EQUINOX FESTIVAL

CHALK FARM, SALTERS LANE, WYHAM CUM CADEBY, LUDBOROUGH, NR GRIMSBY, DN36 5RS

Completed application 078534 which is a New Application for Premises Licence from 25/04/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  MC1

  Only individuals licensed by the Security Industry Authority may be used at the premises to guard against:

   

  a)              unauthorised access or occupation (e.g. door supervision) or,

  b)              outbreaks of disorder, or

  c)              damage

   

  S21 Licensing Act 2003

   

  MC2

  No supply of alcohol may be made under this licence:

   

  a)              at a time when there is no designated premises supervisor in respect of it, or

  b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  S19 Licensing Act 2003

   

  MC3

  Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.

   

  S19 Licensing Act 2003

   

  MC4

  The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made

   

  a)              by the British Board of Film Classification (BBFC), where the film has been classified by that Board, or

  b)              by the Licensing Authority where no classification certificate has been granted by the BBFC, or, where the licensing authority has notified the licence holder that section 20(3)(b) (74(3)(b) for clubs) of the Licensing Act 2003 applies to the film.

   

  S20/74 Licensing Act 2003

   

  MC6

  (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).

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  MC8

  The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  MC9

  (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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  MC10

  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; 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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  MC11

  1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

   

  2. For the purposes of the condition set out in paragraph 1:

   

  (a) ‘duty’ is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  (b) ‘permitted price’ is the price found by applying the formula: P = D + (D×V) where:

   

  (i) P is the permitted price,

  (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

  (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

   

  (c) ‘relevant person’ means, in relation to premises in respect of which there is in force a premises licence:

   

  (i) the holder of the premises licence,

  (ii) the designated premises supervisor (if any) in respect of such a licence, or

  (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d) ‘relevant person’ means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  (e) ‘value added tax’ means value added tax charged in accordance with the Value Added Tax Act 1994.

   

  3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  4. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (the first day) would be different from the permitted price on the next day (the second day) as a result of a change to the rate of duty or value added tax.

   

  (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

  The Licensing Act 2003 (Mandatory Conditions) Order 2014

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

  The premises will only be open to the public from Thursdays 1000 Hours through to Mondays 1800 Hours. The premises is limited to no more than two separate event periods per annum - with at least a 3-month separation between event weekends (for example, an event in May and the primary event (Equinox) in September).

  The date(s) of any licensable events will be notified to the Responsible Authorities and the East Lindsey Event Safety Advisory Group (ELESAG), at least three months in advance of the event date(s), to enable suitable and sufficient consultation with the Responsible Authorities and the safety planning of the event.

  All licensable activities are limited by frequency (per annum) and duration (per event), as described in the standard timings above - for clarity below:

  All events will be limited to a maximum of four consecutive days.

  All events will have at least a three-month separation between each other.

  Events will be limited to no more than two per annum.

  An Event Management Plan (EMP) for the events will be prepared and lodged with the Licensing Team of East Lindsey District Council and the East Lindsey Event Safety Advisory Group (ELSAG). Any recommendations of the East Lindsey Event Safety Advisory Group (ELSAG) with regard to the Event Management Safety Plans will be implemented in full.

  Camping and car park management plans will be produced and lodged with the East Lindsey Event Safety Advisory Group (ELESAG), Lincolnshire Police and the Licensing Authority.

  The finalised Event Management Plan and associated documents to be lodged at least 28 days in advance of each event, to the Responsible Authorities.

  The total number of persons present at the event shall be limited to a maximum of 4,999 at any one time.

  The Prevention of Crime and Disorder

  Designated Premises Supervisor (DPS) - Whenever the Designated Premises Supervisor (DPS) is not at the premises, another personal licence holder must be nominated as being the responsible person and be present on site.

  Site Lighting - The site will have lighting sufficient to ensure that all public areas are visible to patrol staff. Car park areas will be subject to random patrols by site management, security officers or stewards in order to deter thefts from vehicles. Anyone found participating in theft from or of vehicles will be reported to the Police.

  Marshals - The premises licence holder will provide marshals for the event. The marshals shall receive training specific to the event including the correct path for reporting incidents and shall be provided with high visibility clothing in order for them to be easily identifiable during the event.

  The marshals shall be subject to at least one daily briefing/debriefing session during the currency of the event.

  Security - There shall be provided at the premises door supervisors who are registered with the Security Industry Authority (SIA) to such a number, if any, as the management of the premises consider are sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for a licensable activity or as detailed in any management plan.

  A record / logbook shall be kept at the premises by the Designated Premises Supervisor (DPS) of every person employed on the premises as a door supervisor. The record / logbook shall contain the following details as a minimum:

  The door supervisor's name.

  His/her Security Industry Authority (SIA) Licence Number.

  The time and date he/she commenced and concluded their duty.

  The door supervisors shall sign each entry. The Designated Premises Supervisor (DPS) or other authorised person shall also endorse each entry as having checked the authenticity of the individual door supervisor.

  The record / logbook shall be retained for a period of at least 12 months from the entry date and made available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority (SIA) or a Police Constable.

  Incident Log - An incident book shall be kept at the premises in which details of crime and/or disorder relating to the premises shall be recorded. The incident book shall contain the following details as a minimum:

  Time, date and location of incident.

  Nature of the incident.

  Names, addresses and contact details of persons involved (if unable to be recorded, the reason for not recording but record physical description).

  Result of the incident.

  Action taken to prevent further such incidents as necessary.

  Each entry signed by the Designated Premises Supervisor (DPS), or other responsible person employed at the premises and so authorised by the DPS.

  The record/log shall be retained for a period of at least 12 months from the entry date and made available for inspection on demand by an Authorised Officer of the Council, or a Police Constable.

  All security staff and stewards must be informed of their responsibilities with regard to preventing the supply or use of illegal substances.

  Search - The premises shall operate a search policy to deter the carrying of drugs or weapons. It will be made available for inspection upon request by any Responsible Authority.

  Drugs - There shall be a Drug Policy completed for the premises. This document will be specific to the event and will be kept on site at all times. It will be made available for inspection upon request from any Responsible Authority.

  Any person found using drugs will be removed from the premises. Any person found to be dealing drugs will be detained (when it is safe and reasonable to do so) and local Police informed immediately. Any drugs seized will be securely stored and handed over to Police following any event.

  A drugs amnesty bin must be in place at the event, the contents of which must be handed to the Police who must be provided with a key to the amnesty bin prior to the event.

  Glassware - Drinks to be served in plastic/metal drinking vessels only. Members of the public are not permitted to bring glassware onto the site. Ticket holders will be informed prior to the event and information publicised on the event website as well as under ticketing conditions at the point of sale. Any glass found being used by participants on site will be confiscated and disposed of by security staff.

  Lost and Found - The event shall have a Lost and Found Policy relating to property lost and found on the event site. The policy will include procedures for the logging and disposal of property - in particular any valuable property, including passports and other identification, shall be handed to a local Police station if not claimed at the event.

  Public Safety

  A risk assessment of the site shall be carried out and all practicable steps taken to minimise risks to the safety of all participants.

  The site shall be lit sufficiently to ensure that participants can safely find their way around the site and designated emergency routes shall be planned and made into the event site.

  Security staff and marshals shall be given instruction and training in the emergency procedures for the event as detailed in the Event Management Plan for the event.

  A suitable agency shall be employed to provide First Aid at the event.

  No glass shall be allowed on site to members of the public, all drinks shall be sold and served in either cans or in plastic containers or eco cups.

  There shall be specific disposal points for cans, paper and plastics to ensure that as much waste as possible is recycled.

  There shall be regular testing (and certification where appropriate) of procedures and appliances at / on the event site. All providers of structures shall be expected to comply with the relevant regulations pertinent to public safety (this will be a condition of hire of any marquees or other fully enclosed areas), means of escape from structures shall be clearly identified and congregation points allocated, and at the start of every session in any enclosed venue emergency procedures shall be outlined with performers - this shall be repeated at intervals during performance times.

  Notices detailing evacuation routes shall be posted and all entrances and exits shall be marked clearly.

  There shall be fire safety points at strategic locations throughout the site.

  There shall be sufficient provision of free potable water on site in suitable locations and relevant to the number of persons attending the event.

  The premises licence holder shall ensure that all customers and performers vehicles are managed so as to have minimal interference for the general public and regular traffic within the local area.

  Access and egress to and from the site shall be managed via a highways Traffic Management Scheme, pre-event ticket holder information, event stewarding in place and a sufficient ‘off road’ queuing system at the premises.

  Public Access or Egress shall be discouraged after 2200 Hours and the Public Gates closed from 2300 Hours until the following morning (except for event essential or emergency access requirements).

  The premises licence holder shall ensure that the event has public liability insurance in place at the time of the event.

  The premises licence holder shall provide signage at relevant points detailing any restrictions and emergency procedures relevant to that area. All stewards and security staff shall be issued with a guidance leaflet detailing the site layout, emergency procedures and telephone numbers and their responsibilities.

  Notices shall be displayed detailing the premises licence holder's responsibilities under the Licensing Act and that failure to comply with these will result in the person or persons concerned being removed from site without compensation.

  Notices shall also inform all participants that those indulging in illegal acts will be reported to the Police.

  The Prevention of Public Nuisance

  The premises licence holder will ensure that a Noise Impact Survey has been conducted for the event.

  A Dispersal Policy shall be in place for the event. All attendees at the event shall be advised, via guidance on the event website, to be respectful of the area and local residents as they journey to, during the course of, and after the event has concluded and as they leave the event.

  Advice for attendees shall be placed on the event website advising that unauthorised sound systems must not be brought into the festival.

  East Lindsey DC Model Licence Conditions - Festivals & Outdoor Events

  1. Noise from Regulated Entertainment shall not be audible within potentially noise sensitive residential properties (assuming that residential windows are kept open to allow reasonable ventilation of the same) between 2300 and 1000 Hours on Thursday nights/Friday mornings, Friday nights/Saturday mornings and on Saturday nights/Sunday mornings.

  2. Thursday evenings regulated entertainment areas (stages) will be restricted to a single arena area and no more than two music stages operating. All regulated entertainment will cease no later than 00:00.

  3. Between 1200 to 2300 Hours on Thursday and Friday, 1000 to 2300 Hours on Saturday and 1000 to 2300 Hours on Sunday the Music Noise Level (consisting of the combined noise from all arenas, stages, marquees or wandering performers) shall not exceed 15 dB(A) above the Background Noise level (L90) over a 15-minute period as measured/calculated at a point 1 metre from the facade of any noise sensitive property.

  4. Between 1200 to 2300 Hours on Thursday and Friday, 1000 to 2300 Hours on Saturday and 1000 to 2300 Hours on Sunday the low frequency component of the noise from any Regulated Entertainment shall be restricted to no more than 75dB Leq 15 minutes within the 63 Hz and 125 Hz octave frequency bands so as to ensure that nearby properties are not exposed to undue noise from bass beats. This component of the noise shall be measured/calculated at a point 1 metre from the facade of any noise sensitive property.

  5. No sound checks shall be carried out before 1000 Hours or after 1800 Hours on the day before the event starts or on the days of the event. No sound checks shall be a carried out at any other date or time.

  6. The premises licence holder shall employ a suitably qualified and experienced person or persons to oversee the design, installation (including selecting the type of speakers, positioning and direction of those speakers and setting of frequency specific noise limiters on significant entertainment venues) and the operation of all music venues so as to ensure compliance with appropriate noise Iimits (as per conditions 1, 3 and 4 above). From herein this suitably qualified and experienced person is referred to as the Festival Acoustician.

  7. The premises licence holder shall employ the Festival Acoustician to implement or oversee sound monitoring throughout the course of the festival. This sound monitoring will be proactive and take place whenever entertainment is being provided at the festival and will involve rolling monitoring at specified on and off-site locations which are to be agreed with the Environment Team of this Council.

  8. There will also be continuous monitoring at specific fixed points as agreed with the Environment Team of this Council. If and when any of this monitoring suggests that any noise limits (as per conditions 1, 3 and 4 above) are being exceeded at any potentially sensitive location this must be reported to the Festival Acoustician immediately. The Festival Acoustician will then ensure that the sound output (whether overall sound levels or sound at particular bass frequencies) of the relevant venue or venues is reduced quickly and efficiently (the reduction being implemented within five minutes of the results of the monitoring being reported to the same). Compliance with the relevant noise limits shall then be confirmed through further monitoring. Noise levels shall be measured with an Integrating Sound Level Meter complying with type 2 or better of BS:6698.

  9. On receipt of specific complaints alleging undue noise (whether reported directly to the festival or passed on by East Lindsey District Council) and where the Festival Acoustician considers that there is any possibility that relevant noise limits are being approached or exceeded at the alleged locations, he/she shall deploy an appropriate person to the approximate location from which the complaint has been made to assess compliance with the relevant conditions.

  10. Monitoring shall be carried out in the same manner as is described in Condition 8. If any noise limit is being exceeded on site sound levels shall be reduced and compliance shall be confirmed in the same manner as is described in Condition 8.

  11. The person or persons who carry out the role of Festival Acoustician must be appropriately qualified and experienced to carry out the roles outlined in Conditions 8, 9 and 10. The premises licence holder must submit in writing, details of this/these person/persons (including information about the qualifications, expertise and relevant experience of the same) to the Environment Team of this Council no less than 56 days prior to the start of any event. The premises licence holder must agree in writing with the Environment Team of this Council who is to carry out the role of Festival Acoustician no less than 28 days prior to the start of any event, The premises licence holder shall support the conclusions and recommendations of the Festival Acoustician and ensure that the operators of all venues promptly follow any instructions that are issued to them by the same. The premises licence holder will take immediate steps to shut down any venues if the operators of the same do not follow the instructions of the Festival Acoustician to his/her satisfaction.

  12. The premises licence holder shall keep a record of all noise monitoring results, noise propagation calculations and remedial measures taken as a result of that noise monitoring. Within 14 days of a request being made in writing this record shall be forwarded to the Environment Team of the East Lindsey District Council in order that it may reviewed by the same.

  13. Major stages, arena, venue or marquees containing entertainment shall be no less than 250 metres from the facade of any potentially noise sensitive property and the premises licence holder shall ensure that no Regulated Entertainment takes place outside the licensed area (i.e., within the areas of the site that have been set aside for parking, camping or live in vehicles).

  14. The premises licence holder shall allow no access to the site after 2300 Hours.

  15. Notices to be posted at egress points and across the camping/live in vehicle, of the site asking participants to respect the needs of local residents and not to generate undue noise whilst leaving the site or whilst within the camping/live in vehicle areas.

  16. No ad-hoc music systems brought in by attendees to the event shall be permitted to be used.

  17. Sufficient stewarding shall be provided during the nighttime hours to reduce the impact of noise created by those remaining on site, including the use of music systems.

  18. The premises licence holder shall submit a Noise Management and Complaint Response Plan to the Council no less than 28 days prior to the event. Any such plan must include two telephone numbers on which the general public can contact the premises licence holder at any time during the event to report a public nuisance issue. The plan must detail what action will be taken in the event of reports of disturbance due to noise and any other public nuisances on/immediately off site.

  19. The numbers of the telephone line shall be publicised at least two weeks prior to the start of the event. This number will also be provided to the Licensing Authority and the Clerk of Ludborough, Wyham cum Cadeby, North Ormsby and Utterby Parish Councils.

  20. The premises licence holder will keep a written log of all complaints received by him/her and such written log to be made available.

  The Protection of Children from Harm

  There shall be a dedicated children's area within the event and outside this area children must be supervised at all times by a parent/guardian and no children shall be permitted in any area used exclusively for the sale of alcohol.

  A Lost/Found Children & Vulnerable Persons (LFCVP) Policy shall be in place for the event and a system for lost children including a safe place for them whilst their parent or guardian is found.

  All security staff and volunteer marshalls will be informed of their responsibility in respect of this policy.

  Any dedicated children's area where child specific entertainment is provided will have sufficient supervision and management by suitably checked staff, who have been checked using the Disclosure and Barring Service (DBS) to ensure that this is a safe place for children. A record shall be kept for a minimum period of 12 months and shall contain, as a minimum, the following details for each person employed:

  a)              Their name

  b)              Their address

  c)              Their date of birth

  d)              Their place of birth

  e)              Their National Insurance Number

  f)              Details of their DBS Certificate

  The premises shall operate a Challenge 25 Proof of Age Policy to prevent the sale or supply of alcohol to persons under 18 years of age. The policy shall require any person who appears to be under the age of 25 years to produce one of the following forms of identification:

  A recognised proof of age card credited under the British Retail Consortiums Proof of Age Standards Scheme (PASS);

  Photo driving licence;

  Passport;

  Any other means of identification approved and accredited in writing by the premises licence holder.

  No activities are proposed that may give rise to concern in respect of children but should any activities occur, that may give rise to concern in respect of children then suitable measures and restrictions shall be implemented.

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not Applicable.

   

   

• ANNEX 4 - Licensable activities are permitted in accordance with the layout of the premise shown on the plan attached to the premises licence (and deposited with the Licensing Authority).