CONDITIONS
REGULATIONS
FOR THE HOLDING OF A FAIR
1 INTERPRETATION
In these Conditions and Regulations:
‘Amusement Device’ means a fairground ride, contrivance, structure or such other equipment including a side stall, food stall, side show, booth or similar enclosed structure, which is installed or erected and operated for or in connection with the amusement or entertainment of the public at a pleasure fair.
‘Fair Site’ means the area occupied by the Fair.
‘Council’ means Erewash Borough Council.
‘Events Officer’ means the Officer appointed by the Council to manage the Fair.
‘Fair’ means the Fair being held on the Fair Site.
‘Showman’ means the person licensed by the Council to occupy a Site.
‘Site’ means the individual site occupied by a Showman.
2 LICENCE
2.1 The Council Licences the Showman to occupy the Site during the period of the Fair.
2.2 Only Amusement Devices belonging exclusively to the Showman may be used at the Fair.
2.3 The Showman may not use the site with another person on the basis of a profit sharing arrangement.
2.4 Only the Showman and bona fide employees shall operate the Amusement Device on the Site.
3 SITING OF AMUSEMENT DEVICES
3.1 Amusement Devices including engines driving electrical apparatus must be placed in such a position as shall be determined by the Events Officer.
3.2 Precautions must be taken to prevent the leakage of water or diesel from engines or pipes and the Showman will be liable to the Council for any necessary repair or re-instatement required to block paving or other surfaces however caused.
3.3 No Amusement Device may be drawn onto or erected on the Site until permission has been given by the Events Officer.
3.4 Precautions must be taken to ensure fumes from lorries, generators etc do not enter buildings and pipes must be directed away from buildings if necessary to prevent this.
4 HEALTH AND SAFETY
4.1 All Showmen attending the Fair shall ensure compliance in all respects with the Health and Safety at Work Etc Act 1974 and all other relevant legislation and shall indemnify the Council from any liability arising out of any breach thereof.
5 FIRE RISK ASSESSMENTS, MEANS OF ESCAPE AND FIRE FIGHTING EQUIPMENT
5.1 Means of extinguishing fire must be provided to tackle the various types of fire likely to be encountered, i.e. wood, paper, textiles, petroleum spirit, diesel oil, cooking fats in which different types of extinguishing apparatus is required as detailed in Appendix 5 of the HSE guidance, Fairgrounds and Amusements Parks : Guidance on Safe Practice (HSG 175).
5.2 Fire extinguishers must be properly serviced and correctly labelled in readiness for use. All staff should be familiar with safe handling of extinguishers. Ad hoc checks will be undertaken on service records.
6 CHILD PROTECTION ISSUES
6.1 All Showmen must ensure that they and all employees have up-to-date Criminal Records Bureau ‘Standard Disclosure Checks’ carried out for positions involving working with children and vulnerable adults.
7 LIQUID PETROLEUM GAS CYLINDERS
7.1 Showmen must comply with HSE guidance on the storage of LPG cylinders.
7.2 Cylinders stored outside stalls/vans should be adequately protected from the public in a locked metal cage. Any cylinders not so protected will result in the closure of the stall/van until such protection is provided.
7.3 All pipes/clips should be in a sound condition.
8 HANDRAIL/STEPS
8.1 Handrails must be provided for steps. The height of the first step shall be no higher than 2 inches.
9 DOGS
9.1 All dogs owned by Showmen must be kept on a lead and under control at all times.
10 POWER CABLES
10.1 All cabling, including lighting, power etc that are non-permanent installations used and controlled by the Showmen must be laid so as to reduce the hazards from slips/trips/falls, electric shock etc.
10.2 Showmen must apply the principles of risk assessment in accordance with the Health & Safety Management Regulations 1999 and also the HSE Guidance: Fairground and Amusement Parks: Guidance on Safe Practice (HSG 175).
10.3 Showmen must provide suitable and sufficient protection (e.g. cable covers) for cables to reduce the risk from slips/trips/falls, electric shock etc. All coverings will be periodically checked by the Showmen to ensure their integrity. Showmen must not cover cables with tarmac or similar material.
11 UNDESIRABLE GAMES
11.1 All games which, in the opinion of the Events Officer, are of an undesirable character will be prohibited, and no game must be opened until it has been approved by the Events Officer.
11.2 Only gaming machines falling within category ‘D’ as classified by Regulations made under the Gambling Act 2005 are permitted at the Fair.
12 SOUND AMPLIFICATION AND STROBE LIGHTING
12.1 Music amplification at greater than 90 Decibels is prohibited.
12.2 The Events Officer reserves the right to prohibit the use of mechanical organs, loudspeakers, whistles, bells, etc during certain hours, at his/her discretion. Any Amusement Devices using strobe lighting effects must display a suitable warning.
13 MISCELLANEOUS SALES, ETC
13.1 No goods must be sold other than those specified in the Showman’s application form.
13.2 No liquid refreshments in glass containers and no alcoholic drinks are permitted to be sold or given as prizes.
13.3 Sales by auction, lecturing and ‘pitching’ in any form is prohibited.
13.4 Character reading and fortune-telling is prohibited.
13.5 The sale of confetti and ticklers is prohibited.
13.6 Toys used as prizes must comply with the Toys (Safety) Regulations 1995 and be CE marked. No imitation guns, knives or other weaponry must be offered for sale or as prizes.
13.7 Taking of photographs for sale is prohibited.
13.8 Animals, birds or fish may not be exposed for sale or offered as prizes in any part of the Fair.
13.9 Sales are strictly limited to Sites and no mobile trading will be permitted at the side, frontage or in the vicinity of an Amusement Device.
13.10 The use of punch balls is prohibited.
14 SALE OF FOOD REGULATIONS
14.1 The sale of food from mobile vehicles and stalls is strictly prohibited unless the food business complies with all relevant food safety legislation including: -
i. That the food business can demonstrate that they have appropriate food safety management procedures based on HACCCP principles e.g. Safety Food Better Business.
ii. That open food handlers are appropriately trained in food hygiene matters.
iii. That food handlers maintain a high degree of personal hygiene.
iv. That food is protected from contamination and complies with food safety requirements.
v. That internal surfaces of food vehicles are maintained in a sound clean condition and are capable of being kept clean.
vi. That hot water is available for hand washing, washing equipment and surfaces.
15 BREACH OF CONDITIONS AND REGULATIONS
15.1 The rights granted in clause 2 of this Licence are to determine immediately on notice given by the Events Officer at any time following any breach by the Showman of these Conditions and Regulations.
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