Keswick Mountain Festival

Crow Park, Keswick, CUMBRIA, CA12 5DJ

Completed application 029003 which is a Change of Supervisor for Premises Licence from 05/06/2018 to indefinite

Applicant(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 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

   

  (a)               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.

   

  (b)               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.

   

  (c)               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.

   

  (d)               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).

   

• CONDITIONS IMPOSED BY ENVIRONMENTAL HEALTH

   

    1.              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.

   

    2.              During each Event, an event representative shall be contactable by mobile telephone by Environmental Health.

   

    3.              The noise control consultant shall have full control over the sound amplification equipment and the volume shall be adjusted according to the requirements of the noise management plan.

   

    4.              The licensee and noise control consultant shall submit a detailed Noise Assessment and Noise Management Plan to the licensing authority at least 6 weeks prior to the first day of each Event and these shall take account of all regulated entertainment which will be provided during each Event including the number of stages and the location, orientation and operational times of each stage.

   

                  The Noise Assessment and Noise Management Plan shall include:

   

  (a)              noise predictions to assess noise levels at noise sensitive properties surrounding the Event site;

   

  (b)              details of the sound control and monitoring scheme that will be put into place to minimise noise levels to achieve compliance with the conditions of this licence. The contents of the Noise Assessment and Noise Management Plan are subject to the written approval of the licensing authority prior to the Event taking place. The Event will be operated in accordance with these documents.

   

    5.              The licence holder, representative or noise control consultant shall conduct regular assessments (hourly) of the noise coming from the festival site during periods of live and recorded music and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.
  
  A written record shall be made of those assessments in a log book kept for that purpose and shall include the time and date of the checks, the person making them and the results including any remedial action.

  
  A copy of these logs should be maintained and submitted to Environmental Health within seven days of the event.
   

    6.              At least two weeks prior to each Event, the licensee shall provide Environmental Health with the names and contact details for the various individuals who have been identified by them to ensure compliance with the conditions.

   

    7.              At least two weeks prior to each Event a letter shall be circulated to local residents, identified on the attached plan, 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;

   

    8.              A complaints log shall be maintained throughout each Event, detailing addresses of complainants, telephone numbers, times of complaint and action taken to investigate and resolve (if required). A copy of the complaints log will be submitted to the Responsible Authority for Environmental Health within 7 days of the end of each Event.

   

    9.              The sound systems for each stage shall be set up as detailed in the Noise Assessment and Noise Management Plan which shall be submitted to, and approved in writing by, the licensing authority prior to each Event.

   

  10.              Unrestricted access to the front of house position and backstage areas shall be allowed at all times to Environmental Health for the purpose of sound level measurements, communications with the nominated noise consultant/sound engineer and monitoring licence conditions.

   

  11.              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.

   

  12.              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 levels agreed by Environmental Health.

   

  Noise protection for audience

   

  13.              The A-weighted equivalent continuous sound level over the duration of the event (Event LAeq) in any part of the audience area should not exceed 107 dB, and the C-weighted peak sound pressure level should not exceed 140 dB. The above sound level exposure values are for the whole of the audience area.

   

  14.              The audience should not be allowed within 3m of any loudspeaker.

   

  15.              Where the Event LAeq is likely to exceed 96dB, advise the audience of the risk to their hearing in advance.

   

  16.              Pyrotechnics should be restricted so that at head height in the audience area, noise from pyrotechnics does not exceed a C-weighted peak sound pressure level of 140 dB.

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

    1.              All major events will be planned and managed by experienced professionals with a track record of large scale outdoor public events.

   

    2.              Carry out liaison and attendance at meetings as required with EAG representatives, enforcing agencies etc.

   

    3.              To produce a detailed and specific Event Safety Management Plan for the event.

   

    4.              To produce a detailed and specific Noise Management plan for the event.

   

    5.              Where existing provision is not suitable appropriate fencing will be installed around the event site perimeter to restrict access and to create a safe working area - as well as defining the limits of the licensed premises.

   

    6.              Production of comprehensive risk assessments for each event and for the use of the licensed premise.

   

    7.              Production of a schedule of all licensed activities.

   

    8.              Collation and review of all necessary safety related documentation from third party suppliers.

   

    9.              Entry to each event, regardless of type will be restricted to ticket/wristband access only.

   

  10.              Numbers on site shall be regulated and monitored at all times.

   

  11.              Events shall all be given suitable lead time to ensure proper scheduling, appointment of  reputable contractors etc.

   

  12.              Provision of sanitary facilities, hand-wash toilets etc in accordance with respective national guidance.

   

  13.              Production of detailed site layout plan, showing clear ingress/egress routes, audience
  circulation areas, welfare, medical facilities etc.

   

  14.              Establish clear method of communication between all key personnel on site in the event of a minor and major incident.

   

  15.              Facilities shall be established for use by less abled patrons such as dedicated viewing areas, toilets etc.

   

  16.              Designated parking areas shall be established and managed by experienced traffic management providers - these will supplement the current parking facilities within Keswick town.

   

  17.              To undertake site cleansing operations in order to manage litter on site and to provide staff, waste receptacles etc and to ensure a large build-up of waste on site is not permitted.

   

  18.              Any special effects (lasers, pyrotechnics etc) shall be subject to a specific risk assessment and the Event Managers and or Licensee shall ensure appropriate exclusion zones etc where appropriate.

   

  19.              The Event Managers and or Licensee shall ensure that detailed contingency and cancellation policies and procedures are in place for each event
   

  20.              Engagement of competent and experienced security company who shall provide a detailed crowd management plan depending on the size and nature of the event.

  21.              Provision of an event control facility to oversee the safe management of the events and to co-ordinate resources and contingencies in the event of an incident.

   

  22.              Provision of competent and experienced stewarding and security personnel.

   

  23.              Provision of SIA accredited staff at key points to carry out specific jobs, namely bar areas, eviction etc.

   

  24.              Remove any items of contraband from patrons and agree chain of custody with local police where necessary.

   

  25.              Advance liaison with police to identify any trends I intelligence which may surround a particular group or audience profile.

   

  26.              A list of all persons evicted from the event site will be logged and handed over to the police if required.

   

  27.              A general assessment of the site has been carried out and its suitability as an entertainment venue confirmed.

   

  28.              Engagement of competent suppliers and service providers.
   

  29.              Engagement of experienced event safety advisors.
   

  30.              All temporary structures and other major infrastructure elements will be subject to a formal sign off by a competent person from the TDS supplier and prior to use or opening.

   

  31.              Installation, distribution and sign off of temporary electrical systems to be carried out by a competent professional contractor.

   

  32.              Provision of appropriate medical and welfare facilities which are clearly signed and staffed for the duration of the event.

   

  33.              Access to fresh and tested drinking water for working personnel and members of the public.

   

  34.              Provide appropriate lighting in event site, walk ways, car parks and circulation routes.

   

  35.              Production of detailed fire safety assessment and ensure all necessary controls are in place and monitored throughout the event period.

   

  36.              Establish safe crowd capacities on site and in any individual venues and ensure these capacities are not exceeded under any circumstances.

   

  37.              Access to potentially hazardous areas will be restricted to members of the public and unauthorised personnel. No camping will be permitted in areas where overhead power lines are installed.

   

  38.              The location of significant buried services will be established.

   

  39.              Generators and other electrical / technical areas shall only be accessible by technical crew, contractors and event staff.

   

  40.              Appropriate warning signage will be prominently displayed to advise of potential hazards on site.

   

  41.              If required, a suitable and sufficient front of stage barrier will be installed and signed off by a competent person.

   

  42.              Lighting levels throughout the event site will be set to allow patrons to clearly navigate their way around the site.

   

  43.              Non-essential vehicle movement will not be permitted on site during the public opening period.     Any essential vehicle movement shall be carried out using a banksman.

   

  44.              No alcohol shall be served in glass vessels and patrons shall not be permitted to bring glass onto site.

   

  45.              Weather monitoring shall take place during the build, event and break periods and appropriate contingency plans (predominantly for high winds, lightning and heavy rains) shall be in place.

   

  46.              A noise management plan and propagation tests may be produced and carried out for each event if there are significant activities/operations to warrant it.

   

  47.              A dedicated noise complaint line during larger events for immediate and or local residents to contact if noise levels become a nuisance.

   

  48.              Limited overnight work shall be carried out during the build or break periods.

   

  49.              The position of direct lighting (e.g. tower lights) shall not be in such a way which affects local residents.

   

  50.              No build-up of litter or waste will be permitted anywhere out of the event site or on local highways.

   

  51.              Every effort will be made to minimise the effect of the event on the environment.

   

  52.              Encourage patrons to share transport to minimise disruption and environmental impact.

   

  53.              Consultation shall be carried out with town council and information provided to local residents.

   

  54.              The provision of a Traffic Management Plan to minimise impact on local environs and facilitate ready access to and from the event site.

   

  55.              To prevent disruption to neighbouring properties from heavy vehicles turning and driving immediately adjacent to properties where possible.

   

  56.              No smoke, fumes or harmful emissions shall be permitted from the premises.

   

  57.              Every effort shall be made to prevent pollution of any watercourse.

   

  58.              No under 16’s are permitted on site without a responsible adult.

   

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

   

  60.              Provision of CRB accredited personnel on site.

   

  61.              Full lost children policy in the event of a lost or found child in which all staff shall be thoroughly briefed.

   

  62.              A dedicated facility for lost children to be looked after until reunited with their responsible adult.

   

  63.              Challenge 21 rule for the sale of alcohol shall be adopted for event(s).

   

  64              Any films shown shall have appropriate age certification or theatre shows etc with adult content will be clearly advertised.

   

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

   

  66.              Closure times and the provision of transport links shall take account of the need to prevent young or vulnerable persons leaving the site without means of reaching their destination.

   

  67.              No dogs shall be allowed onto Crow Park except for guide dogs. REMOVED BY MINOR VARIATION DATED 28/04/2015

   

  67. Dogs will only be permitted to the Licensed Premises area of Crow Park under the Control of a Responsible Adult ( 18yrs & above ) at all times and must be on a lead at all times.