use by customers at the exit(s) to the site.

  The Premises Licence Holder shall ensure that there is no live or recorded music audible at the pre-agreed noise monitoring locations after 23.00 on any day.

  A Challenge 25 age verification policy shall be in place to prevent sale of alcohol to underage people. This shall detail age verification conditions, ID requirements, staff training and signage conditions wording.

  Nobody under the age of 12 shall be permitted on site unless accompanied by an adult. This will be clearly set out within event marketing material.

  Security staff with responsibility for the welfare of children shall be satisfactorily DBS checked and carefully selected for the role they will be carrying out.

  No under 18s shall work at the licensed site unless a suitable and sufficient risk assessment has been carried out and all control measures effectively implemented.

  Any persons believed to be drinking under-age shall be intercepted by security personnel and alcohol disposed of.

  Any person under the age of 18 attempting to purchase alcohol, or any adult attempting to purchase alcohol for any person under 18 shall be asked to leave the event after event organisers have considered that it is safe for them to leave site. The Premises Licence Holder will deliver training and implement underage ID checks.

  The security & medical teams will be trained and at the events to deal with vulnerable children.

• 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.