West Northamptonshire Council

Racecourse (Open-air film & food festival)

Kettering Road, Northampton, NN1 4LG

Completed application 072339 which is a New Application for Premises Licence from 16/09/2021 to 19/09/2021

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• any playing of recorded music
• the sale by retail of alcohol

Additional Conditions

• MANDATORY CONDITIONS

   

   

  19              Mandatory conditions where licence authorises supply of alcohol

   

  (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.

   

• ADDITIONAL MANDATORY CONDITIONS.

   

  The following mandatory conditions are to be applied to the licence stated above in accordance with The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 as amended by the The Licensing Act 2003 (Mandatory Licensing Conditions)(Amendment) Order 2014.

   

  The following conditions shall come into force on 1st October 2014

   

  1.  (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).

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

  3.  (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.

  4.  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.”

   

   

   

                             

• The following mandatory conditions are to be applied to the licence stated above in accordance with The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014.

  The following conditions shall come into force on 28th May 2014

  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 rate 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) “valued 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 prie 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.

   

• Mandatory Condition Door Supervision

   

  (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, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.

   

  (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 (c. 12) (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

                (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 1 - MANDATORY CONDITIONS

   

  Mandatory condition: 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 -

   

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

  (b)              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).

• Conditions as per Operating Schedule

   

  Event planned using guidance from The Purple Guide. Full event management plan to be submitted with application.

  All members of staff to be aware of the event management plan and risk assessments.

   

  SIA accredited security guards on site.

  Bag searches performed at the gate where deemed necessary.

  Drink safe campaigns upheld on the bars.

  Eviction procedure in place.

   

  Full event safety plan available.

  8 event stewards working at all times.

  Covid risk assessment and plan available.

  Lost children/vulnerable adults policy in place.

  Two first aiders on site.

   

  Noise management plan available.

  Drink safe campaigns on the bar.

  Light pollution kept to a minimum.

   

  Lost children policy in place.

  Age verification checks at the gate where necessary.

   

   

• Conditions Agreed with Environmental Health

   

           The event organizer shall employ a suitably qualified noise consultant/ sound engineer to provide monitoring and control of the noise levels. The consultant/engineer shall submit a report verifying that the noise levels contained within the generic noise management plan produced for Adventure Cinema Ltd. by Vanguardia Ltd, dated 19th January 2021, Report Ref: VC-103441-NMP-0001 are met no later than 2 weeks after the event.

           The event organizer should ensure that the steps contained within the Noise Management Plan undertaken by Vanguardia Ltd, dated 19th January 2021, Report Ref: VC-103441-NMP-0001 are implemented and followed to ensure noise from the event is effectively managed.

           A sound propagation test will be undertaken prior to the first screening to establish entertainment noise levels at noise-sensitive receptor locations, so that adjustments can be made to the noise levels at source. The sound system will be configured and operated in a similar manner for all subsequent screenings. The source material used for the sound propagation test will be a film soundtrack that is typical for the genre of films to be screened.

           The sound propagation test will involve playing a soundtrack through the sound system and measuring the noise level within the venue and at the nearest noise-sensitive receptor locations (to be agreed in advance with Regulatory Services). The test should take account of all the physical factors (e.g. distance attenuation, reflections and meteorological conditions) such that the source noise levels can be adjusted to meet the off-site noise limits.

           Subject to agreement with authorised Officers from the Councils Regulatory Services Department, the noise level will be measured in the absence of entertainment noise Immediately before and after

  the propagation test to determine a representative background noise level, which will be used to inform the noise limit.

           Upon reasonable request from an authorised Officer of the Regulatory Services Department, the event organiser shall reduce the overall background noise level to an agreed acceptable level upon receipt of a valid noise nuisance complaint being made to the Council.

           No background music must be played past 23:00 hrs and on Sunday 22:30 hrs

           A letter will be sent to residents in the local area in advance of the event, providing schedule details including the time of the sound check, start and end times of each film and a contact telephone number for the appointed Noise Manager .

           Notices shall be prominently displayed strategically throughout the event field and exit(s) requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

           There shall be no admittance or re-admittance to the premises after 22.30 except for patrons permitted to temporarily leave the premises to smoke.

           No waste or recyclable materials, including bottles, shall be moved, removed from or placed in waste areas between 23.00 hours and 08.00 hours on the following day.

           Between the hours of 20:00 and 08:00, no work will be carried out that is audible at the closest noise sensitive receptor (to include setting up of the stage, audio and display equipment and dismantling it).

           No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 on the following day.

           No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.

           No generators shall be operated onsite between the 23:30 and 08:00 and specified to be less than 70 dB(A) Lp at 10 m. This limit is readily met by most approved suppliers where generators are housed in acoustic

  enclosures.

           During the hours of operation of the premises, the event organiser shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.