ANNEX 1 - MANDATORY CONDITIONS
1.1 No supply of alcohol may be made under this licence
a. at a time when there is no designated premises supervisor in respect of it or,
b. at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended
1.2 Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.
1.3 The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made by
a. The British Board of Film classification (BBFC) where the film has been classified by that Board, or
b. the Licensing Authority where no classification certificate has been granted by the BBFC or where the licensing authority has notified the licence holder that section 20 (3) (b) of the Licensing Act 2003 applies to the film.
Mandatory Licensing Conditions (wef October 2014)
1. (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).
2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
3. (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.
4. 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.
Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014
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×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) “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.
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
2.1 The Police Licensing Department and Planning Officer shall be notified of the dates of each Event every year within three months of the event taking place.
2.2 Only polycarbonate or other non-glass vessels shall be used to dispense beverages to customers in the general admission area. Glass vessels may be used in the VIP area only and shall not be removed from the said area.
2.3 Frequent collection of litter shall be undertaken to ensure that empty containers do not accumulate in or around the licensed area.
2.4 Alcohol shall only be sold or supplied to persons attending the event.
2.5 A zero tolerance policy shall be adopted towards any illegal behaviour and any activity that upsets the family atmosphere shall be dealt with promptly and efficiently.
2.6 There shall be a zero tolerance policy towards drugs.
2.7 No entertainment of an adult nature shall take place on the premises.
2.8 There shall be drinks promotions but these shall not contravene the British Beer and Pub Association Standards for the Management of Responsible Drinks Promotions, or which may encourage binge drinking.
2.9 A clear and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents when leaving the premises shall be erected and maintained in a prominent position at every exit.
2.10 The licence holder and DPS shall ensure that the arrangement for the storage of empty bottles prevents unauthorised access to those bottles.
2.11 At least one personal licence holder shall be available on the premises whilst the supply or sale of alcohol is being undertaken (whose identity shall be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
2.12 All staff to have received suitable training in relation to the proof of age scheme to be applied upon request.
2.13 No unaccompanied children shall be allowed on the premises at any time.
2.14 Risk assessments carried out by or on behalf of the Licence holder which relate to a licensing objective shall be available for inspection by an officer or a Responsible Authority.
2.15 An adequate number of licensed door supervisors shall be on duty as appropriate to any risk assessment and in accordance with the guidance under the Nightsafe Scheme.
2.16 Appropriate measures shall be taken to ensure that staff prevent the removal of bottles or glasses from the licensed premises.
2.17 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in the licensed premises.
2.18 A suitable sufficient and risk assessment shall be undertaken having regard to the following:
i) A sufficient number of stewards shall be provided in relation to the estimated occupancy for the event.
ii) There shall be adequate provision of suitable located emergency exits within the perimeter fencing/barriers relating to the occupancy.
iii) Adequate provision and types of fire fighting equipment shall be provided in relation to the occupancy.
iv) An adequate number of first aiders and first aid equipment shall be provided in relation to the occupancy.
2.19 In relation to the event and the above issues the Premises Licence Holder shall follow the principles within the “Event Safety Guide - A Guide to Health, Safety and Welfare at Work and Similar Events - HSG 195, published by the Health and Safety Executive (HSE) 1999 ISBN 0 7176 2453.”
2.20 A designated member of the management team shall patrol the site ensuring that control measures identified within the risk assessments are implemented. Where there are new risks to safety identified, the designated person shall take the necessary steps to reduce and eliminate such risks.
2.21 The licence holder and the DPS are to support and rigorously enforce the Challenge 25 Proof of Age policy. Any person who looks or appears to be under the age of 25 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable: photo driving licence; passport; Proof of Age Standards Scheme Card; and any other locally or nationally approved form of identification which may be introduced in the future.
2.22 The premises licence shall only have effect for 5 (five) consecutive days within a calendar year and the existing licence FY PL0502 shall be surrendered upon the grant of this licence.
2.23 CCTV equipment shall be installed and maintained in good working order in accordance with the manufacturer’s instructions. All entrances, exits and bar areas to be covered by the system and, where practical, additional cameras located in other public areas of significant activity within the premises. The system shall record images of the head and shoulders of all persons entering the premises for identification purposes.
2.24 Images shall be retained in unedited form for not less than 21 days.
2.25 A staff member who is conversant with the operation of the CCTV system shall be on the premises when open to the public. This staff member shall be able to show recent data or footage with the absolute minimum of delay when requested to a Police officer or to a Local Authority Enforcement Officer/Authorised person.
2.26 The person undertaking the licensable activity shall appoint a suitably qualified and experienced noise consultant prior to any major event (i.e. where the noise level arising from amplified music or voice would be between 5 and 15 decibels dB(A) above background levels). The consultant shall be instructed to liaise with the licensee, any promoter, sound system supplier, and sound engineer that is involved with that particular event, as well as Fylde Council’s Environmental Health Department on all matters relating to noise control prior to and during events.
2.27 The noise consultant shall carry out a survey to determine the background noise levels (as defined by the Code of Practice on Environmental Noise at Concerts or other relevant nationally recognised guidance) at locations around the venue that are representative of noise sensitive premises likely to experience the highest level of noise as a result at any event. It is accepted that the dwellings in the immediate vicinity shall experience sound levels in excess of those recommended in the Code of Practice. Other suitable monitoring points shall be sought but must also include the immediate vicinity to assess the sound level at the dwellings directly opposite. Areas that were the subject of noise complaints in recent years shall be considered appropriate.
2.28 A noise propagation test shall be undertaken prior to the start of any event in order to set appropriate control limits at the sound mixer position.
2.29 Background sound level readings shall be taken just before the event commences and at intervals during any major event, where it is reasonably practical to do so.
2.30 The sound system shall be configured and operated in a similar manner as intended for the event. The sound source used for the test shall be similar in character to the music likely to be produced during the event.
2.31 The person undertaking the licensable activity shall ensure that the promoter, sound system supplier and all individual sound engineers are informed of the sound control limits and that any instructions from the noise consultant regarding noise levels are to be implemented.
2.32 The appointed noise consultant shall arrange for sound levels to be regularly monitored at pre-designated positions.
2.33 All monitoring results shall be recorded in the premises log book or a sound recordings log.
2.34 There shall be a manned telephone throughout the events with a pre-advertised number. This is to enable the reporting of any noise disturbance resulting from events at the venue.
2.35 The Front of House limit shall be set at a guideline level up to 98dB LAeq (15 minutes) and noise levels shall be monitored at the agreed monitoring locations during the event to ensure that any nuisance is avoided and, if necessary, the level to be reduced at the Front of House position accordingly.
2.36 The Premises Licence Holder shall engage at their own cost a professional sound analyst/engineer who shall be on site throughout the duration of the Event and shall work with Fylde officers to record and collate data from various locations and under different conditions so that these can be used to better inform appropriate sound levels going forward.
2.37 The applicant shall continue to arrange a community liaison group whose remit shall be to facilitate discussion between the applicant and the local community about the Lytham Festival. The group which shall be organised by the applicant and comprise of representatives of the local community in Lytham and a senior responsible representative of the applicant.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 The maximum number of attendees at the festival at any one time is limited to 19,999 apart from Friday, Saturday and Sunday nights when the maximum number of attendees shall be limited to 25,000.
3.2 At all times that the premises are open to the public for licensable activities, all staff of the premises licence holder who are on-duty at the premises, including all door supervisors, and all on-duty festival managers must have completed Action Counters Terrorism (ACT) Awareness e-learning training.
In addition, a minimum of 1 on-duty manager and any on-duty security supervisor/manager must also have attended a Counter Terrorism (CT) Awareness session delivered by Counter Terrorism Policing North West (CTPNW) trained personnel prior to the event each year.
In addition, the premises licence holder shall instruct all other contractors that it shall be a requirement of their contract to ensure that all staff in their employ who shall be working at the premises when licensable activities are taking place to undertake the ACT e-learning training.
3.3 The Designated Premises Supervisor or Operations Manager must have attended a CT Awareness training session delivered by CTPNW-trained personnel as soon as is reasonably practicable. In all cases, within 28 days of a new Designated Premises Supervisor being named on the licence, the individual or the Operations Manager for the event must have registered to attend a course and be able to provide evidence of this, if requested by a police officer or authorised officer of any responsible authority.
3.4 There must be a documented security assessment, which must incorporate counter terrorism measures for the premises. The assessment shall be routinely reviewed and must be reviewed following the elevation of the change of the national threat level. All reviews shall be documented.
3.5 Within 28 days of the grant or variation of the licence, the premises licence holder shall evaluate any risks identified through the security assessment and take prompt steps to eliminate them or to reduce the risk as far as is reasonably practicable when the event is held. A documented record must be maintained of any action implemented and made available upon request to a police officer or authorised officer of any responsible authority.
3.6 The premises must have a documented security plan, which sets out counter measures to be implemented in response to a terrorist attack in conjunction with government guidance, and the purposes of those procedures and the necessity of following them must be understood by those carrying them out. The plan must be available for inspection upon request to a police officer or authorised officer of any responsible authority.
3.7 The terminal hour for live music shall be 10.30pm for the Sunday performance.
ANNEX 4 - PLANS
See attached plans referenced FY PL0511