Agenda Document Pack - Licensing Committee - 13/11/2023
Perth and Kinross Council · 13 November 2023
Back to Licensing Committee — 13 November 2023 and its agenda
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Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 06/11/2023 A hybrid meeting of the Licensing Committee will be held in the Council Chamber on Monday, 13 November 2023 at 13:00. If you have any queries please contact Committee Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Bailie Mike Williamson (Convener) Councillor Iain MacPherson (Vice-Convener) Councillor Keith Allan Councillor Hugh Anderson Councillor Bob Brawn Bailie Rhona Brock Councillor Steven Carr Councillor Andy Chan Councillor Michelle Frampton Councillor Ken Harvey Councillor Crawford Reid Councillor Willie Robertson Councillor Grant Stewart Page 1 of 56
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Licensing Committee Monday, 13 November 2023 AGENDA MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE OF CONDUCT. 1 WELCOME AND APOLOGIES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF LICENSING COMMITTEE OF 2 OCTOBER 2023 FOR APPROVAL (copy herewith) 5 - 8 4 TAXI FARE REVIEW Report by Strategic Lead, Legal and Governance (copy herewith 23/299) 9 - 16 5 GRANT OF PUBLIC ENTERTAINMENT LICENCE PE430 Report by Strategic Lead, Legal and Governance (copy herewith 23/300) 17 - 50 6 GRANT OF MARKET OPERATOR LICENCE MO287 Report by Strategic Lead, Legal and Governance (copy herewith 23/301) 51 - 56 IT IS RECOMMENDED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEM(S) IN ORDER TO AVOID THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 P1 SUSPENSION OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD2236 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P2 GRANT OF METAL DEALER LICENCE ME22 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P3 GRANT OF ITINERANT METAL DEALER LICENCE MI7 Page 3 of 56
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• Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P4 GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD1781 - 3 YEAR • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P5 GRANT OF SECOND HAND MOTOR DEALER LICENCE MD302 • Exempt Reason 6 - Information relating to the financial or business affairs of any particular person (other than the authority). Page 4 of 56
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LICENSING COMMITTEE Minute of hybrid meeting of the Licensing Committee held in the Council Chambers, 2 High Street, Perth, on Monday 2 October 2023 at 1:00pm. Present: Bailies C Ahern (up to Item 5) and R Brock, Councillors K Allan, H Anderson, S Carr, M Frampton, K Harvey, I MacPherson, and G Stewart. In Attendance: K Engelberts, D Gilkinson, J Guild, S Roger, A Brown, M Pasternak (all Corporate and Democratic Services). Apologies for Absence: Bailie M Williamson, Councillors D Illingworth and C Reid. Councillor I MacPherson, Convener, Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed all present to the meeting. Apologies for absence were noted as above. 2. DECLARATIONS OF INTEREST There were no declarations of interests in terms of the Councillors Code of Conduct 3. MINUTES The Minute of Meeting of the Licensing Committee of 21 August 2023 was submitted and approved as a correct record. 4. GRANT OF A SHORT TERM LET LICENCE – PROVISIONAL LICENCE NO. PK11347N There was submitted a report by the Head of Legal and Governance Services (23/260), along with a letter of objection, in relation to Grant of a Short Term Let Licence – Provisional Licence No. PK11347N. Mr and Mrs Clumpas, objectors to the application, attended the meeting, addressed the Committee and answered Members’ questions. Mrs McLean – Foreman, applicant, attended the meeting, addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. 3 Page 5 of 56
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Motion by Councillors I MacPherson and M Frampton Application for Short Term Let Licence – Provisional Licence No. PK11347N application, be deferred to allow both parties to continue negotiations in relation to the issues raised. Amendment by Councillors W Robertson and K Harvey Short Term Let Licence – Provisional Licence No. PK11347N application, be granted. In accordance with Standing Order 21, a roll call vote was taken: 6 Members voted for the Motion as follows: Bailie C Ahern, Councillors K Allan, S Carr, M Frampton, I MacPherson and G Stewart 4 Members voted for the Amendment as follows: Bailie R Brock, Councillors H Anderson, K Harvey and W Robertson. Resolved: In accordance with the Motion. BAILIE C AHERN LEFT THE MEETING AT THIS POINT. 5. TAXI FARE REVIEW There was submitted a report by the Head of Legal and Governance Services (23/261) asking the Licensing Committee to make a decision on a request for amendments to the current taxi fare scales in order that they can be included within the forthcoming taxi fare review consultation. Motion by Councillors I MacPherson and H Anderson To agree to the Review as set out in Report No. 23/261. Amendment by Councillors M Frampton and K Harvey To remove the option of a 10% increase and add the option of a 6% increase. In accordance with Standing Order 21, a roll call vote was taken: 4 Members voted for the Motion as follows: Councillors K Allan, H Anderson, I MacPherson and G Stewart 5 Members voted for the Amendment as follows: Bailie R Brock, Councillors S Carr, M Frampton, K Harvey and W Robertson Page 6 of 56
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Resolved: In accordance with the Amendment. Page 7 of 56
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PERTH AND KINROSS COUNCIL 13 November 2023 TAXI FARE REVIEW Report by Strategic Lead, Legal and Governance (Report No 23/299) 1. PURPOSE 1.1 The Council is required to review the scales of fares for Taxis in this area at intervals of not more than 18 months. This report outlines the findings of the most recent review and proposes that there be an increase in the fares and alterations made to the current tariff card. 2. RECOMMENDATIONS It is recommended that the Committee: (i) Agree the current scale of fares be increased by 7.5% rounded up to the nearest 10 pence. (ii) Agree all the changes to the current taxi tariff card as detailed within section 4.5 of this report. (iii) Agree that the scale of fares be advertised in the local press and interested parties are invited to respond within one month of the advertisement. (iv) Agree that if no adverse comments or representations are received after advertising, the new scale of fees and changes to the taxi tariff card commence from a date specified by the Head of Legal and Governance Services in the advertisement, that date to be approximately six weeks after the date of the advertisement. 3. STRUCTURE OF REPORT 3.1 This report is structured over the following sections: • Section 4: Background • Section 5: Proposals • Section 6: Conclusion 4 Page 9 of 56
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4. BACKGROUND / MAIN ISSUES 4.1 In terms of Section 17 of the Civic Government (Scotland) Act 1982, the Council is required to set taxi fares and scales and keep these under review. The last review was concluded in April 2022 which resulted in a 15% increase across all tariffs. 4.2 The 1982 sets out the process to be followed when carrying out a review. That process was commenced in October 2023. All individual operators and organisations representing, or appearing to be, representative of the operators of taxis were consulted in relation to proposals for a fare increase and changes to the current taxi tariff card. 4.3 As detailed within a previous report to the committee (Report number 23/261) dated 2 October 2023, the Taxi Federation Group requested changes to the current tariff card and the committee agreed to the changes in principle. The changes were then subsequently put out for consultation to all those operators with meters fitted. 4.4 76 operators with meters fitted in their vehicles were provided with three fare increase options to choose from and a total of 45 replies were received. The results were as follows: • 7 indicated they would like an increase of 6%, • 29 indicated they would like an increase of 7.5% and • 9 indicated they would like the tariffs to remain unchanged. 4.5 Operators were also asked their views on the following: • The introduction of an additional tariff to be used for larger vehicles within the fleet which carry 5 or more passengers for example a minibus (Tariff 2 would be utilised only when transporting 5 or more passengers any time of day or night) (31 agree and 14 disagree) • The introduction of a new Tariff 4 to be used when carrying 5 or more passengers for hirings begun on December 24,25,26,31 and January 1 and 2. (25 agree and 20 disagree). • The ability to charge Tariff 2 from 10pm until 6am. Currently, Tariff 2 is utilised between 11pm and 6.30am. (36 agree and 7 disagree and 2 did not respond) • Any bridge tolls or airport parking charges should be met by the customer (only chargeable on production of a receipt to the hirer); (39 agree and 6 disagree) Page 10 of 56
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• To delete the Spring Bank Holiday, May Bank Holiday and August Bank Holiday from the current Tariff Card with only the Easter holidays (operate Tariff 2), Christmas and New Year holidays (operate Tariff 2 and 3) remaining; (26 agree, 18 disagree and 1 did not respond) • Increase the soiling charge to £75.00. (41 agree, 4 disagree) • The charge for additional yards across all tariffs reverts to 10 pence rather than the current 12 pence. (33 agree, 11 disagree and 1 did not respond to the question) 4.6 Before any new scale of fares and other charges can come into force the Council must advertise any new proposed scale in the local press to give an opportunity for public representations. The notice must also specify the date on which it is proposed that the tariff shall take effect, which must take account of the period for representations and for appeals to the Traffic Commissioner. It is therefore suggested that the proposed date of coming into effect should be approximately 6 weeks after the date of advertising. Following the coming into effect of the tariff, all operators would be advised of the changes and the date on which the change comes into effect. 5. PROPOSALS 5.1 The Committee has four possible courses of action open to it: Option 1 – Agree to a 7.5% increase across the tariffs as per results of consultation with the trade. Option 2 – Disagree to a 7.5% increase and opt for either 6% or no increase at all. Option 3 – Agree to all other changes to the tariff card as per section 4.5 of this report. Option 4 – Disagree to all or some of the changes to the tariff card. 6. CONCLUSION 6.1 This report refers to proposed changes to the current taxi tariffs and scales and sets out the options available to the Licensing Committee. The Committee should consider the balance between costs to the operator with regard to the running and upkeep of vehicles alongside how any increase in fares may affect paying members of the public. Page 11 of 56
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Author Name Designation Contact Details D Gilkison Licensing Manager (01738) 475159 civiclicensing@pkc.gov.uk Approved Name Designation Date Sarah Rodger Legal Manager 03/11/2023 Page 12 of 56
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ANNEX 1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND COMMUNICATION Strategic Implications Yes / None Community Plan Yes Corporate Plan Yes Resource Implications Financial None Workforce None Asset Management (land, property, IST) None Assessments Equality Impact Assessment None Strategic Environmental Assessment None Sustainability (community, economic, environmental) None Legal and Governance None Risk None Consultation Internal None External Yes Communication Communications Plan None 1. Strategic Implications Community Plan 1.1 Maintaining the current fare structure for the hire of Taxis and Private Hire vehicles will promote a prosperous, inclusive and sustainable economy by allowing affordable travel for members of the community. Equally it will support people to lead independent, healthy and active lives. Corporate Plan 1.2 Offering an affordable travel option will promote an inclusive economy and support people to lead independent lives. It will give access to commercial and leisure venues throughout the region to the benefit of all. 2. Resource Implications Financial 2.1 Not applicable Workforce 2.2 Not applicable Page 13 of 56
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3. Assessments Equality Impact Assessment 3.1 Under the Equality Act 2010, the Council is required to eliminate discrimination, advance equality of opportunity, and foster good relations between equality groups. Carrying out Equality Impact Assessments for plans and policies allows the Council to demonstrate that it is meeting these duties. An initial Equality Impact Assessment has been completed and recognises the balance between costs to the operator with regard to the running and upkeep of vehicles alongside how any increase in fares may affect paying members of the public. Strategic Environmental Assessment 3.2 Not applicable 4. Consultation Internal 4.1 None External 4.2 All metered operators 5. BACKGROUND PAPERS 5.1 Appendix 1 – Current Tariff Card Page 14 of 56
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Appendix 1 4 Page 15 of 56
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 13 NOVEMBER 2023 REPORT BY STRATEGIC LEAD, LEGAL AND GOVERNANCE TYPE OF APPLICATION Grant of a Public Entertainment Licence APPLICANT Mugstock, The MugShack, Cumbernauld, G67 1DW PREMISES Strathallan Castle, Strathallan Estate, Auchterarder, PH3 1JZ THE APPLICATION Mugstock, has applied for a three-year Public Entertainment Licence to hold a music festival at Strathallan Castle from 2-5 August 2024. (See the site plan in Appendix 1 attached) There are draft licensing conditions (See Appendix 2 attached) that require the production of six management plans prior to 1 July 2024 which will individually address the key issues to ensure a safe event. The management plans are required to be completed to the satisfaction of the agencies involved by the dates referred to in Table 1 of the draft licensing conditions. (See Appendix 2 attached) 2 letters of objection have been received from members of the public regarding this application (See attached letters of objection in Appendix 3 attached). 1 email of support has been received from a member of the public regarding this application (See letter of support in Appendix 4 attached) . LEGAL POSITION The Civic Government (Scotland) Act 1982 provides grounds for refusal of a public entertainment licence. Any decision to refuse a public entertainment licence must be relevant to one or more the following grounds of refusal as detailed in the Civic Government (Scotland) Act 1982. A licensing authority must grant the application unless one of the grounds of refusal exists. If, in the opinion of the Committee, a ground of refusal exists then the application must be refused. The grounds for refusal are: - The activity to which the licence relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused such a licence if they made the application. Where the licence relates to an activity consisting of or including the use of premises, those premises are not suitable or convenient for the conduct of the activity having regard to: the location, character or condition of the premises, vehicle or vessel; the nature and extent of the proposed activity; the kind of persons likely to be in the premises, vehicle or vessel; 5 Page 17 of 56
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the possibility of undue public nuisance, public order or public safety; or there is other good reason for refusing the application. In deciding whether or not to grant or renew a licence, the Council will consider each application on its own merits and will take into account the following: any Objections or Representations any other relevant considerations The Head of Legal and Governance Service has delegated powers under the Council’s Scheme of Administration to suspend the licence in terms of paragraph 12, Schedule 1 of the Civic Government (Scotland) Act 1982 where the carrying on of the activity to which the licence relates has caused or is likely to cause undue public nuisance, a threat to public order or public safety. Therefore, if there is any breach of the licensing condition prior to the event that could have an adverse impact on public safety, this would be reported to the Head of Legal and Governance Service who would decide whether the licence should be suspended. OPTIONS The Committee need to consider whether the objections received relate to the activity of a Public Entertainment Licence. The options open to the Committee are therefore to: grant the application. grant the application for a shorter period. refuse the application. if the Committee decides to grant the application, whether to add the attached conditions referred to in Appendix 2. PROCEDURE Identify parties. Applicant provides overview of event. Consider any preliminary issues. Members of the public speak to their objections. Committee asks any questions to the objectors. Applicant makes submission. Committee asks any questions of the applicants. Objectors sum up. Applicant sums up. Committee makes decision. Page 18 of 56
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Site Plan -Proposed Licensed Area (Festival Arena) Indicated in Purple 5 Page 19 of 56
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Arena Plan Showing Position of 3 Bars Page 20 of 56
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Indication of scale of licensed area: The Arena is an irregular shape (shown in purple below) stretching around between the castle. To best indicate the scale we have calculated that an average walk from the arena entrance at the North East to the Elsewhere Cabaret Tent at the North W est will be approximately 460 metres. Page 21 of 56
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DRAFT CONDITIONS FOR THE MUGSTOCK MUSIC FESTIVAL AT STRATHALLAN ESTATE, AUCHTERARDER 1 5 Page 23 of 56
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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 Page 24 of 56
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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 Page 25 of 56
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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 Page 26 of 56
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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 Page 27 of 56
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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 Page 28 of 56
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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. Page 29 of 56
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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 Page 30 of 56
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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. Page 31 of 56
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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 Page 32 of 56
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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 Page 33 of 56
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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 Page 34 of 56
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Objecons 5 Page 35 of 56
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1 Civic Licensing From: Sent: 19 May 2023 12:57 To: Civic Licensing Subject: FW: Mug Stock Festival Attachments: MugStock Flyer May 2023 (Received by hand 16May23).pdf CAUTION: This email originated from an external organisaon. Do not follow guidance, click links, or open aachments unless you have verified the sender and know the content is safe. From: Sent: Friday, May 19, 2023 12:50 PM To: civiclicensing@pkc.gov Subject: Mug Stock Festival Dear Sir, We are writing to express our concern over the Mug Stock Festival for which, we understand, that you are due to make the Licencing discission on Tuesday 23rd May. The arrival of this Event has come as a shock due to the fact that the Notice for said Event and Licence Application was posted, in accordance with Regulations, at the ‘The Venue’. Unfortunately, this was interpreted as the Castle itself and the Notice was not, therefore, visible to the vast majority of the Community which will be affected by this Event. I understand from Mr Govan that Notices have now been placed at the Estate entrances as of 17th May. The Notice by South Lodge is set well back from the Road and whilst it is available to walkers, is still unlikely to be seen by the wider Community. Due to the negligence in Notice placement, thereby depriving the public of this information, we would request that the Statutory time of Notification prior to Decision be calculated from the 17th May. We have contacted the Development Department to question why the permanent re-siting of this Festival from Glasgow has not been a matter for Planning. Whilst this Event is at present (future expansion is planned) smaller than T in the Park, the same situations apply with regard to the use of the site for this type of Event. The disturbance to residents from amplified stage music and late night traffic will be significant. The total number of hours proposed of amplified music over the four day Festival amounts to 41 (8hr; 15hr; 14hr & 4hr on relevant days). If the hours applied for are granted the Organizers, by their own admission, know that the noise generated will have a ‘significant’ impact on the Community as they have accepted the need to lower the volume ”… significantly to a neighbour friendly level from 11pm…”. Please note the words ‘significantly lower’ (See attached Information Sheet). To subject the Community to constant noise at such high volume that it will require reduction, is not acceptable. It will permeate our homes even with closed windows and impact greatly on the use and enjoyment of our gardens for the whole Holiday; thereby depriving us of our right to the Amenity of our own home. Page 43 of 56
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2 With regard to traffic the Organizers are very vague; with ‘guesses’, ‘estimates’, and ‘maybes’ about the numbers of vehicles. They are unsure of the number of vehicles each Contractor will use for Construction/Set up and ‘believe’ the number of day vehicles will be 1,000 to 1,500 ( a wide margin of difference) over the four days. This does not include any buses. No mention has been made of a cap on the number of day visitors, campers or ticket sales, thereby making it impossible to calculate likely vehicle numbers. If day visitors do not leave the site until after 1 am (Fri/Sat or midnight Sun) this will generate unacceptable levels of night traffic noise until 2am to 3am. The majority will travel through Tullibardine (even if leaving by the airfield exit) to access the A 9. The Organizers are ‘confidant’ this won’t happen as day visitors ‘will not want to drive home so late’. We have no such confidence and believe many will wish to stay until the end of the performance. We also have concerns with Health and Safety issues, particularly with regard to the young children attending this oddly combined Event. Is it acceptable to expose them to high volumes of amplified noise for many hours whilst they participate in their ‘country’ activities. There are also Environmental issues with this site, particularly with regard to the protected Ospreys that nest there annually. The timing of this Event could not be worse as any young birds are highly likely, at this point, to be learning to fly; any disturbance during this crucial period could be disastrous. At a time when we are all being encouraged to be more Planet Friendly, caring of our Countryside and Wildlife by re-Wilding, re-Planting and cutting down on our carbon footprint; we believe it is reprehensible to insinuate a Music Festival into a Rural Farming Community under the guise of a Charitably organised Family Fun Event. Should you decide, however, to grant a Licence for this Event we would strongly request that there should be a definite cap on numbers of all attendee types and that the hours of amplified music be reduced, with the volume at all times ‘neighbour friendly’, i.e. very low decibel levels which will not permeate the wider Community. With regard to the total number of hours of amplified music: we would request that this should not exceed 8 per day; there should be a break between 2 and 4 pm; and should cease completely by 11pm. We also request that any Licence be issued for this one Event only, as the intention is to expand the Mug Stock Festival at which point many issues will need addressing by the Planning Department. It is our opinion that the Organizers are somewhat naive at present in their approach to organizing the Festival at this venue. Yours sincerely, Mr P & Mrs H Collings. Page 44 of 56
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1 Civic Licensing From: katy cepok Sent: 21 May 2023 16:46 To: Civic Licensing Subject: Mugstock Festival at Strathallan Castle Follow Up Flag: Follow up Flag Status: Completed CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. Hello! As a resident near Strathallan Estate, Auchterarder, I wanted to offer a letter of support for Strathallan Estate and MugStock for the festival planned in August this year Having been directly impacted by T in the Park (our road was used for traffic coming into the estate across the whole festival) - MugStock and their festival plans have been a breath of fresh air From the moment of contacting them, they have been listening and giving us as much information as they have available to answer questions but have also given us a huge amount of confidence on the type of festival being planned and more importantly to us (and many other local residents), I can see this is a totally different type of festival, certainly being more inclusive to everyone, its targeted age group and particularly its size and scale (T in the Park >75k attendance v’s MugStock £5k ) I have been very impressed with the care and thought around ensuring this is a festival open to everyone of all ages and the dog too – a full family day out. Their transparency on their website, giving information on timescales for set up but also what to expect over the weekend itself – even to say that music volume will be reduced after 11pm until 1am close – its very much appreciated As a local resident and business owner (Farm and Livery) I have been impressed with their visibility too (personally visiting local residents) to ensure everyone has a chance to share their concerns or queries. I am very appreciative of the level of care they have shown to listen and work with us, and the local community, to protect our countryside and, ensure we all feel safe and at ease with the event and that we know what we can expect. This looks to be a fabulously inclusive event being held on a beautiful estate and one I am very happy to give you this email in support of Strathallan Estate and MugStock to hold the festival in August. I very much look forward to attending with family and friends and seeing the wider communities support the event too Many thanks Katy Cepok Sent from Mail for Windows Appendix 4 5 Page 49 of 56
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REPORT BY STRATEGIC LEAD, LEGAL AND GOVERNANCE PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 13 NOVEMBER 2023 TYPE OF APPLICATION Grant of a Market Operator Licence APPLICANT Mugstock, The MugShack, Cumbernauld, G67 1DW PREMISES Strathallan Castle, Strathallan Estate, Auchterarder, PH3 1JZ THE APPLICATION Mugstock, has applied for a three-year market operator licence to hold a market for 12-50 stalls at a music festival from 2– 5 August 2024. Police Scotland, Environment Services and Planning Department have stated they have no objections to this application. 1 letter of objection from a member of the public has been received regarding this application (see attached letter of objection). LEGAL POSITION The Civic Government (Scotland) Act 1982 provides grounds for refusal of a market operator licence. Any decision to refuse a market operator licence must be relevant to one or more of the following grounds of refusal as detailed in the Civic Government (Scotland) Act 1982. A licensing authority must grant the application unless one of the grounds of refusal exists. If, in the opinion of the Committee, a ground of refusal exists then the application must be refused. The grounds for refusal are: - The activity to which the licence relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused such a licence if they made the application. Where the licence relates to an activity consisting of or including the use of premises, those premises are not suitable or convenient for the conduct of the activity having regard to: the location, character or condition of the premises, vehicle or vessel; the nature and extent of the proposed activity; the kind of persons likely to be in the premises, vehicle or vessel; the possibility of undue public nuisance, public order or public safety; or there is another good reason for refusing the application. In deciding whether to grant or renew a licence, the Council will consider each application on its own merits and will take into account the following: any Objections or Representations any other relevant considerations 6 Page 51 of 56
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OPTIONS The Committee need to consider whether the objection received relates to the activity of a Market Operator licence. The options open to the Committee are therefore to: grant the application. grant the application for a shorter period. defer the application (9-month decision date 30/02/2024) or refuse the application. PROCEDURE Identify parties. Consider any preliminary issues. Member of the public speak to their objection. Committee asks any questions to the objector. Applicant makes a submission. Committee asks any questions of the applicants. Objectors sum up. Applicant sums up. Committee makes decision. Page 52 of 56
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