On the Road Music Festival

Broadlands Farm, Saunton Road, Braunton, Devon, EX33 1HG

Completed application 051288 which is a Variation Application for Premises Licence from 10/03/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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        Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification body designated as the authority under Section 4 of the Video Recordings Act 1984.

   

  5        Where the film classification is not specified or the relevant licensing authority has notified the premises licence holder under Section 20(3)(b) of the Licensing Act 2003, the admission of children must be restricted in accordance with any recommendation made by the Licensing Authority.
   

  6        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).
   

   

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

   

  8.              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.

   

  9.              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.

   

  10.              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.

   

  11.              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.

   

  12.              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.

   

  13.              For the purposes of the condition 12 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.

   

  14. Where the permitted price given by Paragraph (b) of Condition 13 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.

   

  15.              (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        This Licence shall be limited to On the Road Music Festival only for one event period which runs on a Friday, Saturday and Sunday between the last week in August and the first week in September annually.
   

  2        The event will be run by way of an Event Management Plan. A final draft will be completed 1 month before the event takes place and submitted to the Fire Authority, Police Licensing, Licensing Authority and the North Devon Safety Advisory Group.
   

  3        The premises licence holder shall comply fully throughout the duration of the licence with the submitted 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 the Event Management Plan outlined shall be made where practicable in conjunction with the relevant Responsible Authority and Licensing Authority.
   

  4        All staff engaged in licensable activity at the premises, will receive training and information in relation to the following:  (i) The Challenge 21 scheme in operation at the premises, including the forms of identification that are acceptable; (ii)  The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence; (iii) How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol); (iv) Recognising the signs of drunkenness; (v) The operating procedures for refusing service to any person who is drunk, under age or appears to be under age, or appears to be making a proxy purchase; (vi) Action to be taken in the event of an emergency, including reporting an incident to the emergency services.
   

  5        Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12 monthly intervals.  Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.  Training records will be retained for at least 12 months.
   

  6        An incident log shall be kept and maintained at the premises, which will include a log of the following, including pertinent details: (i) Any incidents of disorder or of a violent or anti social nature; (ii) All crimes reported to the venue or by the venue to the Police; (iii) All ejections of patrons; (iv) Any complaints received; (v) Seizures of drugs or offensive weapons; (vi) Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.
   

  7        Records must be completed within 24 hours of any incident and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.
   

  8        The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.
   

  9        With the exception of residents and their bona fide guests, no alcohol shall be consumed more than 20 minutes after the permitted terminal hour for the supply of alcohol.  The consumption of alcohol on the premises shall cease at 23.20.  Customers will not be permitted to remove from the premises any drinks supplied by the premises (alcoholic or otherwise) in open containers.
   

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

  11    There shall be no self service of alcohol on the premises.
   

  12    Retail sale of alcohol shall only take place from a fixed bar, no mobile dispense sales will take place.
   

  13    Any person used to carry out a security activity will be licensed by the Security Industry Authority.
   

  14    The number of SIA licensed door supervisors employed, shall be in accordance with the following ratio: A minimum of 1 door supervisor will be employed for each 100 customers on site.
   

  15    All SIA licensed door supervisors shall wear distinctive clothing or insignia to clearly identify them as door supervisors.  Door supervisors on duty at the entrance(s) shall wear ‘high visibility’ clothing (such as a jacket or waistcoat).
   

  16    SIA licensed door supervisors engaged in searching persons, shall be fully trained in the use of their powers to do so.  Where searches of persons are undertaken, SIA licensed door supervisors of both sexes will be on duty.  Any queue to enter the premises, which forms outside the premises, must be supervised by SIA licensed door supervisors so as to ensure that it is orderly; there is no associated public nuisance, or obstruction to the public highway/footpath.
   

  17    A written drugs’ policy shall be in place and operated at the premises.  It must detail the actions taken to minimise the opportunity to use or supply illegal substances within the premises.  The policy must be made available for inspection and copying upon request by an authorised officer of a responsible authority.  A clear and legible Notice must be prominently displayed at all entrances to the premises, advising those attending that the Police will be informed if anyone is found in possession of controlled substances or weapons.
   

  18    The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed 5000.
   

  19    The Premises Licence Holder or nominated person shall ensure that the accommodation limit specified on the licence of 5000 is not exceeded and shall be aware of the number of the people on the premises at all reasonable times.  This information shall be immediately available on the request of an authorised officer of a responsible authority.
   

  20    In respect of temporary sanitary facilities, the servicing of sanitary accommodation must take place on a continuous basis throughout the event, to ensure the sanitary accommodation is kept in a usable condition at all times when the public require it to be available.  In respect of temporary sanitary facilities, the removal of sewage must take place hygienically and appropriately at the conclusion of the event or as required.
   

  21    In the absence of adequate daylight, artificial lighting in any area accessible to the public shall be fully operational, whilst the public is present.
   

  22    Barriers/guards will be available where queues for entry can be envisaged.  These must be arranged so as to control patrons, keep the pavements clear and ensure that queues do not impact on means of escape in case of fire.  Queuing outside the premises will not be permitted and the entrance field to the festival site will negate any need to queue on the road or pavement outside the premises.  Door supervisors will be properly briefed and trained to manage queues in a safe and efficient manner.
   

  23    All drinks shall be served in plastic, paper or polycarbonate containers.  No drinking vessel, glass or bottle may be taken from the premises.  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 is open to the public.
   

  24    There will be a designated First Aid based with appropriately qualified and insured first aiders present.
   

  25    Clear and legible Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and to leave the vicinity as quickly and quietly as possible.  When issues are identified, approaches will be made to patrons, who will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity as quickly and quietly as possible.
   

  26    No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming a part of the premises.  The location and orientation of loudspeakers must be as specified on the attached premises’ plan.
   

  27    The handling of kegs, bottles, cleaning equipment, bottle disposal and similar items shall not take place before 08:00 hours or after 23:30 hours.
   

  28    No deliveries (in relation to licensable activities) to the premises shall take place between 20:00 hours and 08:00 hours.
   

  29    A noise management plan is in place, as discussed and agreed, with Environmental Health Agency.
   

  30    A telephone number shall be made available and displayed in a prominent location where it can conveniently be read from the exterior of the premises by the public for local residents to contact in the case of noise nuisance or anti-social behaviour by persons or activities associated with the premises.  The telephone number will be a direct number to the management who are in control during opening hours.  A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call.  Records will be made available for inspection and copying by an authorised officer of a responsible authority throughout the trading hours of the premises.  The Premises Licence Holder or Designated Supervisor shall be available at all times during regulated entertainment and be responsible for co-operating and liaising with any responsible authority.
   

  31    The Premises Licence Holder or nominated person shall control the sound levels of the music/entertainment.
   

  32    While live or recorded music takes place, regular monitoring of noise levels at the nearest noise-sensitive locations shall take place.  A record shall be kept of any monitoring, including: (i)  The date, time and location of the monitoring; (ii) The name of the person monitoring; (iii) Any action taken.
   

  33    Records shall be kept for at least 6 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.
   

  34    No smoking will be permitted within the structures on the premises (marques and tents) and signage will be displayed prominently.  Suitable receptacles will be provided for cigarette litter within the designated smoking area.  The smoking area shall be regularly cleaned to ensure that all discarded smoking litter is removed and properly disposed.
   

  35    Local taxi operators will be advised that drivers should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily.
   

  36    During the hours of operation of the premises, a sufficient number of suitable receptacles will be located in appropriate locations for the depositing of waste materials, such as food wrappings, drinks’ containers, smoking related litter, etc., by customers.
   

  37    The use of lighting in the festival field shall cease at 00:00 hours except for health and safety reasons.
   

  38    No fumes, steam or odours shall be emitted from the licensed premises, so as to cause a nuisance to any persons living or carrying on business in the area where the premises is situated.
   

  39    All bar staff, supervisors and managers must be trained in the legality and procedure of alcohol sales, using the SWERCOTS’ online training pack (or equivalent), prior to undertaking the sale of alcohol and then at least every 12 months.  Training shall be signed and documented.  Training records must be kept on the premises and be made available for inspection and copying to an authorised officer of a responsible authority on request.  The documentation relating to training should extend back to a period of three years and should specify the time, date and details of the persons both providing the training and receiving the training.
   

  40    The premises shall display prominent signage indicating in all areas where alcohol is located that a Challenge 21 scheme is in operation.
   

  41    There will be in place a written age verification policy in relation to the sale of alcohol, which will specify a Challenge 21 proof of age requirement.  This means that staff working at the premises must ask individuals who appear to be under 21 years of age, attempting to purchase alcohol, to produce identification.  The only acceptable identification documents will be: (i) A photograph driving licence; (ii) A passport; (iii) An identification card carrying the PASS hologram.  Unless such identification is produced, the sale of alcohol must be refused.
   

  42    This policy will include documented steps taken to prevent adults from purchasing alcohol for, or on behalf of, children under 18.
   

  43    An alcohol sales’ refusals’ register shall be kept at the premise and be maintained to include details of all alcohol sales refused.  The register will include: (i) The date and time of refusal; (ii) The reason for refusal; (iii) Details of the person refusing the sale; (iv) Description of the customer; (v) Any other relevant observations.
   

  44    The refusals’ register will be made available for inspection and copying on request of an authorised officer of a responsible authority.  All entries must be made within 24 hours of the refusal.
   

  45    Unaccompanied children (under 16) will not be allowed upon the premises at any time.
   

  46    Notwithstanding the mandatory condition imposed by Section 20 of the Licensing Act 2003 (above), the exhibition of films pursuant to this licence will be restricted to films that have been classified as Universal (U) or Parental Guidance (PG) by the designate film classification body.
   

  47    There shall be no striptease or nudity, and all persons shall be decently attired at all times.
   

  48    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