SCHOLEY PARK

KIRKBY LANE, TATTERSHALL, LINCOLN, LN4 4PD

Completed application 075171 which is a New Application for Premises Licence from 02/08/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• 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

   

  This event, subject of this premises licence, shall take place on one occasion, annually, over a four day period.

   

  The date of the event each year to be notified to the Responsible Authorities and the East Lindsey Event Safety Advisory Group (ELESAG) at least three months in advance of the event.

   

  An Event Management Plan shall be made available to the Responsible Authorities and the ELESAG in advance of the event taking place.

   

  Prevention of Crime and Disorder

   

  Prior to any of the dates when licensable activities are to take place at the premises, a risk assessment will be undertaken to determine an appropriate number of SIA registered Door Supervisors to be employed at the premises. Such number will be employed at the premises on the dates that licensable activities are to take place.

   

  There shall be provided and kept at the premises a register/log book to record details of every person employed on the premises as a door supervisor. The record shall contain the following details:

   

                        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 log to be inspected and signed by a member of the event management team. The log to be retained for a period of no less than 12 months and made available to Lincolnshire Police for inspection upon request.

   

  The premises licence holder will make adequate provision for monitoring and controlling the number of persons entering the site by way of fencing, gate systems, security or other provision to manage entry, and to prevent unauthorised access to the premises or any part thereof.

   

  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.

   

  The premises shall operate a search policy to deter the carrying of drugs or weapons - such Policy shall be written.

   

  Drinks to be served in plastic/metal drinking vessels only.

   

  Measures shall be put in place to prevent patrons from removing open containers of alcohol from the premises. 

   

  Public Safety

   

  A refusals book shall be kept at each point of sale, in which details of any refusals shall be recorded. The book shall contain the following details:

   

                        Time, date and location of refusals.

                        Nature of the refusal.

                        Names, addresses and contact details of persons involved.

   

  Each entry to be signed by the Designated Premises Supervisor (DPS) or other responsible person employed at the premises and so authorised by the DPS; and retained for a period of no less than 12 months and made available to Lincolnshire Police for inspection upon request.

   

  The premises shall maintain a comprehensive incident log throughout the course of the event detailing:

   

                        Time, date and location of incident.

                        Nature of incident.

                        Names, addresses and contact details of persons involved.

                        Result of the incident.

                        Action taken to prevent further such incidents.

   

  Each entry to be signed by the Designated Premises Supervisor (DPS) or other responsible person employed at the premises and so authorised by the DPS; and retained for a period of no less than 12 months and made available to Lincolnshire Police for inspection upon request.

   

  Appropriate and sufficient First Aid and medical equipment/staff shall be available and employed at the premises throughout the course of the event. An assessment of First Aid requirements will be undertaken with reference to relevant guidance, in order to determine adequate numbers of First Aid personnel and equipment.

   

  Prevention of Public Nuisance

   

  Please Note: The licence conditions, relating to the prevention of public nuisance licensing objective, have been numbered for ease of reference and in order to indicate where specific conditions relate to each other.

   

  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 days 1, 2, 3 of the event, and all Regulated Entertainment shall cease at Midnight (00:00 Hours) on day 4.

   

  2. Between 1200 to 2300 Hours the Music Noise Level (consisting of the combined noise from all arenas, stages, marquees or wandering performers) shall not exceed 65 dB LAeq 15 minutes as measured/calculated at a point 1 metre from the façade of any noise sensitive property. If the site is proposed to be used for between 4 and 12 Event Days per year the level of music noise shall not exceed 15dB(A) above the background noise L(A90) over a 15-minute period.

   

  3. Between the hours of 1200 to 2300 Hours the low frequency component of the noise from any Regulated Entertainment shall be restricted to no more than 70 dB 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 façade of any noise sensitive property. If the site is used for more than 3 event days this limit shall be reduced to 65dB Leq 15 minutes in the same octave bands.

   

  4. 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.

   

  5. 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 limits (as per Conditions 1, 2 and 3 above). From herein this suitably qualified and experienced person is referred to as the Festival Acoustician.

   

  6. 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 East Lindsey District Council. 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, 2 and 3 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.

   

  7. 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. Monitoring shall be carried out in the same manner as is described in Condition 6. 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 6.

   

  8. 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 5, 6 and 7. 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.

   

  9. 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 License 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.

   

  10. 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 review by the same.

   

  11. Major stages, arena, venue or marquees containing entertainment shall be no less than 250 metres from the façade 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).

   

  12. The Licensee shall allow no access to the site after 23:00 Hours.

   

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

   

  14. No ad-hoc music systems brought in by attendees to the event shall be permitted to be used. Sufficient stewarding shall be provided during the night time hours to reduce the impact of noise created by those remaining on site, including the use of music systems.

   

  15. 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 Licensee 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.

   

  16. 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 Parish Clerks of Coningsby Town Council and Kirkby on Bain Parish Council.

   

  17. The premises licence holder will keep a written log of all complaints received by him/her and such written log to be made available to the Licensing or Environment Teams of East Lindsey District Council on request.

   

  18. The premises and its exterior shall be cleared of litter at regular intervals throughout each event, and fully and promptly following the end of an event.

   

  Protection of Children from Harm

   

  All children under 16 must be accompanied by an adult.

   

  The premises shall operate the 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.

   

  Notices shall be prominently displayed advising customers of the Challenge 25 Policy.

   

  All point of sale staff shall undergo training in the Challenge 25 Proof of Age Scheme and all other relevant policies with a record kept of the date of training, signed by the member of staff and the trainer. Each entry shall be retained for a period of 12 months from date of completion. This record shall be made available for inspection by Lincolnshire Police Officers or other relevant authority.

   

   

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

   

  Not Applicable.

   

   

• ANNEX 4 - Plan for the event (subject of this Premises Licence) is attached to this Premises Licence.