Agenda item

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Knightsbridge and Belgravia Ward / not in cumulative impact area

Winter Wonderland, Hyde Park, Serpentine Road, W2

New

16/08484/LIPN

Conditions attached to the Licence

Mandatory Conditions

1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

4. (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 nay 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 in unable to drink without assistance by reason of a disability).

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

6.    (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.

7.    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.

A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

8(i) 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.

8(ii) For the purposes of the condition set out in paragraph 8(i) above –

(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.

8(iii). Where the permitted price given by Paragraph 8(ii)(b) above 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.

8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above 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.

9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.

10. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.

Conditions Consistent with the Operating Schedule

11. When alcohol is sold at the event the following conditions shall apply to all bars, both for the public and in hospitality areas:

(a) Bars shall not be permitted to run price promotions, happy hours or other promotions designed to encourage excessive drinking.

(b) Bars shall be closed no later than the event finish time.

12. Drinks shall not be sold or served in glass vessels or containers. They should also not be served in any measure greater than a pint. The exemptions to this are:

a) In designated controlled areas - such as in VIP or Hospitality areas- as pre agreed by the Licensing Safety Advisory Group.

b) When alcohol is bought as a 'gift' in a sealed container, for the main purpose of being consumed off site.

13. The Premises Licence Holder shall undertake reasonable prevention methods to deter members of the public from either bringing into or removing any alcohol from the licensed area, with the exemption of alcoholic 'gifts' that are permitted to be sold in the licensed area, in a sealed container, for the express purpose of being consumed off site.

14. Substantial food and non-intoxicating beverages, including drinking water, shall be available throughout the permitted hours in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

15. At all locations where alcohol is sold, the name and contact telephone number of the Designated Premises Supervisor shall be displayed in a prominent position on the premises, so that is it clearly visible. The named Personal License Holder for that location will also be displayed with their contact telephone number.

16. A communication system must be provided to ensure the effective operation of the site under both normal and emergency evacuation conditions. The Premises Licence Holder must provide an adequate incident control centre and a rendezvous point for the Police and other emergency services.

17. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. Full details to be agreed 28 days in advance as part of the event management plan given under public safety.

18. All entry and exit points shall be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.

19. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested. This is in addition to the operator of the CCTV system.

20. The Premises Licence Holder shall comply with all reasonable requirements of the Royal Parks, Westminster Police Licensing Team, Environmental Health Consultation Team, Westminster City Council, the London Fire and Emergency Planning Authority and the Metropolitan Police Service.

21. On request of a Police Officer any individual unit as defined in the event management plan shall immediately cease all licensable activities and only resume licensable activities when authorised by a police officer at the request of the Winter Wonderland management.

22. Door supervisors:

(a) A minimum of 30 SIA licensed door supervisors shall be on duty at the premises at all times whilst it is open for business including the CCTV operators.

(b) Of those there shall always be at least 8 Door Supervisors on duty at the Bavarian Village.

(c) The number shall be increased at a ratio of 1 Door Supervisor per 100 customers in any location which is an enclosed location where alcohol is sold up to the maximum capacity of the premises in accordance with the schedule submitted as part of the event management plan for the day.

(d) All SIA Door Supervisors shall wear High Visibility Jackets at all times they are on duty with the exception of the Cash In Transit and covert security teams.

23. It shall be a condition of entry that the customer agrees to an outer clothing and bag search being carried out or refusal of entry will be given, and notices to that effect shall be displayed. The management in full consultation with the DPS, Personal Licence holder operating in that area, Head of Security and the SIA Door Supervisors on duty will action as to when and whom is searched and a record of any decisions to be made. In making these decisions full consultation and advice from either the Metropolitan Police will be taken into account.

24. Membership of the Licensing Safety Advisory Group shall include as a minimum; the premises licensee, the event organiser (where the Licensee is not the event organiser), the Licensing Authority, The Royal Parks, Westminster Police Licensing Team, Environmental Health Consultation Team, Westminster Special Events & Emergency Planning, Metropolitan Police Service, LFEPA, London Ambulance Service and Transport for London. Additional members shall be invited as appropriate for each meeting.

25. Unless otherwise agreed, no later than 14 days prior to the event plans of the layout shall be submitted to the Licensing Safety Advisory Group and any other authorities requiring them.

26. Unless otherwise agreed, no later than 14 days prior to the event the Premises Licence holder must ensure an Event Management Plan is presented to the Licensing Safety Advisory Group, or their authorised representative for their comment and advice. The Event Management Plan shall include, as a minimum:

(a) Emergency and Evacuation procedures;

(b) Crowd management and stewarding arrangements;

(c) A detailed plan showing site layout and emergency egress points;

(d) A detailed plan showing CCTV locations installed by the Premises License Holder;

(e) Risk Assessments

(f) A schedule detailing types and locations of emergency equipment

(g) Sanitary accommodation

(h) The capacity of the fully enclosed locations where alcohol is sold.

27. So far as is reasonably practicable the Premises Licence Holder must ensure that the event is run in accordance with the Event Management Plan approved by the Licensing Safety Advisory Group.

28. Adequate medical and first aid cover and facilities appropriate to the licensed event must be provided and assessed by the Licensing Safety Advisory Group.

29. The Premises Licence Holder shall appoint and provide details to Licensing Safety Advisory Group or their authorised representative with the particulars of the nominated safety co-ordinator who shall carry out all reasonable requests made.

30. Details of all marquees, tented structures and temporary structures should be provided including emergency exits and signage, fire warning and fire fighting equipment.

31. All fabric, including curtains and drapes used on stage for tents and marquees, or plastic and weather sheeting, shall be inherently or durably flame retardant to the relevant British Standards. Certificates of Compliance must be available upon request by the Licensing Safety Advisory Group or their authorised representative.

32. Full structural design details and calculations of any structures as specified by

Westminster Building Control and not already subject to ADIPS to be erected within the licensed area, must be submitted to the Westminster City Council Building Control. A certificate from a competent person or engineer that a completed structure is erected in accordance with the structural drawings and design specification must be available for inspection prior to a relevant structure being used during the licensed event.

33. Where appropriate, capacities shall be set for the any temporary structures in

accordance with the Technical Standards for places of Entertainment and agreed in writing with the Environmental Health Consultation Team.

34. Any moving flown equipment must contain a device or method whereby failure in the lifting system would not allow the load to fall. All hung scenery and equipment must be provided with a minimum of two securely fixed independent suspensions such that in the event of failure of one suspension the load shall be safely sustained.

35. Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects shall only be used on 10 days prior notice being given to the Licensing Authority where consent has not previously been given.

• dry ice and cryogenic fog

• smoke machines and fog generators

• pyrotechnics including fire works

• firearms

• lasers

• explosives and highly flammable substances

• real flame

• strobe lighting

36. A written notice shall be given to the Environmental Health Consultation Team no later than 14 days prior the event of any performances which include animals.

37. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties (save insofar as they are necessary for the prevention of crime).

38. The Premises Licence Holder must maintain a regular safety patrol at all times when the public are present in the licensed area to check for and guard against possible emergency hazards. The area underneath any stage and fixed seating areas is to be kept clear of flammable materials.

39. The Premises Licence Holder must ensure that competent persons are employed to assess the electrical requirements at the event and the compatibility of the electricity supply with the equipment to be used. Appropriate safety devices (such as 30mA Residual Current Devices at Source) must be used for electrical apparatus, particularly for any electrical equipment exposed to adverse conditions or electrical equipment to be used in association with hand held devices (e.g. microphones). The competent person must make a certificate of inspection of the electrical installation available for inspection.

40. Emergency exits and entrances to the event area must be kept clear at all times and must be provided with clearly visible signage All parts of the licensed area intended to be used in the absence of adequate daylight and all essential safety signage shall be suitably illuminable.

41. Details of the locations and level of illumination must be submitted to the Hyde Park Licensing & Safety Advisory Group or their authorised representative. Electrical generators, where used, must be:

(a) Suitably located clear of buildings, marquees and structures, and free from

flammable materials;

(b) Enclosed to prevent power for the duration of the event;

(c) Able to provide power for the duration of the event;

(d) Back up electrical generators are to be provided to power essential communications, lighting and Safety systems in the event of primary generator failure, unless otherwise agreed by LSAG.

42. All spare fuel, including LPG, must be kept and stored safely in accordance with relevant Health and Safety legislation and suitable safety signage and fire fighting equipment provided.

43. The following noise conditions shall apply:

(a) No noise shall emanate from the premises which gives rise to a nuisance.

(b) The local residents and the relevant amenity group(s) in the vicinity of the Park, including the South East Bayswater Residents Association, Hyde Park Estate Residents Association and the Mayfair and St James Amenity Society and Peabody Grosvenor Estates Residents Association, shall be contacted as soon as reasonably practicable (and in any event no later than 14 days) prior to the event advising them of the times of the event and any sound check or rehearsal times and giving them a telephone number to contact in the event that they have any complaints.

44. During the build-up and break down of the events site, any activities that might cause noise to be audible outside the Park shall be limited to the hours of 08:00 to 20:00 Monday to Friday, and 10:00 to 18:00 Saturday and Sunday. Any generators, refrigerators or other machinery running overnight shall be silenced, screened or sited so as not to be audible outside the Park.

45. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

46. A sufficient number of easily identifiable, readily accessible receptacles for refuse must be provided, including provisions for concessions. Arrangements must be made for regular collection. Public areas must be kept clear of refuse and other combustible waste prior to, and so far as is reasonably practicable, during the licensed event.

47. After the event any litter remaining shall be collected and removed from the site as soon as physically possible, either overnight or starting daybreak the following day if it is considered impractical to collect the litter in darkness.

48. There shall be a welfare point (or equivalent area) for the reporting and management of lost children. The welfare point shall be staffed and trained (and appropriately certified by the Disclosure Barring Service) members of staff who will be in radio contact with the head steward and the safety co-ordinator.

49. The premises will operate a "Challenge 25" policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. The only forms of ID that will be accepted are passports, driving licences with a photograph or proof of age cards bearing the 'PASS' mark hologram. Suitable and sufficient signage advertising the "Challenge 25" policy will be displayed in prominent locations in the premises.

50. All staff members engaged, or to be engaged, in selling or delivery of alcohol on or from the premises shall receive the training in age-restricted sales.

51. All training records shall be made available to Police, officers of the licensing authority and Weights and Measures upon request.

52. The premises shall at all times maintain and operate an age-restricted sales refusals recording system (either in book or electronic form) which shall be reviewed by the Designated Premises Supervisor and feedback given to staff as relevant. This refusals recording system shall be available upon request to police, Licensing Authority staff and Weights and Measures.