Mandatory Conditions
All Premises Licence authorising supply of alcohol
The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.
1. No supply of alcohol may be made under the 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.
2. Every supply of alcohol under the Premises Licence must be made, or authorised by a person who holds a Personal Licence.
3. (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).
4. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
5. (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 licences 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.
6. The responsible person shall 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; and
(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.
Minimum Drinks Pricing
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 + (DxV)
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 the 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.
If the Premises Licence has conditions in respect of Door Supervision
[except theatres, cinemas, bingo halls and casinos]
1. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:
(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
(b) be entitled to carry out that activity by virtue of section 4 of the Act.
2. But nothing in subsection (1) requires such a condition to be imposed:
(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c12) (premises with premises licences authorising plays or films); or
(b) in respect of premises in relation to:
(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or
(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act.
3. For the purposes of this section:
(a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and, which is licensable conduct for the purposes of that Act, (see Section 3(2) of that Act) and
(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
Annex 2 Conditions consistent with operating schedule
The Prevention of Crime and Disorder
1. The Premises Licence only permits one event per calendar year to take place on the premises.
2. The licence holder shall ensure that date of the event will be notified to Rotherham Police Licensing Department and Rotherham licensing authority at least three months prior to the event taking place.
3. The licence holder or a nominated deputy (in writing) must be on the licensed premises and available to the Responsible Authorities and the Licensing Authority at all times when Licensable activities are taking place.
4. The licence holder shall ensure that details of the Premises Licence Holder or his deputy who is on duty on the premises when licensable activities are undertaken shall be recorded at the time. These records shall be made available to the Licensing Authority or a Responsible Authority on demand. Such record shall be kept for a period of 12 months after the end of licensable activities.
5. The licence holder shall ensure the draft of the Event Management Plan (EMP) will be produced no less than 3 months prior to the event each year and will be submitted to all responsible authorities who will determine whether that draft EMP is acceptable or unacceptable within one calendar month of receipt. Where notification is not received the draft EMP shall be deemed by the Premise Licence Holder to be agreed. The event shall not take place until the EMP has been agreed by all responsible authorities. Once agreed no change shall be made to the draft EMP without the agreement of all responsible authorities.
6. The licence holder shall ensure that the EMP will be a working document providing details of how the event is to be conducted and how safety issues identified in the risk assessment are to be addressed. The EMP will include an event risk assessment and provide specific details in the following areas in so far as they relate to the following list which is not exhaustive:
Health and Safety Responsibilities
Venue and Site Design
Fire Safety
Major Incident Planning (Emergency planning)
Communication
Crowd Management (including steward and security numbers and their roles)
Transport
Management Structures
Barriers
Electrical Installations and Lighting
Food and Alcohol
Water
Merchandising and Special Licensing
Amusements,
Attractions and Promotional displays
Sanitary Facilities
Waste Management
Sound: Noise and Vibration
Special Effects, Fireworks and Pyrotechnics
Camping
Facilities for People with disabilities
Medical, Ambulance and First Aid Management
Information and Welfare
Children - including Lost Children's Policy
Performers
TV and Media
7. The licence holder shall ensure that an incident log shall be kept at the premises, and made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or Police, which must record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received
(d) any incidents of disorder
(e) seizures of drugs or offensive weapons
(f) any faults in the CCTV system or searching equipment or scanning
equipment
(h) any visit by a relevant authority or emergency services
8. The licence holder shall ensure the use of SIA ACS registered security is adopted for all events. Details of persons used including name date of birth and SIA reference number shall be recorded in a log and kept for a period of no less than 6 months
9. The licence holder shall ensure that all drinks are provided in plastic vessels.
10. The licence holder shall ensure that there is a zero tolerance to drugs policy at the premises and there shall be a suitable secure drop box for any illegal substances or items confiscated from customers. Seized items will be handed to South Yorkshire Police as soon as practicable.
11. The licence holder shall ensure steps are taken to ensure the safeguarding of visitors during the event.
12. The licence holder shall ensure that security will be on site continuously throughout the event.
13. The licence holder shall ensure that a Traffic Management Plan (TMP) will be drawn up for the event each year and will be provided to relevant agencies no later than 3 months prior to the event.The TMP will cover all aspects of vehicle and pedestrian access to and egress from the site during the ' load in and load out as well as for the event itself. The TMP will include arrangements for vehicle routes, emergency service routes, public transport, shuttle buses, taxis, pedestrian issues, a dispersal policy, car parking and a traffic signage plan.
14. The licence holder shall ensure that no unaccompanied person under the age of 16 years shall be permitted on the Licensed Premises. Persons accompanying must be a responsible adult over 18 years old.
15. The licence holder shall ensure that the premises shall have an age verification policy and adopt Challenge 25 within that policy. Such policy shall be written down and kept at the premises. The policy shall be produced on demand of the Licensing Authority or South Yorkshire Police. Prominent, clear and legible signage (in not less than 32 font bold) shall also be displayed at all entrances to the premises as well as at, at least once every 5 metres behind any bar advertising the scheme operated.
16. The licence holder shall ensure that any persons who are found arriving at or on the Licensed Premises with alcohol which is not purchased from the premises will have the alcohol confiscated by security. No customer shall be permitted to take alcohol from the premises.
17. The licence holder shall ensure that a risk assessment and other event specific information including stewarding and policing proposals will be discussed at event planning meetings between the licensee (or representatives) and responsible authorities where appropriate.
18. The licence holder shall ensure that the Challenge 25 scheme must operate at the premises including a refusals log, signage and the maintenance of staff training records.
19. The licence holder shall ensure that a copy of the South Yorkshire Police Violent Incident Protocol to be displayed within the premises, in sight of staff. This protocol should also form part of staff training and training records to reflect such input.
20. The licence holder shall ensure that clear and conspicuous notices warning of potential criminal activity such as theft that may target visitors are displayed in prominent places. The licence holder shall also ensure boundary fencing with controlled access points. The licence holder shall ensure that clear and legible notices shall be displayed at all exits requesting that the public respect the needs of local residents and to leave the area quietly.
21. The licence holder shall ensure that they establish a Crime Prevention Policy to include:
no sales of alcohol to drunk or intoxicated customers
Prevention and vigilance of illegal substances by way of bag checks and screening at entry stage
All persons under the age of 16 must be accompanied by an adult over 21
Refuse entry to any persons considered under the influence of drink or drugs
Remove any persons considered to be under the influence of drink or drugs or acting in an antisocial manner
22. The licence holder shall ensure they establish and document the procedure outlining:
Actions to take following an incident.
Monitoring Alerts
Post incident Review
Protection of infrastructure and equipment
Ensuring compliance
23. The licence holder shall ensure that clear objectives are also set for:
The best protection at all times for staff, children and visitors.
The protection of the property from malicious acts of damage or trespass.
The protection of company and visitor assets from fraud, theft, or damage.
Suitable advice with regard to the protection of personal property of staff and visitors whilst on the premises.
That effective and realistic improvements are made to security service provision.
Effective communication mechanisms for reporting crime and suspicious activity.
Include awareness to all staff via Crime Prevention Training.
Monitor and control access and egress of all staff and visitors.
Provide adequate lighting and provide secure vehicle parking.
Ensure robust mechanisms are in place to count and control visitor numbers through web ticket sales and clickers.
Encourage staff and visitors to report all incidents and suspicious behaviours as soon as practicable to: The Site Supervisor, The Site Management Team, Security and where applicable the Police.
That engaging with Contractors and Suppliers is carried out to ensure they are made aware of Company Policies and the requirements for compliance.
The Prevention of public nuisance:
24. The licence holder shall ensure that they employ a suitably qualified and experienced Noise Consultant agreed by the Licensing Authority, to carry out a survey (and produce a report for submission) to determine the background noise levels at noise sensitive locations/premises to be agreed with the Licensing Authority. Noise monitoring/surveying points shall include, but not be limited to the 7 areas identified in red on the attached Plans 1-5 -‘Noise Monitoring/Surveying Locations’. Background noise surveys shall also be carried out as above for future events at the request of the Licensing Authority.
Note: Background Noise Level shall be defined as ‘The prevailing sound level at a location, measured in terms of the LA90, T, on an equivalent day and at an equivalent time when no concert or sound checks are taking place.’
25. The Music Noise Level (MNL) measured as LAeq, shall not at any noise sensitive premises exceed the background noise level by more than 15dB(A) over a 15 minute period throughout the duration of the event.
26. The licence shall ensure that during the event, noise monitoring will be carried out at noise monitoring/surveying points agreed with the licensing authority at regular intervals throughout periods of regulated entertainment. Details of planned monitoring should be provided as part of the Event Management Plan.
A record of all noise monitoring undertaken shall be made. This is to include details of the responsible person undertaking the assessment, dates and times of visits, locations, details of noise levels witnessed and if necessary, what action has been taken to mitigate any breach of maximum noise levels. The records shall be made immediately available to the Licensing Authority upon request.
27. The licence holder shall ensure that at the request of the Licensing Authority, a suitably qualified and experienced Noise Consultant shall be employed to monitor compliance with licensing conditions and undertaken noise monitoring (as per condition 25 and 26 above) for the duration of the event. The Consultant to be utilised should be agreed with the Licensing Authority at least 2 weeks prior to the event.
28. The licence holder, or a responsible person nominated by them in writing, shall receive and respond to complaints throughout the duration of all licensable activities. A telephone contact number shall be published using appropriate media outlets prior to the event for this purpose. Any complaints received shall be recorded and the records made available to the local authority upon request. Such records shall be retained for a minimum of 2 years.
29. The licence holder shall ensure that litter and refuse generated must be contained within the boundaries of the site and regularly cleared. The Premises Licence Holder shall ensure that adequate measures are in place to remove litter or waste arising from the event and the site shall be left in a clean condition following completion.
30. The licence holder shall ensure that an adequate number of suitable, receptacles shall be provided to receive and store refuse produced during the event prior to its disposal.
31. The licence holder shall ensure that no lighting installed on the premises shall cause a public nuisance.
32. The licence holder shall ensure the implementation and maintenance of an Environmental Management System that meets the requirements of ISO14001:2015.
33. The licence holder shall ensure they populate an Environmental Aspects and Impacts register and carry out robust Environmental Impact assessments to mitigate impacts on the environmental and those that cause public nuisance.
34. The licence holder shall ensure that noise reduction measures to address the public nuisance objective in full review and communication if HSG260 control of noise in entertainment to all staff.
35. The licence holder shall ensure that any speakers will be positioned and screened in such a way as to not cause a disturbance to local residents with regular noise monitoring taking place.
36. The licence holder shall ensure a robust traffic management system shall be implemented and adhered to.
37. The licence holder shall ensure deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.
38. The licence holder shall ensure that staff who arrive early morning or depart late at night when organised activities have ceased shall conduct themselves in such a manner to avoid causing disturbance to nearby residents.
39. The licence holder shall ensure that customers shall not be admitted to premises outside opening hours.
40. The licence holder shall ensure the removal of waste and transfer shall be carried out between the hours of 08.00 and 17.00 only.
41. The licence holder shall ensure that careful planning is carried out with a robust Site Waste Management Plan established and adequate waste receptacles for use by customers will be provided at key points within the premises.
42. The licence holder shall ensure compliance to all applicable Environmental legislation including Environmental Protection Act 1990 and Town and Country Planning Act 1990.
Public Safety
43. The licence holder shall ensure that full review and communication to all staff of the guidelines set out within HSG154 Managing Crowds Safely.
44. The licence holder shall ensure that adequate internal and external lighting is fixed at the premises.
45. The licence holder shall ensure that staff are well trained with comprehensive awareness of environmental health requirements. All staff with undergo an induction process to ensure adequate information, instruction, and training is communicated and understood.
46. The licence holder shall ensure the training for all staff and the implementation of underage sales identification checks.
47. The licence holder shall ensure that a log book or recording system shall be kept at the premises in which shall be entered particulars of any inspections made. The log book shall be kept available for inspection when required by persons authorised by Licensing Act 2003 or associated legislation.
48. The licence holder shall ensure that no entry to the premises is permitted without the required documentation including electronic documentation.
49. The licence holder shall ensure that all parts of the premises and all temporary works, fittings and apparatus, equipment and all infrastructure therein will be maintained at all times in good order and in a safe condition. All electrical equipment will be supported by thorough inspections and where required, fixed wire electrical test certificates. All portable appliances will be subject to a portable appliance test (PAT) and register established. Any structures will be erected and dismantled by competent and qualified personnel and a comprehensive construction phase health and safety plan will be established to meet the requirements of CDM Regulations 2015.
50. The licence holder shall ensure that adequate welfare arrangements and safe conditions will be established.
51. The licence holder shall ensure that clear and informative information will be provided to all visitors and adequate safety signage is installed.
52. The licence holder shall ensure that vehicle and pedestrian segregation systems will be in established at the premises.
53. The licence holder shall ensure that secure site boundaries are maintained with controlled and monitored access/egress points.
54. The licence holder shall ensure that adequate First Aid arrangements are provided by trained and experienced personnel.
55. The licence holder shall ensure that documented Risk Assessment Processes with robust control mechanisms are in place to mitigate any possible risk to public safety.
56. The licence holder shall ensure that they obtain competent Health and Safety advice.
57. The licence holder shall ensure that Emergency Preparedness Systems have been established and tested.
58. The licence holder shall ensure that the existing Management System is reviewed and monitored to ensure full compliance with legislation and ensure Risk Assessment controls are effective.
The Protection of Children from Harm
59. The licence holder shall ensure challenge 25 is in operation at the premises.
60. The licence holder shall ensure that well trained and competent staff with clear understanding of the requirements set out within the Child Protection Risk Assessment.
61. The licence holder shall ensure that all staff are aware that harm to a child or young person under 18 includes: Physical, emotional, sexual, neglect.
69. The licence holder shall ensure that they implement adequate reporting mechanism for all staff to raise concerns about the safety of a child immediately to the site management team and security.
62. The licence holder shall ensure any details of incidents are recorded on a designated Festival’s Reporting Concerns Form.
63. The licence holder shall ensure confidentiality via a designated Data Protection Policy to ensure as few people as possible who needs to know; A log book is to be kept on the premises at all times.
64. The licence holder shall ensure that s secure boundary in maintained with controlled access / egress points.
65. The licence holder shall ensure that competent and additional ACS Registered Security.
66. The licence holder shall ensure that they provide secure facilities for children’s entertainment by qualified staff who are trained in identifying and reporting issues that could affect the safety of children.
Annex 3 Conditions attached after a Hearing of Licensing Authority
(a) a maximum of 500 persons/visitors at the organised event, which can only be varied by agreement with representatives of the appropriate responsible authorities.
(b) within a period of twenty-one days after the ending of the organised event, the applicant shall attend a meeting with representatives of the appropriate responsible authorities in order to provide a de-briefing in relation to how the event went on request.
Annex 4 Plans
Rural Land Register Map SBI-106560980