LAND IDENTIFIED AS THE FESTIVAL SITE (AS PER ATTACHED PLANS)

SCHOLEY PARK, KIRKBY LANE, TATTERSHALL THORPE, LINCOLN, LN4 4PD

Completed application 074909 which is a New Application for Premises Licence from 02/06/2021 to 31/12/2021

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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

   

  Premises Licence Number PLA040116

  Premises Licence Holder: Tearout Festival Ltd

  Address of Licensed Premises: Festival Site, Scholey Park, Tattershall, LN4 4PD

  Licence Licensable Activities:

  Supply of Alcohol (On the Premises only)

  Friday & Saturday              1200 to 0130 Hours

  Sunday                             1200 to 0130 Hours

  Late Night Refreshment (Indoors & Outdoors)

  Friday & Saturday               2300 to 0200 Hours

  Sunday                                          2300 to 0200 Hours

  Exhibition of Films (Indoors & Outdoors)

  Friday & Saturday               1200 to 0200 Hours

  Sunday                             1200 to 2300 Hours

  Live Music (Indoors & Outdoors)

  Friday & Saturday               1200 to 0200 Hours

  Sunday                             1200 to 2300 Hours

  Recorded Music (Indoors & Outdoors)

  Friday & Saturday               1200 to 0200 Hours

  Sunday                             1200 to 2300 Hours

  Performance of Dance (Indoors & Outdoors)

  Friday & Saturday               1200 to 0200 Hours

  Sunday                             1200 to 2300 Hours

  Anything of a Similar Description to Live Music, Recorded Music or Performance of Dance (Indoors & Outdoors)

  Friday & Saturday               1200 to 0200 Hours

  Sunday                             1200 to 2300 Hours

  Hours of Opening:

  Friday to Monday - starting Friday 1000 Hours and closing Monday 1400 Hours.

   

  General:

  This premises licence authorises two events during the period 01 July 2021 to 30 September 2021 only

  The Operating Schedule for the premises will be subject to the contents of the Event Management Plan (EMP). This will cover the following (non‐exhaustive) list of requirements:

  Site Preparation

  Risk Management

  Health & Safety

  First/Aid Medical

  Fire Safety

  Capacity & Crowd Management

  Access & Egress

  Security

  Noise Management

  Emergency / Evacuation Plan

  Transport Management Plan

  POVA Policy

  A draft example of the Tearout Festival Event Management Plan will be reflected in the attachment to the premises licence application.

  Prior to any function involving the attendance of more than 500 patrons, the East Lindsey Event Safety Advisory Group (ELESAG) will be consulted, so long as the said group are in existence in the area ‐ most likely 3 months in advance to confirm dates and 4 to 6 weeks prior to the event to arrange SAG meetings, etc.

  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.

  A log of those door staff shall be maintained at the premises and shall include:

  The number of staff on duty

  The identity of each member of door staff and their SIA number

  The times the door staff were on duty

  Entry to any event taking place under the Premises License shall be by ticket only. The premises license holder shall use appropriate media (website, social media and e‐mail) to communicate appropriate information and conditions to ticket holders, in advance of an event.

  The premises license 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.

  The premises shall operate a zero tolerance Drugs Policy. 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.

  Staff who are to sell alcohol will be trained in the requirements of the Licensing Act 2003 in relation to the licensing objectives, and the laws relating to underage sales and the sale of alcohol to intoxicated persons. This training will be documented, and details of it shall be produced to an Authorised Officer on request.

  A refusals log will be maintained at each point of sale, recording the time of the refusal, the member of staff who made the refusal and the reason for such refusal. Measures shall be put in place to prevent open containers of alcohol being removed from the licensed premises.

  Public Safety

  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.

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

  The premises license holder shall have in place Public Liability Insurance.

  No drinks will be sold or served in glass containers. Access shall be maintained into and around the licensed premises for emergency vehicles.

  Emergency exits will be determined and will be sufficient for the number of occupants on site. The emergency exits will be available at all times, manned by stewards and kept free from obstruction.

  The use of any special effects and fireworks shall be fully risk‐assessed, and details shall be provided in advance to East Lindsey District Council.

  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 and 2 of the event, and all Regulated Entertainment shall cease at 2300 Hours on day 3.

  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.

  
  The Protection of Children from Harm

  It will be made very clear at the start of publicising an event whether the intention is for it to be over‐18s only or open to a wider, family audience ‐ the Tearout Festival 2021 is an 18+ event.

  A Challenge 25 Policy shall be implemented in full at the entrance to an event taking place under the Premises License, with full and appropriate identification sought from any person who appears to be under the age of 25 ‐ separate passes or wristbands will be given to under‐18s if admitted to clearly identify them to bar staff.

  The only acceptable forms of identification shall be photographic Driving Licenses, Passports, HM forces cards, or a form of identification with the ‘PASS’ hologram.

  Any person who cannot produce full and appropriate identification when requested to do so shall not be permitted entry to the premises. Those purchasing tickets to the event shall be advised in advance of the event to bring appropriate identification with them.

  A Challenge 25 policy shall be implemented in respect of all sales of alcohol. All staff who are to sell alcohol will be trained, and such training will include the Challenge 25 policy and its operation.

  Notices will be displayed in prominent positions at each point of sale indicating that the Challenge 25 policy is in force and advising which forms of ID are acceptable.

   

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

   

  Not Applicable.

   

   

• ANNEX 4 - Plan for Tearout Festival Ltd, Scholey Park, Tattershall, LN4 4PD, is attached to this Premises Licence.