Appendix 2 - Conditions
Perth and Kinross Council · 13 November 2023
Back to Licensing Committee — 13 November 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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DRAFT CONDITIONS FOR THE MUGSTOCK MUSIC FESTIVAL AT STRATHALLAN ESTATE, AUCHTERARDER 1
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2 1 PLANNING AND ORGANISATION 1.1 These conditions are attached to the Public Entertainment Licence issued in terms of the Civic Government (Scotland) Act 1982 to ensure the Health, Safety, and Welfare of patrons, artists, crew, staff on site, and the wellbeing of the surrounding community. 1.2 The Licence Holder shall be fully conversant with the publication produced by The Health and Safety Executive “The Event Safety Guide – A Guide to Health, Safety, and Welfare at Music and Similar Events (HSG 195)”, the Purple Guide to Health, Safety and Welfare at Music and Other Events. All Fire Risk Assessments should comply with the Fire Scotland Act (2005) and Fire Scotland Regulations (2006). The Licence Holder shall at all times follow the guidance detailed therein unless subject to more specific requirements imposed by the Licence or imposed by virtue of any other enactment. 1.3 The Licence Holder shall have a primary and continuing obligation and responsibility to ensure the safety and health of all persons on the licensed site, both in normal and emergency situations, and shall take all necessary precautions to fulfill that obligation. 1.4 The granting of the Licence does not absolve the Licence Holder of any obligations he may have under other enactments and in particular the Health and Safety at Work Act 1974. 1.5 The Licence Holder shall take all necessary steps to inform any contractor, promoter, performer, or other person connected with, or involved with, the organisation of the event, of these conditions. It is the responsibility of the Licence Holder to ensure that any contractor, promoter, performer, or other person connected with the event does not breach, permit, or contribute to any breach of any term, condition, or restriction of this licence before, during, or after the event. 1.6 Except where otherwise stated all parts of the general Licence shall apply in respect of the car parks and campsite. 1.7 The Licence Holder shall provide a copy of a Risk Assessment survey to the Head of Legal Services (and such other officers as may be required) regarding the entire site not less than 4 weeks prior to the commencement of the event. 1.8 All officers of public authorities acting in the course of their duties and either in uniform or with the appropriate ID from that Authority together with an event pass, shall be permitted to enter the site or any part thereof at any time prior to, during or after the event for the purposes of inspection. They shall also be allowed to use such access or egress gates as are necessary if any urgent
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3 response is required. 1.9 The Licence Holder shall reach an agreement with all public authorities, including Police Scotland and Fire Scotland, prior to the event as to the reimbursement of costs incurred by the bodies in connection with duties undertaken in relation to the event. Such agreement shall be contained in formal documentation signed by the Licence Holder and submitted to the Head of Legal Services of Perth and Kinross Council or the Chief Constable or the Chief Fire Officer as appropriate not later than 21 days prior to the event and will include costs incurred, staff overtime, subsistence, and transport. 1.10 The Licence Holder shall reach an agreement with Police Scotland for such numbers of Police Officers to undertake duties in relation to the event as the Chief Constable considers necessary for securing the safety of persons present on the site or progressing to or from the site. 1.11 The Licence Holder shall be capable of being contacted by the Licensing Authority and Emergency Services throughout the duration of the event and 3 hours prior to the event. The Licence Holder shall always establish and maintain a communications link with the Emergency Services during the event and agree in writing with the Licensing Authority and Emergency Services a clear and effective system of communication, not later than 7 days prior to the commencement of the event. 1.12 The Licence Holder shall nominate specified staff to be available throughout the event to receive and respond to the requirements and notifications of any public authority. The Licence Holder shall appoint a suitably qualified and experienced person to act as the Event Safety Coordinator who will be responsible for:- (i) Liaising with sub-contractors to be employed at the venue to ascertain their competence. (ii) Assisting the Licensing Authority in the inspection of the venue before and during the event and in particular to meet with the Licensing Authority at specific times as detailed in Appendix 1. (iii) Assisting the Licensing Authority in the inspection of all structures and electrical services at the venue. (iv) Obtaining and checking all relevant risk assessments, safety policies, hand- over documentation, and Safety Certificates for submission to the Licensing Authority by the specified time. (v) Taking appropriate steps to ensure that any unsafe systems of work or the use of any unsafe equipment that is observed is halted until remedial action is taken. The Licence Holder’s own risk assessment. (vi) Liaising with representatives of the licensing authority, emergency services
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4 and other involved agencies. 1.13 The Licence Holder will:- (i) with the assistance of the relevant agencies detailed in Table 1 below, prepare Management Plans for the areas as detailed in Table 1. These plans will include all the relevant provisions to ensure the safety of the event, covering the activities as detailed in the third column of Table 1. (ii) ensure that the Management Plans are completed and agreed by all the agencies involved in their preparation by 1 July 2024. (iii) comply with all duties reasonably placed upon them by the Management Plans detailed in Table 1 below. Table 1 Management Plan Relevant Agencies Activities Covered Date for Plan Completion and Agreement by Agencies Crowd Management, Stewarding and Policing Perth and Kinross Council Scottish Fire and Rescue Scottish Ambulance Service NHS Tayside and Police Scotland Crowd Safety and management, policing, security within and around the venue, and preparing for contingencies. 1 July 2024 Traffic and Transport Management Perth and Kinross Council Scottish Fire and Rescue, Scottish Ambulance Service Travel & Transport arrangements 1 July 2024
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5 Management Plan Relevant Agencies Activities Covered Date of Plan Completion And agreement by Agencies. Welfare and Harm Reduction Plan Scottish Ambulance Service, NHS Tayside, and Perth and Kinross Council. Medical provision Public Health Food Safety Health and Safety at Work including fire safety in concessions. Welfare and Advice Water Safety 1 July 2024 Environment Plan Perth and Kinross Council Campsite welfare Toilet/facilities Drainage/sewerage Waste Management & Recycling Water supply and quality 1 July 2024 Noise Management Plan Perth and Kinross Council Music PA systems Campsite entertainment 1 July 2024 Structures and Fire Safety Plan Perth and Kinross Council, Fire Scotland Fire safety Building Standards Safety and Structures Disability Access 1 July 2024
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6 1.14 The Licence Holder will obtain the necessary alcohol licence in terms of the Licensing (Scotland) Act 2005 with regard to the sale and supply of alcohol. 2 THE SITE 2.1 The Licence Holder or nominated representative shall be in charge and be present on the licensed site at all times members of the public are present. 2.2 The site comprises the area of ground delineated in the site map, which shall include the campsite and car parking areas. 2.3 There shall be an on-site inspection of all facilities to be provided under the Licence Conditions at the times specified in Appendix 1. 2.4 Not less than 28 days prior to the commencement of the event, the Licence Holder shall provide to Fire Scotland, Police Scotland, and the Licensing Authority such numbers of sets of “Agreed Maps” in the appropriate grid format as they may require. The “Agreed Map” shall clearly show all parts of the site, including the areas used for camping, car parking, all access and egress points (including emergency access and egress points), all emergency vehicle rendezvous points, on-site access roads, and fire points. The site boundary shall be clearly defined in the plan. 2.5 The Licence Holder will ensure that all facilities on site are adequately illuminated at night including information points, access routes from car parks, gates, and thoroughfares where hazards exist. Provision will be made for backup lighting in the event of failure. 2.6 Times of opening and musical entertainment both in the arena and the campsite are detailed in Appendix 2. 3 CROWD MANAGEMENT 3.1 The total attendance including ticket holders and guests during the whole period of the event should not exceed 4,999 on any day. 3.2 Admission shall be by ticket or by artist, crew, trader, or guest pass. The total ticket sales during the whole period of the event shall be as detailed in Appendix 3. The ticket attendance may only be increased subject to written
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7 agreement with the Licensing Authority Notwithstanding this, the number to be agreed in advance with the Licensing Authority will not result in the occupant capacity specified in Condition 3.1 above being exceeded. The facilities required and means of escape will reflect any agreed increases in attendance. 3.3 The total Camping attendance during the whole period of the event shall be as detailed in Appendix 3. 3.4 The Licence Holder shall provide camping pitches at the site to a level or standard as required or agreed by the Licensing Authority and the Emergency Services. No camping will be permitted in any fields used for the parking of vehicles. Camping areas for campervans/caravanettes or similar shall be subject to Fire Scotland approval. 4 ACCOMMODATION 4.1 The Licence Holder shall provide to the satisfaction of the Licensing Authority and Emergency Services a suitably equipped Emergency Liaison Centre to accommodate the representatives of the Emergency Services and Perth and Kinross Council responsible for the implementation of the Emergency Plan which meets with the appropriate requirements. 5 INSURANCE 5.1 The Licence Holder shall maintain in force at all times during the period of the Public Entertainment Licence Public Liability Insurance in the amount of £10,000,000 for any one occurrence in respect of the site and Employer’s Liability Insurance with a minimum Indemnity Limit of £10,000,000 any one occurrence. 5.2 The policy should include Legal Liability for the actions/negligence of the Licence Holder’s sub-contractors. 5.3 The policy shall be exhibited to the Licensing Authority no later than 7 days prior to the commencement of the event. 5.4 The Head of Legal and Governance Services, in consultation with the Convenor of the Licensing Committee, will finalise any necessary adjustments to the licensing conditions prior to the 2024 event.
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8 6.0 NOISE 6.1 The Licence Holder shall ensure that the music noise level shall not exceed 45dBLAeq over any 15-minute period during the performance, rehearsal, or sound check between the hours of 22:00 - 1:00 am when measured outside the window of any dwelling house or other noise-sensitive premises. 6.2 The Licence Holder shall ensure that the music noise level shall not exceed 65dBLAeq over any 15-minute period during the performance, rehearsal, or sound check between the hours 10:00 - 23:00, when measured outside the window of any dwelling house or other noise-sensitive premises. 6.3 The Licence Holder shall nominate a contact person (or persons) who shall be present during the entire event to control noise levels and an undertaking given that should noise nuisance conditions occur, levels can be suitably adjusted on the request of an Officer from the Environmental Health Team or Police Officer. 7 DEFAULT 7.1 The Chief Constable, the Chief Fire Officer, the Senior Licensing Authority Officer, and the NHS Tayside Consultant in Public Health Medicine, or their respective authorised representative, shall be entitled to order termination of the event should the interests of the public safety so require. Without prejudice to the foregoing, any major default of these licensing conditions shall entitle the above-named persons to order termination of the event. In this 8 connection “termination” may include a temporary suspension of whatever period the foregoing Officers may reasonably determine. Any such actions should be taken only following consultation with all public authorities and the Event Manager, before ordering such action. 8 COMMUNICATIONS 8.1 The Licence Holder shall provide a public address system which shall:- (i) be capable of broadcasting information in the event of an emergency. (ii) be capable of overriding any other system within the site, including live entertainment equipment. (iii) be clearly audible throughout the arena (loudhailers will be used to cover the campsite). (iv) be controlled from a central position approved by the Licensing Authority and Emergency Services. Access to the central position will be available
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at all times to the Licensing Authority and Emergency Services. (v) have a power supply which will ensure continuous operation of the system in the event of the failure of the main electricity supply. (vi) prior to the admission of the public onto the site all systems used for broadcasting information in the event of such an emergency shall be tested. Records of such tests shall be made available to Fire Scotland for verification.
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10 Appendix 1 Car Parks Inspection Meeting Times: Friday 2 August 2024 Prior to the carpark opening Saturday 3 August 2024 Prior to the carpark opening Sunday 4 August 2024 Prior to the carpark opening Monday 5 August 2024 Prior to the carpark opening Campsite Inspection Meeting Times: Friday 2 August 2024 Prior to the campsite opening Saturday 3 August 2024 Prior to the campsite opening Sunday 4 August 2024 Prior to the campsite opening Monday 5 August 2024 Prior to the campsite opening Arena Inspection Meeting Times: Friday 2 August 2024 Prior to the Arena opening Saturday 3 August 2024 Prior to the Arena opening Sunday 4 August 2024 Prior to the Arena opening Monday 5 August 2024 Prior to the Arena opening
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11 Appendix 2 (i) Parking Areas may be open as follows:- Friday 2 August 2024, 12.00 until Monday 5 August 2024 17:00 (vii) The Camping Area may be open as follows: Friday 2 August 2024, 12.00 until Monday 5 August 2024 17.00 pm (viii) The Arena may open to the public as follows: Friday 2 August 2024 16.30pm until 01.30 Saturday 3 August 2024 09.00 until 01:30 Sunday 4 August 2024 09:00 until 00:30 (ix) There will be no Campsite Entertainment (x) Amplified Musical may operate as follows: Friday 2 August 2024 17:00 until 01:00 Saturday 3 August 2024 10:00 until 01:00 Sunday 4 August 2024 10:00 until 00:00 Monday 5 August 2024 11:00 until 15:00
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12 Appendix 3 TICKET SALES 2023 Maximum Tickets Sales Friday 2 August 2024 4,999 Saturday 3 August 2024 4,999 Sunday 4 August 2024 4,999 Maximum Camping Attendance 3,000