Silloth Fake Festival

The Green, Silloth, CUMBRIA, CA7 4DA

Completed application 028176 which is a Cancellation/Surrender/Lapse for Premises Licence from 25/12/2013 to 12/02/2018

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the sale by retail of alcohol
• provision of late night refreshment

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).

   

• CONDITIONS IMPOSED BY ENVIRONMENTAL HEALTH

   

  1.              Rehearsals and sound checks are permitted only after 9.30am on the day of the event.

   

  2.              The control limits set at the mixer position shall be adequate to ensure that the music noise level (MNL) shall not at any noise sensitive premises exceed 65dB(A) over a 15 minute period during the permitted performance hours.

   

  3.              The Licensee shall ensure the promoter, sound system supplier and all individual sound engineers are informed of the sound control limits and that any instructions from the noise control consultant regarding noise levels shall be implemented.

   

  4.              The Licensee shall ensure the volume of amplified music is reduced, or the playing to cease if in the opinion of the Environmental Health Officer a noise nuisance is being caused.

   

  5.              The Licensee shall ensure a named representative is available to deal with complaints at all times during the occupation of the site. Details of the named representative and their contact telephone numbers which shall be manned at all times shall be forward to the Licensing Authority at least seven days prior to the event.

   

  6.              The position of the marquee on the site shall be agreed between the Licensee and the Environmental Health Officer.

   

  7.              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.

   

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

   

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

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

    1.              Alcohol will only be served in plastic glasses and bottles.

   

    2.              Proof of age will be asked at point of entry into the premises and also at point of serving.

   

    3.              Entry into the festival will be controlled tickets exchanged for coloured wristbands which will be checked by SIA registered security.

   

    4.              Two types of wristbands, one colour for over 18 and another colour for under 18. Security will check ID of anyone who looks 25 and under. If they cannot prove their age by any of the following forms of identification, which are compliant with the following then they will be issued an under 18 coloured wristband.

   

  (a)              The card has a verifiable means of accreditation for the information held upon it. (i.e. issued by Central or Local Government, recommended by Home Office or ACPO, supported by Government e.g. Photo Driving Licence; Passport; PASS card).

  (b)              The information on the card provides the date of birth of the holder.

  (c)              The card provides information to identify the holder both by name and photograph.

  (d)              The card can be authenticated beyond reasonable doubt to avoid acceptance of fake/fraudulent identification.

   

    5.              Alcohol will only be served to those with an Over 18 coloured wristband.

   

    6.              All rubbish will be collected during the festival and bagged and skipped on site.

   

    7.              No alcohol or food will be allowed to be brought into the festival (marquee), all bags will be checked by security.

   

    8.              Fake Festivals will monitor the noise levels in accordance with local authority levels.

   

    9.              All persons under 16 must be accompanied by an adult and children will be issued a childrens wristband which will be completed by parent/guardian with contact details.

   

  10.              SIA registered security staff will be employed to monitor the event both inside and outside.   They will check the entry wristbands and check for ID of those who look 25 and under.  They will be in radio contact with one another and with the head of site operations. They will have a site meeting before the start of the festival to run through security checks and emergency procedures.

   

  11.              Security will be present 24 hours as security will be on night shift to secure the marquee.

   

  12.              SIA registered security staff will be present at the festival to ensure public safety. They will be able to remove people from the event if required.

   

  13.              All persons and bags will be checked before they enter the premises by security.

   

  14.              They will liase with the head of site operations on any issues and they will be briefed on the evacuation process.

   

  15.              Qualified first aiders will be on site and there will be a designated first aid area.

   

  16.              Access to the venue (marquee) will be kept clear for all emergency services to access.

   

  17.              Emergency services numbers will be held on the main entrance gate.

   

  18.              Fire exits will be kept clear and emergency lighting installed inside the marquee.

   

  19.              Lighting will be present outside the marquee also.

   

  20.              All drinks will be served in plastic glasses and plastic bottles. No glass will be allowed on the premises.

   

  21.              No food or alcohol will be allowed to be taken outside the marquee or out of the secured fenced food garden area.  This will eliminate any persons drinking alcohol outside of the secured area and also eliminate the distribution of rubbish on the field other than inside the marquee.

   

  22.              Large rubbish bins will be provided for all types of rubbish to be disposed of inside the marquee and fenced food garden area. The rubbish will be bagged and tied and put in a skip ready for pick up on the Monday after the festival.

   

  23.              SIA registered security will control the public inside the festival and also control the perimeter of the marquee, field and any car parking areas.

   

  24.              Persons will be asked to leave quietly with security positioned at regular intervals reminding people to respect the neighbours as they leave (if required).

   

  25.              Please refer to Operational Plan 2014.