Agenda item

Report of the Corporate Director Environment.

The Corporate Director Environment submitted a report to provide members of the Licensing Committee with information to assist them at a hearing to determine an application submitted under section 17 of the Licensing Act 2003 by E A Wallace Ltd for a new premises licence in respect of Valiants Farm, Lancaster Road, Out Rawcliffe, PR3 6BL.

 

The Chair deferred the meeting for 30 minutes to allow Environmental Health and residents to read any additional information.

 

The Senior Licensing Officer introduced the report. He explained that the application as submitted was for the applicant to be authorised to provide the following licensable activities:

 

Sale of alcohol for consumption on and off the premises, between 10:00 and 22:00 Sunday to Wednesday and between 10:00 and 23:00 Thursday to Saturday. 

 

Live and recorded amplified music (both indoors and outdoors) between 10:00 and 22:00 Sunday to Wednesday and between 10:00 and 23:00 Thursday to Saturday.

 

Plays, films, performances of dance, performances similar to live or recorded music (both indoors and outdoors) between 10:00 and 22:00 Sunday to Wednesday and between 10:00 and 23:00 Thursday to Saturday.

 

The applicant also wished to be able to open to the public between 10:00 and 23:00 Sunday to Wednesday and between 10:00 and 00:00 Thursday to Saturday.

 

The matter was before the Committee because there were 71 outstanding representations which related primarily to noise nuisance and anti-social behaviour associated with activities on the site and the public travelling to and from the venue.

 

Of the responsible authorities,the Police had objected to the granting of this application and had not taken steps to attempt mediation with the applicant. Environmental Heath had originally objected to this application but had since   been in negotiations with the applicant and agreed a number of conditions with the applicant in order to mitigate their concerns about public nuisance. Lancashire County Council Trading Standards had made no objection to the application.

 

Duncan Craig, Counsel, explained that a site visit had taken place on the day before the hearing to enable members to view the site with the applicant, officers and legal representatives present. Residents asked questions in relation to the site visit.

 

The applicant was represented by Gerald Gouriet KC, and accompanied by Malcolm Ireland, Adrian Coombes, Robert Miller and Gemma Wheatley. The applicant’s Counsel Gerald Gouriet spoke on his behalf addressing previous events, proposed licence conditions and issues that arose on the site visit. He proposed an additional condition that, free onsite parking would be provided to attendees of any events operating under the authority of the premises licence. He invited Adrian Coombes to explain how an Event Safety Management Plan would work in relation to this application.

 

The applicant and his representatives then answered questions from members of the Committee, Environmental Health, the Police and those ‘Other Persons’  who had made representations.

 

The Chair paused the meeting for lunch.

 

Councillor Minto left the meeting and did not take part in the decision making.

 

Amanda Usher, solicitor on behalf of Environmental Health, confirmed that Environmental Health’s conditions had now been agreed. She explained that Environmental Health had concerns about the application and the site itself but had tried to work with the applicant to agree on a position that worked for all parties and one which protected the local residents in relation to matters of noise and public safety.

 

Environmental Health then answered a question from a member of the Committee.

 

Sergeant Nat Cox, of the Police, explained that his original objection was in relation to the two previous events that took place in 2021 and questioned how the applicant could ensure that the issues which took place at those previous events did not happen again at future events. In view of what had been said at the committee and the applicant’s agreement to the additional conditions proposed and agreed with Environmental Health, he confirmed that Lancashire Constabulary were no longer objecting to the Application.

 

Sergeant Nat Cox then answered questions from members of the Committee and some of those who had made representations.

 

The Council’s constitution stated that, if any meeting has lasted for 4 hours, a vote must take place for it to continue. It was proposed by the Chair, seconded by the Vice-Chair, to continue the meeting. It was resolved to continue the meeting.

 

The Chair then invited those ‘Other Persons’ who had made a representation to speak.

 

Peter Bull (Chair of Little Eccleston with Larbreck Parish Council), Paul Hayhurst (Fylde Council), Michelle Hornby, Glyn Stead (Vice-Chair of Little Eccleston with Larbreck Parish Council), Jane King, Dianne Andrews (Out Rawcliffe Parish Council), Councillor Lynne Bowen, Dominic Kelly and Alison Metcalf (Chair of Out Rawcliffe Parish Council) articulated their concerns over noise disturbance, road safety, traffic management, safety of local residents, anti-social behaviour, location, CCTV and car parking.

 

Members of the Committee and some of those ‘Other Persons’ who had made representations asked the applicant and his team questions.

 

The Chair paused the meeting for a break.

 

Environmental Health, the Police, those ‘Other Persons’ who had made representations and the applicant’s legal representative were each then invited to sum up their cases.

 

The Committee, Legal officers and Democratic Services officers left the hall to consider the application in private.

 

In reaching their decision, the Committee had regard to all of the information that had been presented to the Committee and the following:

 

1.     The Licensing Act 2003 (‘the Act’);

2.     The Council’s own Statement of Licensing Policy 2021-2026 (‘the Policy’) in particular the following sections: 9.3 Conditions imposed at a hearing 13.1 Prevention of crime and disorder 13.3 Prevention of public nuisance 17 Need for licensed premises;

3.     The Revised Guidance (the Guidance’) issued by the Secretary of State under s182 of the Act 2003 (dated August 2023) in particular the following sections: 1.16, 9.3, 9.4, 9.12, 9.26-9.30, 9.37-9.40, 9.42-9.44 and 10.8-10.10;

4.     Human Rights Act 1998;

5.     Equality Act 2010;

6.     all the representations

 

After the Committee had deliberated and reached a decision, they returned to the hall and the Chair delivered the decision and the reasons for it as below.

 

Decision

 

The Committee decided to grant a premises licence for the following licensable activities:

 

Sale of alcohol for consumption on and off the premises, between 10:00 and 22:00 Sunday to Wednesday and between 10:00 and 23:00 Thursday to Saturday.

 

Live and recorded amplified music (both indoors and outdoors) between 10:00 and 22:00 Sunday to Wednesday and between 10:00 and 23:00 Thursday to Saturday.

 

Plays, films, performances of dance, performances similar to live or recorded music (both indoors and outdoors) between 10:00 and 22:00 Sunday to Wednesday and between 10:00 and 23:00 Thursday to Saturday.

 

The applicant also wished to be able to open to the public between 10:00 and 23:00 Sunday to Wednesday and between 10:00 and 00:00 Thursday to Saturday.

 

Further;

 

·       The Committee decided to grant the licence with a reduction in the number of events of up to three days a year for over 1,000 attendees being restricted to two per annum from the three applied for.

 

·       In addition to the applicant’s operating schedule, the condition offered at the hearing by the applicant in relation to free parking and the conditions agreed with the environmental health authority, the Committee decided to modify some of the foregoing conditions and add further conditions to the granted premises licence in order to further promote the licensing objectives.

 

The full conditions on the granted licence are set out in the schedule below which will be added to the premises licence along with the mandatory conditions required to be contained as a matter of law.

 

 

Reasons for the Decision

 

 

·       The Committee noted that the Environmental Health Authority had agreed a number of conditions with the applicant and no longer objected to this application; the Committee reminded themselves of section 9.12 of the Guidance when considering this agreement.

 

·       The Committee noted that Lancashire Constabulary no longer objected to the Application, and they had taken the remaining concerns of that Responsible Authority into account when considering what conditions were appropriate for the promotion of the licensing objectives. In respect of this Responsible Authority’s position at the hearing, the Committee again reminded themselves of section 9.12 of the Guidance when considering this.

 

·       The Committee listened carefully to the written and verbal concerns raised in the representations of ‘Other Persons’ who had objected to this application but decided that those concerns, where relevant to the promotion of the licensing objectives, could be sufficiently mitigated by placing further restrictions on the granted licence and reducing the number of events of over 1,000 attendees. The Committee had regard to the quiet, rural setting of the premises and to the resident’s concerns about noise and disturbance to them when arriving at this decision.

 

·       The Committee was satisfied that a number of the issues raised by residents fell outside the licensing regime and related to planning or highways matters and therefore were not considered as part of this application. 

 

·       The Committee took considerable comfort from the requirement for each event to involve engagement with WYSAG and modified the associated condition to make this clear. The Committee did consider adding further conditions in relation to WYSAG but considered that they were not sufficiently enforceable and took great comfort in the undertaking of the applicant’s legal representative that to proceed with any event against the wished of WYSAG was inconceivable. The Committee decided that this part of the operation of the licence provided a further layer of protection against the concerns of the objectors and would provide a springboard for the promotion of the licensing objectives in connection with this licence. 

 

·       The Committee considered that the applicant had engaged the services of various competent professionals in conjunction with this application and was likely to do so in association with any events at the premises.

 

·       The Committee welcomed the offering of a further condition by the applicant at the hearing in relation to free parking and added that condition subject to modification following a response to questioning about its intended scope. 

 

·       The Committee reminded themselves of Section 1.17 of the Guidance and Paragraphs 1, 4.4 and 8.4 of the Policy, namely that each case should be treated on its own merits and whatever has occurred previously at this site under premises held by different and unassociated licence holders were not valid considerations in respect of this application. The Committee also noted the condition on the operating schedule prohibiting the use of any other licences at these premises whilst licensable activities were being carried under this licence, should it be granted.

 

·       Notwithstanding this application being treated on its own merits, the Committee were encouraged by the lesson the applicant appeared to have drawn from previous events at the site when arriving at conditions in respect of this application.

 

• The Committee acknowledged the applicant director’s previous experience in the licensed trade without any enforcement issues and his background in other, well-regulated industries. The Committee also felt, based on the evidence before them that the applicant, through its director, was likely to comply with its obligations under the licence and would seek to operate the premises in accordance with its legal obligations and responsibilities.

 

• The Committee reminded themselves of the need to balance out the benefits that such a venue can bring to the local economy and the people within it, as well as the applicant’s legitimate commercial interests, against the need to ensure that any licensable activities are subject to such restrictions in order to limit the negative effect that those activities can have on the wider community. The Committee felt this application, as it now stood, struck that balance.

 

·       In all the circumstances the Committee was satisfied that a grant of a new premises licence subject to the conditions set out in the Schedule below, as well as the relevant mandatory conditions, would not undermine the Licensing Objectives and would be proportionate.

 

·       The Committee was satisfied that the resident’s relevant concerns had been addressed, as had those of the two responsible authorities who had made representations, and that its decision was proportionate.

 

Schedule

 

General (all four licensing objectives)

 

1.     Prior to any event which involves the carrying on of licensable activities under the authority of this premises licence the licence holder or a nominated representative must attend at least one WYSAG meeting (where such a group is in operation in respect of the area).

 

2.     The Designated Premises Supervisor will be present at any time licensable activities are being carried on under the authority of this premises licence, except where otherwise agreed in writing with a representative of the Police Licensing Department or in the event of an emergency. 

 

3.     On any occasion that sales of alcohol by retail take place under the authority of this Premises Licence, the point of sale will be supervised by a personal licence holder.

 

4.     On any occasion that sales of alcohol by retails take place under the authority of this Premises Licence, there will be a refusals log kept in respect of each point of sale. Said refusal log(s) must include the date and time of the incident, a description of the customer, the name of the staff member who refused the sale and the reason the sale was refused. All entries must be made within one hour of the refusal and log(s) must be made available for inspection and copying within 24 hours of a request by an officer of a Responsible Authority.  

 

The prevention of crime and disorder

 

1.     Whenever any event which involves licensable activities being carried on under the authority of this premises licence takes place, SIA registered security staff and stewards shall be on duty in the numbers and at the times determined appropriate by the Event Plan or, in respect of an event where an Event Plan was not required, in accordance with a Risk Assessment.

 

2.     Security staff must be provided with radios to enable them to contact each other and the duty manager at the premises.

 

 

GeneralPrevention of Public Nuisance Conditions – Applicable to ALL Events

 

1.     There shall be no more than two discrete events each calendar year (lasting no more than three consecutive days) which involve the carrying on of regulated entertainment under the authority of this premises licence and the attendance of more than 1,000 people (excluding staff, etc.).  Each event of attendance of more than 1,000 people to be notified to the Police and Licensing Authority 6 months prior to the event taking place.

 

2.     Events held under this premises licence cannot take place at the land identified on the premises licence plan when other licensable activities are held at Valiant Farm using the following premises licences PL(A)1322 or PL(A)1584.

 

3.     The Designated Premises Supervisor or the Personal Licence Holder for the premises who is supervising the sale or supply of alcohol at that time shall not permit customers to congregate and consume alcohol sold or supplied by that premises in a public place within the immediate vicinity of the premises and in an area not so licensed for consumption to the annoyance or obstruction of others and shall prevent the removal of alcohol if it is intended for such a purpose.  For the avoidance of doubt, this condition will not apply to any designated external area under the control of and operated by the Licence Holder.

 

4.     Any outside area which is specifically delineated to be used for the consumption of alcohol (such as, but not limited to, enclosed areas around an external bar) shall cease to be so used at 23:00 hours.  Signs shall be displayed in prominent positions warning customers that they will not be permitted to drink in the external areas after these times.

 

5.     All outdoor bars will cease selling alcohol at 22.30. Customers in marquee/pavilion bars will not be allowed egress to outdoor areas whilst consuming alcohol beyond 22.30.

 

6.     The Licensee shall ensure that staff departing at night when the business has ceased trading, conduct themselves in such a manner to avoid disturbance to nearby residents.

 

7.     Notices will be displayed at the entrance and exits advising customers to leave the site quietly.

 

8.     The volume of amplified sound used in connection with any regulated entertainment shall, at all times, be under the control of the Licence Holder or their representative and the controlling mechanism shall be inaccessible to the public.

 

9.     No nuisance shall be caused by noise coming from the premises or vibration transmitted through the structure of the premises.  This includes noise generated from any regulated entertainment in the form of live or recorded music, mechanical ventilation and refrigeration plant, which shall not be audible at any premises within close proximity.

 

10. The Licence Holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.  A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action. Key noise sensitive locations for monitoring will be agreed with Environmental Health prior to each event.

 

11. There will be a mobile telephone number which is designated as a number specifically for noise complaints.  The mobile telephone which corresponds with said number will be attended to by the appointed Noise Control Consultant throughout the duration of the event.

 

12. Any complaint (including noise) received shall be logged and investigated with a written record of the complaint submitted to the Licencing Authority and/or responsible authorities 48hrs after the event has ended, or alternatively upon request before the 48hr period has elapsed. Details that shall be recorded (where provided) upon receipt of a complaint are as follows;

a.     Name and address of the complainant, what the complaint concerns, and where / how the complainant is impacted

b.     Validation/verification of the complaint, i.e.: detail of the investigation findings

c.     Remedial actions taken. If no remedial actions taken: justification must be provided instead

d.     Record of communication to the complainant(s) advising of what has been done to address their complaint.

 

13. A tamper-proof noise-limiting device capable of setting limits for third octaves shall be utilised at the premises and all amplified music played at the premises must pass through this sound limiter at a level agreed by Wyre Council Environmental Health (such agreement not to be unreasonably withheld). The noise limiter shall not subsequently be altered without prior agreement with the Council’s Environmental Health Department.

 

14. Cattle and other farmed animals shall be excluded from grazing on any part of the licensed premises that is to be used for camping or entertainment (excluding car parking areas) for a minimum of 21 days prior to the patrons being admitted onto the site and up until camping has ceased on site.

 

15. Frequent collection of glasses and bottles will be undertaken to ensure that empty containers bought from the site by patrons do not accumulate in or around the licensed premise.

 

16. There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises. Those containers shall be constructed, maintained and located so that access to them by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents.

 

17. Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance to residents in the vicinity of the premises.

 

18. There shall be no emission from the premises of offensive smells, which are likely to cause a nuisance.

 

19. No light from or on the premises and any other light under the control of the premises shall be provided where that light causes a nuisance to nearby premises.

 

20. During any event that involves licensable activities being carried on under the authority of this premises licence, the licence holder shall ensure that only businesses already registered under the Food Hygiene (England) Regulations 2006 shall be allowed to provide food and drink.

 

21. With respects to any car / vehicle show, there shall be no nuisance caused by the unnecessary usage of car horns or excessive usage of car horns.

 

22. With respects to any car / vehicle show, there shall be no nuisance caused by the unnecessary revving of engines or excessive engine revving.

 

Prevention of Public Nuisance Conditions – Applicable to Music Events/Festivals/Concerts 

 

1.     A Noise Assessment and Management Plan will be submitted to the Licensing Authority at least six months prior to the first day of each event. This will take account of all regulated entertainment which will be provided during each event, including the number of stages/marquees/pavilions, and the location, orientation and operational times of each stage/marquee/pavilion.

 

The Noise Assessment and Noise Management Plan will include:

a.     The findings of a noise survey carried out by the Noise Control Consultant to determine the background noise levels (as defined by the Code of Practice on Environmental Noise Control at Concerts) at locations around the venue representative of the noise sensitive premises likely to experience the largest increase in noise/highest noise level as a result of the event.

b.     The predicted Music Noise Levels from the event at the noise sensitive properties identified in (a) above;

c.     Details of the sound control and monitoring scheme that will be put into place to minimise the Music Noise Levels from the event to ensure compliance with the noise limits set in conditions 2 and 3 of section ‘Prevention of Public Nuisance Conditions – Applicable to ALL Music Events’ ,whether internal (temporary structures) or external  of this licence;

d.     An offsite noise monitoring strategy which demonstrates an adequate level of monitoring at all noise sensitive villages/properties identified in a) above.

Issues raised by the Environmental Health Department regarding the Noise assessment and Noise Management Plan, including but not limited to, inclusion of alternative monitoring locations and other requested amendments must be addressed 3 months prior to any event.

 

2.     Music Noise Levels (MNL) when assessed at the prediction stage or measured during sound checks or concerts should not exceed the background noise level (LA90) by more than 15 dB(A) over a fifteen minute period 1 metre from the façade of any noise sensitive premises noise sensitive premises (being premises where the occupants are likely to suffer nuisance from excessive noise or where complaints are received where occupants are being affected by noise) or representative monitoring position agreed in the noise management plan (NMP), prior to 23:00 hours.

 

3.     The control limits set at the mixer position shall be adequate to ensure that the low frequency Music Noise Level (MNL) in the 63Hz and 125Hz octave frequency bands does not exceed LZeq(15min) 65dB measured not less than 1 metre from the façade of a noise sensitive premises (being premises where the occupants are likely to suffer nuisance from excessive noise or where complaints are received where occupants are being affected by noise) or from a representative monitoring position agreed in the NMP, situated at least 2 km from the venue/premises.

 

4.     Where it is not possible for a fifteen minute measurement to be taken as per conditions 2 and 3, a shorter 1 minute measurement may be taken. Justification must be provided and recorded for why the shorter measurement period has been implemented, and that a further 5 measurements over 1hr period should be undertaken at the monitoring position where the 1 minute measurement is implemented to ensure the Music Noise level as set out in conditions 2 and 3 is not breached.

 

5.     Where access to a noise sensitive premises is not possible to measure the MNL as per conditions 2 and 3, then an alternative measurement position at the boundary or other representative location of the noise sensitive premises (being premises where the occupants are likely to suffer nuisance from excessive noise or complaints received where occupants are being affected by noise) can be used. This alternative location must be recorded and justified

 

6.     The Licence Holder shall provide electronic sound limiters on the output of the mixing desk to amplifiers which can be pre-set to a given level, so that the control set at the mixer position is adequate to ensure the MNL at the noise sensitive premises (being premises where the occupants are likely to suffer nuisance from excessive noise or where complaints are received where occupants are being affected by noise) is not exceeded.

 

7.     A noise propagation test shall be undertaken prior to any event in order to set appropriate control limits at the sound mixer position.  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.

 

8.     The Licence Holder or their Noise Control Consultant shall ensure that the promoter, sound system supplier and all individual sound engineers are informed of the sound control limits imposed by conditions 2 and 3 (of section Prevention of Public Nuisance Conditions – Applicable to Music Events/Festivals/Concerts) and that any reasonable instructions from the Noise Control Consultant regarding noise levels are implemented.

 

9.     The appointed Noise Control Consultant shall continually monitor the noise levels at the sound mixer position and regularly at monitoring locations as agreed in the NMP to ensure that the required noise limits are not exceeded.  The Licensing Authority may request and shall be provided with the sound mixer position and noise monitoring location results at all times.

 

10. During any event that involves licensable activities being carried on under the authority of this premises licence, the Music Noise Level should be measured using an integrating-averaging sound level meter with type 2 or better of BS6698. The background noise level should be measured using a sound level meter complying with type 2 or better of BS5969. Time weighting F (fast response).

 

11. Where regulated entertainment is provided after 23:00, the music must not be audible within noise sensitive premises with windows open in a typical manner for ventilation.

 

12. Unrestricted access to the front of house position and backstage areas shall be allowed at all times to Wyre Council Environmental Health Department for the purpose of sound level measurements; communication with the appointed Noise Control Consultant / Sound Engineer; and for the monitoring of licence conditions. The Noise Control Consultant shall have full control over the sound amplification equipment and the volume shall be adjusted to meet the noise levels specified in Conditions 2 and 3, or as otherwise requested by an officer of Wyre Council Environmental Health Department.

 

13. No sound systems other than those authorised by the Noise Control Consultant and detailed in the Noise Assessment and Management Plan shall be operated.  The licence holder shall erect signs on the campsites advising the public of this condition and implement controls through the security checkpoints to prevent any other sound systems from entering the site.

 

14. Admission to the event shall be by ticket only with tickets exchanged for a wristband upon entry. No person shall be permitted access to the site for the event whilst they are considered to be under the influence of drugs or excessive alcohol. Entry shall also be refused to persons acting in an inappropriate or disorderly manner or refusing to be searched upon request of authorised security staff. Any person found on the site in possession of, or supplying drugs or acting in an inappropriate or disorderly manner shall be subject to the Events Ejection Procedure, detailed in the Security Plan. Where appropriate the Police will be promptly contacted regarding confiscated items or ejected individuals.

 

15. The Premises Licence Holder or their representative shall liaise with the local taxi and private hire trade for the purpose of their providing transportation to and from the site.

 

16. Deliveries of all equipment, staging, plant, waste collection, traders etc to and from the site shall not take place outside the hours of 08.00 to 18:00 daily.

 

17. Within 24 hours from the end of an event that involves licensable activities being carried on under the authority of this premises licence, any loose debris or litter on the premises or in the immediate vicinity of the premises shall have been cleared.

 

18. Bins shall be placed at regular intervals along any route that patrons are likely to use for dispersal from the site.  All bins shall be removed no later than the day after the event.

 

19. At least 6 months prior to any event that involves licensable activities being carried on under the authority of this premises the Licence Holder shall appoint a suitably qualified and experienced Noise Control Consultant, to the reasonable approval of Environmental Protection Department. The Noise Control Consultant shall liaise between all parties including the Licensee; promoter; sound system supplier; sound engineer; and, the Environmental Protection Department etc. on all matters relating to noise control prior to and during the event.

 

20. Noise measurements outside of the site shall be taken in accordance with the agreed Noise Monitoring Strategy forming part of the Noise Management and Assessment Plan required by Condition 1. In the event of complaints being received offsite from one direction or area, monitoring shall be increased in that area. Conversely, noise monitoring in certain locations may be to a lesser extent than that stated in the agreed Noise Management Plan, but only in advance agreement with an officer of the Wyre Council Environmental Health Department.

 

21. At least two weeks prior to any event a letter shall be circulated to local residents within a 3km radius of the licensed premises detailing the start and finish times of the event and the time(s) of any sound checks.   A dedicated telephone number shall also be provided to allow the reporting of noise complaints. A copy of the letter and list of addresses to which it has been sent shall be supplied to Wyre Council Environmental Health Department.

 

22. Amplified sound from onsite traders/fair-ground attractions shall terminate no later than 22.00.

 

23. External rehearsals and sound checks are permitted only between the hours of 09:00 and 17:00.

 

24. Construction and deconstruction of staging is only permitted between the hours of 08:00 and 20:00.

 

25. No amplified foul or offensive language shall be emitted via the sound system that encourages anti-social behaviour.  This shall be specified in the contract conditions with hirers/performers/operators to ensure that anti-social behaviour is minimised and reduces the risk of disturbance.

 

26. Patrons who do not use their own vehicles or the approved methods of transport (buses, taxis, or any other form of transport agreed as part of the traffic management plan) shall not be granted access to the site.  This will include patrons who walk to the site from the surrounding area.

 

27. At least six weeks after any event that involves licensable activities being carried on under the authority of this premises licence, the Licence Holder or their representative will hold a review meeting, the location of which will be within the Wyre district, to which all relevant responsible authorities will be invited to discuss any issues which arose from the event and to consider any additional measures to be applied to future events to promote the licensing objectives.  Such measures will include those intended to control and prevent disorderly and violent behaviour.

Public Safety Conditions - Applicable to ALL Events

 

1.     An event safety co-ordinator and a deputy shall be appointed.  They shall be of sufficient competence and authority to effectively take responsibility for safety at the event and be able to authorise and supervise safety measures. The Event Safety Co-ordinator and deputy shall have no other additional duties.

 

2.     The public shall not be admitted to the licensed site until such time that the premises licence holder and the event safety co-ordinator are satisfied that the site is suitable for its intended use.

 

3.     A radio communication system of sufficient capacity and coverage shall be used throughout the site including any external areas of the event such as car parks.  All persons in possession of a radio will be trained in its use.

 

4.     During any event that involves licensable activities being carried on under the authority of this premises licence, in order to facilitate efficient refuse collection and provide ease of access for emergency vehicles, each campsite area shall be interspersed by access roads in accordance with details supplied to, and agreed (such agreement not to be unreasonably withheld) by, the Licensing Authority.  Each access road shall be no less than 2.5m wide.

 

5.     During any event that involves licensable activities being carried on under the authority of this premises licence, the land provided for camping must be sufficient to accommodate all weekend ticket holders at a ratio of two persons per tent, with an overall average of 430 tents per hectare.

 

6.     A suitable and sufficient evacuation plan and procedure shall be prepared and documented for the event – covering localised, full site and major incident contingencies. In the event of severe weather (for example high winds, torrential rain or serious site flooding) an event cancellation protocol shall be implemented to ensure the safe and controlled management and communication of the cancellation.

 

7.     Adequate provision shall be made in the form of tractors or 4x4 vehicles to tow stranded vehicles to hard standing.

 

8.     A clearly signed/identified lost persons/children area shall be operated at the event, with the public announcement facilities used to reunite lost persons/children. Staff and stewards shall be vigilant to the possibility of children becoming separated from accompanying adults and shall be fully briefed on the procedure to follow in such circumstances.

 

9.     In the event of an emergency, music will cease and a safety announcement will be relayed to attendees.

 

10. During any event that involves licensable activities being carried on under the authority of this premises licence, there will be an appropriate number of First Aid trained persons on duty.

 

11. Drinks will be served in vessels made from polycarbonate, plastic or another non-glass alternative at all times. All glass bottles must be decanted into such a vessel prior to being given to the public.

 

12. During any event that involves licensable activities being carried on under the authority of this premises licence, any sales of alcohol made for consumption off the premises will be provided in a sealed container.

 

13. During any event that involves licensable activities being carried on under the authority of this Premises Licence, vehicle movement within the curtilage of the premises will be limited and controlled to ensure the safety of public and staff. Emergency Services vehicles will have full access.

 

14. Prior to any event that involves licensable activities being carried on under the authority of this Premises Licence which is expected to result in a significant level of traffic, a traffic management plan will be devised and utilised. Where a traffic management plan is operated, it will include a dedicated route for emergency vehicles and, where necessary, said plan will also include the use of marshals to assist with directing traffic on access to the site, parking and the dispersal of customers.

 

Public Safety Conditions - Relevant to all  Music Events/Festivals/Concerts 

 

1.     At least 6 months prior to the first day of any event, the Licence Holder will provide the Licensing Authority with a copy of the Event Site Plan and Event Safety Plan, including the operational management structure for the event, setting out the key role and responsibilities of the various duty holders, including identifying who has overall responsibility for complying with the Health and Safety at Work etc Act 1974. The information provided must include all the site risk assessments for the event plus assessments of matters including but not limited to crowd management, traffic management, attendee welfare and security.  Issues raised by the Environmental Health Department regarding the Event Site Plan and Event Safety Plan (including but not limited to inclusion of revisions and other requested amendments/additions), must be addressed 4 weeks prior to any event to the reasonable satisfaction of the Licensing Authority.

 

2.     During any event that involves licensable activities being carried on under the authority of this premises licence, the Licence Holder or their representative will ensure that a minimum of one ‘spotter’ is stationed at the Main Stage throughout each of the performances.  The ‘spotter’ will be a senior member of the security team or at very busy times the Licence Holder or nominated deputy.  The ‘spotter’s’ responsibility will be to monitor the movement of the crowd particularly watching for any sways, surges or unusual crowd behaviour.  In the event that any of these occur within the crowd the ‘spotter’ will need to make immediate contact with the Licence Holder.  The Licence Holder will then need to decide on the most appropriate course of action.

 

3.     When a band is performing that is known to have a lively crowd the Licence Holder (or his representative) will ensure that there are 2 ‘spotters’ stationed at the Main Stage.

 

4.     The Licence Holder or their representative will also ensure that during a performance on any of the other stages for any band known to attract a large crowd a ‘spotter’ will be stationed there to monitor the crowd.

 

5.     During any event that involves licensable activities being carried on under the authority of this premises licence, the Licence Holder or their representative will use a suitable crowd barrier in front of the security pit.

 

6.     During any event that involves licensable activities being carried on under the authority of this premises licence, the Licence Holder or their representative will put up adequate and sufficient signage to discourage crowd surfing or crowd surging to the reasonable satisfaction of the Licensing Authority.

 

7.     During any event that involves licensable activities being carried on under the authority of this premises licence, the Premises Licence Holder or their representative will publish a message on the festival website discouraging the practice of crowd surfing or crowd surging.

 

8.     During any event that involves licensable activities being carried on under the authority of this premises licence, the Licence Holder or their representative will implement a policy of ejecting dangerous crowd surfing or crowd surging from the festival/venue.  Security will enforce the ejection of such individuals.

 

9.     Signage shall be displayed and maintained at the licensed site for the duration of the festival alerting attendees to the facilities, activities and general information.

 

10. No member of the audience shall be allowed within 3 metres of any loudspeaker.  The sound pressure level from the front –of-house around mixer position will restrict the whole audience sound level exposure to below an event level of 107dB(A) or C-weighted peak sound pressure level to 140dB. 

 

The protection of children from harm

 

1.     Any staff who are employed in respect of an event involving the sale of alcohol by retail under the authority of this Premises Licence and who are directly involved in the sale of alcohol by retail at said event will successfully complete training in respect of age related products within three months of the event. Said training will be fully documented and be available for inspection to an authorised officer upon request.

 

2.     During any event that involves licensable activities being carried on under the authority of this Premises Licence at which the attendance of persons under the age of eighteen is permitted, there will be a dedicated welfare point for missing / found children which is clearly signed and manned at all times. This point will be indicated on any public literature or map of the event.

 

3.     Whenever any event that involves the sale of alcohol by retail taking place under the authority of this Premises Licence, there shall be a written policy to prevent the sale or supply of alcohol to persons under 18 years of age. That policy shall require any person that appears to be under the age of 25 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence or passport indicating that they are over 18 years of age. Where such a policy is in operation, a notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age and also that a search policy is in force for the event.

 

4.     Throughout any event involving the carrying on of licensable activities under the authority of this premises licence, door staff and marshals will monitor patrons to ensure that there are no persons aged 17 years or under drinking alcohol on site.

 

Conditions imposed by the Committee when granting this application

 

1.     Prior to any event which involves the carrying on of licensable activities under the authority of this premises licence, the licence holder or a nominated representative must attend at least one WYSAG meeting (or any other approved name).

 

2.     Each event which involves the carrying on of regulated entertainment under the authority of this premises licence and the attendance of more than 1,000 people (excluding staff, etc.) will have a risk-assessment based security policy; that policy will be subject to consultation with the WYSAG (or any other approved name).

 

3.     The Premises Licence Holder or their representative shall liaise with the local taxi and private hire trade for the purpose of their providing adequate transportation to and from the site. This transportation provision will form part of the traffic management plan and will identify times when demand is likely to be greater.

 

4.     Sufficient free onsite parking will be provided by the licence holder to accommodate all attendees of any event operated under the authority of the premises licence.

 

5.     Each event which involves the carrying on of regulated entertainment under the authority of this premises licence and the attendance of more than 1,000 people, digital Closed Circuit Television System (CCTV) will be installed and maintained in good working order and be correctly time and date stamped.

 

                                               i.          The system will incorporate sufficient built-in hard-drive capacity to suit the number of cameras installed.

 

                                              ii.          CCTV will be capable of providing pictures of evidential quality in all lighting conditions, particularly facial recognition.

 

                                            iii.          Cameras will encompass all ingress and egress to the premises, the immediate area outside the frontage of the Premises and all areas where the sale/supply of alcohol occurs.

 

                                            iv.          The system will record and retain CCTV footage for a minimum of 28 days.

 

                                             v.          The system will record at all times when the Premises are open.

 

                                            vi.          The system will incorporate a means of transferring images from the hard-drive to a format that can be played back on any desktop computer.

 

                                          vii.          The Digital recorder will be password protected to prevent unauthorised access, tampering, or deletion of images.

 

                                         viii.          There will be at all times, when the premises is open, a member of staff on duty with access to the CCTV system who is trained in the use of the equipment.

 

                                            ix.          Upon receipt of a request for a copy of CCTV footage from Police, or Officers or any other Responsible Authority, the member of staff will produce the footage within 24 hours, or less if urgently required for investigations of serious crime. 

 

                                             x.          CCTV footage must be made available to be viewed by Lancashire Constabulary or an Officer of a Responsible Authority upon request or during an inspection.