Standard conditions
LICENCE TO FILM ON THE PUBLIC HIGHWAY AND LICENCE FOR PLACING AND USE OF OBJECTS ASSOCIATED WITH FILMING
The following conditions must be observed in respect of all Filming Notices and/or licences to place and use objects associated with filming granted by East Sussex Highways:
General filming requirements
1. Before any occupation occurs for the filming on the highway (including the placing and use of film objects (such term meaning those objects specified in section 5 of the application form and approved by East Sussex Highways):
- The applicant must discuss the Filming Operation in detail with the local Police (if applicable) for the area and provide written confirmation of their response and requirements (if any);
- Traffic management measures risk assessments and method statements must be submitted to East Sussex Highways (unless advised in writing by East Sussex Highways such items are not required). All traffic management must comply with Safety at Street Works and Road Works - A Code of Practice the Traffic Signs Regulations and General Directions, and with Chapter 8 of the Traffic Signs Manual;
- The applicant must send written notice of the Filming Operation to all frontagers in the immediate vicinity of the proposed filming location no less than 2 weeks prior to the start of filming. Such notice must give details of the location, duration and timing of the filming, any exterior sequences, lighting arrangements, use of cranes or tracking, any proposed parking arrangements, the number of people on location, any dressing of the location, any stunts and any other special arrangements as well as film production contact details.
- If a Film Notice is required then no later than 24 hours before the time the Film Notice shall take effect notice of the Film Notice in the prescribed form shall be posted by the applicant on site at each end of the highway the subject of the closure and occupation shall not occur until the Film Notice takes effect.
For the purposes of these standard conditions ‘Filming Operation’ shall mean the filming and all related activities and operations
2. The applicant must comply with any conditions imposed by the local Police whether as provided in their response referred to in condition 1(a) above or otherwise.
3. The applicant must comply with the traffic management risk assessment method statements submitted to East Sussex Highways as referred to in condition 1(b) above and any variations thereto.
4. The applicant must take full responsibility for all relevant obligations under the Health and Safety at Work Act 1974 in respect of the Filming Operation and must carry out and act upon a full, site-specific risk assessment for the Filming Operation. The applicant must nominate a competent safety officer who must ensure that health and safety issues are addressed whilst the production is “on-location‟ on the highway.
5. Location and/or filming credits must be acknowledged for all filming activity on the highway. Credits should refer to East Sussex County Council (ESCC) and East Sussex Highways.
6. Filming on the highway shall only take place during the hours specified and approved in the application form and must not take place between the following hours without the express permission of East Sussex Highways:
- 22:00 hours and 08:00 hours
Permission to film outside of these hours will only be granted with the full agreement of residents, the Police Service, ESCC / East Sussex Highways and the relevant District / Borough Council.
Highway condition
7. Applicants should inspect the highway before its occupation and report any damage to East Sussex Highways. Failure to do so will imply that the highway is in good order and the applicant will be charged for repairs to any damage subsequently reported during the approval period.
8. The highway the subject of Filming Operations shall be kept/maintained in a clean and tidy condition during the approval period and any spillage or debris shall be swept and removed from the highway.
Place and use of objects on the highway
9. A Film Notice once in effect only allows occupation of the highway in question subject to the terms of such notice and does not save as provided by this approval authorise the placement and/or use of objects and structures within the highway which would otherwise be unlawful.
10. The applicant shall only be authorised to place and use such film objects on the highway as detailed in the application form and approved by East Sussex Highways for the period of this licence.
11. The operation and use of all film objects shall at all times be under the care and supervision of a competent and suitable qualified person.
12. Unless detailed in the application form and approved by East Sussex Highways the applicant must not;
- use rain/snow machines or wet down footways or carriageways; and
- disguise or obscure carriageway markings and street furniture. At no time may carriageway markings be painted out or covered with adhesive tape.
13. The applicant must not run cables over the highway in such a manner to cause a hazard to the general public, residents or businesses. Cables must be suspended over the highway at a minimum clearance of 2.6 metres (8 ft 6 in) above the footway, or 5.2 metres (17 ft) above the carriageway, unless East Sussex Highways agrees otherwise. The use of cable ramps as an alternative to flying cables will not be allowed except with the express permission of East Sussex Highways. Street furniture must not be used as a supporting structure for any film object under any circumstances.
14. In reference to Standard Filming Structures (as referred to in section 5 of the application form) the applicant must not use any lighting units, cameras or other equipment in such a manner to cause a hazard to the general public, residents or businesses.
15. The special effects objects, filming structures, and film production structures (as referred to in section 5 of the application form) shall:
- only be erected operated and dismantled (where applicable) by competent and suitably qualified person(s); and
- where it is a crane it must be banked at all times and care must be taken to avoid overhead wires and cables
16. Where Film Production Structures have been approved by East Sussex Highways they must at all times be kept within the sections of highway authorised by East Sussex Highways and strictly only for the times so permitted.
Signing and guarding of film objects
17. Any film objects that will be kept on the highway overnight must be:
- clearly marked with the licence number, owner’s name, address and a 24hour telephone number and these must be kept clean and legible at all times on a board measuring no greater than 1.0 Sqm. The structure shall not display any advertisement
- Unless advised otherwise by East Sussex Highways, lit and the lights maintained between half an hour before sunset and half an hour after sunrise. Lights shall comply with Safety at Street Works and Road Works - A Code of Practice, the Traffic Signs Regulations and General Directions, and with Chapter 8 of the Traffic Signs Manual
- signed and guarded in accordance with Safety at Street Works and Road Works - A Code of Practice, the Traffic Signs Regulations and General Directions, and with Chapter 8 of the Traffic Signs Manual
Highway safety
18. Save for where there is a Film Notice in effect:
- no film object shall obstruct visibility of junctions, road signs, traffic lights or other street furniture or interfere with the pedestrian or vehicle traffic flow;
- a 1.5m clear walkway must be maintained at all times on the footway. If this cannot be provided on the footway then a suitable alternative must be provided and shall comply with Safety at Street Works and Road Works - A Code of Practice; and
- the film object shall be positioned so as not to obstruct the access to any premises, unless done with the consent of the owner
19. Film objects are not to be positioned over gullies, fire hydrants, inspection valves or other covers, and where necessary shall be placed approximately 150mm away from the kerb edge (where stored on the carriageway) so that the surface water drainage is not impeded.
20. Unless otherwise approved by East Sussex Highways, objects shall not contain any flammable, explosive, corrosive, noxious materials or any material which is likely to putrefy, damage, pollute the highway or become a nuisance to users of the highway.
Expiry and breaches of approval
21. The applicant must notify East Sussex Highways by telephone or email no later than one working day after removal of the film objects from the highway and/or the leaving of occupation of the highway. If the applicant fails to provide such notice then it shall be deemed the condition of the highway upon removal of the Film Objects and/or the leaving of occupation of the highway is that condition as of the date East Sussex Highways becomes aware of the removal and/or leaving and inspects the highway.
22. The highway may be inspected by East Sussex Highways upon removal of the film objects and/or leaving of occupation of the highway and any damage to the highway shall be recharged to the applicant.
23. No film object shall remain on the highway once the approval has expired.
24. Right is reserved to remove the film objects from the highway without notice if conditions of the approval have not been complied with. Costs will be recharged to the applicant.
25. All film objects on the highway without an approval will be removed without notice. Cost will be charged to the owner of the Film Objects and/or the person that has directed the depositing of the objects.
26. If the applicant wishes to extend or renew the approval a further application will need to be made to East Sussex Highways. The application must be received no later than five working days before the expiry of the current approval.
Legal indemnity
27. The applicant indemnifies and saves harmless East Sussex County Council and East Sussex Highways and/or its officers and agents against and from all claims, demands, actions, costs and damages however arising out of by or in consequence of the occupation of the highway and the placing and use of film objects on the highway.
28. Where the applicant is a body corporate then the person authorised to make this application on its behalf agrees to indemnify East Sussex County Council and East Sussex Highways on the same terms as stated in standard condition 27 above and any costs or expenses incurred by East Sussex County Council / East Sussex Highways due to a breach of any the terms and conditions of this approval, joint and severally.
29. The applicant must take out and maintain public liability insurance for a sum of at least ten million pounds (£10,000,000) in respect of any one claim and shall on request by East Sussex County Council and East Sussex Highways produce for inspection the relevant policies of insurance together with receipts for the premiums paid.
30. The applicant acknowledges that the issue of this approval by East Sussex County Council / East Sussex Highways does not imply that the highway in question is suitable or fit for the intended purpose and the applicant warrants that it has relied upon its own enquiries and holds East Sussex County Council and East Sussex Highways harmless in this regard.
31. This approval pertains only to Film Notices and licences for placing and using film objects on the highway and for no other purpose or consent. The applicant must obtain any other consent which may be required.
Miscellaneous provisions
32. Additional conditions may apply and these may be determined by a site visit prior to an approval being issued. These additional conditions form part of the approval
33. When a film object is to be retained in a parking area which normally has a parking charge or resident parking, permission must be sought from the Parking Authority.
34. Right is reserved to request the removal of the film objects (or any part thereof) should East Sussex County Council / East Sussex Highways deem this necessary in the event of an emergency or for operational requirement.
35. The applicant shall immediately remove the film objects (or any part thereof) at the request of any statutory undertaker who requires the site.