Solfest

Land at Tarnside Farm, Tarns, Aspatria, CUMBRIA

Completed application 029353 which is a Change of Supervisor for Premises Licence from 22/11/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• Licensing Act 2003 Mandatory Conditions

   

  Mandatory conditions where licence authorises the supply of alcohol

   

  1.               No supply of alcohol may be made under the premises licence -

   

  (a)              at a time when there is no designated premises supervisor in respect of the premises licence; or

  (b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  2.     The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  Mandatory Condition where the licence authorises the exhibition of films

   

  Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this condition.

  Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendations made by that body.

   

  Where -

  (i)              the film classification body is not specified in the licence;, or

  (ii)                            the relevant licensing authority has notified the premises which holds the certificate that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

  In this section -

   

                “children” means persons aged under 18; and

   

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

  Mandatory condition where Door Supervisors are provided

   

  Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

  1.               (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).

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

  3.                (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.

  4.                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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

   

  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 1 -

   

  (a)               “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6);

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

   

  P = D + (D x V)

   

  Where -

   

  (i)               P is the permitted price,

  (ii)               D is the rate 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)              “valued added tax” means value added tax charged in accordance with the Value Added Tax Act 1994(7).

   

  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.

   

• CONDITIONS IMPOSED BY ENVIRONMENTAL HEALTH

   

  Conditions 1, 2, 12 and 13 - REMOVED BY VARIATION TO PREMISES LICENCE ON 26 March 2016.

   

    3.              A suitable electrical certificate signed by a competent person stating that any electrical installations used for regulated entertainment have been inspected and tested and are in a safe working condition shall be available on site for inspection by an authorised officer of the licensing authority.

   

    4.              The copies of electrical certificates shall include:

   

  (a)              the earthing of generators,

  (b)              the power supply and installation, and

  (c)              the lighting circuit and equipment.

   

    5.              Each socket outlet circuit or individual socket outlets used for public entertainment shall be protected by an integral residual current device (RCD) having a rated residual operating current not exceeding 30mA (0.03amps).  Every such circuit and RCD shall be inspected and tested annually by a competent person.  A satisfactory and valid inspection report shall be available on site for inspection by an authorised officer of the licensing authority.

   

    6.              The event organiser shall ensure all marquees, lighting rigs and other temporary structures are erected and dismantled in a safe manner by a competent person and maintained in a safe condition for the duration of the event.

   

    7.              Based on a 50/50 split (male/female), the minimum toilet provision for the event must be:-

   

                              Female:               1 WC per 100 females

   

                              Male:               1 WC per 500 males

   

                              1 urinal per 150 males

   

    8.              Adequate and suitable toilet facilities shall be provided for the use of disabled individuals.

   

    9.              The conveniences shall be indicated by suitable signage and properly and be efficiently lit at all times.

   

  10.              The conveniences shall be kept at all times in good order and repair and properly and effectively cleansed and maintained throughout the duration of the event.

   

  11.              Any livestock should be removed from the fields, used for the event at least three weeks prior to the event to minimise the risk of E.coli bacteria being present on the land.

   

  ADDITIONAL CONDITIONS IMPOSED BY ENVIRONMENTAL HEALTH BY VARIATION ON 26 MARCH 2016.

   

  14.              The site must be laid out in such a way as to minimize the interaction of vehicles and pedestrians. Where vehicles are in the same area as pedestrians at the same time a workplace traffic risk assessment must be carried out and implemented.

  15.              The audience should not be allowed within 3m of any loud speaker. Where this is not practical and suitable, the overall music sound levels can be modified so that people closer than 3m to the loud speakers are not exposed to an Event Leq of more than 107dBA or peak sound pressure levels of 120dB. Under no circumstances should the audience and loudspeaker separation distance be less than 1m.

   

  16.              Wash hand basins should be provided at a ratio of one per ten toilets. Wash hand basins should be provided with soap and running water, where possible hot and cold or suitably mixed water should be provided.

   

  17.              A Noise Management Plan must be submitted to Environmental Health at least 16 weeks prior to the first day of the event and agreed at least 12 weeks prior to the first day of the event.  This must include all steps to be taken to manage noise pollution, number of stages, location, orientation and operational times of each stage.  It should also include details of the sound system being used, noise predictions to assess noise levels at noise sensitive properties surrounding the event site and details of sound control and monitoring scheme that will be put in place to minimise noise levels to achieve compliance with the conditions of this licence.

   

  18.              The licensee shall appoint a suitably qualified and experienced noise control consultant, who shall liaise between all parties including the licensee/promoter, sound system supplier, sound engineer and the licensing authority on all matters relating to noise control.

   

  19.              The noise control consultant shall have full control over the sound amplification equipment and the volume shall be adjusted according to the requirements of Environmental Health.

   

  20.              At least two weeks prior to each Event a letter shall be circulated to local residents within a 2000 metre radius of the licensed premises detailing the start and finish times of the Event and the time(s) of any sound checks, and a dedicated telephone number for noise complaints.

   

  21.              Noise measurements outside of the site shall be taken as the noise consultant considers necessary and in response to any complaints received. Noise levels resulting from each Event shall not exceed an agreed level between Environmental Health and the Premises Licence Holder.

   

  22.              The Event Co-ordinators shall ensure that they have sufficient competent staff to allow for proactive and reactive monitoring of noise levels to take place at noise sensitive premises around the site. In the case of multiple noise complaints, this will ensure that they are able to address the complaints in a timely and efficient manner.

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  CONDITIONS 1-14 REMOVED BY VARIATION TO PREMISES LICENCE ON 26 MARCH 2016

   

  15.              The event is managed to the satisfaction of the responsible authorities & Event Safety Group (ESG).

   

                Solfest will develop a safe and effective Event Management Plan (EMP) to be submitted to the ESG and responsible authorities at least 16 weeks prior to the event and approved 12 weeks prior to the event.

   

  The Premises Licence Holder will meet with the ESG and responsible authorities as required to ensure that a safe and effective management plan/health and safety risk assessment are developed.  Consideration will be given at all times to the recommendations contained within the Event Safety Guide (HSG195) and those decisions made by the EAG.

   

                The premises licence holder will comply with the EMP submitted to and approved by the licensing authority, no changes will be made without prior written consent from the licensing authority, necessary operational changes may be made during the event to improve safety.

                Throughout the event, all officials or responsible authorities will be granted unrestricted access to all areas of the site for the purpose of enforcing any relevant statutory provisions relating to crime and disorder, public health, environmental protection and the health, safety and welfare of all persons present.

   

                The plan will contain detailed proposals for the event to promote all the licensing objectives of public safety, prevention of crime and disorder, prevention of public nuisance and protection of children from harm.

   

                The EMP will encompass the following documentation and where necessary the premises licence holder will implement any other requirements made by the ESG

   

  (a)              Alcohol management Plan

  (b)              Campsite management plan

  (c)              Command, control and communications plan

  (d)              Crime prevention plan that will encompass an events drug policy

  (e)              Crowd management plan

  (f)              Fire safety management plan

  (g)              Major incident plan

  (h)              Medical and welfare plan

  (i)              Noise management plan

  (j)              Security and stewarding operational plan

  (k)              Sanitation facilities plan

  (l)              A ticket and entry policy

  (m)              Traffic management plan

  (n)              Trader information management plan

  (o)              A waste management plan

  (p)              A water supply plan

  (q)              A child protection policy

   

  16.              The premises licence holder or representatives of Solfest Ltd or their nominated deputies will be present on site at all times the site is open to ticket holders.

   

  17.              The DPS or nominated personal licence holder will be present on site when alcohol is being sold.

   

  18.              All door supervisors will display their SIA badge, be in radio communication and wear high visibility clothing where appropriate or a marked uniform.

   

  19.              SIA security staff and Stewards will patrol all clearly marked public areas 24 hours a day.

   

  20.              SIA security staff will carry our random searches for drugs, weapons or other prohibited items as laid out in ticket conditions.

   

  21.              A secure perimeter fence will be erected prior to the admittance of ticket holders to the site in consultation with the relevant authorities.

   

  22.              All public areas will be adequately lit.

   

  23.              The number of SIA security operatives and stewards will be in accordance with the security and stewarding operational plan.

   

  24.              All entrances to the arena will display signage indicating, searches will take place and no glass will be taken into the arena by the public. 

   

  25.              Suitable bins and drugs amnesty boxes will be in place next to entrances to the arena.  Access keys to amnesty boxes will be in the possession of Cumbria Constabulary.

   

  26.              Glass containers will not be available from any bar.

   

  27.              Traffic management plan must ensure the safe interaction of pedestrians and vehicles. Where vehicles are moving in the same area as pedestrians at the same time a work place traffic risk assessment will be carried out and implemented.

   

  28.              The audience should not be allowed within 3m of any on stage loud speaker while in operation, where this is not practical or suitable evidence of justification will be provided. The overall music sound level can be modified so that people closer than 3m are not exposed to an Event Leq of more than 107db or peak sounds of 120db. Under no circumstances should audience and loud speaker separation be less than 1m.

  29.              A risk assessment of medical provision in line with the relevant guidelines will be conducted and made available to Public Health and the Licensing Authority.  Suitable and sufficient medical provision will be provided in line with the risk assessment.

  30.              A noise control plan will be submitted to Environmental Health (to be included within the EMP to be submitted 16 weeks prior to the event). This will include all steps to be taken to manage noise pollution, number of stages, their location, orientation and operational times of each stage. It should also include details of sound systems being used, noise prediction to asses noise levels at noise sensitive properties surrounding the event site. Details of sound control and monitoring scheme that will be put into place to achieve compliance of the conditions.

   

  31.              The DPS will ensure all bars prominently display Challenge 21 notices.

   

  32.              The DPS or a nominated personal licence holder will provide training to all staff preventing sales to persons under 18 or those who appear intoxicated.

   

  33.              Soft drinks and free drinking water shall be available on site at all times.

   

• CONDITIONS IMPOSED BY LICENSING PANEL  AT A REVIEW HEARING ON 30 AUGUST 2017

   

  1.               To modify the conditions of licence as follows:

   

  a.              To require that no licensable activity can be carried out until such time as an application to transfer the premises licence to a professional event management company is received and approved. Such application to be received within 2 months.

   

  b.              A de-brief meeting of the Event Advisory Group takes place within one month of the event each year.

   

  2.               To remove the designated premises supervisor