Promotion of the Licensing Objectives

The Council will carry out its functions under the Act with a view to promoting the four licensing objectives. Each is of equal importance and the four objectives will be paramount considerations for the Council at all times.

It is for the applicant to decide what, if any, measures to suggest in its operating schedule in order to address any potential concerns that might arise in the promotion of the licensing objectives. However in order to support this process, the Council has developed a 'pool of conditions' from which appropriate and proportionate conditions can be drawn in order to promote the licensing objectives. Such conditions can be adapted where necessary to suit the individual circumstances of each application. This pool of conditions will be subject to continuous development and will be made available on the Council's website.

The Council recommends that applicants risk assess their operation against the four licensing objectives to identify potential areas of concern. An operating schedule should include information which is necessary to enable any responsible authority or other person to assess whether the steps to be taken to promote the licensing objectives are satisfactory.

It is recognised by the Council that licensed premises vary considerably in terms of the offer made, size, occupancy, location, clientele etc. Venues may offer alcohol, regulated entertainment or late night refreshment or a combination of these activities. There is as a result, no definitive list of control measures that should be introduced by all premises. Licensed premises will be assessed according to the activities they provide and the individual risk of each premises' activity.

In preparing an operating schedule, applicants should have regard to the requirements of this Statement of Licensing Policy and the Section 182 Guidance issued by the Secretary of State, which can be found on the Department for Culture Media and Sport's website at: https://www.gov.uk/government/revised-s-182-of-licensing-act-2003

It is alsorecommended that applicants should be aware of the expectations of the Council and the responsible authorities with regard to the steps that are necessary for the promotion of the licensing objectives. It may therefore be sensible for applicants to seek the views of the key responsible authorities before formally submitting applications and having completed drafts of their own operating schedules (after considering the effect on the four licensing objectives). For example, on matters relating to crime and disorder, the local Police might be consulted and on matters relating to noise and nuisance, local Environmental Health Officers might be consulted. Such co- operative effort should minimise the number of disputes which arise in respect of operating schedules.

Where there are no disputes, the steps an applicant proposes to take to promote the licensing objectives which have been set out in the operating schedule, will very often translate directly into conditions that will be attached to the premises licence.

Applicants are reminded that responsible authorities or other persons may make representations if they feel that the applicant's proposals do not adequately promote the licensing objectives. An applicant who proposes no measures to promote the licensing objectives may therefore face more representations than an applicant who risk assesses their operation and proposes necessary and proportionate measures.

If relevant representations are made in relation to a premises licence or club premises certificate, the Council will consider whether it is necessary to impose conditions to regulate behaviour on, or in the vicinity of the premises, in order to promote the four licensing objectives.

The steps to be taken should be both realistic and within the control of the applicant and management of the premises. If a licence is granted with conditions attached requiring the implementation of such steps, the conditions will be enforceable in law and it will be a criminal offence to fail to comply with them (under Section 136 of the Act). As such, it would be wholly inappropriate to impose conditions outside the control of those responsible for the running of the premises.

As well as the general requirements of this policy, in considering the steps to be taken to promote the licensing objectives, the applicant should also give consideration to the additional factors listed in Appendix 1.

The Prevention of Crime and Disorder

Under the Crime and Disorder Act 1998, the Council must exercise its functions having regard to the likely effect on crime and disorder in its area and must do all it can to prevent crime and disorder. Where its discretion is engaged, the Council will seek to promote the licensing objective of preventing crime and disorder in a manner which supports the Community Safety Plan and any other related crime reduction strategies.

In addition the objective of preventing crime and disorder aligns with the broader Council policy principle of protecting the vulnerable. Related issues that can be considered by responsible authorities when considering the crime and disorder objective include:-

•      The number of alcohol related ambulance call outs in a given area, or the number of alcohol related assaults that present to Accident & Emergency from a given area.

•      The number of recorded crimes attributable to alcohol, alcohol related violent crime and sexual crimes attributable to alcohol in a given area.

•      Levels of binge drinking and how the behaviour of patrons can impact on levels of crime and disorder within the area.

The Prevention of Public Nuisance

 In considering the promotion of the public nuisance licensing objective, applicants need to focus on the effect of licensable activities on persons living and working in the area around the premise which may be disproportionate or unreasonable.

Public nuisance in this context is not narrowly defined and can include low level nuisance affecting a few people living locally, as well as a major disturbance affecting the whole community.

This objective has aspects that link to the broader Council policy principle of developing strong, healthy communities and also the Public Health goal of developing healthy, sustainable places and communities, given that raised levels of nuisance and antisocial behaviour have a direct effect on people's lives and influence how they interact with the rest of the community. Wider considerations when promoting this licensing objective may include:-

• Issues of noise nuisance, particularly associated with late opening times.
• Litter generated by the premises, or clientele of the premises.
• Light pollution/nuisance, particularly associated with late opening times.
• Levels of binge drinking, and how the behaviour of patrons can cause issues of nuisance and antisocial behaviour.

The Council considers that patrons who are using external smoking areas or shelters are there as a direct result of the licensed premises and are within the control of the licensee and the licensing objectives.

It should be noted that licensing law is not the primary mechanism for the general control of nuisance and antisocial behaviour by individuals, especially once they are away from the licensed premises and, therefore, beyond the direct control of the individual, club or business holding the licence, certificate or authorisation concerned. Nonetheless, it is a key aspect of such control and licensing law will always be part of a holistic approach to the management of the evening and night-time economy in town centres.

The Protection of Children from Harm

This objective clearly aligns with the strategic goal of ensuring all children have the best start in life and enabling all children and young people to maximise their capabilities and have control over their lives. The protection of children from harm includes protection from physical, psychological and moral harm. Potential considerations to be included within this could be:-

• How to ensure underage sales and proxy purchasing does not take place.
• How to avoid under age alcohol related hospital admissions.
• How to reduce crime/disorder/antisocial behaviour by young people linked to alcohol use.
• How to reduce cases of Foetal Alcohol Spectrum Disorder (FASD).

Whilst children may be adequately protected from harm by the action taken to protect adults, they may also need special consideration, and no policy can anticipate every situation. When addressing the issue of protecting children from harm, the applicant must demonstrate that those factors that may particularly impact on children have been considered. These include:

• Where entertainment or services of an adult or sexual nature are provided.
• Where there have been convictions of members of the current staff at the premises for serving alcohol to persons under 18 years of age.
• Where the premises have a reputation for underage drinking.
• Where there has been a known association with drug taking or dealing.
• Where there is a strong element of gambling on the premises.
• Where the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided at the premises.

Operators of premises where children are to be permitted access should employ or engage a sufficient number of people and have appropriate management protocols in place, to secure the protection of children from harm.

One of the risks at licensed premises is that of sexual exploitation. To minimise the risk to children and young people, premises need to have preventative systems in place. An extract from the Government's definition of child sexual exploitation says:-

Sexual exploitation of children and young people under 18 involves exploitative situations, contexts and relationships where young people (or a third person or persons) receive something e.g. food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money, as a result of them performing and/or another or others performing on them, sexual activities.

Licensed premises are places where people go to socialise, have a drink, relax and enjoy themselves and as such they provide an ideal environment for the grooming and sexual exploitation of children and young people. A premise could be misused for this kind of activity by the people who are socialising or working there. For example:

• Adult venues (such as night clubs and sexual entertainment venues) may attract groomers if the premise is frequented by children or young people.
• Where underage drinking takes place, children and young people are at risk because their judgement is impaired.
• Premises providing goods or services that can be offered to children as gifts in exchange for sexual favours (e.g. free food, drinks or cigarettes, free transport, free access to a venue) present a risk if a groomer is employed there or works voluntarily and has regular or private contact with children. This could include takeaway food premises.
• Children and young people are vulnerable in areas of premises that are not supervised or security checked e.g. toilets, beer gardens, play zones.
• Premises providing facilities for private parties, private dancing, entertainment booths or overnight accommodation, may be vulnerable to the risk of child sexual exploitation.

It is recommended that safeguarding measures are taken to protect children and young people from child sexual exploitation. These can include:-

• Undertaking a written children and young people's risk assessment and use it to inform operating policy and staff training. This could be used for example to promote good safeguarding practices when hot takeaway food deliveries are made to unaccompanied children.
• Training staff to recognise indicators of sexual exploitation and how to report concerns.
• Training staff to operate an age verification scheme, know what types of identification are acceptable and to recognise signs of proxy purchases of alcohol. All staff training records to be maintained.
• Monitoring activity at the premises e.g. by using CCTV or regular patrols. Patrol records should be maintained.
• Reporting suspicious activity to the Police, including details such as vehicle registration numbers, description of individuals etc., and recording the information in an incident log.

Where entertainment is to be provided specifically for children, and it is likely that a child will be left in the care of a person employed by or contracted to the management of the premises for that purpose, or left in the care of a person using that premises for the provision of children's entertainment, the licensing authority expects that enhanced checks with the Disclosure and Barring Service (DBS) are carried out for the persons providing the entertainment to, or supervising, the children.

The licensing authority may, in appropriate circumstances, attach conditions to a licence in order to control entertainment specifically aimed at children or otherwise to ensure adequate supervision.

Ensuring Public Safety

The public safety objective includes the safety of persons using the premises and will relate not only to safety in respect of the physical state of the premises, which will include their curtilage and means of entry and exit, but also safety in respect of activities taking place on them e.g. foam parties or the use of pyrotechnics or other special effects. This will include the safety of any performers appearing at the premises. The public safety objective may also extend to matters outside the confines of the premises themselves so as to include public safety in the vicinity of the premises e.g. the nature of an access route to the premises or conduct taking place outside the premises on areas like pavements where customers may be queuing to gain access. All of this aligns with the Council's strategic goal of ensuring that leisure and entertainment activities are safe and well managed.

The Council will not seek to impose conditions on matters that are regulated by other pieces of legislation. This includes for example fire safety requirements applied by the Regulatory Reform (Fire Safety) Order 2005 and the duty imposed on employers to ensure the health and safety of its workers and other persons who may be affected by the place of work under the Health and Safety at Work Act 1974.

Capacity limits will only be imposed where appropriate for the promotion of public safety or for reasons of crime and disorder. Capacity limits will not be imposed as a condition of the licence on fire safety grounds.

Conditions requiring possession of certificates on the safety or satisfactory nature of equipment or fixtures on the premise will not normally be imposed as those are dealt with by other legislation. However if it is considered necessary in light of the evidence in each individual case, conditions may be imposed requiring checks on the equipment to be conducted at specified intervals and evidence of the checks to be retained. Conditions may also seek to require equipment of particular standards to be maintained on the premises.

Special events in the open air like live musical and similar entertainment or those using temporary structures, like temporary stages and stands or marquees, raise particular public safety issues. The success of such events by way of contribution to the Council's cultural and tourist strategies depends upon the quality and standard of the facilities for those coming to enjoy the event, the levels of safety and consideration for the rights of people who live or work in the vicinity.

If an applicant is planning a major event, such as a pop festival, the Council expects the applicant to give early notice of such major events to allow responsible authorities to discuss operating schedules with the organisers well before a formal application is submitted. Many of these events will give rise to special considerations in respect of public safety. Applicants are advised to submit their applications at least six months in advance of the event.

The Council will offer assistance and guidance on the planning of such events through the Independent Safety Advisory Group (ISAG) which is a multi-agency group providing practical help and advice to event organisers with regard to staging public events in a safe environment. The group is made up of officers from all the emergency services, the Council and other relevant organisations. The Group will consider event plans, looking at the content and structure of safety systems, and will comment on matters such as health and safety issues, licensing requirements, traffic issues including road closures, medical cover and much more, which event organisers may find useful when planning their event.