East Suffolk Council (North)East Suffolk House Riduna Park

Lowestoft Seafront (First Light Festival)

Kensington Gardens, & South Beach, Lowestoft, Suffolk

Completed application 022975 which is a New Application for Premises Licence from 22/06/2019 to 23/06/2019

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

  Where a premises licence authorises the sale of alcohol, the licence must include the following conditions:

   

  1. (1)  No supply of alcohol may be made under the premises licence -

   

           At any time when there is no designated premises supervisor in respect of the premises, or

           At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  (2)               Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  2.  (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).

   

  3. The responsible person must ensure that free potable water is provided on request to

  customers where it is reasonably available.

  4. (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 licence 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.

  5. 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;

  (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.”

   

   

  6.  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.

   

  6.1  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.

   

  6.2  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.

   

  6.3  (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.

   

   

  FILMS

  EXHIBITION OF FILMS

   

  1)      Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section -

   

  2)      Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  3)      Where -

  )          the film classification body is not specified in the licence, or

  )          the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  4)              In this section -

  “children” means persons aged under 18; and

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General conditions

  1. The Licence Holder shall ensure that the event will be run in accordance with the most up to date Event Management Plan

   

  b) - The Prevention of crime and disorder

  1. The Licence Holder shall ensure that experienced bar staff shall challenge anyone who appears under the age of 25 to provide age identification (valid photo ID) otherwise they will be refused the sale of alcohol.

   

  2. The Licence Holder shall ensure that the festival bar and any other drinks concessions serve drinks in recyclable vessels and not glass.

   

  3. The Licence Holder shall display prominent, clear and legible notices at all exits from the festival site requesting that all patrons respect the needs of local residents and to leave the area to encourage people to leave the premises and area quietly. 

   

  Conditions as required by the local Environmental Health Officer at East Suffolk Council

  1.              Required for the Prevention of Public Nuisance

   

  1.1 Amplified entertainments provided in the course of this event shall be subject to control by a comprehensive “Noise Management Plan” prepared by or on behalf of the applicant, which will be approved in writing by the Environmental Health Officer prior to the commencement of the event and shall:

   

  a)              Outline the methodology used for calculating and predicting noise levels arising from all aspects of the event (including any associated plant such as generators) at noise sensitive receptors on Kirkley Cliff Road, Kensington Road, Pakefield Street and Rectory Road.

   

  b)              Set out details of the methods proposed to be used to field-test (and make any necessary adjustments to) the modelling used to predict sound propagation from the event, to the noise sensitive receptors listed above after the amplification equipment has been set up but prior to the commencement of the event.

   

  c)              Set out details, including timings and parameters to be measured, of the monitoring to be undertaken by a competent person, at representative noise sensitive receptors throughout the duration of the event, to verify compliance with the music noise levels set out in the Noise Management Plan.

   

  d)              Set out details of the proposed arrangements for dealing with any exceedances of Music Noise Levels determined by the proposed monitoring detailed in point 4 above, in a timely and effective manner.

   

  e)              Set out contact details for responsible person/s capable of exercising control over noise impacts in a timely manner, where necessary.

   

  f)              Set out to demonstrate and achieve compliance with the standards described by the Noise Council Code of Good Practice for Controlling Noise from Concerts and Outdoor events or such other appropriate guidance as agreed in writing with the Environmental Health Officer.

   

  1.2 All details and results of checks and sound level monitoring undertaken in fulfilment of the Noise Management Plan shall be made available for examination upon request by the Environmental Health Officer and, in any case, retained and forwarded to the local authority within 28 days of the conclusion of the event.

   

  1.3 Where power generation requirements are to be met by the use of portable generators, the use type and construction and position and method and times of use shall be agreed beforehand in writing with the EHO

   

  2.              Required for the maintenance of Public Safety

   

  2.1 All water supplies provided in connection with the event intended or likely to be used for any domestic purpose (including drinking, cooking, food preparation or washing (regardless of whether it is supplied by private or public piped supply system, tankers, bottles or other containers) shall be capable of being used for those purposes without any potential danger to human health.

   

  2.2 The water thus supplied shall be “wholesome” as defined by the Water Industry Act 1991 and regulations made thereunder (such as the Private Water Supplies Regulations 2016 as amended). For this purpose, a comprehensive “Water Safety Plan” will be prepared and approved in writing by the Environmental Protection Team prior to the commencement of the event and shall:

   

  a)              Set out the proposed methods of meeting the water supply requirements of the event in terms of sufficiency and wholesomeness, including the audience, caterers, organisers, and persons camping.

   

  b)              Set out details of planned qualitative monitoring prior to and during the event, to demonstrate compliance with the wholesomeness criteria set out in the Water Act 1991 and regulations made thereunder.

   

  c)              Set out details, including timings, locations and parameters for sampling and testing to be undertaken by a competent person/s, to verify compliance with the wholesomeness criteria of the Private Water Supplies Regulations 2016 as amended.

   

  d)              Set out details of the proposed arrangements for dealing with any sample results, system failures or other circumstances which indicate any likelihood of potential danger to human health arising therefrom, in a timely and effective manner, including contingency arrangements to be enacted in the event of a supply failure. This is to include providing the Environmental Protection Team with the details of any failed samples, as soon as reasonably practicable after they are identified.

   

  e)              Set out contact details for responsible person/s capable of exercising control over water supply matters in a timely manner, where necessary.

   

  2.3 All details and results of tests, samples and analyses undertaken in fulfilment of the Water Safety Plan shall be made available for examination upon request by an Officer of the Environmental Protection Team. Records shall be retained and forwarded to the local authority within a week of the conclusion of the event.

   

  2.4 All samples taken in fulfilment of this condition must be taken by a competent sampler and all analyses undertaken in fulfilment of this condition must be by UKAS accredited by UKAS accredited laboratories.

   

   

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