Licensing Section -EHDCEast Hants District Council

Country Market Field

Thai Food & Craft Festival, Osborne Farm, Kingsley, Bordon, Hampshire, GU35 0QP

Completed application 034306 which is a Change of Name/Address of Holder for Premises Licence from 16/05/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• the supply of alcohol
• a boxing or wrestling entertainment
• 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

Additional Conditions

•  

   

  Annex 1 - Mandatory Conditions

   

  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 characteristic 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: 25ml or 35ml; and

  (iii) still wine in a glass: 125ml;

  (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.

   

  5. No supply of alcohol may be made under the premises licence:

   

  at a time when there is no designated premises supervisor in respect of the premises licence, or

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

   

  6. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence (Section 19, Licensing Act 2003).

   

  7. Where this licence authorises the exhibition of films the admission of children must be restricted in accordance with the British Board of Film Classification.

   

  8.  Where this licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, these individuals must be licensed by the Security Authority (Section 21, Licensing Act 2003).

   

  9. (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 x V)

  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 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.

   

  10. Live/Recorded Music

   

  The provision of live and recorded music between 0800-2300 is not licensable (and so any conditions relating to the provisions of live or recorded music do not apply) if:

   

  The performance of live music is unamplified.

   

  The performance of live music is amplified and takes place to an audience of no more than 500 persons when the premises are open for the supply/sale of alcohol for consumption on the premises.

   

  The performance of recorded music takes place to an audience of no more than 500 persons when the premises are open for the supply/sale of alcohol for consumption on the premises.

   

   

   

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  A) General

   

  The licence shall have effect on two weekends every calendar year on a Saturday, Sunday and either the Monday immediately following or on the Friday immediately preceding, between 1st April and 31st October.  The holder of the licence shall notify the Licensing Authority of the proposed dates at least 28 days in advance of each event save that the first event to be held after the grant of this licence shall take place between 3rd and 5th May 2018.

   

  The Premises Licence Holder shall submit an initial Event Management Plan to the Hampshire Police Licensing Department at least 60 days in advance of the event.  A final Event Management Plan shall be submitted to the Hampshire Police Licensing Department at least 28 days in advance of the event. No changes to this EMP can be made without the written authorisation of the Hampshire Police Licensing Department.

   

  The Premises Licence Holder shall submit a site plan to Ordnance Survey standard (or similar) to the satisfaction of the Hampshire Police Licensing Department, at least 28 days in advance of the event showing the proposed layout including in particular the position of any beer tent/garden and any stage.

   

  B) The prevention of crime and disorder

   

  No glass drinking receptacles are to be used and all alcohol that is supplied in bottles shall be decanted into a non-glass drinking vessel before being handed to the customer.

   

  Customers shall not be permitted to bring their own alcohol onto the site nor any glass containers or bottles. Bottle banks shall be located at the event site entrances to facilitate disposal.

   

  All staff shall be issued with a wristband identifying them as staff working at the event.

   

  The Premises Licence Holder shall maintain a register giving details of each and every person employed in the role of a security guard and shall provide upon request by any Police Officer or Council Officer, the following details:-

   

  a. The licence number, name, date of birth and residential address ofthat person;

  b. The time at which he/she commenced that period of duty

  c. The time at which he/she finished the period of duty

  d. Any times during the period of duty when he/she was not on duty;

  e. If that person is not an employee of the licence holder, the name of the person by whom that person is employed or through whom the services of that person were engaged;

  f. The register shall be made available to Police or the Licensing Authority on request

  g. This register shall be in paper or digital format.

   

  Any person employed by the Licence Holder carrying out security/  marshalling/ stewarding activities shall wear a high visibility tabard/jacket clearly marked with their role on the back.

   

  Every entry/exit point to the venue shall be manned by an appropriately accredited SIA person. All accredited security persons shall be linked via radio.

   

  The Premises Licence Holder shall ensure that any person appearing to be under the influence of illegal drugs shall be refused entry.

   

  There shall be a written ejection policy in place for the event. This policy shall be agreed between the licence holder and the Police in writing and this policy shall be implemented whilst licensable activity is taking place.

   

  C) Public Safety

   

  There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials. A fire risk assessment shall be undertaken and fire safety

  precautions taken in accordance with the outcome of the risk assessment.

   

  The Premises Licence Holder shall not permit the following:

  a. Tattooing or other invasive skin piercing

  b. Any activity which involves members of the public inhaling gases or using herbal highs.

   

  Upon request by a responsible authority the holder of the premises licence or an agent acting on behalf of and under the authority ofthe licence holder shall provide precise information regarding the number of people present on the site at the given time during which licensable activities are taking place.

   

  There shall be a facility on site to deal with persons taken unwell or injured during the course of the event. This facility shall be open at all times that the site is open to members of the public.

   

  The medical facility shall have access to a radio connecting to the site control.

   

  D) The Prevention of public nuisance

   

  The licence holder or their representatives shall ensure that the volume of any amplified music is controlled so as not to cause a nuisance to occupiers of any residential accommodation in the locality. To that end, the music noise level (the LAeq of the music noise measured at a particular location) shall not exceed 65dB(A) over a 15 minute period throughout the duration of the concert and any rehearsals and sound checks.

   

  The holder of the licence shall ensure that immediately following the event, the licensed area is cleaned of all litter and other rubbish and that the same is properly disposed of.

   

  The Premises Licence Holder shall provide public information for local residents to include details of the opening times of the event, time that any music will cease, any road closure arrangements that may affect local residents and details of a dedicated telephone hotline number which residents can call in case of complaint.

   

  E) The protection of children from harm

   

  There shall be a Child Welfare Area within the licensable area (adjacent to the Event Control Centre) dedicated to dealing with child welfare and vulnerable adults. Persons staffing these areas shall be DBS checked. These checks and qualifications shall be documented and provided to Police on request.

   

  There shall be no less than two staff working in the Child Welfare Area when dealing with children. No person shall be left alone with a child I children at any time.

   

  There shall be a written policy in place stating how the event management shall deal with lost children and vulnerable adults.

   

  Wristbands enabling children to have parents contact details written on them shall be offered to children attending the event.

   

  There will be a Challenge 25 policy operating at the premises. Challenge 25 means that the holder of the premises licence shall ensure that every individual, who visually appears to be under 25 years of age and is seeking to purchase or be supplied with alcohol at the premises or from the premises, shall produce identification proving that individual to be 18 years of age or older.

   

  Acceptable identification for the purposes of age verification will include a driving licence, passport or photographic identification bearing the "PASS" logo and the person's date of birth. If the person seeking alcohol is unable to produce acceptable means of identification, no sale or supply of alcohol will be made to or for that person.

   

  'Challenge 25' posters shall be displayed in prominent positions at any location selling alcohol.

   

  F) Live/Recorded Music

   

  The provision of live and recorded music between 0800-2300 is not licensable (and so any conditions relating to the provisions of live or recorded music do not apply) if:

   

  The performance of live music is unamplified.

   

  The performance of live music is amplified and takes place to an audience of no more than 500 persons when the premises are open for the supply/sale of alcohol for consumption on the premises.

   

  The performance of recorded music takes place to an audience of no more than 500 persons when the premises are open for the supply/sale of alcohol for consumption on the premises.

   

   

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

   

  None.

Premises Plans

• Site Plans - Page 1 of 3
• Site Plans - Page 2 of 3
• Site Plans - Page 3 of 3