LEEDS CITY COUNCIL GUIDANCE SHEET 2 Setting Up a Temporary Car Park This is one of a series of guidance sheets produced by Leeds City Council designed to help you make the most of the Tour de France coming to Yorkshire. The Tour de France is the world’s largest annual sporting event with a worldwide audience of 3.5 billion. On Saturday 5 July 2014 the Grand Départ of the Tour de France will take place in Leeds, with riders cycling to Harewood House for the official start before racing to Otley, Ilkley, up into the Yorkshire Dales and finishing in Harrogate. Stage 2 will take place on Sunday 6 July from York to Sheffield, Stage 3 on Monday 7 July from Cambridge to London before the Tour heads to France for 18 further days of racing culminating in the final stage in Paris on 27 July. A ‘Pop Up’ (temporary) car park could provide you with an income, and help to facilitate the huge crowds expected over the weekend. This information is meant as a starting point only. Whilst all reasonable efforts have been made, Leeds City Council cannot guarantee that the information is accurate and up-to-date and will not be responsible for any errors or omissions. Professional advice should be sought where appropriate. Legal Requirements As a minimum you must:- • Own the land or have permission to use it. • You must remove deposits from the Highway that may constitute a road safety hazard for Highway users – in particular, mud is considered to be a danger to users of the highway because it may cause skidding and lead to accidents. This can be accelerated in adverse weather conditions. The definition of a public highway includes footpaths and adjacent verges as well as the road itself. • Have appropriate public liability insurance. Contact your current insurer for information. If the land is subject to flooding it may affect your ability to get appropriate cover. • Fully comply with Health and Safety legislation, and conduct regular risk assessments. You can find out more about general risk assessments at www.hse.gov.uk • In England and Wales, if you’re an employer, owner, landlord or occupier of business or other non- domestic premises, you’re responsible for fire safety and are known as the ‘responsible person’. This responsibility is also placed on the person in control of a car park available to members of the public. As the responsible person, there are certain things you must do by law under the Fire Safety Order, which is enforced by your local fire and rescue authority. As the ‘responsible person’ you must: carry out and regularly review a fire risk assessment of the car park; put in place, and maintain, adequate and appropriate fire safety measures to remove or reduce the risk to life; plan for an emergency; provide staff information, fire safety instruction and training. • Display no smoking signs in enclosed public places – this includes toilets. • Do not make any false statements in any of your advertising, and you must not give misleading prices. • Do not use any consumer details for marketing purposes without consent. • Check any licence agreements and thoroughly check who is liable. Do you need occupier’s liability insurance? • The land must be restored to its original condition between periods of use. • Treat everyone accessing your facilities or services fairly, regardless of their age, gender, race, relationship status, pregnancy status, sexual orientation, disability, gender reassignment, religion or belief, and guard against making assumptions about the characteristics of individuals. • The Equality Act 2010 (which replaced the Disability Discrimination Acts of 1995 and 2005 on the 1st October 2010) means that service providers have to make reasonable adjustments to the way in which they deliver their services so that they do not discriminate against disabled people and are better able to meet disabled peoples' requirements. Licenses and Permissions • You may not charge more than the equivalent of £10 per day. • Planning permission for the temporary use of land to create a car park is not needed where the use of land is for 28 days in total in any calendar year. Any permanent alterations to the site or site access will require planning permission. • The provision on the land of any moveable/temporary structure for the purpose of this use is also permitted. The land in question shall not be a building or within the curtilage of a building. Any permanent alterations to anything on the land including utilities, access and structures is subject to planning regulations. If you require further guidance about planning permission staff are available to advise you in the Development Enquiry Centre, The Leonardo Building, 2 Rossington Street, Leeds LS2 8HD. Open: Monday to Friday 0830- 1700 hrs (phone lines close 1630 hrs Fridays), except Wednesdays 1000-1700 hrs. E: [email protected] T: 0113 222 440. • No building regulation approval is required to erect temporary structures or facilities for up to a 28 day period, but any permanent alterations to anything on the land including utilities, access and structures may need building regulation approval. • Your proposals about access for both pedestrians and vehicles (before, during and after the event) need to be agreed by Leeds City Council. Bear in mind that if your proposed site is on the race route, road access on the day of the race will be severely limited – the road will be closed for 8 hours minimum. You should ask visitors to arrive early and inform them when they will be able to leave. You need to ensure access is available for emergency vehicles. Highways Maintenance. T: (0113) 2474987. E: [email protected] to discuss your arrangements. • If you supply food (whether bought or cooked yourself) you must register with Leeds City Council at least 28 days before opening. Registration is free of charge. The details will be entered onto the Council’s register and certain details, such as type of business, address and telephone number, will be available for public inspection. Other information provided will not be publicly available. You can register on-line at www.gov.uk/food-business-registration/leeds/apply Food and Health Team, Leeds City Council T: 0113 247 6286. E: [email protected] W: leeds.gov.uk/licensing • If you are intending to sell alcohol, provide regulated entertainment and/or sell hot food or drink (after 11pm) then you must submit a Temporary Events Notice (TEN) or apply for a Premises Licence. There are two types of TEN. A standard TEN can be given at least ten working days before the event. A late TEN can be given between 9 and 5 working days before the event. These days do not include the day of the event or the day the authority receives the application. You must also give copies of the notice to the Police and Environmental Health no later than ten working days before the event (or between 9 and 5 days for a late TEN), unless you are applying electronically. You must be 18 years or older to give a TEN and can give a maximum of five TENs per year (2 of which can be "late"). If you are a personal licence holder, you can give a maximum of 50 TENs per year (10 of which can be "late"). Your event should have an occupancy of no more than 499 people, including staff, at any one time and last no more than 168 hours (7 days) with a minimum of 24 hours between events. A premises can only have no more than 12 events per calendar year with an aggregate of 21 days in total. A fee of £21 is payable with the notice. Further information: Entertainment Licensing Section. Tel: 0113 247 4095. Email: [email protected] W: leeds.gov.uk/licensing • Waste arising from a car park is classed as commercial waste. Any food/litter or other waste generated should be recycled or disposed of via a commercial waste and recycling collection service, not the domestic collection service. Commercial waste can be disposed of at Kirkstall Road Waste Transfer Station and Seacroft (East Leeds) Recycling Site Monday to Friday 0800-1600 hrs and Saturday 0800-1200 hrs. All trade customers are required to use the weighbridge. Minimum charges up to 200kg for mixed recycling is £27 and £38 for household waste. Payment is by cash or cheque, no cards are accepted. The maximum vehicle size is LGV1 at Kirkstall Road transfer station and LGV2 at the Seacroft recycling site. Full pricing details can be found at www.leeds.gov.uk/Business/Pages/BusinessWaste The Council currently contracts Associated Waste Management Limited (AWM) to collect their own business waste and they could collect yours too at the same price. You need to contact them directly to set up an account and they will bill you directly for collection, recycling and disposal services. Other waste management companies are available locally providing similar services. You can contact AWM on 0845 4567 128. You have a duty of care to ensure that the waste produced at your car park is handled safely and within the law. You must check that anyone that you pass your waste on to is authorised to take it and is going to deal with it lawfully. If you don’t take reasonable checks you could be responsible if something goes wrong. Further information about what the legal requirements are in relation to the waste you produce and advice on how to manage your waste is present in the Leeds Business Waste Handbook. You can download the handbook from www.leeds.gov.uk/Business/Pages/BusinessWaste For more information call the Environment Contact Centre T: 0113 222 4406 or E: [email protected] • If you are providing portable toilets you must get authorisation from Yorkshire Water before you discharge anything to their drainage system.