To consider a report of the Head of Regulatory Services.

The Head of Regulatory Services submitted a report informing members of an application for the grant of a premises licence for Bowdon Cricket, Hockey and Squash Club, South Downs Road, Bowdon, WA14 3DT which had attracted representations from local residents, and Trafford Council’s Environmental Health.

 

Representations were made in support of the application by Miss McDowell and Mr Egerton and against the application by Claire Morris Kuits Solicitors, Mr.Abbott, Mr Slater and Mr Evans.  Representations were also made by Ms, N Ali, Trafford Council’s Environmental Health Section.

 

          RESOLVED -

 

(1)           That the application for the grant of a premises licence be granted subject to compliance with the conditions outlined in the decision notice.

 

(2)           That the issue of the licence be delegated to the Head of Regulatory Services.

 

LICENSING SUB-COMMITTEE DECISION NOTICE

 

Sub Committee      Councillor E.L. Hirst (Chairperson)         

Members:               Councillor B. Brotherton

                               Councillor J.D. Newgrosh

 

Applicant:    Bowdon Club Limited

         

Type of Licence:    Grant of a Premises Licence: Bowdon Cricket, Hockey and Squash Club, South Downs Road, Bowdon, WA14 3DT

 

Representors:        Environmental Health

                     N. Ali

                    

                     Local Residents

                     Mr. C R Abbott

                     Mr. A Hughes

                     P Harrison and J Evans

                     J Oglesby

                     Dr. A Nichanametla

                     P Stewart

                     M Green

                     Mr and Mrs Furness

                     K and S Leggett

                     H and C Erdursun

                     Mr I Slater

                     M and N Crowther

                     Kuits Solicitors on behalf of Mrs and Mr Oglesby

 

Parties Present:     Environmental Health

                     N. Ali

                     P Fletcher

 

                               Local Residents

                               Mr and Mrs Abbott

C Morris (Kuits Solicitors) representing Mrs and Mr Oglesby

Mr. I Slater

Mr. J Evans

P. Harrison

 

                               On behalf of the Applicant

                               R McDowell

                               M. Egerton

                               S Leopold

 

 

Officers

Jade Pickup – Senior Licensing Officer

Ursula Smith – Licensing Officer

James Parry – Locum Litigation Lawyer

Natalie Owen – Democratic Officer

 

 

Date of Hearing:      23 September 2024

Time Commence:  6:30 p.m.

Time Terminated:  8:30 p.m.

 

 

 

LICENSING SUB-COMMITTEE DECISION

 

The Sub-Committee had the benefit of receiving the licensing officers report and appendices A to K

 

The Sub-Committee also had the benefit of hearing oral submissions from:

 

-       The Applicants, Ms. McDowall and Mr. Egerton

-       Ms. Morris, solicitor on behalf of Mr. and Mrs. Oglesby

-       Mr. Abbott

-       Mrs. Abbott

-       Mr. Slater

-       Mr. Evans

-       Ms. Ali on behalf of Environmental Protection

-       Ms. Pickup the senior licensing  officer present.

 

The Sub-Committee decided that the representations received from Environmental Health and local residents were valid representations where they relate to the prevention of Crime and Disorder, Public Safety, the prevention of Public Nuisance and the protection of children from harm. We have not taken account of representations that go to sufficiency of supply or the need for premises of this type, as that is not something we are entitled to take account of.

 

Further late representations were received from Kuits solicitors on behalf of their clients Mr and Mrs Oglesby during the afternoon of Friday 20^th September, the last working day before this meeting and on Sunday 22^nd September. We have exercised our discretion not to consider those representations pursuant to regulation 18 of the Licensing Act 2003 (Hearing) Regulations 2005 on the grounds that the late presentation of those documents, which were extensive in nature did not provide us with sufficient time to consider those representations before the meeting and having regard to the substantial representations that had already been made by Kuits on behalf of their clients which appear in our bundle at appendix J.

 

We note that notwithstanding the substantial representations Kuits have made on behalf of their client they sought to argue that the application was not advertised properly. We do not accept that assertion, as it is clear that the application was advertised on blue notices and in the press according to the requirements of the Regulations and have generated a substantial number of responses and there is no evidence to support their assertion. The matter was not pursued further before us. Even if we were wrong on that point, we note that Regulation 31 of the Licensing Act 2003 (Hearing) Regulations 2005 would apply and that the hearing would not be rendered void by any such irregularity.

 

We reminded ourselves of the statutory guidance as to the imposition of conditions and the imposition of restricted operating hours. We note that we should only impose conditions and restrictions where that was necessary to promote the licensing objectives on a case-by-case basis. We also noted that we must pay regard to the size and nature of the premises that are seeking a licence.

 

We noted that the application relates to the Bowden Cricket Club which has been in its current location since 1826, before the housing development in York Drive were built. The club has operated under a Club Premises Certificate since the 2003 Licensing Act came into force. No complaints have been recorded by the Council’s licensing officers during the period for which records are available. However, we did hear that there were two reports of excessive noise in 2014 and 2015 and the residents who objected made reference to their concerns about noise and traffic. The club accepted that in 2023 the organizers of one event had played music without permission causing annoyance.

 

We also heard that the “Bowdenbury Music Festival” had been conducted under Temporary Event Notices with specified noise monitoring arrangements put in place in consultation with Environmental Protection. We noted the residents complaints about that festival and heard that it is unlikely to repeated as it clashed with the Applicant’s sporting event which take primacy.

 

We noted that during 2024 some 60 home matches were recorded on the club’s website as being played at home. The club has a history of hosting other social events at the club for the public good and provides a useful and valuable social resource to its community.

 

We noted that there is a dispute about the status of York Drive which runs from the B5162 South Downs Road to Theobald Road with an entrance to parking facilities at the cricket Club. The residents say that is a private road and argue that the cricket club has no right of way. The Cricket Club has contributed to the costs of maintaining the road and has established uses over it.

 

The argument as to a lack of a right of way sits uneasily with there being an established entrance to the club’s ground, one of its car parking areas, to other housing in Theobald Road and to two schools.. It is clear to us that the road represents a public right of way, however for our purposes it is unnecessary to explore that issue further in the absence of prior complaints and a representation from Highways.

 

We noted that several of the representations concerned the use of York Drive by motorists for the purpose of travel to the licensed premises and for the purpose of parking. We heard that during larger events parking on the cricket clubs parking areas is not allowed. We also noted arrangements that were recently put in place to use the adjacent school grounds for parking and noted that the Cricket Club allows parents dropping and collecting children to use their car park to avoid excessive congestion on York Drive.

 

In the absence of prior complaint or representations from Highways or the Emergency Services as to improper use of that road, we were not of the view that it was appropriate to impose conditions upon the licence about the use of that road. Neither were we persuaded that the licence holder could properly enforce any such conditions, noting as we must that parking enforcement is a responsibility of the local authority.

 

We noted that one proposition advanced by Kuits was that the premises licence should only take effect if the existing Club Premises Certificate were revoked or surrendered. We reminded ourselves that section 2(3) of the Licensing Act 2003 is explicit in declaring that there can be coexisting licenses or permits that apply to the same premises at the same time and that were there to have been any doubt in that position it was confirmed in the judgment in R. (on the application of Extreme Oyster) v Guildford BC [2013] EWHC 2174 (Admin).

 

We do not have any application in respect of the Club Premises Certificate before us. Having regard to section 2(3) of the Licensing Act 2003 we decline to make the direction sought by Kuits. We do however consider that there should be a condition that makes clear when authorised activities are taking place under the aegis of the Club Premises Certificate or the Premises Licence and we will therefore include a condition that:

 

Whilst and for so long as the premises has the benefit of a Club Premises Certificate and a Premises Licence:

a.         Events will be deemed to be regulated by the Club Premises Certificate when the premises are open only to members of the club and their bona fide guests.

b.         Events will be deemed to be regulated by the Premises Licence when the premises are opened for the admission of members of the public.

c.         The premises licence holder shall make a record of the times at which the premises were open to the general public and produce that to the licensing authority on request.

We noted that several of the representations concerned the issue of noise nuisance emanating from the premises. We noted once more the absence of prior complaints, save for those recorded in 2014 and 2015, together with the conceded use of unauthorized music by an event organizer last year. We noted that the only representation from a responsible authority was from Environmental Health about noise and we noted that the Applicant had agreed to abide by the proposed conditions suggested by Environmental Health and had incorporated those conditions into their operating plan. We heard from Ms. Ali that the conditions were deemed by her department to be acceptable mitigation to the perceived problem. We consider that be sufficient to promote the licensing objectives as to noise nuisance.

 

We went on to consider the representations for reduced hours and limits on the number of licensable activities that are to take place. We took note that the Applicant intends to do no more than they have previously done in the past utilizing Temporary Event Notices. We considered that the issue of a premises licence provided greater oversight and protection to local residents than the continued use of TENS.

 

In such circumstances we were not persuaded that it was necessary or proportionate to impose any greater limitation on the conduct of regulated activities on the premises and we were minded to grant the application as applied for subject to the inclusion of the additional condition mentioned above and adopting the voluntary conditions proposed by the Applicant as they appear in Appendix G and as set out in the schedule to this decision notice.

 

We therefore resolved to GRANT a premises licence subject to the terms and conditions shown in the schedule below.

 

RIGHT OF APPEAL

 

 

1. The:
   1. Applicant, and:

 

 

may appeal against this decision within 21 days from which this notice of the decision was received by them.

2. Any appeal must be made to:

 

Greater Manchester Magistrates’ Court

Crown Square

Manchester

M60 1PR

         

Tel:               0161 830 4200

E mail:          gmmanmags@justice.gov.uk

 

         

 

SCHEDULE

 

 

Conditions applied to the Premises Licence:

 

PERMITTED HOURS

 

Alcohol – On sales

Monday to Saturday           10.00 – 01.00

Sunday                              10:00 – 23:00

 

Recorded Music (indoors/outdoors)        

Monday to Saturday           09:00 – 01:00

Sunday                              09:00 – 23:00

 

Live Music (indoors/outdoors)                

Monday to Saturday           12:00 – 01:00

Sunday                              12:00 – 23:00

 

          Dance (indoors/outdoors)            

Monday to Saturday           18:00 – 01:00

Sunday                              18:00 – 23:00

 

Films (indoors/outdoors)                        

Monday to Saturday           10:00 – 00:00

Sunday                              10:00 – 23:00

 

Plays (indoors/outdoors)                        

Monday to Saturday           10:00 – 00:00

Sunday                              10:00 – 23:00

 

Indoor sporting event        

Monday to Saturday           08:00 – 00:30

Sunday                              08:00 – 23:30

 

Opening Hours

Monday to Saturday           07:00 – 01:30

Sunday                              07:00 – 23:30

 

CONDITIONS

 

In addition to the statutory mandatory conditions the licence is subject to the following conditions:

 

APPLICATION

 

Whilst and for so long as the premises has the benefit of a Club Premises Certificate and a Premises Licence:

a.         Events will be deemed to be regulated by the Club Premises Certificate when the premises are open only to members of the club and their bona fide guests.

b.         Events will be deemed to be regulated by the Premises Licence when the premises are opened for the admission of members of the public.

c.         The premises licence holder shall make a record of the times at which the premises were open to the general public and produce that to the licensing authority on request

 

 

SECTION 1 – NOISE

 

The bonfire event date is not included within section 1 so long as it is run the same as in previous years.

 

1.1 Noise from music and associated sources (including DJ's and amplified voices) shall not be audible to such an extent that it constitutes a nuisance at any noise sensitive properties.

 

1.2 All external doors and windows shall be kept closed after 22:00h when regulated entertainment is being provided inside the premises except in the event of an emergency.

 

1.3 There shall be placed at all exits from premises in a place where they can be seen and easily read by the public (or members and their guests) notices requiring customers to leave the premises and the area quietly.

 

1.4 No fireworks or other pyrotechnics shall be used other than with the prior consent of the Licensing Authority (except for the annual Bowdon Bonfire and Fireworks Display).

 

1.5 Outdoor events relating to films and plays, shall not be permitted outside the following hours: 10.00h to 23.00h on any day.

 

1.6 Outdoor events relating to the performance of dance shall not be permitted outside the following hours: 18.00h to 22.00h on any day.

 

1.7 For outdoor areas, regulated entertainment involving live and/or recorded music shall only be played within a temporary building or marquee on the licensed premises:

 

1.7.1     between the hours of 12.00h to 22.00h on not more than 4 days in any calendar year; and in addition

 

1.7.2     between the hours of 18.00h and 22.30h for live and/or recorded music and on the same day between the hours of 22.30h to 00.30h for recorded music only on not more that 4 days in any calendar year.

 

For the avoidance of doubt 1.7 means a maximum number of 8 such events in any  calendar year.

 

1.8  For the outdoor events involving the provision of regulated entertainment that take place at the premises (including within a temporary building or marquee), the Premises Licence Holder must ensure that a Noise Management Plan (NMP) is submitted to the Licencing Authority for approval. The NMP would be subject to review in response to any complaints made by residents, and/or concerns raised by the Licensing Authority.

 

All regulated entertainment under the provisions of the Premises License shall be conducted in accordance with the relevant NMP, or any subsequent NMP that has been approved in writing by the Licensing Authority.

 

1.9 The Premises Licence Holder shall write to residents of streets specified by the  

Licensing Authority at least 14 days before an event where live/recorded music is to be played within a temporary building or marquee (apart from the annual Bowdon fireworks event), giving pre-event information including but not limited to when sound checks may be conducted, the times of the performance and associated firework displays and a key point of contact hot-line phone number manned at all times during the event.

 

Any complaints regarding noise received from local residents via the hot line   number or any other channels shall be logged and dealt with by the site manager, who shall put in place any necessary and practicable measures to address the issue.

 

SECTION 2 - LICENSABLE OUTDOOR EVENTS WITH A CAPACITY OF NO MORE THAN 499 PERSONS

 

2.1      In this section “Capacity” means all persons attending the event or who are upon the licensed premises

 

2.2      The Premises Licence Holder shall produce and retain an Event Management Plan for an event with a capacity of fewer than 500 persons and shall supply the EMP to the Licensing Authoriry on request.

 

SECTION 3 - LICENSABLE OUTDOOR EVENTS WITH A CAPACITY OF BETWEEN 500 AND NO MORE THAN 4,999 PERSONS

 

3.1      In this section “Capacity” means all persons attending the event or who are upon the licences premises.

 

3.2      Each calendar year a minimum of 2 months’ notice (or such lesser period as the Licensing Authority may reasonably agree) will be given to the Licensing Authority and Responsible Authorities of the date of any proposed event together with a brief description of the licensable activities proposed.

 

3.3      The Premises Licence Holder shall produce and retain an Event Management Plan and shall supply that Event Management Plan to the Licensing Authority on request.

 

SECTION 4 - LICENSABLE OUTDOOR EVENTS WITH A CAPACITY OF 5,000 PERSONS OR MORE

 

4.1      Each calendar year a minimum of 3 months' notice (or such lesser period as the Licensing Authority may reasonably agree) will be given to the Licensing Authority and responsible authorities of the date of any proposed event together with a brief description of the licensable activities proposed.

 

Capacity

 

4.2      In this section "Capacity" means all persons attending the event or who are upon the Licenced Premises.

 

4.3      The Capacity will not exceed the maximum capacity permitted by the Premises Licence.

 

4.4      The occupancy of the Licenced Premises will be continuously monitored.

 

4.5      Appropriate arrangements by way of barriers, gate systems, security or other provision will be made, in agreement with the Responsible Authorities, to prevent unauthorised access to the Licensed Premises and manage entry to the Licensed Premises.

 

4.6      Admission to the Licensed Premises will be by ticket only unless otherwise approved by the Licensing Authority. Ticket sales figures will be available upon request to the Licensing Authority.

 

4.7      Unless otherwise agreed with the Licensing Authority no more than 2 outdoor events with a capacity of more than 5,000 ticket holders shall be held on the Licensed Premises in any calendar year one of such events being the Bowdon Bonfire and Fireworks Display.

 

 

Maintenance of Event Management Plan

 

4.8      For licensable outdoor events with a capacity of 5,000 persons or more the Premises Licence Holder shall produce and retain:

 

4.8.1   An Event Management Plan – which may include, as appendices, the additional plans set out below.

 

4.8.2   An Alcohol Management Plan and drugs policy.

 

4.8.3   Incident contingency and emergency plans (including a Major Incident Plan).

 

4.8.4   A first aid plan.

 

4.8.5   A fire safety plan.

 

4.8.6   A site safety plan including details of electrical installations and lighting arrangement which shall include a Safety Policy and Risk Assessment to include details of arrangements for co-ordinating and controlling event safety on site, details for the provision of cleaning and maintenance of sanitary accommodation, washing facilities and drinking water, details of the arrangements and facilities for disabled persons.

 

4.8.7   A crowd management, stewarding and security plan.

 

4.8.8   A noise management plan.

 

4.8.9   A traffic management plan.

 

4.8.10 Safeguarding: Children and Disabled Persons

 

4.8.11   Details for the reception, collection and disposal of waste.

 

4.9 Blank

 

4.10    The draft Event Management Plan and its subordinate plans set out within 2.8 above shall be produced to the Licensing Authority at least 6 weeks before an event to be held under the provisions of this section, or within such lesser period as may be agreed by the Licensing Authority.

 

4.10.1 A final Event Management Plan shall be produced to the Licensing Authority at least 7 days before the event.

 

4.10.2 For the avoidance of doubt the Licensing Authority may agree to different dates for the production of one or more of the subordinate plans set out in 2.8 above.

 

The Event Management Plan

 

4.11    All events shall be managed in accordance with the Event Management Plan and must be made available to authorised officers of the Local Authority or GMP upon request. Any material changes to the final or subsequenly amended Event Management Plan must be communicated to all Responsible Authorities within one working day of that amendment.

 

4.12    The Event Management Plan shall include the names, contact email addresses and telephone numbers of the person and/or organisations and key person within any organisation responsible for:

 

4.12.1 Overall event safety control;

 

4.12.2 Medical and first aid provision;

 

4.12.3 Site management and the structural integrity of all temporary structures;

 

4.12.4 Crowd management, stewarding and security;

 

4.12.5 Fire safety and control;

 

4.12.6 Configuration and control of sound systems;

 

4.12.7 Management of on-site car parking;

 

4.12.8 Management of concessions and franchises;

 

4.12.9 Provision and maintenance of water supplies;

 

4.12.10 Welfare and provision of information;

 

4.12.11 Provision and maintenance of sanitary facilities;

 

4.12.12 Reception collection and removal of litter and other waste.

 

4.13    The Event Management Plan shall include:

 

4.13.1 The proposed capacity for the event;

 

4.13.2 Plans detailing exits, entrances, temporary bars, marquees and all facilities to be provided;

 

4.13.3 Details of proposals for entertainments, together with information regarding any special effects;

 

4.13.4 Specification of the date by which obligations in the Event Management Plan must be complied with, such as, the provision of final plans, provision of information to Responsible Authorities for approval and completion of the infrastructure of the event.

 

4.14    The Event Management Plan shall require the Premises Licence Holder to maintain an incident log, which may held electronically and which shall be kept at the premises for at least six months, and made available on request to the police or an authorised officer of the Licensing Authority, which will record the following incidents including pertinent details:

 

4.14.1 All crimes reported to the venue, or by the venue to the police;

 

4.14.2 All ejections of patrons;

 

4.14.3 Any material incidents of disorder;

 

4.14.4 Seizures of drugs, drugs paraphernalia, offensive weapons or other prohibited items;

 

4.14.5 Any refusal of the sale of alcohol;

 

4.14.6 Serious medical incidents.

 

 

Overall Supervision – Designated Premises Supervisor and Safety Officer

 

4.15    Whilst the Licensed Premises are used for regulated entertainment, the Premises Licence Holder or some other responsible person nominated in writing by the Premises Licence Holder shall be in charge of and present at the Licensed Premises and shall be responsible for the carrying out of all conditions of the Premises Licence. In this connection the Premises Licence Holder shall appoint sufficient staff whose duties it shall be to exercise general supervision and to assist in the observance of the conditions of the Premises Licence.

 

4.16    The Premises Licence Holder will make adequate provision for monitoring and controlling the number of persons entering the licensed site and any temporary structures within it by way of fencing, gate systems, security or other provision to prevent unauthorised access to the licensed site or any part thereof.

 

Alcohol Management Plan and drugs policy

 

4.17    The Alcohol Management Plan will set out procedures to minimise any contribution to crime and disorder from the consumption of alcohol. This Plan will also set out procedures to minimise the occurrence of under age drinking, the supply of alcohol to persons under the age of 18 and the supply to persons who are drunk.

 

4.18    The Premises Licence Holder shall prominently display notices at bars stating it is an offence for persons under 18 to purchase or attempt to purchase alcohol.

 

4.19    The Premises Licence Holder shall take all reasonable steps to minimise the likelihood of supply or consumption of alcohol by persons under 18.

 

4.19.1 All staff will be encouraged to use "Challenge 25" age recognition policy;

 

4.19.2 Bar staff shall ask for proof of age by photographic identification from any person who appears to be under the age of 25;

 

4.19.3 Soft drinks and free drinking water shall be available on the Licensed Premises as an alternative to alcohol.

 

4.20    The Premises Licence Holder shall take all reasonable steps to prevent drunkenness or other disorderly conduct and shall not permit entertainments which are obscene, offensive to public decency or calculated to incite a breach of the peace.

 

4.21    The Premises Licence Holder shall prepare a drugs policy for events where appropriate which will be based on 3 core messages:

 

4.21.1 Prevention;

 

4.21.2 Preventing or discouraging the presence of drug dealers;

 

4.21.3 Welfare and treatment

 

4.22    Random searching may take place at all entrances and within the Licensed Premises for drugs, drugs paraphernalia, offensive weapons or other prohibited items. Searching of persons shall be carried out by members of the same gender. If appropriate, the ticket conditions shall indicate that searching will be carried out and there shall be signage with this message at all entrances.

 

4.23    The Premises Licence Holder shall ensure the display of health protection messaging to discourage smoking at the entrances to the premises.

 

Counter Terrorism

 

4.24    Team leaders will, as part of their preparation for an event, have completed the appropriate ACT Awareness package online or it’s equivalent.

 

Major Incident contingency and emergency plans (including a Major Incident Plan).

 

4.25    The Venue will maintain a Major Incident contingency and emergency plans (including a Major Incident Plan) which shall be made available to Responsible Authorities upon request.

 

4.26    The contingency plans should include, but not be limited to the following details:

 

4.26.1 Action to be taken in the event of fire or bomb alert;

 

4.26.2 Action to be taken in the event of failure of the electrical supply to the public address, emergency lighting or fire alarm systems;

 

4.26.3 The procedures for training of staff and stewards, sounding the fire alarm system and tackling fires;

 

4.26.4 The procedure for carrying out evacuation exercises or other emergency drills;

 

4.26.5 The identification and location of one or more areas of the ground which can be promptly made available for the treatment of casualties in the event of a large-scale incident, together with procedures for bringing this area into use;

 

4.26.6 Procedure for contacting the emergency services and details of local hospitals having accident and emergency departments;

 

4.26.7 The arrangements laid down for the safe evacuation of disabled persons, including entrance and exit routes.

 

First Aid Plan

 

4.27    The Premises Licence Holder will appoint a suitably competent provider to manage and provide suitably manned and equipped medical/first aid facilities to the satisfaction of the Responsible Authorities.

 

4.28    The Premises Licence Holder shall ensure that whenever the local temperature within the site is, or is forecast to be, 30 C or more during the event, or in circumstances where the Met Office or the UKHSA has declared a “Heat Health Alert” or an “Extreme Heat Warning”, that adequate supplies of water will be made available free of charge to all those attending the event by ensuring that one drinking tap providing portable water is available for each 3,000 persons on the  site and that supplies of free potable water are available at designated points.

 

Fire Safety Plan

 

4.29    A suitable and sufficient fire risk assessment will be completed for the event which will include, but not be limited to the following:

 

4.29.1 suitable fire alarm system;

 

4.29.2 suitable means of escape;

 

4.29.3 suitable occupancy levels;

 

4.29.4 correct maintenance of fire safety equipment;

 

4.29.5 Training for relevant staff on what to do in the event of a fire to include the evacuation of disabled persons, in so far as that is not included within the major incident plan.

 

Site Safety Plan

 

4.30.1 The Premises Licence Holder must complete, retain and make available for inspection, a written risk assessment.

 

4.30.2 Where those assessments relate to (a) an event where either the capacity attending the event exceeds 5000 , or (b) the nature of the event presents a high security or other risk in circumstances where the event is to run under the control of someone other than the Premises Licence Holder, that risk assessment must be produced to the Licensing Authority at least 7 days before the relevant event.

 

 

General

 

4.31    The venue and all equipment, furnishing, fittings and the like shall be constructed, provided and maintained so as to be in a safe condition for their intended use.

 

4.32    Suitable records shall be kept by the Premises Licence Holder or his agent regarding fire safety precautions and electrical installations.

 

4.33    Authorised officers of the Licensing Authority, authorised officers of the Fire Authority, the Ambulance Service or Police Officers shall have free access to all parts of the Licensed Premises for the purpose of inspection at all reasonable times.

 

4.34    The Premises Licence Holder shall ensure that the Premises Licence and all conditions attached thereto are retained at the Licensed Premises and are available for inspection at all reasonable times by authorised officers of the Licensing Authority, Fire Authority, Ambulance Service and Police Officers.

 

Lighting and Electrical Installations

 

4.35    Entrances and exits to the Licensed Premises including temporary structures within the Licensed Premises will be kept clear of obstructions at all times and will be adequately illuminated during periods of darkness.

 

4.36    Adequate lighting levels will be maintained within any temporary structure.

 

4.37    All electrical installations and equipment will comply with the general requirements of the Electricity at Work Regulations 1989 and with the general provisions of the Event Safety Guide or any replacement guidance. The Premises Licence Holder will employ competent persons to assess the electrical requirements at the event and the compatibility of the electrical supply with the equipment used and take all reasonable measures to ensure so far as is reasonably practicable the safety of all persons at the event.

 

4.38    All generators on the Licensed Premises shall be diesel driven.

 

Sanitary Provision

 

4.39    The Premises Licence Holder shall ensure that adequate sanitary provisions and hand washing and drying facilities are provided for the number of people expected to attend the event to the satisfaction of the Licensing Authority. Toilets shall be kept in good order and repair and serviced throughout the event to ensure they are kept safe, clean and hygienic. Toilets shall be supplied with toilet paper, in a holder or dispenser, at all times.

 

Signage

 

4.40    Suitable notices shall be provided throughout the Licensed Premises to indicate clearly the location of all available services and facilities such as sanitary accommodation, refreshments, drinking water, first aid points and exits, all of which shall be clearly signposted.

 

 

Refreshment Facilties

 

4.41    All food concessions shall be available for inspection at times suitable to the Council's Environmental Health Officers. Any food concession not complying with food safety or occupational Health and Safety at Work Requirements or Street Trading Regulations will be closed upon request of the appropriate Licensing or Enforcement Officer

 

4.42    No glass containers or glass bottles shall be sold on the Licensed Premises without the prior approval of the Licensing Authority. The Premises Licence Holder shall also take appropriate measures to prevent glass containers, glass bottles or cans being brought onto the premises by the public. Consent for the sale of cans containing alcohol at events is permissable only where the contents of the can is decanted into a plastic or cardboard container unless otherwise reasonably agreed by the Licensing Authority.

 

Details of the arrangements and facilities for disabled persons

 

4.43    The Site Safety Plan shall include written details of the arrangements and facilities for disabled persons.

 

Crowd Management, Stewarding and Security Plan.

 

4.44    The Premises Licence Holder shall maintain good order in the Licensed Premises by the deployment of stewards.

 

4.45    The Premises Licence Holder will to the satisfaction of the responsible authorities produce a full stewarding/security plan which will be contained within an Event Management Plan.

 

4.46    Stewards must be competent for their purpose, not less than 18 years of age, adequately trained and instructed in their duties, and thoroughly briefed before the bonfire starts.

 

4.47    All stewards and security officers shall be easily identifiable and have appropriate training for their duties.

 

4.48    All Stewards shall be controlled from the central control point and shall be under the control of supervisors, equipped with suitable means of communication to the Event Control Team. While on duty they shall not be engaged on other activities which would prevent them from carrying out these functions.

 

4.49    All stewards shall be made aware of the position and arrangements for First Aid.

 

4.50    Stewards shall be positioned at all exits and at key points where control is most needed.

 

4.51    Stewarding shall be carried out in accordance with the Stewarding Plan save for any amendments or variations at the direction of the event control or security teams made necessary in the interests of the safety or security of persons attending the event or living in the immediate vicinity of the Licensed Premises by circumstances arising on the day(s) of the outdoor event(s).

 

4.52    Where individuals are required on the Licensed Premises to carry out licensable security activities under the Private Security Industry Act 2001 they must be licensed by the Security Industry Authority.

 

Traffic Management Plan

 

4.64    A Traffic Management Plan and associated risk assessment shall be produced, maintained and made available to the Local Authority at least 21 days before the event in consultation with Police and other appropriate responsible authorities to minimise unreasonable disturbance to local residents.

 

4.65    The Traffic Management Plan and an accompanying risk assessment will detail how vehicle movements within the ground are controlled and must include the following:

 

4.65.1 Details of vehicles arriving on site throughout the build of the event, the day of the event and post event;

 

4.65.2 Details of where vehicles are parked on site;

 

4.65.3 Details of how pedestrians and vehicles are segregated;

 

4.65.4 Details of how sufficient lighting is provided to areas where vehicle movements occur;

 

4.65.5 Any additional controls as identified by the risk assessment.

 

4.66    Vehicle movements within the Licensed Premises will be limited to those which are essential and will be controlled to ensure safety of the public and staff.

 

Safeguarding: Children and Disabled Persons

 

4.67    The Premises Licence Holder will ensure that arrangements and provision for disabled persons, namely access and egress, sanitation facilities and viewing areas are provided and maintained for each event to the satisfaction of the Responsible Authorities.

 

4.68    The Premises Licence Holder will carry out a risk assessment for every event to consider the implications of attendance of children at the event.

 

4.69    At events when children are present, parents and guardians will be advised to instruct children to contact security, stewards, police or first aiders if they become separated.

 

4.70    Staff at the event will be briefed with the protocol for appropriately escorting and caring for children until they are reunited with parents / guardians.

 

4.71    Where the event involves the display of cinematic films, the following certification shall be used on all promotional material, tickets and entrances:

 

U	Universal;
PG	Parental Guidance;
12/12 A	Passed only for viewing by a person aged 12 or over or persons under the age of 12 if accompanied by an adult;
15	Passed only for viewing by persons aged 15 or over;
18	Passed only for viewing by persons aged 18 or over.

 

4.72    Entrance to any such entertainment shall be restricted so that persons under the appropriate age limit are not able to gain entry to such entertainment.

 

4.73    Appropriate signage will be in place warning of any age restrictions.

 

Details for the reception, collection and disposal of litter and other waste

 

4.74    The Premises Licence Holder will produce a Waste Management Plan for the Licenced Premises

 

4.75    The Premises Licence Holder will ensure that waste generated from the sanitary facilities is properly disposed of with details being contained in the Waste Management Plan.