ANNEXE 1 - MANDATORY CONDITIONS
MANDATORY CONDITIONS UNDER THE LICENSING ACT 2003
Supply of Alcohol
No supply of alcohol may be made under the premises licence:
() at a time when there is no designated premises supervisor in respect of the premises licence, or
() at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
Drinks Promotions
(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).
Water
The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
Age Verification
(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.
Measures
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.
Permitted Price
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;
(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) 'value added tax' means value added tax charged in accordance with the Value Added Tax Act 1994.
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.
Door Supervision
All persons employed at the premises to carry out a security activity must be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001 or entitled to carry out that activity by virtue of section 4 of that Act.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
THE PREVENTION OF CRIME AND DISORDER
1) The Premises Licence Holder shall comply with the Key dates set out in the time-table below in each year that the Premises Licence remains in force:-
Key Date 1 No later than 3 months prior to the proposed dates of the event taking place: -
The Event Manager shall notify all Responsible Authorities of his intention to hold the event and the proposed date it is to be held. The Event Manager shall consult with Warrington Borough Council Highways and Cheshire Police with regard to his proposals for traffic management, security and stewarding
Key Date 2 No later than 60 days prior to the event taking place: -
The Event Manager shall submit draft copies of his Event Management Plan to all Responsible Authorities for consultation and review. It is appreciated that this is a living document and may be subject to change as the event develops. Where changes are made, these are to be detailed and highlighted to all Responsible Authorities: -
The Event Safety Management Plan shall include unless provided as separate documents: -
- Crowd Management Plan
- Security and Stewarding Plan
- Noise Management Plan detailing the sound control procedures, music noise limits and sound propagation tests
- Medical/First Aid/Welfare Plan detailing the location(s) on site, number of staff and the operational times
- Fire Safety Plan detailing the fire safety equipment and personnel to be available on site, evacuation points and projected exit times
- An Emergency/Contingency Plan detailing blue light access routes, rendezvous point(s) and public evacuation areas
- A gridded and scaled plan of the event site
- Risk Assessment(s)
- A list and descriptions of any temporary structures
- A copy of his Public Liability Insurance document
Key Date 3 No later than 35 days prior to the event taking place:-
The Event Manager will submit final copies of the documents referred to above and any subsequent changes must immediately be brought to the attention of all Responsible Authorities.
Key Date 4 During the week immediately prior to the event and if requested to do so:-
The Event Manager shall provide access to the event site to any Responsible Authority for the purposes of a site inspection and confirmation of compliance with the Event Safety Management Plan.
When the build and deconstruction for the event takes place there is no public access in line with Construction (Design & Management) Regulations 2015, and in general with Health & Safety at Work Act etc 1974 and its other associated regulations. At all other times the premises is a public park
To deliver to the public a safely planned and organised event; that meets all the statutory obligations under relevant legislation; that meets the standards of safety applied to all public events in Bank Park Warrington; and to incorporate agreed recommendations made at Joint Agency Planning Meetings, Safety Advisory Group or of individual responsible authorities where they are issuing advice pursuant to other statutory powers.
2) The Licence Holder will appoint a Security and Stewarding provider and their Operational Plans will be contained in the EMP. All Security and Stewards will be easily identifiable and have appropriate training for their duties. A register will be maintained of all stewards and security staff employed before, during and after the event containing their full names, dates of birth, home addresses, employers, event specific identification and where appropriate, their Security Industry Authority (SIA) registration details.
(a) The numbers of SIA registered staff and stewards and their deployment areas and times of duty shall be set by the security provider and agreed by Police and any other relevant Responsible Authority. These details shall be included in the Event Safety Management Plan or other plan(s) where these are separate documents.
(b) Sufficient numbers of security staff shall remain on duty to complete the egress process and this number shall be agreed with all Responsible Authorities.
(c) Each member of security staff shall continue to wear uniquely numbered tabards or other agreed form of individual identification for the duration of the event.
(d) There shall be no replacement of Police personnel by civilian security staff without the prior agreement of Responsible Authorities.
3) There will be 24-hour cover during the building and removal of each event, as well as a full operation staff level identified in and detailed in the Crowd Management and Security section of the EMP
4) Wayfinding staff will be located to remind patrons of the impact of antisocial behaviour
5) The Alcohol Management Plan will set out procedures to minimise any contribution to crime and disorder from the consumption of alcohol.
6) The Premises Licence Holder shall take all reasonable steps to prevent drunkenness or other disorderly conduct and shall not permit entertainments which are obscene offensive to public decency or calculated to incite a breach of the peace.
7) The Premises Licence Holder shall prepare a drugs policy for the event that will be based on 3 core messages:
· Prevention
· Drug Dealers and users
· Welfare and treatment
8) Random searching at a search ratio agreed with the Police will take place at all entrances and within the Licensed Premises for offensive weapons or drugs along with other prohibited items such as but not limited to glass bottles, illegal drugs, legal highs, nitrous oxide or weapons of any kind. In addition, all bags will be searched on entry. Searching of persons shall be carried out by members of the same gender.
9) The ticket conditions shall indicate that searching for prohibited items will be carried out and there will be signage with this message at all entrances.
10) The sale or supply of alcohol will only be permitted by the Designated Premises Supervisor (DPS) or by his/her written authority. The DPS will remain on site during the hours of alcohol service.
11) In accordance with the Alcohol Management Plan, ticket holders will not be permitted to bring alcohol into the Event.
12) Anyone deemed to be drunk and/or disorderly or under the influence of any controlled substances will be refused entry to the Event.
13) A 'Challenge 25' policy will be in place at all bars and displayed on the Website and ticket outlets.
14) Any person displaying drunken or aggressive behaviour will be removed from the Event and their removal recorded in the incident log book.
15) Anyone found to be using illegal substances will be dealt with in accordance of the Drugs Policy. No legal highs or nitrous oxide will be allowed into the event. Anyone found with these items in their possession will be refused entry or ejected if there are grounds to suspect that they are selling them. Anyone found using or in possession of illegal substances will be dealt with in accordance with the agreed drugs policy for this event, which will be found in the EMP.
16) An incident and log book will be completed for any incident of crime and disorder or anti-social behaviour that takes place within the Licensed Premises. The log book/record will be made available upon request to officers from the Licensing Authority, Trading Standards and the Police.
17) A strategy will be put into place to steward areas outside the licensed area.
There shall be:
(a) A review of concerns of the community in relation to public nuisance,
(b) A review of crime and disorder,
(c) An appointed representative of the Premises Licence Holder shall attend advisory briefings with senior Cheshire Constabulary staff appointed by Cheshire Constabulary when arranged prior to and after the event.
PUBLIC SAFETY
Lighting and Electrical Installations
1) Entrances and exits to the Licensed Premises including temporary structures within the Licensed Premises will be kept clear at all times and will be adequately illuminating during periods of darkness. If required by the Licensing Authority a lighting check will be carried out in consultation with the appropriate Responsible Authorities prior to the premises being opened to the public.
2) Adequate lighting levels will be maintained within any temporary structure and emergency lighting to the satisfaction of the appropriate Responsible Authority shall be provided in such temporary structures.
3) All electrical installations and equipment will comply with the general requirements at the Electricity at Work Regulations 1989 and with the general provisions of the Event Safety Guide or any replacement guidance. The Premises Licence Holder will employ competent persons to assess the electrical requirements at the event and the compatibility of the electrical supply with the equipment used and take all reasonable measures to ensure so far as is reasonably practicable the safety of all persons at the event.
Fire Safety
4) Suitable and sufficient firefighting provision will be produced and maintained on the Licensed Premises for the duration of each event to the satisfaction of the Fire and Rescue Service.
5) The Fire Retardency characteristics of all tents, drapes and scenery used in or on any temporary structures will be to the satisfaction of the Fire and Rescue Service.
6) The siting of all vehicles, generators, tents, marquees etc., shall be to the satisfaction of the Fire and Rescue Service.
7) No special effects including lasers, strobe lights, stage pyro, smoke, vapour or fireworks shall be used without the prior approval of the Licensing Authority and the Fire and Rescue Service.
Safety of the Built Environment
8) The Premises Licence Holder when requested by the Licensing Authority shall provide evidence that the Built Environment is being effectively maintained.
9) The Built Environment shall not be altered without the written consent of the Licensing Authority.
Health and Safety Requirements
10) The Licensed Premises shall conform to all relevant provisions of current Health and Safety legislation in respect of persons employed in or visiting the venue and the Premises Licence Holder shall comply with all such legislation and the reasonable requests of the Health and Safety Inspectorate.
11) The Premises Licence Holder shall maintain good order in the Licensed Premises and shall appoint a staff of competent security/stewards for this purpose. The security/stewards shall be adequately trained and instructed in their duties, briefed thoroughly before the performance starts and shall wear distinctive dress.
12) They shall be controlled from the central control point and shall be under the control of supervisors, equipped with suitable means of communication to the Event Control Team. While on duty they shall not be engaged on other activities which would prevent them from carrying out these functions. All security/stewards shall be made aware of the position and arrangements for First Aid. Security/stewards shall be positioned at all exits and at key points where control is most needed, particularly in a central area near the stage. Security/stewards shall exercise proper control over the audience.
13) Sufficient security/stewards shall be available to ensure that all access and exit routes are kept clear until the site is completely cleared.
Medical and First Aid Provision
14) The Premises Licence Holder will appoint a suitably competent provider to manage and provide suitably staffed and equipped medical/first aid facilities to the satisfaction of the Responsible Authorities.
15) Welfare facilities will be located where possible adjacent to secure production area and medical facilities and have free access to a phone.
16) All working personnel will be advised to the location of the facilities.
Sanitary Provision
17) The Premises Licence Holder shall ensure that adequate sanitary provisions and hand cleansing facilities are provided for the number of people expected to attend the event to the satisfaction of the Licensing Authority. Toilets shall be kept in good order and repair and serviced throughout the event to ensure they are kept safe, clean and hygienic. Toilets shall be supplied with toilet paper, in a holder or dispenser at all times. The quantity of toilets provided will be at least the number advised in the Purple Guide.
Staging of Structures
18) Details of all temporary structures (including stages) will be included in the Event Management Plan.
Vehicle Movement
19) Vehicle movement within the Licensed Premises will be limited to those which are essential and will be controlled to ensure safety of the public and staff. Vehicles moving within public areas will require a Banksman at all times.
Disabled Persons
20) The Premises Licence Holder will ensure that arrangements and provision for disabled persons, namely access and egress, sanitation facilities and viewing areas are provided and maintained for the event to the satisfaction of the Responsible Authorities.
Signage
21) Suitable notices shall be provided throughout the Licensed Premises to indicate clearly the location of all available services and facilities such as sanitary accommodation, refreshments, drinking water, first aid points and exits, all of which shall be clearly signposted.
22) The venue and all equipment, furnishing, fittings and the like shall be constructed, provided and maintained so as to be in a thoroughly safe condition for entertainment purposes.
23) Suitable records shall be kept by the Premises Licence Holder or his agent regarding fire safety precautions, electrical installations and the construction of the built environment.
24) Authorised officers of the Licensing Authority, the Fire Authority, the Ambulance Service and the Police shall have free access to all parts of the Licensed Premises for the purpose of inspection at all reasonable times.
25) The Premises Licence Holder shall ensure that the Premises Licence and all conditions attached thereto are retained at the Licensed Premises and are available for inspection at all reasonable times by authorised officers of the Licensing Authority, Fire Authority, Ambulance Service and the Police.
26) A two-way radio system will be in place for site management and security.
27) The EMT will co-ordinate with crowd management personnel, security staff, adjoining premises, & Warrington Council and Cheshire Police to ensure a positive action programme for combating crime and disorder is in place.
28) All crowd management personnel will be trained to NVQ Level 2 or equivalent or as necessary in accordance with legislation.
29) There will be 24-hour cover during the building and removal of each event, as well as a full operation staff level identified in and detailed in the Crowd Management and Security section of this EMP.
30) Evictions form site must be approved by the nominated duty manager and recorded.
31) An amnesty bin for prohibited articles will be in place.
32) No persons under 18 will be admitted to the event.
33) There is a prohibition of alcohol purchased on site leaving the premises, and a prohibition of alcohol being brought on to the site.
34) No glasses, glass bottles or tins to be served. PETs to be opened and lids removed and where practicable draft will be sold in plastic/paper cups.
35) The event management team of Clonefest are responsible for the Health Safety and Welfare of their Staff contractors and visitors (Ticketholders). They are responsible for the overall management of the event, the Health and Safety of the staff and other persons not in their employment affected by their undertaking whilst on the premises.
36) This EMP and compliance with it where it relates to licensing, is accepted as a condition of the license, and changes to the EMP must where possible be agreed with Licensing Authroity.
37) Any alterations/significant amendments to this event plan will be subject to appraisal and evaluation through the Licensing Authority and its Safety Advisory Group process as far as is reasonably practicable , and agreed by the Licensing Authority. In any event they are to be discussed and agreed by the widest available multi-agency team. Such alterations will be to support the licensing objectives, in particular public safety.
38) It is the responsibility of, the Event Managers/Licensee and their Management Team to ensure an on-going assessment takes place throughout the build-up, duration and deconstruction of the event. Any escalation in the severity of a hazard or the discovery of a new hazard must be reported to the Event Control and recorded. Where appropriate the relevant multiagency body should be informed.
39) In all cases such changes are to be recorded in the Event Safety Log which is maintained as a record of activity during the operation of the site, including construction and deconstruction, the logging will be via safety advisors.
40) The EMT will consult with Warrington Safety Advisory Group on the plans for the Glastonferry In the Park Event. These plans will be developed through co-ordination with each agency. They have been developed to meet guidance under the Purple Guide and associated guidance, and in accordance with the management principal set out in Successful Health & Safety Management.
41) Account has also been taken of the National Police Chief Council Policy on Public Safety. It has ensured a professionally qualified safety manager is in place. There is a general prohibition on petrol and petrol generators within the site. All generators will be serviced by an appropriately qualified electrician and will be diesel; all supply will be RCCD protected to end user. There is a general prohibition on use of naked flame, private barbeques; Chinese lanterns; fireworks across the site.
42) Security will provide a 24-hour fire watch whilst the site is being assembled and deconstructed; and when it is open to the public. Extinguishers will be located across the site at locations deemed necessary by the fire risk assessment.
43) There will be independently powered site lighting systems supported by non-maintained emergency floodlights.
44) Structures will be required to be signed off by those persons erecting them. A weather monitoring system will be in place to identify adverse weather, including wind rain, and heat, in line the staging code.
45) A bespoke medical plan written by a specialist CQC provider will be in place providing on site medical triage and treatment facilities on site plus an emergency ambulance.
46) The Promoter has coordinated with local taxi firms and provide taxi pick up and drop off points.
47) Water supply will be tested in line with Water Regulations, if not satisfactory bottled water will be available for free.
THE PREVENTION OF PUBLIC NUISANCE
Capacity and Entry Control
1) The ticketed capacity will not exceed the maximum capacity permitted by the premises licence.
2) Appropriate arrangements by way of barriers, gate systems, security or other provision will be made, in agreement with the responsible authorities, to prevent unauthorised access to the Licensed Premises and manage entry to the Licensed Premises.
3) Admission to the Licensed Premises will be by ticket only unless otherwise approved by the Licensing Authority. Ticket printing manifests and sales figures will be available upon request to the Licensing Authority.
4) The Premises License Holder shall appoint a suitably qualified and experienced Acoustic Consultant who shall be required to advise the Premises License Holder. The Consultant shall manage noise generated during the licensed event and liaise with all the relevant parties ie the Premises License Holder, the Environmental Protection Team at Warrington Borough Council, Event Promoters, Sound System and Performers, prior to and during the licensed event.
5) At least four weeks in advance of the event taking place, submit to the Environmental Protection Department a "Noise Management Plan" for prior written approval in advance of the event taking place. Thereafter, the approved "Noise Management Plan" shall be observed and complied with in full. Subject to Environmental Protection being satisfied, written approval will be given no later than two weeks in advance of the event taking place with any modifications only being made with the prior consent of Environmental Protection. For the avoidance of doubt the "Noise Management Plan" shall include the following elements:
6) Shall clearly define the arrangements to secure compliance with the "Music Noise Level" throughout the event and the organisational management to secure the same. Where the "Music Noise Level" is breached, details of corrective action shall be appropriately documented. From 13:00 to 19:00, The "Music Noise Level" shall not exceed 70dB LAeq (15 mins) 1 metre from the facade of any noise sensitive premises in the areas surrounding Bank Park (measured or where this is not achievable calculated from a nearby representative measurement position).
7) From 19:00 to 22:30, The "Music Noise Level" shall not exceed 75dB LAeq (15 mins) 1metre from the facade of any noise sensitive premises in the areas surrounding Bank Park (measured or where this is not achievable calculated from a nearby representative measurement position). Shall clearly define the arrangements for receiving and responding to complaints from the community about noise and other issues associated with the build-up and clearance of the site infrastructure and the event itself.
8) All complaints shall be documented with the date and time of receipt, contact details for the complainant, details of the person receiving the complaint, details of the complaint, details of the investigation made and the date and time of any feedback given to the complainant. Not later than 7 days in advance of the event taking place each household and business within the vicinity of the site (to be agreed with the Local Authority) shall be provided with details of how to make a complaint about event related noise, and be provided with an event timetable including times and dates for the erection and dismantling of the site infrastructure, sound
propagation and speaker tests, sound checks time of the first chord and last chord for each day.
9) Within one calendar month of the event taking place, a full "Noise Report" prepared by a technically competent representative of the Acoustic Consultant shall be submitted to the Environmental Protection Department in writing.
This report shall include:
i. Details of the findings of the noise monitoring undertaken during the event.
ii. Details of the number of occasions and duration when the "Music Noise Level" was exceeded.
iii. Details of the corrective action taken to ensure compliance with the "Music Noise Level".
iv. Provide a full breakdown of noise complaints received and the action taken.
v. Make recommendations for improvements in the management of event related noise for subsequent events.
THE PROTECTION OF CHILDREN FROM HARM
Alcohol
1) The 'Challenge 25' Policy will be robustly enforced. Bar staff shall ask for proof of age ID whenever the customer appears to be under 25 years old.
2) The only forms of ID that shall be accepted (at the discretion of the management) as proof of age are a valid passport, a valid photographic driving licence, a PASS approved age card, HM Services warrant card or other reliable photo ID (that has been approved for acceptance by the Police or other responsible Authority)
3) The alcohol policy for all events will take all reasonable steps to minimise the likelihood of supply or consumption of alcohol by persons under 18.
4) The Premises Licence Holder shall prominently display notices at bars stating it is an offence to purchase or attempt to purchase alcohol for anybody under 18.
5) All staff employed in the sale of alcohol will be fully trained regarding age restricted sales and sales to persons who are drunk. All sales training undertaken by staff members shall be fully documented and recorded prior to being allowed to sell alcohol, all training records shall be made available from officers from the Licensing Authority, Trading Standards and the Police.
6) Soft drinks and free drinking water shall be available on the Licensed Premises as an alternative to alcohol.
7) There will be separate facilities specifically for separated vulnerable people staffed by specialist welfare staff from the Spark medical.
8) Welfare facilities will be located where possible adjacent to secure production area and medical facilities and have free access to a phone.
9) All working personnel will be advised to the location of the facilities.
ANNEXE 3 - CONDITIONS ATTACHED FOLLOWING A HEARING BY THE LICENSING AUTHORITY
N/A
ANNEXE 4 - PREMISES PLAN
The plan of the premises forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
22nd May 2019.