Stowfest

Stowford Farm Meadows, Berrydown, Combe Martin, Devon, EX34 0PW

Completed application 047050 which is a Variation Application for Premises Licence from 01/12/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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 shall be limited to Stowfest only, for one event period which runs on a Friday, Saturday and Sunday between the first weekend in June and the first weekend in July.
   

  2        The premises licence holder shall comply fully throughout the duration of the licence with a suitable and sufficient Event Management Plan. A copy of the Event Management Plan shall 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 conjunction with the relevant Responsible Authority and Licensing Authority.
   

  3        Entry to the event shall only be permitted to those persons who have pre booked accommodation and are staying at Stowford Farm Meadows caravan site. Each attendee shall be required to wear a wristband to gain entry into Stowfest.
   

  4        The admittance of day visitors and the sale of day tickets is prohibited.
   

  5        A suitable and sufficient documented fire risk assessment shall be undertaken and submitted to the Fire Authority and Licensing Authority prior to the event.
   

  6        The maximum number of tickets that may be sold for the event is 2000, however any restrictions contained within the fire risk assessment override this figure i.e. if the assessment only allows a capacity of 1600 then this is the capacity. The overall capacity includes the public, staff, performers, crew and volunteers etc.
   

  7        Adequate security measures shall be maintained to ensure that the licence capacity is not exceeded. SIA licensed security staff shall monitor numbers of attendees present at the event by using a ‘clicker device’ or similar.
   

  8        SIA security cover will be provided to the level that is pre-agreed with the Police and event organisers to give the public a safe event and security staff a safe working environment.
   

  9        A female supervisor will be available if searches are to be conducted on female customers.
   

  10    SIA licensed security staff shall be in direct radio contact at all times with the event organisers.
   

  11    A full briefing of all event staff including bar staff, security staff and stewards shall take place prior to the event. All staff shall 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 and egress routes; Monitoring entry of under 18's to the bar; Location of fire points and first aid area; Lost child policy and procedures; Signs of fatigue, dehydration and excessive alcohol consumption; Noise management plan.
   

  12    Retail sale of alcohol shall solely take place from one tented bar area.  The tent used for retail sale of alcohol shall be managed and run by a Bar Manager holding a Personal Licence.
   

  13    There shall be a personal licence holder on duty on the bar within the premises at all times when the premises are authorised to sell alcohol.
   

  14    No mobile dispense sales of alcohol shall take place at the event.
   

  15    All drinks shall be served in plastic/paper containers.
   

  16    No customers carrying open or sealed bottles cans or other receptacles containing alcoholic liquor shall be admitted to the premises at any time that the premises are open to the public.
   

  17    Customers may take any drink into the premises which is purchased from the adjoining Stables Bar. All These drinks shall be served in plastic/paper containers.
   

  18    Access shall be granted to North Devon Council Officers to all areas of the site relevant to an investigation of music noise levels, to include front of house and monitor sound mixing positions.
   

  19    There will be in place a written age verification policy in relation to the sale or supply of alcohol, which will specify a Challenge 25 proof of age requirement. Staff working at the premises must ask individuals who appear to be under 25 years of age, attempting to purchase alcohol, to produce identification. The only acceptable identification documents will be: A photo driving licence; A passport; An identification card carrying the PASS hologram.  Unless such identification is produced the sale of alcohol must be refused.
   

  20    The Music Noise Level measured over a 15 minute period (LAeq, 15 min) at the boundary of any noise sensitive premises shall not exceed a level 65dB(A) during the daytime (defined as between the hours of 09:00 and 23:00) on any day.  At all other times the Music Noise Level shall not exceed 45dB LAeq 15 min at the boundary of any noise sensitive premises.
   

  21    Between the hours of 23:00 and 08:00 the levels at the relevant sound mixer positions shall be controlled such that at the boundary of any noise sensitive premises the 63 Hz and 125 Hz octave band levels, measured over a period of 15 minutes (LZeq, 15min) shall not exceed a level 3 d(B) below the agreed Music Noise Level.
   

  22    Access will be granted to officers of the licensing authority to all areas of the site relevant to an investigation of music levels, to include front of house and monitor sound mixing positions.
   

  23    During the while course of the event, a noise monitoring system shall be in place.
   

  24    Two off-site monitoring locations shall be established to the satisfaction of the licensing authority and prior to the event commencing.
   

  25    The results of noise monitoring shall be available to officers of the licensing authority upon request and data provided to the authority upon request subsequent to the event.
   

  26    There will be a manned, charged telephone, with reception, throughout the event and there will be a dedicated person on site with the relevant responsibility to turn down the noise levels on request throughout the event.
   

  27    Upon the reasonable request by officers of the licensing authority 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 a music noise level to achieve compliance with noise limits.
   

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

  29    The noise level of any noise source found to be excessive by an officer of the licensing authority shall be immediately reduced to a level acceptable to the officer.
   

  30    Measures will be put in place to enable those residents who have potential to be adversely affected by the event to contact the event organiser throughout the event if they wish to - and those residents will be notified of how they are able to make contact with the event organiser.
   

  31    All noise complaints received will be recorded in writing by the event organiser, thoroughly investigated and the outcome/remedial actions also recorded.  If it is alleged or suspected that the music noise levels are being breached, sound level monitoring will be undertaken from the relevant complainant's property.  Remedial action will be taken to reduce levels when non compliance with licence conditions is identified.
   

  32    The supply of alcohol and regulated entertainment 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