Alcohol and entertainment licensing policy statement

2.1 In preparing this Policy the Licensing Authority has had regard to the following policies, strategies and objectives:

• Buckinghamshire Council Corporate Plan
• Modern Day Slavery Statement
• Safer Buckinghamshire Plan
• Council Emergency Plan, PDF, 1.58 MB
• Equality Policy
• Enforcement Policy – Regulatory Functions, PDF, 110 KB
• Aylesbury Garden Town Plan

2.2 Many of these are not directly related to the promotion of the licensing objectives, but indirectly impact upon them. It is therefore important that the Licensing Authority’s Policy co-ordinates and integrates with these areas. Of particular importance is the Corporate Plan which sets out the Council’s ambition and vision; the following sections explain how this Policy integrates with the Council’s key priorities.

2.3 As a new organisation Buckinghamshire Council is developing new policies, plans and strategies in key areas such as planning, tourism and climate change. The Licensing Authority is committed to the integration of all relevant regimes so as to promote a sustainable and diverse leisure economy and, as part of that, the licensing objectives. It will do this by ensuring ongoing communication between the Licensing Authority and other relevant bodies so that matters of mutual concern and aspiration are discussed, joint working strategies developed, and by reflecting shared goals in this Policy.

2.4 At an operational level, the Licensing Authority will ensure that integration occurs through joint working arrangements and partnership working, particularly in relation to enforcement.

2.5 At a decision-making level, the Licensing Authority will respect the role that each regulatory scheme has in the development of a sustainable leisure economy. It will not in general attach conditions to licences where the matters of concern are adequately protected by other legislation. It will take into account the existence of other statutory controls when deciding what is appropriate in an individual case in order to promote the licensing objectives. In general, duplication will be avoided and control exercised through the most appropriate system.

2.6 People in Buckinghamshire are living longer and healthier lives than ever before, with health outcomes better than the national average. Buckinghamshire is a healthy and inclusive place to live, work and visit, but the Council still has a number of challenges. The Council wants to support its residents to live independent, fulfilling lives, within strong, healthy, inclusive and resilient communities

2.7 Licensed premises can help support this ambition by providing opportunities for people to come together and socialise. However, there are health risks associated with the consumption of alcohol. Licence holders and applicants for licences involving the sale or supply of alcohol are encouraged to consider the potential health impacts of their activities and adopt measures to mitigate risks to health. This could include staff training on the responsible sale of alcohol, avoiding promotions which encourage people to drink more and thinking about the type and alcohol content of drinks they sell.

2.8 The Licensing Authority will only consider matters relevant to the promotion of the four licensing objectives when undertaking its licensing functions. The Licensing Authority recognises that there is no specific ‘public health’ licensing objective, however it is recognised that there may be overlap between the four licensing objectives and health concerns. The Director of Public Health is a responsible authority and may make representation in respect of new and variation applications, as well as applications for review. When making a representation, the Director of Public Health is most likely to relate such representations to the objectives on public safety and protecting children from harm. This is likely to include the prevention of accidents, injuries and other immediate harms that can result from alcohol consumption, such as unconsciousness or alcohol poisoning. The Licensing Authority also recognises that public health officers have access to health information such as accident and emergency data and ambulance records, where consumption of alcohol has been a factor. This information can help identify areas where the sale and supply of alcohol is having a negative impact on one or more of the licensing objectives. The Licensing Authority encourages the use and sharing of this information where considered relevant and the data shows a clear link between the premises concerned and the data presented. This will promote the health and wellbeing of communities through reducing the harm caused by alcohol.

2.9 The Licensing Authority encourages public participation in the licensing system. Any person may make relevant representations on applications for new and variation applications and club premises certificates, as well as applying for and supporting review applications. This enables democratic participation in the licensing process allowing local residents, workers, businesses and town centre users to have a say in how the licensed economy is regulated and helps build more resilient communities. Persons do not have to live or work close to licensed premises to engage in the licensing process.

2.10 All applicants for licences are generally required by law to advertise their application by displaying a public notice on the premises and in a local newspaper and by serving a copy on statutory authorities such as the police and fire authority. In addition, the Council publishes details of all applications on its online public register on The Council’s website.

2.11 With a view to facilitating community engagement in the licensing process, the Licensing Authority will ensure that local town and parish councils are notified when a new or variation application is submitted in their area. The purpose of this approach is not to solicit representations to an application but merely to ensure local communities are notified when applications are made.

2.12 While the Licensing Authority wishes to encourage participation in the licensing process it is important to emphasise that the authority may only consider valid representations. Valid representations must be concerned with the promotion of one or more of the licensing objectives. The Licensing Authority are legally obliged not to consider any representation, whether in support or opposed to an application, which is not relevant to one or more of the objectives. The Licensing Authority will for example reject representations which only reference such things as a lack of commercial demand for licensed premises in an area or base objections only on moral grounds.

2.13 Buckinghamshire is a beautiful county with a stunning natural and historic landscape. Over a quarter of the county is within the Chilterns Area of Outstanding Natural Beauty and a further third is covered by the Metropolitan Green Belt. The Council wishes to:

• address climate change, improve the environment and create economic opportunities for clean growth.
• reduce the county’s environmental impact by promoting sustainability and reducing waste.
• improve air quality and people’s health, by reducing emissions and encouraging green transport options.

2.14 The Licensing Authority recognises that at first glance promoting environmental concerns is not one of the four licensing objectives, however it can be linked to public nuisance. Public nuisance is not defined in the Act and retains its broad common law meaning and may for example include, in appropriate circumstances, the reduction of the living and working amenity and environment of other persons living and working in the area of the licensed premises. Public nuisance may also arise as a result of artificial light, dust, odour and insects.

2.15 Licensed premises can contribute by helping to create a greener and cleaner environment by meeting their legal duties and also following best practice. Many venues are also likely to benefit financially by improving energy efficiency. Licensed operators are encouraged to:

a) Reduce, recycle, reuse:

• publish menus and promotion material online or on recycled materials.
• encourage customers to use refillable water bottles.
• improve recycling across all aspects of the business.
• train staff on sustainability best practice.
• consider reused and recycled furniture.

b) Improve energy efficiency:

• improve energy efficiency in heating and cooling. Close doors during colder periods and minimise use of outdoor heating.
• lighting: use LED lighting and turn lighting off when not in use.
• use energy efficient equipment to save on power use.

c) Reduce road traffic:

• develop and implement delivery and service plans that minimise traffic.
• consolidating supplies and using local suppliers.
• minimise waste collections.
• use low emission vehicles for deliveries and servicing which are less likely to cause noise and air quality nuisance.

2.16 While most people in Buckinghamshire live independent and healthy lives, some need extra support and protection. The Council wants children, adults and families to feel safe and supported to live independent lives.

2.17 Protecting children from harm is one of the core licensing objectives and protecting the vulnerable is a key priority of Buckinghamshire Council. Licensed premises can be a high-risk environment for children and young people. Risks can include underage consumption of alcohol, access and exposure to tobacco products and illegal drugs, exposure to violence and disorder and exposure to inappropriate entertainment. Although not common there is also the potential for exposure to sexual exploitation, modern slavery, human trafficking and illegal employment.

2.18 Operators of licensed premises are encouraged to put in place a safeguarding policy. The Council will expect operators of high-risk premises to have a written safeguarding policy and procedures including records of staff training. Further details are contained within the promoting the licensing objectives section of this Policy, protection of children from harm.

2.19 Buckinghamshire is a prosperous county and a successful place to do business, contributing significantly to the UK economy and ranked as the fourth most productive area in England. The county has low unemployment, higher than average household incomes, and boasts world-leading sectors. The Council wants:

• to encourage sustainable economic growth, working with partners to maximise opportunities and boost productivity.
• to continue to attract high quality jobs and investment in skills, innovation and connectivity, keeping Buckinghamshire one of the best places to do business.
• growth to benefit both new and existing communities, preserving the character of our environment while delivering everything we need to prosper.

2.20 This Policy contains a number of measures that supports this ambition:

• ensuring enforcement actions are targeted according to risk to avoid unnecessary burdens on compliant businesses.
• the avoidance of disproportionate or overly burdensome conditions where they are not justified.
• avoid duplication with other statutory regimes.
• consistency of decision making through the application of this Policy
• helping businesses develop robust operating schedules that promote the licensing objectives and reduce the likelihood of future interventions.

2.21 The Licensing Authority recognises that licensed premises are valuable in attracting tourists and visitors. They also help support vibrant communities and serve as major employers.

2.22 It is recognised that as a part of implementing local authority cultural strategies proper account has to be taken of the need to encourage and promote a broad range of entertainment. Where there is any indication that cultural events are being deterred by licensing requirements, the policy will be revisited with a view to investigating how the situation might be improved within the terms of the Licensing Act 2003.

2.23 In general, the Licensing Authority encourages the development of premises which are not alcohol led and which are aimed at different sectors of the population, including age and gender. Premises promoting the arts, a food offer or other cultural activities are particularly encouraged. Where premises, such as pubs, are mainly alcohol focused, they are encouraged to consider diversifying their offer so as to encourage a mixed customer base and wider attractions, including community uses, soft refreshments, snacks and live entertainment. Diversification is important in the promotion of the licensing objectives as well as ensuring a sustainable economic future for premises.

2.24 To ensure the development of cultural diversity the Licensing Authority has issued premises licences for many public spaces in the community including some town centre areas and parks. The Council will continue to encourage cultural diversity through licensing of public spaces. This might include, for example, village greens, market squares, community halls, council owned art centres and similar public areas. To help promote such activity many forms of entertainment have been deregulated which means no licence is required, providing no alcohol is sold. The Licensing Authority endorses the value of live performance and, where authorisation is needed, will seek to permit such activity when this is consistent with the promotion of the licensing objectives.

2.25 As part of its strategy for ensuring that public spaces are welcoming to all residents, businesses and visitors, the Council has made use of Public Space Protection Orders, PSPOs. PSPOs were introduced under the Anti-Social Behaviour, Crime and Policing Act 2014 as a means to tackle anti-social behaviour. They are designed to deal with a particular nuisance or problem in a specific area that is having a detrimental effect on the quality of life of the local community. This is achieved by imposing conditions on the use of that area that apply to everyone. They are intended to help ensure that the law abiding majority can use and enjoy public spaces, safe from anti-social behaviour. Failure to comply with an order is an offence and can lead to fines and prosecution for offenders. PSPOs have been introduced for a number of public spaces in Buckinghamshire, such as parks and town centres. The orders typically focus on prohibiting on consuming alcohol in the areas concerned but some orders also focus on other anti-social behaviour.

2.26 Buckinghamshire Council is committed to ensuring compliance with the Equality Act 2010 and to advancing equality of opportunity, fostering good relations, and eliminating discrimination, harassment and victimisation. The Council’s Equality Policy sets out the Council’s approach to equality and diversity in employment and in service delivery.

2.27 To ensure transparency, and to assist in the performance of this duty, in accordance with the Equality Act 2010 (Specific Duties) Regulations 2011 the Council will publish:

a) Equality objectives, at least every four years.

b) Information to demonstrate their compliance with the Public Sector Equality Duty annually.

2.28 Equality Impact Assessments (EqIAs) are used to ensure that the Council considers equalities issues and assesses the likely impact of its services, policies and decisions. It is possible to carry out an Equality Impact Assessment when there is a change or review to any aspect of the Council’s work and the focus may be policy; strategy; service; major project; or a group of services/policies. The completion of an initial screening template will be conducted on behalf of the Licensing Authority to determine if a full EqIA is needed alongside any relevant policy change.

2.29 The Licensing Authority recommends that licensees make themselves familiar with the requirements of the Equalities Act for the access and provision of services for persons within the nine protected groups identified by the legislation. The Act makes it unlawful to discriminate against anyone because of:

• age
• being or becoming a transsexual person
• being married or in a civil partnership
• being pregnant or on maternity leave
• disability
• race including colour, nationality, ethnic or national origin
• religion, belief or lack of religion/belief
• sex
• sexual orientation.

2.30 The Licensing Authority expects operators of licensed premises to assess their policies and procedures to ensure they comply with the Equalities Act. This is particularly relevant to ‘entrance policies’ which are expected to be inclusive and transparent.

2.31 The aims of this Policy are not just achieved through decision making. They are also achieved through formal and informal partnerships. In order to achieve this the Council is committed to partnership working with the police, fire & rescue authority, child protection agencies, local businesses, residents and others.

2.32 Among the partnership initiatives operating in the area are:

The Licensing Authority, together with Thames Valley Police, Trading Standards and Community Safety will enforce the law relating to the sale of alcohol to drunk and underage people and drunkenness and disorder on, or in the immediate vicinity of licensed premises. Targeted and joint enforcement initiatives will be undertaken in line with the Legislative and Regulatory Reform Act 2006, see Enforcement section.

This important scheme enables partnership working between licensed premises themselves and also with the police, so as to foster a joint understanding of the measures needed to produce a vibrant but safe leisure economy. The Licensing Authority strongly encourages universal participation in Pubwatch as a measure of the premises management’s commitment to the promotion of the licensing objectives. The Council’s licensing service can provide details of local schemes and help with guidance and assistance to set a scheme up where on doesn’t current exist.

The Crime & Disorder Act 1998 gave the police and local authorities powers to join with other organisations to form a local Community Safety Partnership. The role of the partnership is to develop an action plan to reduce crime within the local area.

The priorities of the partnership include helping communities become more resilient, protecting children and the vulnerable, addressing the impact of drugs and alcohol and poor mental health, tackling domestic violence and abuse and dealing with offending. Drug and alcohol misuse is often a factor in many instances of criminal behaviour, disorder and anti-social behaviour.

The partnership brings together council officers, businesses, residents and local organisations with an interest in the future of Aylesbury town centre. The result has been a programme of initiatives which have helped to transform the area, improve safety, support businesses, attract new investment and new retailers and increase footfall.

The not-for-profit partnership works on behalf of over 675 businesses within High Wycombe town centre. The BID work with the local community, including statutory agencies such as the police and Council’s licensing service, to help make the town look better and feel safer. The BID also organise activities throughout the year to help promote the town centre area and encourage footfall.

2.33 Planning permission is usually required for the building of new premises or the material change of use of premises from one ‘Use Class’ to another. Building regulations approval is concerned with the construction and changes to buildings.

2.34 In general, planning is concerned with land use and building regulations are concerned with building safety, whereas licensing is concerned with more detailed operational matters. Accordingly, applicants for premises licence are encouraged to ensure that the proposed use would amount to a lawful planning use and any planned works to the building meet the relevant building regulations requirements. There is no legal basis for the Licensing Authority to refuse a licence application merely because the proposal does not have planning permission or the appropriate building regulations approval. However, the Licensing Authority will take account of the lack of the requisite consent or approval to the extent that this is relevant to the licensing objectives.

2.35 The fact that premises have a planning permission for the proposed use does not guarantee the grant of a premises licence for the use. In general, the licensing system will provide the detailed control of operational matters, which are unlikely to be addressed through the planning process. However, there will be overlapping issues of interest, for example disturbance, which will remain material considerations for both planning and licensing purposes. There may be circumstances when a terminal hour condition has been attached to the planning permission for the use of the premises for commercial purposes. Where these hours are different from the permitted licensing hours, the applicant must observe the earlier closing time. Premises operating in breach of either their planning or licensing permissions would be liable to enforcement action under the applicable legislation.

2.36 Licensing is not the primary mechanism for controlling anti-social behaviour away from premises and beyond the direct control of operators. However, it is a key aspect of such control and licensing law is part of the holistic approach to the management of the evening and night time economy in town and city centres as well as rural areas and to some extent during the daytime too. Therefore, this Policy acknowledges the contribution of individual premises and, in certain circumstances, groups of premises to anti-social behaviour.