Appendix 1 for Policy for the Use of Jubilee Square

POLICY ON THE USE OF JUBILEE SQUARE

Effective from 1st April 2016

1.             SCOPE

This policy applies to Maidstone Borough Council and those within the Council with the responsibility of managing the Jubilee Square area.

2.             PURPOSE

The purpose of this Policy is to ensure the consistent management of Jubilee Square and to dictate the terms and nature of the uses of the area. Jubilee Square is a bookable space.

3.             DEFINITIONS

For the purposes of this policy, the following definitions apply:

          “the Site” means Jubilee Square which is the area shown in red in Figure 1 below.

          “users” means any person, group or organisation who wish to use Jubilee Square.

 

Figure 1: Jubilee Square

 

4.             THE USE OF JUBILEE SQUARE

The use of Jubilee Square is subject to a number of terms and conditions and requirements which are detailed in the following sections.

4.1         Timings

Jubilee Square is available for bookings from 9am until 11pm from Monday to Saturday and from 9am till 10.30pm on a Sunday. Use of the Square outside of these hours may be permitted, (for example to set up for an event), with the express permission of the Council. Certain structures (e.g. stages) may be allowed to remain up overnight but these will be considered on a case by case basis.

4.2     Length of Use

No activity of a permanent nature is permitted to use Jubilee Square. No commercial, community or charitable activity exceeding a 2 week period (per event / display etc) will be allowed and any proposed use lasting in excess of 1 week will be considered on a case by case basis. This is to ensure that the Square is available for a variety of uses.

4.3         Type of Use

4.3.1        Desirable Uses

                      The following are considered to be desirable uses of Jubilee Square

CONTEXT

DESIRABLE USE

COMMERICAL USE

Corporate Promotions

Fairs

Musical Events

COMMUNITY USE

Promotion of Local Services & Opportunities

Showcasing by Community Groups

Art Displays

Dance

Sports and Play Promotion

Musical Events

CHARITABLE USE

Fundraising Activities

Promotional Activities

 

4.3.2        Undesirable Uses

                      The following are considered to be undesirable uses of Jubilee Square;

·            Hawkers and Peddlers;

·            Street Based Art; and,

·            Fairground Type Activities (Except for Public Holidays/Festive Season)

·            Political Meetings or Rallies

 

4.3.3        Prohibited Uses

                      The following uses of Jubilee Square are prohibited;

·           Gambling and Obscene Exhibitions;

·           Events where performing animals are in any way included or involved.

·           Collection of Direct Debits

 

5               Conditions of Use

5.1         Insurance

That all persons / organisations / companies who use the square must insure with some reputable insurance office against third party risks arising from the proposed use of the Site to the minimum sum of five millions pounds (£5m) and produce such policy to the organiser at least twenty eight days before entering on the Site. And;

To ensure that any user of the Site in connection with the Event possess their own individual third party contents and property insurances, and that such insurances are inspected by the organiser 21 days before the event.

5.2         Indemnity

That any user of Jubilee Square indemnify and keep indemnified the Council against all actions proceedings, costs, damages, claims and demands of whatsoever nature brought, claimed or made by any person in respect of any liability arising directly or indirectly from the use of the Site.

5.3         Health and Safety

5.3.1    Risk Assessment

That any user of Jubilee Square completes and submits to the Council a Risk Assessment Form no later than 21 days before the event.

5.3.2        Set up of the Event & Erection of tents / stages / other structures

That in setting up on the site to ensure, particularly where tents / marquees / stages are erected that the safety arrangements are made in accordance with advice from the Council and all appropriate certificates and consents are obtained (including Temporary Grandstand Consent). Gazebos should be erected to the manufacturer’s instructions.

5.3.3        Provision of Fire Fighting Equipment

That any user provides and maintains in good working order a sufficient number of adequate portable fire-fighting appliances and while the public are at the Event to keep such appliances conspicuously placed and readily available for use.

5.3.4        Prevention of Electrical Shock

That any user takes such steps as may be reasonable and necessary to prevent risk of electrical shock or fire caused by electricity at or used in connection with the Event.

5.3.5        Safety of electrical installations

That any user ensures that any electrical installation complies with the current edition of the Regulations of the Institution of Electrical Engineers and that protection is provided for any wiring liable to mechanical damage and that all wiring accessories and apparatus is so far as is possible out of reach of the public.

Use of the in-ground power units will be charged as per Clause 4.5 Hire Charges.

5.3.6        Public Safety

That any user ensures that all stall holders, employees, agents and servants of the Organiser shall be conversant with the action to be taken to ensure the safety of the public and;

·           The location of the nearest available telephone;

·           How to call the Fire Brigade; and,

·           How to attack a fire with the equipment available pending the arrival of the Fire Brigade but without compromising their personal safety.

 

5.4         Event / Use Provision

5.4.1    Provision of Water and Disposal of Waste

That any user of the Site provide a sufficient supply of wholesome water for the use of persons employed in or about the event and a means for the disposal of any impure or waste liquid or solids where the circumstances require or where so directed by Maidstone Borough Council.

5.4.2        Provision of Food and Drink

That in the event of any user providing or selling food has the relevant street trading consent for the event. Anyone selling alcohol must hold a Temporary Events Notice, which can be applied for via the MBC website.

5.4.3        First Aid and Lost Child Reception Areas

That, where required, any user should ensure that there is a qualified First Aider available on the Site and to provide sufficient child reception areas and adequately advertise the same for the benefit of the public.

5.4.4        Provision of Stewards

That, where required, any user should provide adequate numbers of fully trained stewards for marshalling who must wear high visibility clothing and be contactable by radio or mobile phone.

5.4.5        Provision of signage

That, where appropriate, any user should provide obvious signage which should be monitored by stewards on the day.

5.4.6        Limit on Participants

That any user should be mindful of the limited space on the Square, in particular keeping a 4m distance from the buildings. Users must also be mindful that Jubilee Square has a maximum capacity of 1000 people.

5.5         Compliance

5.5.1    Traffic Control and Parking

That any user of the Site adhere to the traffic regulation orders present on Jubilee Square and where necessary obtain a parking dispensation if the user can demonstrate that the use of a vehicle between the hours of 10.30am and 5.30pm is critical to the functioning of the event.

5.5.2        Police

That Officers of Kent Police are permitted to enter the Event and should such Event or any part thereof not meet with the approval of the Chief Constable of Kent either to modify or to close the same.

5.5.3        Control of Animals

That any user should take all reasonable steps to ensure that any animal attending the Event which his likely to cause danger to the public is effectively secured or caged in such manner as not to be a cause of danger while the public are at the event. Under no circumstances will performance animals as part of the event be permitted.

Where animals are present (e.g. to raise funds for an animal charity) appropriate hand washing/sanitising facilities must be provided.

5.5.4        Compliance with all reasonable requirements of Council Officers

That any user of the site should:

·         Comply with all reasonable requirements of the Director and the Environmental Health Manager or any other duly authorised Officer or servant of the Council;

·         Comply with any Council byelaws relating to the Site;

·         Observe and perform all statutory requirements relating to the proposed use in particular those arising out of the Licensing Act 2003; and,

·         Abide by the parking restrictions relating to the Site and where appropriate acquire at the users’ expense a parking dispensation permit.

 

5.5.5        Prevention of nuisance

That any user shall not at any time create or cause or permit to be created any statutory nuisance whatsoever and to permit that the Environmental Health Manager or his agents to investigate any such nuisance or alleged nuisance which may be brought to their attention and for this purpose to permit them to enter the Site on demand and at all reasonable times and to comply with all reasonable requirements of the Environmental Health Manager or his agents in this regard.

Additionally, that any user shall not in the use of this Site cause or permit to be caused any nuisance or annoyance to members of the public living near to or using the High Street, Maidstone.

5.5.6        Utilities

At the time of booking, users must notify the Council if they require use of the in-ground power units. Use of these units are charged as per the Hire Charges in Clause 4.5.

5.6         Prohibited Activities

5.6.1    Prohibition of Vehicles etc

That no user is to park or station on the Site any vehicle, stall, tent or stand or other structure within 1.2 metres of the edge of an adjacent carriageway or within 4.0 metres of the buildings. Vehicles must not be parked or driven over the tree grilles.

5.6.2        Prohibition of advertisements

That no user is to display on or about the Site any advertisements except with the previous consent in writing of the Council.

5.6.3        Prohibition of music and public address systems

That no user is to play or permit or cause to be played any music or musical instrument on or about the Site except with the previous consent in writing of Council, and to observe such conditions as may be imposed and set out in the consent. Users will be expected to obtain a PPL Licence and a PRS for Music Licence, where appropriate, for their event. Copies of relevant licences must be shown to the Council 21 days prior to the event. A Temporary Events Notice may also be required for the event – it is advisable to seek advice from Maidstone Borough Council Licensing Team to ensure that your event is compliant with all relevant legislation.

5.6.4        Prohibition of animals as prizes

That no user is to display on stalls or give away as prizes any animals whatsoever as part of any use of the Site or event.

5.6.5        Prohibition of barbeques

That no barbeques shall be used or permitted on the Site.

5.6.6        Prohibition of gambling and obscene exhibitions

That no user shall carry on or permit to be carried on any gambling or obscene exhibition on the Site.

5.6.7        Prohibition of Political Meetings

That no user shall use the Site for any political meetings or rallies.

5.6.8        Prohibition of fly posting

That no user shall cause or permit any fly posting in relation to the use of the Site nor to suffer or allow any fly posting to remain in position.

5.7         Reservation of Jubilee Square

The process for reserving Jubilee Square shall be through contact with the Officer within the Council charged with managing the use of Jubilee Square.

All requests for the use of Jubilee Square will need to submit a completed application form to ensure all relevant details about the event / proposed use are captured. It is recommended that you contact the Council as soon as possible to check availability, as the Square is booked on a “first come, first served” basis. The Square can be booked up to 12 months in advance, with a minimum of 6 weeks’ notice.

5.8         Hire Charges

5.8.1        Rates for Use

Maidstone Borough Council is able to recuperate the costs incurred in the granting of permission for third parties to use Jubilee Square. The rates for the use of Jubilee Square are variable relative to the nature of the usage and the level of involvement of Council Officers. In the case of a standard single day use of the Square the amount chargeable to the user should be determined using the Charging Model spreadsheet but the unit costs for different elements are shown below.

Element

Associated Cost

Booking and admin fee (per booking)

£40

Consent to place a structure on Jubilee Square (per booking, where relevant)

£120

Consent to use the Council’s Town Centre Premises Licence (per booking, where relevant)

£68

Use of the electricity supply on Jubilee Square (per day, where relevant). Deposit is to ensure the in-ground units are used correctly and that the key is returned.

£25 plus £20 deposit

Temporary Grandstand Consent Visit (weekend cost only)

£180

Commercial use of the Square (per day)

£240

Community and charitable use of the Square (per day)

£50

 

In the instance of a single day large scale event or a multi-day event / use then this will be subject to a bespoke costing depending on the level of officer involvement required to enable the activity.

5.8.2        Type of Use

All commercial type activity will be expected to pay the relevant costs as noted above to ensure the Council is reimbursed for the costs associated with the grant of permission to use Jubilee Square. Community Groups and charities using the square will also be asked to pay these relevant costs, but it is expected that in some cases, the Council will have to exercise discretion in this to enable certain events and activities to happen.

5.8.3        Booking Deposits

The requirement to take booking deposits will depend on the nature of the use of the Square and the subsequent cost associated with the permission. Where the total costs payable by the proposed user exceed £250 then a deposit of 50% of the total amount payable is required in advance of the event / use.

Where the user needs access to the in-ground power units, a refundable deposit of £10 is required. This is to ensure that the covers to the units are replaced correctly to avoid damage, and that the key is returned to the Council. Where necessary an Officer of the Council will be available to meet with a hirer of the Square, to show the correct usage of the power units.