Burnley Borough CouncilLicensing Unit

Retro in the Park

Towneley Park, Burnley, Lancashire, BB11 3RQ

Completed application 050440 which is a Cancellation/Surrender for Premises Licence from 07/06/2021 to 12/06/2024

Applicant(s)

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
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.

  1.              No supply of alcohol may be made under the Premises Licence -

  (a)              At a time when there is no Designated Premises Supervisor in respect of the Premises Licence; or

  (b)              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.

  3.              (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).

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

  5.              (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.

  6.              The responsible person shall 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.

  Minimum Drinks Pricing

  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 + (DxV)

                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 the 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.

  If the Premises Licence allows Exhibition of Films

  1. No film shall be exhibited unless:

  a. it has received a “U”, “PG”, “12A”, “15”, or “18” certificate of the British Board of Film Classification; or

  b. it is a current newsreel, which has not been submitted to the British Board of Film Classification.

  2. “18” Films

  No person apparently under the age of eighteen years shall be admitted to any exhibition at which there is to be shown any film which has received an “18” certificate from the British Board of Film Classification.

  3. “15” Films

  No person apparently under the age of fifteen years shall be admitted to any exhibition at which there is to be shown any film which has received an “15” certificate from the British Board of Film Classification.

  4. “12A” Films

  No person apparently under the age of twelve years shall be admitted to any exhibition unless accompanied by an adult at which there is to be shown any film, which has received a “12A” certificate from the British Board of Film Classification.

  5. “PG” Films

  Some scenes contained at which there is to be shown any film, which has received a “PG” certificate from the British Board of Film Classification, may be unsuitable for young children.

  6. “U” Films

  Films suitable for all is any film, which has received a “U”, certificate from the British Board of Film Classification.

  7. Permission of Licensing Authority

  Notwithstanding the above, a film may be exhibited, or persons, or any class of person, may be admitted thereto if the permission of the licensing authority is first obtained and any conditions of such permission are complied with.

   

  If the Premises Licence has conditions in respect of Door Supervision

  except theatres, cinemas, bingo halls and casinos

  1.Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:

  (a)              be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or

  (b)              be entitled to carry out that activity by virtue of section 4 of the Act.

  2.But nothing in subsection (1) requires such a condition to be imposed:

  (a)              in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c12) (premises with premises licences authorising plays or films); or

  (b)              in respect of premises in relation to:

             (i)   any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

             (ii)  any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act.

  3.For the purposes of this section:

  (a)              “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and, which is licensable conduct for the purposes of that Act, (see Section 3(2) of that Act) and

  (b)              paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

• ANNEX 2 - Conditions Imposed in Accordance with the Operating Schedule & Under Paragraph 18(4) & 18(5) Schedule 8 Licensing Act 2003

   

  The Operating Schedule will be subject to the contents of the Event Management Plan

  (EMP). This covers 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

  Missing & Found Child Policy (if appropriate)

  The full Retro in the Park EMP is attached to this application

  Prior to any function involving the attendance of more than 500 patrons, the Event

  Safety Advisory Group will be consulted, so long as the said group are in existence in

  the area

   

  Prior to any of the date 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 Licence shall be by ticket only. The

  premises licence 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 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.

   

  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 Burnley police informed immediately. Any drugs seized

  will be securely stored and handed over to police following any event. The Drugs Policy shall

  be subject to approval by Burnley Police, such approval is not to be unreasonably withheld.

   

  The premises shall operate a search policy to deter the carrying of drugs or weapons. Such

  Policy shall be written and subject to approval by Lancashire Constabulary, such approval is

  not to be unreasonably withheld.

   

  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.

   

  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 licence 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 Burnley Council for their approval.

   

  Noise from amplified music or voices shall not be such as to cause a noise nuisance to

  occupants of nearby premises.

   

  The premises license holder shall appoint a suitably qualified and experienced Acoustic

  Consultant in relation to the event. The Consultant shall advise on acoustic arrangements and

  sound levels prior to the event.

   

  Throughout the event, regular Noise Assessments will be completed by a competent person(s)

  at the boundary of any noise-sensitive premises. Steps shall be taken to reduce the level of

  noise, if the assessments deem it to be necessary. A record of these assessments shall be

  maintained, and shall include the time and location of each assessment, the person making it

  and the results - plus any remedial action taken (if required).

   

  The premises and its exterior shall be cleared of litter at regular intervals throughout an event,

  and fully and promptly following the end of an event.

   

  Notices will be positioned at the public exits to any event requesting customers to leave in a

  quiet and orderly manner.

   

  A telephone number for use of nearby residents to report any concerns or issues shall be

  established and published prior to each event, with all calls to that telephone number being

  logged - together with remedial action taken.

   

  Measures shall be implemented and adhered to in order to manage queuing outside the licensed

  premises, where necessary. Queuing lanes will be used where necessary to manage crowds.

   

  A dispersal policy shall be implemented and adhered to. Including the details of the positioning

  of staff and door staff to manage dispersal of customers from the premises.

   

  Entry to the licenses premises is only permitted to those over the age of 18 unless specifically

  marketed as a family 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. 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 must 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.

   

  Conditions agreed between the Premises Licence Holder and Burnley BC Strategic Health & Safety Advisor
   

  1.              Organiser to make arrangements for safety based on best practice, guidance and experience based on available industry and government guidance and organiser’s risk assessments and Council requirements as necessary

  2.              An Event Management Plan to be produced by the event organiser for each event and the final version to be made available to the Council ESAG group a month before the event date.

  3.              Any food, funfair or other concessions relating to the event to be informed to the Council ESAG group at least a month before the event date.

  4.              Security, Medical and Welfare supervisors to be DBS checked   (Our contact time with public is so limited that to require all staff to be DBS checked is too onerous - however, we will always have DBS checked supervisors on site who will manage and control all other staff)

  5.              A method of communicating with those residents, users or businesses that may suffer local area impact be proposed for each event - to include letter drops, contact number for organisers, etc.

  6.              Security to be provided pro-rata to the number of attendees all to be SIA accredited. (There is no requirement or ready reckoner in the purple guide - risk assessment per event is our preferred method in consultation with Burnley Council ESAG

  7.              Use of a local security company where practicable and advised through Burnley Council ESAG to identify potential persons who may cause a disturbance within the venue and ensure they are not admitted. 

  8.              Use of walk-through knife arches and drug sniffer dogs at all times for the identification of any drugs or bladed weapons.

  9.              All events to have Heras-style fencing double clipped and security to patrol as above; or use of steel-shield type perimeter fencing.  Use of screening and anti-climb fencing to be provided, as necessary based on risk assessment.

  10.              Compliance by event organisers with Burnley Councils events terms and conditions along with Council insurance guidance on events.

  11.              Compliance with the event agreement letter conditions as issued by Burnley Borough Council.

  12.              Access to all events to be made available to any Council officers for inspection of the site in accordance with agreed site-specific risk assessments and the Event Management Plan.

  13.              Details of any Riddor reportable accidents or other incidents to be forwarded within 24 hours to David Lawrence (Burnley Council Strategic Health and Safety Advisor). All other minor accident data to be presented post-event

  14.              Site visits to be made prior to any events involving Council officers and members of the Council Multi Agency Events Safety Advisory Group (ESAG) as required.

   

• ANNEX 3. Conditions attached after a hearing by the licensing authority

   

  None

• ANNEX  4 - Plan of Premises

   

  The official plan of the premises is attached and endorsed