Main Street (between Gallowbarrow and Station Street) and Market Place

Cockermouth, CUMBRIA

Completed application 020209 which is a New Application for Premises Licence from 27/09/2014 to 28/09/2014

Applicant(s)

Permitted Activities

• a performance of a play
• 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

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 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) Order 2010

   

  Condition numbers 1, 2 and 3 are effective from 6 April 2010 and conditions 4 and 5 are effective from 1 October 2010.  Please note the conditions 1, 2, 3 and 5 of the schedule do not apply where the licence or certificate authorises the sale by retail or supply of alcohol only for consumption off the premises. 

   

  1.              (1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d)               provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

  (i)               the outcome of a race, competition or other event or process, or

  (ii)               the likelihood of anything occurring or not occurring;

  (e)               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.

  2.                The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

  3.                The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

  4.               (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

                (2) 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 a holographic mark.

  5.                The responsible person shall 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; and

  (b)               customers are made aware of the availability of these measures.

   

  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).

   

• CONDITION IMPOSED BY ENVIRONMENTAL HEALTH

   

  1.               A noise management plan agreed by the Licensing Authority has been devised and is in operation at the premises.

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

    1.              The event is being organised by CN Events who have overall responsibility for promoting all four licensing objectives.

   

    2.              The event is targeted towards food and drink lovers in both the local area and the wider region.  It attracts people of all ages and many families.

   

    3.              The event team is experienced in managing all types of events and in promoting the licensing objectives.

   

    4.              The event team is set at 1 x Event Director (Marie Whitehead) and 1 x Event Manager (Anna Lyttle) who are both health and safety qualified with at least 5 x support staff and additional support with a risk assessed provision of 10 Stewards and SIA licensed security officers.

   

    5.              The event director, Marie Whitehead, working alongside the event management team will work to ensure that all licensing objectives are met.  Within CN Events this relies on a strong management structure with defined roles and responsibilities to ensure good communication between relevant agencies.

   

    6.              The event is timed to ensure full access to public transport. The organizer will liaise with local transport providers to ensure they are aware of the likelihood of additional demand and a Park and Ride service will be running both days.  We are in the process of organising a temporary taxi rank which all residents and visitors will be made aware of.  This is because the normal taxi rank is situated on Main Street and will not be accessible.

   

    7.              A road closure letter will be circulated to local businesses and residents to make them aware of the festival and it will be advertised in the local press.

   

    8.              Prevention of Crime and Disorder is largely reliant upon good communication between relevant public agencies (Cumbria Police, Cumbria Fire and Rescue and Health and Safety Executive) and event sub-contractors including stewarding and security staff.

   

    9.              In organising the event CN Events will address the factors that are likely to lead visitors into crime and removing the opportunities for crime.  All marquee structures will be securely fitted by professional contractors and sign off certificates obtained.  The safety and condition of the structures will be monitored throughout the weekend.  This will minimize the opportunity for tampering and interference with physical property.

   

  10.              Each area will be manned by security staff from Friday evening until Monday morning during the time of the breakdown.

   

  11.              A small number of stalls will be selling alcohol for consumption at home.  Each of these stalls will apply for their own TEN and will be asked to operate a “challenge 25” policy.

   

  12.              As no alcohol will be sold for consumption on the licensed premises, we do not envisage its sale causing a problem, however to ensure as many measures are taken as possible, at least two SIA security guards will be present at all times to monitor Main Street, Memorial Gardens and Market Place.

   

  13.              The main site of the festival is Main Street and Market Place.  An application for road closure has been submitted and will entail closure of a section of Main Street and a section of Market Place.  Thus Main Street and Market Place will be pedestrian only during the event.

   

  14.              A full traffic management plan is put in place with the principal objectives of: ensuring safe pedestrian road use; maintaining visibility for vehicles in the direct vicinity; and preventing traffic build up.

   

  15.              Traffic stewards will be present at the start of the diversion in order to monitor the volume of incoming vehicles and advise drivers of the most appropriate route when necessary.

   

  The Health and Safety trained management team will monitor crowd tendencies throughout the day with assistance from security and stewards.  In the event of a surge in numbers visitors can be easily directed away from the site s it is completely open.

   

  16.              Members of the SIA security team will be fully crowd control trained.  The organiser will instruct the stewards to monitor and report on crowd behaviour and where appropriate take action using SIA staff.

   

  17.              The nature of the activity means an identified occupant capacity cannot be enforced by Event Management and their staff.

   

  18.              A register of all stewards on duty will be kept on site.  All stewards will be experienced in working on events.  All security staff MUST be SIA registered.

   

  19.              General duties of steward

   

  To provide information to the public as to site layout and facilities

  To provide information to the public as to the running order/timings of activities

  To monitor and report on crowd densities

  To monitor and report on the general welfare of the crowd

  To assist the Police as directed

  To control access to restricted areas

  To assist in evacuation should it become necessary to do so

  To assist the emergency services as directed

   

                Major Incident Response Procedure

   

  20.              Each marquee area will be subject to a small scale event contingency plan.  The decision to implement to the full scale joint agency contingency plan is that of the Police/Fire/Ambulance depending on the nature of the emergency, and is covered in the assumption of control section.  The general responsibilities of Event Management in responding to a major incident may be summarised as follows:

   

  To alert emergency services

  To manage the scene until emergency services arrive

  To provide accurate information to Emergency Services

  To liaise with the Emergency Services

  To assist in an emergency evacuation if called to under the direction of the Police

  To continue to provide stewarding staff after the evacuation under the command of the Police

   

  21.              If the site does reach its occupant capacity, or if the public highway levels at which action is necessary (this can be assessed by the methods outlined under the heading Ingress and in Crowd management section), the Event Organizer after consulting the joint agencies, should steward the identified points including road closures in order to support the police in the control ingress/stop ingress to the site or part of it.

   

  22.              A full major incident or emergency plan can be found in section 4 of the Event Management plan.

   

                General Public Safety Guidelines

   

  23.              This is an outdoor event with surrounding buildings and structures.

   

  Use of event infrastructure with valid fire safety certificates

  Co-ordinate approach to planning with emergency services

  Use of trained security and stewards, advised of location of firefighting equipment

  Prohibition of the use of petrol generators

  LPG to be used in accordance with current guidance

  Power supply and distribution to be installed by a qualified electrician only

  All working personnel used on site to be briefed on fire evacuation policy to enable them to take a proactive approach

   

  24.              The prevention of public nuisance is an important issue encroaching on multiple areas.

   

                Noise

   

  25.              The main street is commercial/retail centred and as such the potential disruption to residents is minimised in terms of proximity to residential and other noise sensitive premises.  Hours of operation are between 09:00 and 18:00 and will therefore not cause late night noise.

   

  26.              There will be performances of live music and recorded music but these will be kept to an acceptable level.

   

                Alcohol

  27.              Our method for controlling alcohol consumption at the festival has been outlined in the prevention of crime and disorder section.  However it is important to mention this in relation to public nuisance.  We foresee that the likelihood of any violence, disorder or policing problems arising as a result of alcohol consumption on site is very low.  This is due to the fact that no alcohol will be sold for consumption on Main Street or Market Place.

   

                External Structures

  28.              There will be no external lighting, flood lights or security lighting on the street since the streetlamp infrastructure is already in place and the event takes place through daylight hours.

   

                Refuse

  29.              The festival will not put undue pressure on the existing infrastructure to deal with refuse as additional provision will be made to deal with rubbish/litter generated in a full waste management plan to be confirmed.

   

                Local Awareness and Notification to the Local Residents

  30.              An A4 Public Notice will be placed in the surrounding area following submission of this licence application alerting residents and local businesses to the proposed festival in addition to information of the event to be carried by local media as well as a press notice being placed following submission of this licence.

   

  Alongside this there is already growing local public awareness of the event as the event is now in its fourth year.

   

  Local businesses will be contacted by a member of our team to discuss the festival, road closures and other relevant information

  The event will be managed by an experienced team with the help of stewards and security.  Where necessary stewards and security will be used to disperse crowds at the end of the event

  The event has been scheduled so as to allow access to public transport

   

  31.              The CN Events team and security staff will be briefed by the CN Events Director Marie Whitehead and Event Manager Anna Lyttle, to pay special attention to lost children.

   

  32.              To protect children from harm separate facilities specifically for separated minors will be provided and staffed by experienced CRB checked staff.  Records of children reported as separated will be collated to ensure appropriate levels of support are maintained.  All working personnel will be advised to the location of the facilities.

   

  33.              A full child welfare management policy will be in operation and can be found in the appendices of the event management plan.