Keswick Jazz Festival

Market Square, Keswick, CUMBRIA, CA12 5JR

Completed application 028728 which is a Cancellation/Surrender/Lapse for Premises Licence from 02/03/2016 to 28/09/2017

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• 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).

   

  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 CONSISTENT WITH OPERATING SCHEDULE

   

    1.              ‘Jazz in the Square’ has been an integral part of the Keswick Jazz Festival since 2011.  The event has never had any issues relating to safeguarding, crime and disorder, public safety or public nuisance.  This is due to the training and briefing of our staff and stewards before the event and the measures taken to ensure that all equipment is safely installed and safely operated throughout the event.  However, we are not complacent in our planning for this event and proactively look for ways to improve safety for the audience, general public, staff, stewards and musicians.

    2.              The stage is installed at 10am and removed immediately after the final performance.  The stage is supervised by at least 6 members of staff throughout the event.

    3.              Staff and stewards are clearly visible to members of the public by wearing ‘Theatre by the Lake’ tabards.

    4.              Stewards and staff are provided with a list of contacts and emergency numbers on a lanyard that must be worn throughout the event.

    5.              Staff and stewards are briefed to be vigilant throughout the event and to contact the police immediately should any instances of crime and disorder and/or public nuisance occur.

    6.              Police have been notified about the event and are aware that it is taking place.

    7.              Risk assessments have been completed for:

  (a)              The venue.

  (b)              Fire.

  (c)              COSHH.

  (d)              Manual handling.

    8.              All electrical equipment is PAT tested and installed and supervised by competent, trained staff members.

    9.              Sound and stage equipment is installed and supervised by trained staff members.

  10.              Trip hazards are identified during the installation and measures taken to remove or reduce such hazards.

  11.              The event is supervised by trained staff and stewards.

  12.              A member of staff will be present with the stewards at all times.

  13.              Staff and stewards are briefed and trained in emergency and evacuation procedures.

  14.              Police and the Fire Service have been notified that the event is taking place.

   

  15.              The event has been fully risk assessed and relevant authorities, including Cumbria Police, have been notified.  The event will be supervised by the following staff members:

  1 x PA Operator

  1 x Production Manager

  1 x Festival Administrator (Erica Morris)

  4 x Stewards (minimum)

  16.              The police will be contacted if an incident of public nuisance occurs that cannot be stopped by staff members through reasonable discussion and request.

  17.              All performers, stewards and staff members are aged over 18 years old.

  18.              As this is a free event that is open to the public, some children may be in attendance.  We have the following procedures in place to protect children from harm:

  19.              All staff members will be asked to read and abide by the Theatre by the Lake Safeguarding Policy.  The Policy clearly states that only DBS checked staff members can work with children and that all staff members, regardless of DBS clearance, should never be on their own with a child.

  20.              The event has been risk assessed and equipment is provided by competent, trained contractors.  All electrical equipment is PAT tested before going on site.

  21.              Stewards are trained before the event and are briefed on ‘lost child’ situations.  On finding a lost child, stewards are briefed to keep the child in a public place and to never be on their own with a child.  They must notify the Festival Administrator or Production Manager (present throughout the event) immediately. Stewards carry mobile phones and are supplied with relevant contact numbers before the event should the Festival Administrator or Production Manager not be in the immediate area.  The Festival Administrator or Production Manager will then supervise the child while the police are contacted.