Report of Chief Executive Officer by forrests



Joint Report of Portfolio Holder for the Environment and Portfolio Holder for Public Protection To CABINET On TH APRIL, 2006 27




The report outlines the requirement for the council to apply for and secure a Premises Licence, in accordance with the Licensing Act 2003 for the Town Centre pedestrian areas. A Premises Licence is required to enable a variety of events, entertainment and associated sale/consumption of alcohol to take place. 2. RECOMMENDATIONS

To be resolved by Cabinet (i) That the application for a Premises Licence for the pedestrian areas of the town centre for the stated indicative events, entertainment and sale/consumption of alcohol be approved. That the proposal regarding designation of the Town Centre Operations Manager as Premises Supervisor be approved. BACKGROUND In recent years, Mansfield Town Centre has hosted many events involving live entertainment, such as: Summer in the Streets, Christmas Lights Switch On, Carol Services, Christmas Choirs and Schools performances. Additionally, the Council have organised speciality markets including European Markets, Christmas Markets, Pot Fairs and Farmers Markets involving live music and the sale and consumption of alcohol. Prior to the Licensing Act of 2003, there was no Licence requirement for live entertainment on the Market Square. However, events involving sale and consumption of alcohol have always required a Liquor Licence that has been obtained in partnership with either a local landlord or the council’s Leisure Services Section. On these occasions the council has applied for a temporary outdoor Liquor Licence and the Town Centre Operations Manager has been appointed as the responsible person on site. The Licensing Act 2003 has a mandatory requirement to hold a Premises Licence in order to hold events that include live entertainment, sale of alcohol and/or other licensable activities. It is no longer possible for a temporary events notice to be granted for an event that will have an attendance of over 499. The Council are therefore required to obtain a

(ii) 3. 3.1





Premises Licence for the Town Centre in order to similar to those organised in the past. 3.5





To hold a Premises Licence, there must be an appointed Designated Premises Supervisor (DPS) who is responsible for the day –to-day running of the premises. The Premises Supervisor must be a personal licence holder and it is recommended that the Town Centre Operations Manager being the manager responsible for the town centre services and a personal licence holder, be designated the Designated Premises Supervisor. It is a requirement of the Licensing Act that the premises can only have one Designated Premises Supervisor. If it becomes necessary to change the Designated Premises Supervisor, the premises licence holder (the Council) would make a formal application for that change.


Premises Licence for the Town Centre 3.7 The licence application must stipulate; the area the Premises Licence is required for, type of licensable activities likely to take place in that area and the times of operation.

Areas of Land for which the Licence Applies 3.8 The land to be licensed is highlighted on the attached map (Appendix 1) and includes the streets in the town centre that are designated pedestrian areas.

Activities being Licensed and times of operation. 3.9 It is important that every eventuality is considered and the following are the recommended licensable activities based on previous events. Performance of outdoor plays between the hours of 0800 hrs and 2200 hrs  This would include school plays, theatre companies, charity events and entertainment at Summer in the Street.

The exhibition of outdoor films between the hours of 0800 and 2200  Outdoor films have been a part of the programme of entertainment for Summer in the Streets for the past three years.

The performance of live music between the hours of 0800 and 22:30  Live music has been a large part of the entertainment provided in the town centre. It includes School Choirs, Brass Bands, Church Choirs and live bands that perform at the Summer in the Street event and Christmas Lights Switch on.

The playing of recorded music between the hours of 0800 and 2200  Recorded music is frequently used at events to fill in between artist or in 2006 was part of the fire work finally at the Christmas Lights switch on.


The performance of dance between the hours of 0800 and 2200  Our yearly programme of entertainment will include a diverse programme as possible involving dance.

The facility to make music between the hours of 0800 and 2200  New and up coming artists are actively encouraged to perform in the town centre by playing their own music

The facility for dancing between the hours of 0800 and 2200  Where live music is played, audiences often like to participate in dancing

The supply of alcohol for consumption between the hours of 0800 and 2200  In recent years, the sale of alcohol has taken place at our specialist markets involving wine tasting at the European and Continental Markets, to encourage the customer to purchase. Also, at our Farmers Market, to celebrate Robbie Burns and our Christmas Market to celebrate Christmas, alcohol testing /consumption and sale has occurred. The council have also been approached by a wine maker who would like to take part in our monthly Farmers Market. It has been traditional at the Summer in the Street events to allow the audience to purchase both alcohol and soft drinks. The advantages of this is are as follows:1. The Council can manage and control the sale of food and drink by tendering the Concessions and only allowing tenders from traders with good past records and good references. 2. The Council can control the quantity of alcohol consumed by agreeing with the Concession Holder a price that makes the consumption of large quantities of alcohol price prohibitive. 3. The sale of Food and Drink Concessions generates a small amount of income for the Summer in Streets budget that can be spent on improving the event. 4. The Bar staff have always been of a very high standard and in accordance with Security Industry Authority (SIA) are all accredited in door security. When incidents of anti social behaviour have occurred in the events area the Bar staff have always assisted the Council’s Security Team in resolving the situation as soon as possible. 5. In accordance with the legislation, more than one licence may be granted for a parcel of land or that a temporary event notice may be served for land, most operators of licensable activities are expected to abide by the law of trespass and will not seek to use public land without prior permission. If occupation of land does arise without permission, the development of comprehensive evidence to back up the Council’s preferred use of the land may help support a defensive case. 3.10 For the Council to hold any of the above events it is now a requirement that the activity be authorised and included in a Premises Licence.

 


Who is notified of the application? 3.11 To ensure that all agencies are informed and have an opportunity to comment, the application is forwarded to the following:          3.12 The Licensing Officer Chief Constable of Nottinghamshire Nottinghamshire Fire and Rescue Service Mansfield District Council Senior Environmental Health Officer Principal Environmental Health Officer The Health and Safety Executive The Area Child Protection Committee The Local Planning Authority Trading Standard. an the the the

The public are also made aware of the application by the insertion of advertisement in the local newspaper and by displaying signs at and around premises for a period of 28 days. Any representations are considered by Licensing Managers and/or Licensing Act 2003 Committee in accordance with legislation.

Market Place Redevelopment 3.13 The market place development includes a specially designed Performance Area which will support an increased number of events, activities and performances within the town centre. The use of the new Performance Area also falls under the requirement to have a Premises Licence

Programme of Events 3.14 Appendix 2 details the actual number and type of events/entertainment that took place in the town centre pedestrian areas in 2005. Appendix 3 details the known/indicative list of events/entertainment planned for 2006 which will fall within a Premises Licence


Other Considerations 3.16 All events operated by the Designated Premises Supervisor will be in accordance with the Council’s Diversity & Equality and Risk Management Policies; Risk Assessments will be prepared for each large event that takes place. Consultation with the Police, Fire and other organisations will be carried out, in advance of the event taking place, and their views and advice taken. OPTIONS AVAILABLE Approve the report recommendations Amend the report recommendations BUDGET/RESOURCE IMPLICATIONS

4. 4.1 4.2 5.

The Premises Licence application fee is £100 with an annual charge of £70.




The holding of specialist markets and entertainment in the town centre aligns with the Councils Corporate Plan for Revitalising our District, town centres and neighbourhoods. 7. IMPLICATIONS RELATING TO RELEVANT LEGISLATION

The Licensing Act 2003 requires the organisers of events where there is live entertainment, sale of alcohol or there servicing of late night refreshment to hold a Premises Licence. 8. RISK ASSESSMENT

A most important factor to the revitalisation of Mansfield will be the holding of events and specialist market that will attract large numbers of visitors and shoppers. Failure to obtain a Premises Licence for Mansfield Town Centre will risk the ability to revitalise Mansfield. Without a Premises Licence the Council will be unable to operate the Market Launch Event due to take place in May 2006, the Summer in the Streets programme of entertainment, or the Christmas Light Switch On 2006. 9. CONSULTATION

Managing Director Head of Direct Services Head of Leisure and Technical Services Solicitor to the Council and Monitoring Officer 10. None BACKGROUND PAPERS

Key Officer Contact - Jan Clarke Humphries

To top