ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 Alcohol shall not be sold or supplied:
(a) At any time when there is no designated premises supervisor in respect of the premises licence, or
(b) At any time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended
1.2 Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
1.3 Where one or more individuals are being used at the licensed premises to carry out a security activity, each such individual must be licensed by the Security Industry Authority (unless where the individual is exempt from obtaining an SIA registration under the Private Security Industry Act 2001).
1.4 The admission of children to the exhibition of any film shall be restricted in accordance with the film classification awarded by the British Board of Film Classification (BBFC), or any successor person or persons designated as the authority under section 4 of the Video Recordings Act 1984.
1.5 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.
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).
1.6 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.7 (a) 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.
(b) 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.
(c) 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 -
(i) a holographic mark, or
(ii) an ultraviolet feature.
1.8 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.
1.9 The relevant person (the holder of the premises licence, the designated premises supervisor (if any) in respect of such a licence, the personal licence holder who makes or authorises a supply of alcohol under such a licence, or any member or officer of a club present on the premises in a capacity which enables the member or officer to prevent the supply in question) 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.
For the purposes of this condition “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979, “permitted price” is the price found by applying the formula -
P = D + (D x V)
where - (i) P is the permitted price, (ii) D is the rate 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;
[“value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994]
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
The following conditions in Annex 2 are conditions consistent with the operating schedule submitted by the applicant within the application:
2.1 The capacity for any event involving a licensable activity - including attendees, staff, performers, stallholders and contractors - shall not exceed 19,999 persons at any one time.
2.2 There shall be not more than 50 (fifty) event days * involving one or more licensable activity across the whole licensed site in any one calendar year. For the avoidance of doubt this restriction shall not apply to normal day-to-day operation involving licensable activities, including restaurant and shop uses.
* For the avoidance of doubt an event starting prior to midnight and finishing after midnight would count as 2 (two) event days for these purposes.
2.3 Within the 50 (fifty) event day limitation of the premises licence:
(i) There shall be not more than 6 (six) event days* per calendar annum where outdoor areas of the site shall be used for an event involving a licensable activity likely or intended to attract between 10,000 and 19,999 persons at any one time. This may include large scale promoted events such as food and music festivals held over more than one day.
(ii) There shall be not more than 14 (fourteen) event days* per calendar annum where outdoor areas of the site shall be used for an event involving a licensable activity likely or intended to attract between 4,999 and 9,999 persons at any one time. This may include food and music festivals, larger showcasing/produce events or chef demonstrations.
(iii) There shall be not more than 30 (thirty) event days* - or the remainder up to a total of 50 event days where the above allocations (i) or (ii) are not used - per calendar annum where outdoor areas of the site shall be used for an event involving a licensable activity likely or intended to attract up to 4,999 persons at any one time. This may include wedding receptions and farm management approved functions, beer festivals, samplings and smaller demonstrations, farmer markets etc.
2.4 The premises licence holder shall maintain a legible record of all event days used, including event capacity and other particulars, and records shall be counter-signed by the DPS (designated premises supervisor) or other responsible person as nominated by the premises licence holder. These records shall be retained for a minimum period of 2 (two years) and shall be made available to an authorised officer of the Licensing Authority or Police upon request.
2.5 Areas of the premises used for various licensable activities, and the consumption of alcohol, shall be restricted in accordance with the plans submitted with the licence application. Any separate planning controls shall also be observed.
2.6 For all public outdoor events involving a licensable activity for 500 persons or more, the premises licence holder shall create and implement an Event Management Plan (EMP) to promote the licensing objectives. For events likely to attract 4,999 persons or more at any one time, the premises licence holder’s EMP and up to date site plans shall be sent by the premises licence holder to the Licensing Authority and all Responsible Authorities no later than 21 (twenty-one) days prior to the first day of the event. Any proposed revisions to the EMP shall be notified in writing with the relevant Responsible Authority and Licensing Authority before the master EMP is updated - which shall be as soon as reasonably practicable following the revision. The premises licence, event management plan and risk assessments shall be kept with all other event documentation in the event control for the duration of the relevant event and this location shall be clearly identified on the site plan. An up to date event site plan shall be retained with the EMP at all times.
2.7 The premises licence holder shall ensure that a robust hiring process and agreement is in place for third party function or wedding-related hiring requests to include licensable activities, so as to ensure promotion of the licensing objectives. For non-regular licensable events or activities where the farm management are not directly involved or managing the event (for example new or diversifying events including site hiring outdoor events managed by third parties), the event organiser shall be required to seek their own separate time-limited premises licence or temporary event notices (where appropriate).
2.8 For events involving licensable activities, the premises licence holder shall conduct a suitable and sufficient risk assessment, in consultation with the provider of the personnel, to ensure that adequate numbers of security operatives and competent stewards are deployed on site - commensurate with the nature and scale of the event.
2.9 For outdoor events including the use of marquees at any time, all alcoholic drinks shall be decanted to plastic or toughened glass vessels before being served. Alcoholic beverages shall not be available to customers in glassware or glass bottles. Campers and other event attendees bringing their own food and beverages onto the site shall be advised to not litter the site or leave glass or bottles unattended in public areas.
2.10 Staff shall receive suitable briefing and training, including refresher training at least once every six months, in relation to promotion of the licensing objectives. Such training shall include licensing offences, social responsibility in respect of alcohol sales and the premises licence holder’s policies and practices. All training shall be recorded and details made available upon request to an authorised officer of the Licensing Authority or Police.
2.11 Attendees acting in a drunk, disorderly or anti-social manner shall be ejected from the site and afforded assistance by the event staff to ensure safe departure (for example via taxi) or handover from the site. Serious matters/incidents shall be reported to the Police immediately.
2.12 An incident book(s)/refusals book shall be kept and maintained on the premises at all times. The book(s) shall detail all incidents of injury/ejection/refusals/drug misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author and produced to Police or an authorised officer of the Licensing Authority upon demand. In the case of refusals register, there shall be one at each bar area, or any other area utilised for the supply of alcohol.
2.13 The Premises Licence Holder shall ensure that the incident book shall be kept at the premises for a minimum period of six months from the final entry date. The book shall be kept in accordance with data retention principles, and shall record the following matters:
All crimes reported to the venue, or by the venue to the police;
All refusals of admission and ejections of patrons;
Any complaints received;
Any incidents of disorder;
Seizures of drugs, offensive weapons, fraudulent ID or other items;
Any refusal of the sale of alcohol; and
Any visit by a relevant authority or emergency service.
2.14 A two-way radio and communications system shall be utilised amongst all key staff connected with the management of an event including the stewards, security and first aid personnel.
2.15 The premises licence holder shall ensure that a competent designated event safety officer is on duty for the duration event, with that individual tasked to co-ordinate any emergency response required in the event of a public safety incident.
2.16 The premises licence holder shall ensure that traffic is adequately managed, signed and directed - by suitably briefed, qualified and accredited personnel - so as to ensure the safe access and egress of vehicles at the site.
2.17 All exit routes from the event/performance site shall be clearly signed, with exits kept unobstructed.
2.18 The premises licence holder shall ensure that adequate arrangements exist for the safe evacuation of attendees, including any disabled persons on the licensed site, in the event of an emergency situation. Persons on the site for regulated activity shall be made aware of evacuation procedures by the premises licence holder.
2.19 The premises licence holder shall ensure that all staff attend an event and site briefing within 7 (seven) days of the commencement of a licensable outdoor event to ensure promotion of the licensing objectives. The briefing shall cover matters including the prevention of drunk and disorderly behaviour, evacuation plans, location of first aid/medical/fire-fighting provision and event programme and timings.
2.20 All staff shall be readily identifiable to the public attending the event by means of branded and/or high visibility apparel.
2.21 The premises licence holder shall operate a wristband system for ticketed outdoor event attendees.
2.22 Clear signage shall be displayed and maintained on the licensed premises for the duration of the event alerting attendees to matters pertinent to ensuring public safety.
2.23 Suitable and sufficient provision of first aid/medical cover shall be maintained for the duration of the event in accordance with the premises licence holder’s risk assessment and plan, in consultation with the medical provider for the event.
2.24 Car parking attendants and stewarding shall be deployed for the duration of the event, all of which shall be clearly identifiable to the public via uniform.
2.25 Suitable and sufficient fire extinguishers, blankets and other fire-fighting equipment shall be deployed around the site, including camping areas, for the duration of any event. The locations of fire-fighting equipment shall be marked on the site plan for the event and signposted on site.
2.26 Full site and event risk assessments shall be conducted in a suitable and sufficient manner to promote public safety prior to the admission of the public to the event, and shall be ongoing throughout licensable activities. This shall include a full risk assessment of temporary demountable structures (staging, marquees etc.) which shall be erected, inspected and demounted by suitably competent and qualified personnel.
2.27 An identified taxi and private hire drop-off/pick-up point shall be in place for the duration of any event and suitably promoted in the event literature/promotional material. Signage shall be displayed and maintained alerting the public to local licensed taxi and private hire contact details, together with a reminder to avoid drinking and driving.
2.28 The premises licence holder shall create and implement an Event Management Plan (EMP) for each event involving licensable activities which are likely to attract an attendance of 500 or more persons. As a minimum this shall include the following aspects of the event:
Nature of the event and range of licensable activities intended
A site plan delineating the contained area of licensable activities and of car parking
Event open timings and set up and build down programme
Expected attendance numbers
Traffic and parking control
Marshalls, stewards, security or crew numbers
Child safety and protection measures
Temporary structures and equipment
Compliance with the Licensing Act 2003 and promotion of the licensing objectives
Catering facilities and hygiene
Toilets and first aid facilities/ medical provision
Litter and waste disposal arrangements
Expected noise levels and times
Fire and health and safety risk assessments
Emergency vehicle access and site evacuation plans
2.29 To promote public safety and the prevention of public nuisance, the premises licence holder shall prohibit the use of all airborne launched lanterns, latex balloons and similar free-floating devices containing a naked flame, fuel cell, helium gas or similar elevation mechanism - whether the device is specified as bio-degradable or otherwise. Such lanterns or devices are commonly known as Chinese Lanterns, Sky Lanterns, Flying Lanterns, Glowing Lanterns, Night Sky Lanterns, and Kongming Lanterns or similar. For the avoidance of any doubt static, fixed, hanging or waterborne ornamental or decorational lanterns, balloons or similar devices are not explicitly prohibited by this condition and consideration of such matters shall be for the event organiser’s own risk assessment.
2.30 A licensable activity outdoors shall only be permitted if Pannington Hall, Pannington Hall Lane, Wherstead IP9 2AR is either (i) uninhabited; or (ii) occupied as a dwellinghouse by a director or employee of the company which is the Premises Licence Holder; or (iii) lawfully used for purposes other than a dwellinghouse and is either under the ownership or direct control of the Premises Licence Holder.
2.31 The following noise control limits shall be complied with for licensable events:
(a) Between 12:00hrs and 23:00hrs the Music Noise Level shall not exceed 53dB(A) (LAeq 15mins) as measured at 1m from the façade of any noise sensitive premises;
(b) Between 12:00hrs and 23:00hrs the Leq (15mins) sound level shall not exceed 70dB in either the 63Hz or 125Hz octave frequency bands as measured at 1m from the façade of any noise sensitive premises;
(c) The Music Noise Level at the front of house consoles shall in any case not exceed 98dB (LAeq 15 mins) and the Maximum Sound Pressure Level (LMax) at any point in an audience shall not exceed 140dB.
In Conditions above, the term “Music Noise Level” shall be as defined in the “Code of Practice on Environmental Noise Control at Concerts”, The Noise Council, 1995.
2.32 Noise propagation tests (sound checks) shall not be undertaken after 22:00hrs or before 10:00hrs. The noise limits specified above (in condition 2.31) shall be adhered to during any noise or sound checks.
2.33 The Premises License Holder shall ensure that members of the audience are not allowed within 2 meters of any loudspeaker.
2.34 The Premises Licence Holder or a nominated person authorised to act in the name of the Premises Licence Holder shall be on site for the duration of the event and be available to control all music sound levels.
2.35 At least 3 days prior to the commencement of an outdoor licensable event, the Premises Licence Holder shall provide the Licensing Authority with:
(a) A telephone number for their nominated representative(s);
(b) A telephone number which may be given to members of the public wishing to complain directly to, or otherwise contact, the Premises Licence Holder.
2.36 The telephone numbers shall be continuously manned during the licensed operating hours of the event.
2.37 The Premises Licence Holder shall take all reasonable steps to ensure that noise levels from all of the activities taking place during the event are controlled to ensure compliance with the conditions relating to noise control.
2.38 Perimeter sound checks shall be undertaken hourly during event opening times.
2.39 Clearly legible and suitable notices shall be displayed and maintained at the event exits, requesting customers to respect the needs of local residents and to leave the premises and area quietly. Sufficient staff shall be available at the main event exits after 23:00hrs, to ensure that customers disperse quietly.
2.40 The Music Noise Level or sound configuration of amplified music shall be turned down or adjusted at the direct request (either in person or over the telephone) of an authorised officer of the Licensing Authority or Police providing that the noise levels exceed any of the limits specified in Condition above.
2.41 Notices shall be prominently displayed and maintained on the licensed premises asking patrons to leave the premises and the area quietly.
2.42 The car park shall be adequately illuminated during the hours of darkness whilst licensable activities are taking place on the licensed premises. Lighting and emergency lighting shall be installed and maintained so as to ensure that good levels of visibility are maintained whilst the premises are being used for licensable activities.
2.43 For the restaurant/farm shop/field kitchen/herb garden area use and activity:
(a) There shall be no outdoor amplified music. The playing of unamplified music outdoors shall only be permitted in these areas, as delineated on the plan attached as Annex 4, and shall only be permitted between 12:00hrs and 19:00hrs.
(b) All external doors and windows to the Barn shall be kept shut during licensable activities save to permit access to and egress from the Barn. All external doors to the barn shall be fitted with self-closing devices.
(c) An electronic noise limiter of a type agreed with the Environmental Protection Team of the Licensing Authority shall be fitted within the Barn. The main control unit of the noise limiter (or a remote indicator and remote sound pickup microphone) shall be located in any area for dancing at a location to be agreed with the Licensing Authority.
(d) The noise limiter shall be wired to the Mains electricity supply to the amplifier(s) that is/are to be used in the licensable activity with the object and intent that the amplifier(s) shall be disabled in the event that the relevant noise levels are exceeded. The trigger level for the noise limiter shall be set at a level to be agreed in writing with the Environmental Protection Team. The noise limiter shall be used at all times during a licensable activity. Once the limit has been set, the noise limiter shall be secured with a tamper-proof seal with a unique identification reference number. The Premises Licence Holder shall maintain a log book to record the date and time of all occasions when the tamper-proof seal is broken, by whom, the reason, and the unique reference number of the replacement seal(s). The log book records shall be retained on the licensed premises for a minimum of 2 years and shall be made available for inspection immediately upon the request of an authorised officer of the Licensing Authority.
(e) In the event that the Environmental Protection Department recommends that any works be undertaken to the Barn to further improve the soundproofing, then a noise monitoring trial shall be undertaken following completion of the works.
2.44 During operating hours on days on which a licensable activity is held, the Premises Licence Holder, the Designated Premises Supervisor (DPS) or other responsible person nominated by the DPS shall be available to receive and respond to nuisance-related complaints. A contact number shall be readily available for that purpose. The volume or sound configuration of amplified music shall be turned down or adjusted upon the reasonable request (either in person or over the telephone) of an authorised officer of the Licensing Authority.
2.45 Vehicles leaving the licensed premises after 17:00hrs on Monday to Saturday and 16:00hrs on Sunday shall be directed to depart via the exit route shown on the plan submitted with the licence application.
2.46 The premises licence holder shall adopt a ‘Challenge 21’ proof of age scheme. The premises licence holder shall operate a requirement for the production of a passport, driving licence or other bona fide form of identity carrying a photographic image, where the individual requesting the supply of alcohol appears to be under the age of 21.
2.47 Children shall not be permitted in any area of the licensed premises or site during licensed activities or events unless they are accompanied by an adult.
2.48 The premises licence holder shall operate a suitable and sufficient child protection and welfare policy, including within individual event management plans, and this shall incorporate a clear and well communicated protocol for dealing with lost children and checking/vetting of any person given a role involving the care, supervision or welfare of children.
2.49 For outdoor events a designated ‘lost children’ point shall be identified and communicated/signed.
2.50 There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not applicable.
ANNEX 4 - PLANS
Further plans shall be submitted with individual Event Management Plans as required by conditions 2.6 and 2.28 of premises licence BPL0339-012870.