Mirror Festival Barnstaple Rugby Club

Pottington Road, Barnstaple, Devon, EX31 1JH

Completed application 042860 which is a New Application for Premises Licence from 04/06/2016 to 04/06/2016

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• ANNEXE 1 - MANDATORY CONDITIONS (PREMISES LICENCE ON & OFF SALES)

   

  1        There shall be no sale or supply of alcohol when there is no Designated Premises Supervisor (DPS) in respect of this premises licence or at a time when the said DPS does not hold a personal licence or when his/her licence is suspended. 

   

  2        Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  3        Any person used to carry out a security activity as required under the Annexe 2 conditions must be licensed by the Security Industry Authority.
   

  4        The responsible person (as defined in s.153(4) of the Licensing Act 2003) must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises. 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 a disability).
   

   

  5.              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  6.              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.

   

  7.              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.

   

  8.              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 holographic mark or an ultraviolet feature.

   

  9.              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.

   

  10.              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.

   

  11.              For the purposes of the condition 10 set out above-

   

  (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×V) where-

   

  (i) P is the permitted price,

  (ii) D is the amount 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.

   

  12. Where the permitted price given by Paragraph (b) of Condition 11 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.

   

  13.              (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of

  Condition 13 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.

   

  
   

   

   

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1        Licensable activities will be limited to Mirror Festival only on the 4th June 2016.
   

  2        The event will be limited to a capacity of 2100 to include all staff, performers, crew and volunteers etc. Adequate security measures will be maintained to ensure that this licence capacity is not exceeded.
   

  3        The premises licence holder will comply fully throughout the duration of the licence with a suitable and sufficient Event Management Plan submitted to the Police and Licensing Authority in writing prior to the 1st May 2016. A copy of the Event Management Plan will be kept on site and made available for inspection by officers and relevant statutory bodies during the event. All alterations (prior to and during the event) to Event Management Plan outlined above shall be made where practicable in conjunction with the relevant Responsible Authority and Licensing Authority.
   

  4        A suitable and sufficient final event site plan with detail of the location of all licensable activities will be submitted to the Licensing Authority prior to the 1st May 2016.
   

  5        The premises licence holder will comply fully throughout the duration of the licence with a suitable and sufficient risk assessment submitted to the Licensing Authority in writing prior to the 1st May 2016. A copy of all risk assessments will be kept on site and made available for inspection by officers and relevant statutory bodies during the event.
   

  6        All security staff will be licensed with the Security Industry Authority (SIA). There will be a minimum of 10 SIA staff on duty at all times with 1 extra on duty for every further 100 attendees beyond 1000.
   

  7        All staff engaged in the retail sale of alcohol will be aged over 18 years of age.
   

  8        Security staff and sewards will be issued with high visibility vests. Different coloured vests will be used to distinguish between SIA licensed staff and event stewards. These vests will not be removed when staff are on duty.
   

  9        The DPS, SIA licensed staff, and event stewards etc. will not drink alcohol whilst on duty.
   

  10    A radio communication system will be in place to facilitate communication between SIA staff, event organisers and the Designated Premises Supervisor.
   

  11    SIA security staff will be fully briefed prior to the event in relation to site security checks and emergency procedures.
   

  12    Stewards will not address any person(s) with regards to suspicious or unlawful activity. If a member of security is not available the police will be contacted on 101 or in the event of an emergency 999. The incident details, name of the event and location details will be given.
   

  13    An age restriction policy will be enforced on access to the event. No entry will be permitted to any person under the age of 16 who is not accompanied by a responsible adult or guardian.
   

  14    Entry into the event will be controlled by tickets being exchanged for wristbands. Persons of 18 years or over will be given a bright coloured wristband, and those persons under 18 will be given a different bright coloured wristband to assist in identifying under 18 year olds attempting to consume alcohol. This will not take the place of the ‘Challenge 21’ scheme in operation at the bar.
   

  15    Young children (under age of ten) will be issued with a wristband with the telephone number of their parent or guardian displayed upon it so they can be contacted if required.
   

  16    Any bar will operate a ‘Challenge 21’ system where if a customer looks under 21, they will be required to show a valid ID.
   

  17    A refusals record must be kept at the premises, which details all refusals to sell alcohol. This record must include the date and time of the refusal, a description of the customer, the name of the staff member who refused the sale, and the reason the sale was refused. All entries must be made immediately after the refusal. The record must be made available for inspection and copying at any reasonable time on request by an officer of a Responsible Authority.
   

  18    Alcohol will be removed from anyone at the event who cannot confirm that they are 18 years or over by way of providing an acceptable form of ID.
   

  19    No alcohol will be permitted to be taken outside of the licensed area either during or at the end of the event.
   

  20    Checks will be made of persons entering the site to ensure that no alcohol or prohibited items (illegal drugs/substances; novel psychoactive substances (legal highs); weapons; fireworks; smoke canisters or similar items; glass) are brought into the venue.
   

  21    No mobile dispense sellers of alcohol will operate at the event. All sales will be made from the bar area.
   

  22    No sales of novel Novel Psycoactive Substances (legal highs) will be permitted throughout the duration of the event.
   

  23    Medical staff, and facilitates will be provided in sufficient number and standard. Fully trained and qualified medical staff will be located on site as per recommendations outlined in the Purple Guide to Health, Safety and Welfare at Music and Other Events.
   

  24    Sanitation facilities will be provided as per recommendations outlined in the Purple Guide to Health, Safety and Welfare at Music and Other Events.
   

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

  26    A clear emergency services access route to the event site will be maintained at all times.
   

  27    Suitable and sufficient crowd management procedures for the licensed area and any covered venues will be operated.
   

  28    Outside areas will be adequately lit during the hours of darkness.
   

  29    There will be adequate provision of waste receptacles, and all rubbish will be entirely cleared from the site. A thorough litter pick will be carried out as soon as the venue is cleared along the main routes into Barnstaple town centre.
   

  30    A suitable and sufficient procedure for dealing with any lost or found children will be in place during the event. In the case of a child separated from his/her parent/guardian the lost child policy will be implemented. A designated lost children meeting point will be provided.
   

  31    The premises licence holder will comply fully throughout the duration of the licence with a Noise Management Plan approved by North Devon Council’s Environmental Protection Team prior to the 1st May 2016. A copy of the Noise Management Plan will be kept on site and made available for inspection by officers and relevant statutory bodies during the event.
   

  32    The Music Noise Level measured over a 15 minute period (LAeq, 15min) at the boundary of any noise sensitive premises shall not exceed 65dB(A) during the daytime (defined as between the hours of 09.00 and 23.00) on any day.
   

  33    At all other times the Music Noise Level shall not exceed 45dB LAeq 15min at the boundary of any noise sensitive premises.
   

  34    Access will be granted to authorised officers of North Devon Council’s Environmental Protection Team to all areas of the site relevant to an investigation of music noise levels, to include front of house and monitor sound mixing positions.
   

  35    There will be a dedicated person on site with the relevant competence and responsibility to turn down the noise levels on request throughout the event.
   

  36    A direct contact telephone for residents to call will be available throughout the event.  The telephone line used for these purposes will be a manned, charged telephone, with reception for the duration of the event. The event website will have a clear message that any complaints can be made via this specified telephone number.
   

  37    All complaints received will be thoroughly investigated. The details of the investigations shall be recorded in writing. These details shall include name, address, nature of allegation, results of investigation, any remedial action taken, wind speed/direction and results of sound level monitoring (15 min LAeq). If it is alleged or suspected that the music noise levels are breached, sound level monitoring will be undertaken from the relevant complainant's property. Remedial action will be taken immediately to reduce levels when non compliance with licence conditions is identified.
   

  38    The supply of alcohol, regulated entertainment and late night refreshment shall be confined to the area (s) as outlined in RED on the attached plan (s).

• ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING

   

  None.

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1