LICENSING ACT 2003
CONDITIONS ATTACHED TO THE GRANT OF THIS LICENCE
This licence is granted subject to any Mandatory Conditions imposed by the Licensing Act 2003, and conditions volunteered on the application form to be undertaken by the applicant and where necessary, conditions imposed by the Licensing Authority in order to promote the Licensing Objectives.
Mandatory Conditions:
a No supply of alcohol may be made under the Premises Licence at a time when there is no Designated Premises Supervisor (DPS) in respect of the Premises Licence OR at a time when the Designated Premises Supervisor does not hold a Personal Licence or his/her Personal Licence has been suspended.
b Every supply of alcohol under the Premises Licence must be made or authorized by a person who holds a Personal Licence.
c Any Door Security staff employed to carry out a security activity at the premises must be licensed with the Security Industry Authority (SIA).
d. In respect of the exhibition of films as mentioned below:
1 The admission of children to the exhibitions of any film is restricted as follows:
2 Where the film classification body is specified in the licence, unless 3(b) below applies, the admission of children is restricted in accordance with any recommendation of that body.
3 Where:-
(a) the film classification body is not specified in this licence, or
(b) the licensing authority has notified the holder of the licence that this subsection applies to the film in question,
the admission of children is restricted in accordance with any recommendation made by the licensing authority.
4 In relation to the above:
“children” means persons under the age of 18 years; and
“film classification body” means the persons or person designated as the authority under section 4 of the Video Recordings Act 1984.
Mandatory Conditions pursuant to The Licensing Act 2003
Mandatory Licensing Conditions (Amendment) Order 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.
Definition:
Responsible person - as defined by section 153 (4) Licensing Act 2003 -
(a) In relation to a licensed premises -
(i) the holder of a premises licence in relation to a premises
(ii) the designated premises supervisor (if any) under such a licence
(iii) any individual aged 18 or over who is authorised for the purposes of this section by such a holder or supervisor.
(b) 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 him to prevent the supply in question.
The Licensing Act 2003 (Mandatory 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-
where-
P = D + (D x V)
(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 paragraph2 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.
Conditions consistent with the Licensing Schedule
General
The event will be planned in consultation with BCC through the event planning process in order to satisfy the four licensing objectives.
The event management plan will be submitted to the Event Safety Advisory Group (ESAG) consisting of GMP, event organisers, BCC-Parks, environmental health and all other relevant LA departments has met. Further meetings with Parks and GMP will take place if required in the lead up to the event. Organisers will abide by the recommendations of the ESAG.
Stipulations on permitting agreed activity within the space will be agreed as part of the event planning process and the designated event organiser will be responsible for the communication of the event management process to the relevant authorities 14 days before the date of the activity.
A detailed Event Management Plan has been drawn up to ensure emergency situations can be dealt with safely. The physical layout of event activity within the site will be planned with crowd management and the stewarding team briefed to prevent people gathering and causing disturbance during event activity.
An experienced security/stewarding team will be in place to ensure that no illegal activity is permitted at the event.
The Alcohol Management Plan which outlines the control measures for the supply of alcohol includes controls to prevent excessive drinking and to prevent drunkenness. The interior and periphery of the site will be carefully controlled to prevent disorderly and violent behaviour.
A cleansing schedule will be implemented both during and after the event to ensure the park is kept to its normal high standard of cleanliness. Event organisers will be charged with the responsibility of keeping the premises and the surrounding areas tidy during event load in and build. Litter management during the event and post event clean-up is being contracted and managed by contract cleaners.
The retail of alcohol within the site would be within a time controlled and stewarded area and prior agreement with BCC Events Management Team and GMP.
No activity would be permitted that would negate the provision of a safe, child friendly environment.
The premises licence takes in the whole of the event area on advice from GMP and BCC. This allows conditions of entry to be implemented as follows:
No dogs, no bicycles, no alcohol, no glass bottles to be brought on site
These conditions will be implemented by the event stewarding company at the entrance points and perimeter. General public capacity will be limited to 4000 at any one time by the use of ticket system augmented by clickers at all points of public access/egress.
Event organisers T3 Events have several years’ experience in managing this type and size of events.
Security
1. An experienced professional event management and security/stewarding team will be in place to ensure that no illegal activity is permitted at the event.
2. The interior and periphery of the site shall be controlled, so as to prevent disorderly and violent behaviour.
3. All activity within the licensed area will be appropriately stewarded and policed regarding its content.
4. Only individuals licensed by the Security Industry Authority shall be used at the premises where required by law to undertake security activities, which include guarding against:
a) Unauthorised access or occupation (e.g. through door supervision)
b) Outbreaks of disorder, or
c) Damage of property.
5. There shall be a detailed schedule provided with the licence application, drawn up by the appointed stewarding contractor, specifying:
a) numbers of staff and roles sufficient to control the entry of persons to the premises
b) for the keeping of order in the premises
c) where SIA qualified staff are required
d) emergency procedures (e.g. evacuation of the site).
This plan will integrate with the EMP for the event and will be finalised in conjunction with the advice of GMP, GM Fire Service.
6. Security staff and stewards shall be in place at all points of access and egress to the premises prior to any licensable activity taking place. The park gates shall remain locked closed until staffed by event security staff.
7. Security staff shall remain at all points of access and egress until all members of the public have exited the premises (park) after licensing activities have concluded.
8. Any person who:
a) tried to gain entry to the premises who is involved in disorderly conduct or anti-social behaviour outside the premises
b) is likely to cause crime and disorder within the event site
will not be permitted to enter the premises. The premises licence holder shall ensure that any person within the premises who is involved in disorderly conduct or anti-social behaviour inside the premises will be removed from the premises.
9. The security, operating on behalf of the event organisers, will be responsible for restricting access in line with the conditions of entry and will refuse entry to any persons on the advice and assistance of GMP.
10. The premises licence holder will not allow entry or allow to remain in the premises any person who is notified to the Designated Premises Supervisor by the Greater Manchester Police as being a person of bad character by way of association to other persons of by convictions at court.
11. A written record shall be kept on the premises of all stewards and security staff employed on the premises in a register kept for that purpose. That record shall contain the following details:
a) the door supervisor’s name, date of birth and home address;
b) his/her Security Industry Authority licence number;
c) the time and date he/she starts and finishes duty;
d) the time of any breaks taken whilst on duty;
e) each entry shall be signed by the door supervisor.
The register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.
The Prevention of Crime and Disorder
Conditions of Entry
1. The event shall be operated with restricted access to the site with terms and conditions of entry posted at the entrance. Event organisers are requesting for the following conditions of entry as part of the licence:
a) There will be no alcohol allowed into the premises (park).
b) There will be no containers of any kind allowed into the premises (park).
c) There will be no animals allowed into the premises other than assistance dogs (park).
d) There will be no pedal/motorised cycles or scooters allowed in the premises (park).
e) There will be no disposable barbecues allowed into the premises (park).
All persons will be liable to a search on entering the premises (park).
2. There will be signs at all points of access, in clear easily readable text providing the following information:
a) All persons entering the premises (park) will be liable to a search by security staff.
b) No fluids allowed into the premises (park).
c) No containers allowed into the premises (park).
d) No disposable barbecues allowed into the premises (park).
e) No animals allowed into the premises unless assistance dogs (park).
f) No Pedal/motorised cycles or scooters allowed into the premises (park).
g) The opening and closing times.
3. The entrance policy will be applied consistently and fairly. The security will be responsible for enforcing the conditions of entry but will be assisted by GMP where necessary.
4. The event organisers will be responsible for informing the wider community and park users about the restrictions of entry to the park. Signs will be erected in the park and in the vicinity of the park at least two weeks before the event and on the day of the event to inform the local community about the restrictions of entry to the park over the weekend of the event. This information will also be included in any publicity about the event e.g. leaflets, posters, internet, radio messages, etc.
5. Communication to the public in advance of the event (e.g. flyers, posters, local radio, press) shall also describe the nature of the event and contain safety messages as advised by GMP.
6. At the exit point there will be signs in clear, easily readable text providing the following information:
a) No alcohol to be allowed beyond this point.
b) It is an offence to take alcohol out of the licensed premises (park).
c) Please leave quietly and respect the neighbours.
7. If illegal substances or weapons are found on any person during a search by security, the person will be refused entry and the incident will be reported to the police immediately.
8. Event organisers will ensure that staff are trained to recognise drunkenness and refuse service to customers who have consumed excessive alcohol and trained to handle potential troublemakers and diffuse difficult situations.
9. Event organisers will encourage vigilance among staff to supervise customers in all parts of the premises.
10. Event organisers shall employ sufficient staff to effectively manage numbers of people waiting to be served in bar areas.
11. Event stewards will be vigilant and identify suspicious behaviour and take appropriate action to assist in the prevention of theft and robbery and the prevention of crime and disorder within the premises.
Supply of Alcohol
1. There shall be two public bars operating on site.
2. Careful planning of the supply of alcohol will be carried out in line with the event Alcohol Management Plan which includes controls to prevent excessive drinking and to prevent drunkenness.
3. A local alcohol management meeting shall take place with the park management and the policing agencies to discuss the consumption/sale of alcohol no less than 28 days before the event.
4. No supply of alcohol may be made under this premises licence:
a) at a time when there is no designated premises supervisor in respect of the premises licence, or;
b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
5. Every retail sale or supply of alcohol made under the licence must be made or authorised by a person who holds a personal licence [the designated premises supervisor]
6. The bar shall have a clear list of people authorised by the DPS to supply alcohol by retail.
7. The designated Premises Supervisor, when present, and all members of staff shall ensure that all lawful instructions and/or directions given by the police are complied with.
8. Specific controls will include:
a) The provision of SIA stewarded entrances to the site.
b) Agreed trading hours and review of type of alcohol retailed so that it has a fit with the event.
c) Crowd control barriers will be available to create a queuing lane for the bars if deemed necessary by bar managers.
9. Alcohol shall only be served in a predetermined designated area after consultation with the police.
10. A Challenge 25 Policy is to be adopted. Anyone who appears to be under the age of 25 shall be required to produce ID which will be driving licence, passport or PASS card. Where satisfactory ID is not presented upon request, there shall be no sale of alcohol to that person.
11. Members of the public shall be prevented from removing alcohol from the event site by stewards at the event exit points. Bins shall be placed at these locations to allow the disposal of any containers.
12. The designated area shall be properly signed informing people that alcohol cannot be removed from the site.
13. Stewards shall inform GMP of any unauthorised sales of alcohol outside the event.
14. In order to prevent unlicensed sales of alcohol:
a) Stallholders arriving in vehicles will be informed by security that unlicensed sales of alcohol will not be permitted.
b) Stallholder’s vehicles may be subject to a search
c) Event organisers with the support of Exclusec will inspect stalls each day to ensure that no unlicensed sales of alcohol occur.
Public Safety
1. All event activity within the premises will be controlled with specific reference to the capacity of the venue, the nature of the cultural content and in compliance with the standards for the provision of services as outlined by the Purple Guide.
2. The event manager will utilise the application and planning stage of the event management process to ensure the safety of the general public, contractors and artists, and to minimise hazards and prevent accidents. This will be done through the consultation process of ESAG with GM Fire Authority, GMP and BCC, proof of Public Liability Insurance and the provision of an event risk assessment.
3. All events activity will make provision for the management of access and egress to the park, taking into account the maximum specified capacity of 2000 at any one time. The proposed licensed premises is a large public park with the audience being a wide cross-section of ages, particularly families.
4. Provision will be made to allow communication of emergency procedures and issues relating to the health, safety and welfare of people within the venue. This will be done through signage, via public address systems and by event staff.
5. The contingency arrangements for emergency evacuation is in place and will be implemented should the need arise. This will form part of the Event Management Plan.
6. The maintenance of the existing blue route across the park will be in force - any temporary changes to the blue route due to event activity will be by prior arrangement with the relevant emergency services.
7. Risk Assessments, insurance and PIPA forms for inflatables and any other similar attractions will be submitted 14 days prior to the event and will be made available to GMP/BCC.
8. All event contractors will comply with all relevant health and safety legislation and follow the control measures documented in their own risk assessments and method statements will be responsible for ensuring safe systems of work.
9. Adequate temporary public lighting will be present on the site when necessary.
10. First Aid provision will be as per the Purple Guide calculations.
11. The toilet facilities will be provided as per the Purple Guide calculations.
12. All alcohol within the premises must be served in plastic glasses - bottles to be decanted into plastic at the point of service.
13. Opening hours of the event which features the retail of alcohol will be agreed during the event planning stage by the event organiser, BDD and GMP - and will be designed to avoid disturbance associated with large concentrations of people who have been drinking. Those hours will be displayed to aid management of people within the premises.
14. Site traffic will be prohibited 1 hour before event opens to the public and 30 minutes after site clear of public.
15. Site traffic will be instructed by stewards to drive at 5mph with hazard lights on.
16. A dispersal plan shall be implemented following a safety advisory group meeting with GMP and included in the EMP which shall be circulated prior to the event. This will include prompt security clearing the event site and maintaining a presence at all points of public access/egress. Egress from the park shall be monitored with reference to control of departure and safe access to transport, etc.
The Prevention of Public Nuisance
1. As the event is in the middle of a public park there are a number of residences and businesses in the immediate area of the premises. Great consideration will be given to residents and businesses in the surrounding area, particularly with regard to noise and the movement of crowds arriving and leaving the event.
2. Music or public address Db will be approved by Bury Council’s Environmental Health (Pollution Control Section) prior to the event taking place as in line with the existing licence held by Bury Council and the sound management plan will be implemented to manage levels in line with the conditions of the licence, which will be monitored by an Independent Sound Monitoring Officer.
3. Environmental Health will be contacted and consulted during the event planning stage.
4. Generators provided will be of a super silenced type which operate at a sound level of approximately 75dB at 1m from the casing. All generators will be contained with secure compounds which keep the public at least 1m from any part of the casing preventing public coming into close contact with fumes.
5. Access and egress from the site will be monitored with reference to the impact on the local environment, the control of public ingress/departure and safe access to and from transport.
6. The load in, build, de-rig and load out stages of the event will be within an agreed timeframe and a curfew imposed for each event that prohibits the construction/dismantle of structures, the rig and de-rig of event equipment and the movement of plant or vehicles that are supplied or contracted by the event organiser within the venue.
The Protection of Children from Harm
1. The Event is 18 years and over in terms of content and appeal. Programming and marketing will be designed with this audience in mind, age restriction to over 18s will apply to the event.
2. Alcohol shall not be sold to any person who is under 18 years of age, or to any person suspected of possibly passing on alcohol to underage persons. Any person suspected of being under 25 years of age will be required to produce satisfactory evidence of age. Unless satisfactory evidence of age is produced there will be no sale of alcohol to that person. Satisfactory evidence of age will include passport, photo driving licence or Validate UK PASS logo cards. Age assessment using Challenge 25 to be conducted on arrival by SIA Stewards and implemented by bar staff.