The Breathe Festival Barnstaple Pannier Market

The Pannier Market, High Street, Barnstaple, Devon, EX31 1BL

Completed application 044245 which is a New Application for Premises Licence from 21/08/2016 to 21/08/2016

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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 The Breathe Festival only on the 21 August 2016.
   

  2        The premises licence holder will provide a maximum of one music stage, and one bar from which the retail sale of alcohol will take place.
   

  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 no later than 5 August 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 shall be made where practicable in writing in conjunction with the relevant Responsible Authority and Licensing Authority.
   

  4        The event will be limited to a capacity of 2400 persons to include the public, staff, performers, crew and volunteers etc. Adequate security measures will be maintained to ensure that the licence capacity is not exceeded.
   

  5        Entry to the event will only be permitted by purchase of a ticket. Entry will be monitored by Security Industry Authority (SIA) licensed security staff, with all ticket holders issued with a wristband. If individuals are found not to be wearing a wristband they may be asked to leave the event.
   

  6        SIA licensed security staff will monitor numbers of attendees present at the event using mechanical or electronic means and make available the number of attendees in the venue to authorised officers.
   

  7        There will be a minimum of 24 SIA licensed stewards on duty at all times.
   

  8        SIA licensed security staff will be in direct radio contact at all times with the event organisers and stewards.
   

  9        SIA licensed security staff will carry out random searches of individuals upon entry to the event site. Attendees in possession of the following items will be refused entry: Illegal drugs/substances; Novel psychoactive substances (legal highs); Alcohol; Weapons; Fireworks; smoke canisters or similar items.
   

  10    An adequate number of stewards will be present during the event, who will be in radio contact at all times when on duty.
   

  11    A full briefing of all event staff including security staff and stewards will take place prior to the event. All stewards and security staff will be briefed on the following: Checking areas to make sure they are safe; Reporting any suspicious activity; Emergency procedures and medical emergency action plan; Access routes; Patrolling of the event site and notifying security of trespassers; Incident reporting procedures; Monitoring entry of under 18's to the bar area; Location of first aid tent/equipment, fire extinguishers, etc; Lost child policy and procedures; Signs of excessive alcohol consumption.
   

  12    For identification purposes security staff and stewards 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 be removed when not on duty.
   

  13    SIA registered staff and event stewards will not drink alcohol whilst on duty.
   

  14    The bar used for retail sale of alcohol will be managed and run by a Bar Manager holding a Personal Licence.
   

  15    No mobile dispense sales of alcohol will take place at the event.
   

  16    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.
   

  17    The bar will be operate a “Challenge 25” system where if a customer looks under 25, they will be required to show a valid ID.
   

  18    Persons under the age of 18 will not permitted into the bar area at any time unless accompanied by a parent or guardian.
   

  19    The bar area will be supervised at all times by a SIA licensed member of security staff.
   

  20    All bar staff will be trained on the relevant requirements of the Licensing Act 2003 and conditions of the licence relating to alcohol sales.
   

  21    Drinks will not be served in glass receptacles. All bottles will be decanted.
   

  22    The event will be run in accordance with a suitable and sufficient documented event safety risk assessment which will be undertaken and submitted to the Licensing Authority in writing no later than the 5 August 2016.
   

  23    A suitable and sufficient documented fire risk assessment will be undertaken and submitted to the Fire Authority and Licensing Authority in writing no later than the 5 August 2016.
   

  24    Any accidents, incidents or near misses will be recorded in the daily log book which will be located in the production tent. The following information will be recorded: Description of accident, incident or near miss;  Date and time;  Name, age and contact details of persons involved/witnesses etc; Immediate actions carried out and by whom;  Further actions required; Where appropriate photographic evidence should be recorded.
   

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

  26    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.
   

  27    A lost child policy will be in place. In the case of a child separated from his/her parent/guardian the lost child policy will be implemented.
   

  28    As children enter the site their parents will be offered a wristband on which the parent/guardian’s mobile number can be written.
   

  29    All staff involved with children's activities/lost and found children will undergo appropriate Disclosure and Baring Service disclosure checks.
   

  30    Persons will not be permitted to leave children unattended at the children's area at any time. Children must at all times be accompanied by a parent or guardian.
   

  31    Sufficient waste receptacles must be located at various points in the event arena.
   

  32    All litter must be removed from the site by a competent waste management company.
   

  33    The premises licence holder must comply fully throughout the duration of the licence with a Noise Management Plan submitted to and approved by North Devon Council’s Environmental Protection Team in writing no later that the 5 August 2016. All alterations (prior to and during the event) to Noise Management Plan outlined will be made where practicable in writing in conjunction with North Devon Council’s Environmental Protection Team.
   

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

  35    Access will be granted to officers of the Council’s Environmental Protection Team as to all areas of the site relevant to an investigation of music noise levels.
   

  36    There shall be two off-site monitoring locations (by Withecombe Butchers, Joy Street, Barnstaple and at 1 St Peters Terrace, Barnstaple). The results of noise monitoring shall be available to authorised officers of North Devon Council upon request and data provided to the authority upon subsequent request after the event.
   

  37    A log book shall be established to record details of all sound level monitoring taken throughout the course of the event. If there any instances of exceedance of the noise limits remedial action shall be taken immediately to achieve compliance, and the details of this action recorded in a noise monitoring log book.
   

  38    There shall be a manned telephone in the Control Centre and there shall be a dedicated person on site contactable on 07756814320 at all times during the event. The dedicated person will be responsible for turning down all site noise levels if necessary.
   

  39    If required upon the reasonable request by authorised officers of North Devon Council and at any time during the event, the sound operator shall temporarily adjust the configuration of the amplification system to reduce either broadband sound levels or sound levels within a particular octave band. Thereafter the applicant shall agree with the officer(s) a music noise level to achieve compliance with noise limits. Where necessary, the noise level of any noise source found to be excessive by an authorised officer of North Devon Council shall be immediately reduced to a level acceptable to the officer.
   

  40    All other potential sources of noise throughout the site shall be monitored and regulated in accordance with the Noise Management Plan.
   

  41    Any noise complaints made to the applicant will be recorded and investigated in accordance with the Noise Management Plan. Sound levels will be monitored and recorded from the façade of the complainant’s property. Action will be taken to reduce levels where exceedances are identified, and all details of the complaint shall be recorded in a noise monitoring log book.
   

  42    The supply of alcohol and regulated entertainment shall be confined to the area (s) as outlined in BLACK 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