Alcohol and entertainment licensing policy statement

3.1 Applicants for premises licences and club premises certificates are required to complete an “operating schedule” showing the proposed licensable activities, the operating hours, and the measures which they propose to promote the licensing objectives.

3.2 Applicants are strongly encouraged to read this policy when preparing their applications and to include the standards and, where relevant, licensing hours, set out in this Policy. While applicants are legally entitled to make applications without complying with this Policy, a failure to comply with the Policy is more likely to lead to objections, delay, extra cost and referral of the application to the Council’s licensing sub-committee for determination at a public hearing.

3.3 Responsible authorities, local residents, residents’ groups, local businesses and other parties that are considering making a representation are also encouraged to refer to this Policy. The expected standards in relation to the promotion of the licensing objectives may help in submitting a valid representation which focuses on one or more of the licensing objectives.

3.4 If no relevant representations are received, the Licensing Authority has a legal duty to grant the application, subject only to the terms of the applicant’s operating schedule and any mandatory conditions. If, however, valid representations are received, the Licensing Authority is required to determine the application and the decision is usually made by the Council’s licensing sub-committee.

3.5 In determining the application, the Licensing Authority is likely to apply the standards set out in this policy, unless exceptional circumstances can be demonstrated and the objectives of the Policy are achievable through other means.

3.6 The Licensing Authority will also take this Policy into account when deciding upon review applications. If a failure to comply with the Policy has been a contributory factor in the non-promotion of the licensing objectives, this is likely to be reflected in any decision made by the Licensing Authority.

3.7 The Licensing Authority will also refer to the Policy when considering contested personal licence applications and temporary event notices.

3.8 Where reference is made in this Policy to Licensing Authority decisions in respect of applications for example regarding hours of operation or imposing particular conditions, it is emphasised that this is only in circumstances where relevant representations have been received. The Licensing Authority has no discretion to refuse or grant applications subject to different conditions than those applied for if no valid representations have been made.

3.9 In general, the Licensing Authority will set the hours of licensed premises according to the individual merits of the case.

3.10 In some circumstances, flexible licensing hours can help to avoid harm to the licensing objectives caused by customers leaving licensed premises at the same time. Varied closing times can also help to promote diverse leisure economies.

3.11 However, inline with the duty to promote the licensing objectives, the Licensing Authority’s Policy is to respect the right of residents to peace and quiet. In general, the Licensing Authority will take a more stringent approach to licensing hours in areas of higher residential density where there is greater risk of public nuisance.

3.12 The Licensing Authority’s experience is that premises which are alcohol-led are more likely to give rise to concerns regarding late night nuisance and crime and disorder, the more so when they involve one or more of the following:

• Directed at a younger clientele
• Involve vertical drinking
• Playing of loud music
• Include outside drinking areas

Premises falling within this category will be expected to demonstrate clearly, including by the use of licence conditions and management systems, that the hours applied for will not risk harm to the licensing objectives.

3.13 Shops, stores and supermarkets will normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours. Further, in the case of individual shops which are known to be a focus of disorder and disturbance then, subject to representations from, for example, the police or other persons, a limitation on licensing hours may be appropriate.

3.14 The Licensing Authority seeks to encourage the highest standards of management in licensed premises and expects this to be demonstrated through the operating schedule. When assessing the applicant’s or licensee’s ability to demonstrate a commitment to high standards of management the Licensing Authority will take into account whether the applicant or licensee:

• Can demonstrate comprehensive knowledge of best practice.
• Has sought advice from the responsible authorities.
• Has implemented any advice that has been given by the responsible authorities.
• Is able to understand verbal and written advice and legal requirements.
• Can demonstrate knowledge of the licensing objectives, relevant parts of the Policy and their responsibilities under the Licensing Act 2003.
• Is able to run their businesses lawfully and in accordance with good business practices.
• Can demonstrate a track record of compliance with legal requirements.

3.15 Where there is a history and pattern of non-compliance associated with the management of the premises, linked to an adverse affect on the promotion of the licensing objectives, the Licensing Authority is unlikely to grant a new or variation application, or permit premises to continue to operate without further restrictions on review, unless there is evidence of significant improvement in management standards.

3.16 There are three types of conditions that may apply to premises licence and club premises certificates:

• Proposed conditions presented by the applicant in their application.
• Imposed conditions by the Licensing Authority when relevant representations have been received in relation to an application or when determining an application for review.
• Mandatory conditions which the Licensing Act 2003 requires to be applied.

3.17 This section concerns the first two of those methods. Mandatory conditions are obligatory conditions that apply to all licensed premises depending on the particular licensable activities they carry out so this Policy does not deal with them. Further information about mandatory conditions is available in Chapter 8 of the Revised Section 182 Guidance.

3.18 The Licensing Authority considers that conditions play a key part in the promotion of the licensing objectives. Before making applications, applicants are expected to risk assess their proposed operations with reference to the licensing objectives. Potential applicants are encouraged to discuss their proposals with the Licensing Authority and responsible authorities. This will help them to formulate proposed conditions which will meet the licensing objectives and avoid objections (“relevant representations”). Where they fail to do so and relevant representations are received, the Licensing Authority will have to consider whether additional conditions are appropriate to promote the licensing objectives. Breaches of condition in and of themselves are an offence under Section 136 of the Licensing Act and on summary conviction can lead to an unlimited fine and/or up to 6 months in prison.

3.19 In preparing their applications, applicants are strongly encouraged to consider the terms of this Policy in general and this chapter in particular. In considering applications, the Licensing Authority will also take this Policy as a starting point.

3.20 A key concept underpinning the Act is that conditions attached to licences and certificates are tailored to the individual style and characteristics of the premises and licensable activities concerned. It is not the intention to impose disproportionate or overly burdensome conditions where they are not justified. Conditions may only be imposed on licences where they are appropriate and proportionate for the promotion of one or more of the licensing objectives. Nevertheless, when deciding what conditions are appropriate and proportionate, the Licensing Authority will be strongly guided by this Policy and the Licensing Act. If an applicant wishes to state that a particular condition should not to be applied, the applicant will be expected to explain why.

3.21 Applicants’ attention is drawn to the non-exhaustive pool of conditions published by the licensing service and available on the Council’s website. These conditions may be of use to applicants when completing operating schedules. In accordance with case law, (Crawley BC v Attenborough [2006]), the licensing authority is entitled to go through any draft conditions which are being offered by the applicant or as part of the application process and to advise them of appropriate wording which will make the condition clear and enforceable and seek their agreement to amend their application to achieve this objective. The conditions listed are similar to those which the Licensing Authority has found particularly useful in promoting the licensing objectives when addressing concerns raised by responsible authorities and other parties. In appropriate circumstances, the Licensing Authority will draw upon these conditions when exercising its licensing powers. In addition there is further guidance on conditions in Chapter 8 of the Revised Section 182 Guidance.

Applicants and the Licensing Authority may also draw on other sources, including the following:

• The Purple Guide to Health, Safety and Welfare at Music and Other Events
• Managing crowds safely (Health and Safety Executive)
• Fire safety risk assessments small and medium places of assembly (up to 300 people)
• Fire safety risk assessments large places of assembly (over 300 people)

3.22 In proposing licence conditions, applicants are expected to take into account the standards and other matters set out below. Where relevant representations are made, it is the policy of the Licensing Authority to impose conditions reflecting such standards where applicable unless the case is exceptional. A case will not be considered exceptional unless the applicant can demonstrate that the licensing objectives will not be harmed by the omission of the condition or can be met in some other way.

3.23 In considering variation applications, decision concerning conditions will be confined to the subject matter of the application as per case law (Taylor vs Manchester City Council [2012]). In practice this means that conditions will not be imposed in response to a variation application that do not relate to the application sought.

3.24 In considering review applications, the Licensing Authority will take into account whether such standards have previously been observed at the premises and whether such standards are appropriate in order to promote the licensing objectives.

3.25 The Policy restricts itself to the control of licensed premises, qualifying clubs and temporary events within the terms of the Act. Therefore, conditions will focus on matters within the control of operators, centring on the premises and the vicinity.

3.26 Section 17 of the Crime and Disorder Act 1998 places a legal duty on the Council to consider the reduction of crime and disorder, including the reduction of anti-social behaviour, in all its activities. The Licensing Authority will look to the police as the main source of advice on crime and disorder matters and will also seek to involve the local Community Safety Partnership for advice on anti-social behaviour.

3.27 Applicants are expected to demonstrate in their operating schedule how they intend to promote the crime prevention objective in relation to the licensable activities provided. Applicants should also consider local circumstances, for example such as the terminal hour of other licensed premises in close proximity, local crime and anti-social behaviour ‘hot spots’ and the position of taxi ranks and other transport hubs.

3.28 The Licensing Authority will treat the police as the main source of advice on conditions to be applied in order to promote the crime prevention objective. Conditions imposed on licences will, so far as possible, reflect any local crime prevention strategies and the local Police and Crime Plan published by the Police and Crime Commissioner for Thames Valley.

3.29 Applicants are encouraged to discuss the crime prevention procedures and arrangements with the Licensing Authority and the police before making an application.

3.30 The Licensing Authority encourages Designated Premises Supervisors and others connected with the sale of alcohol to attend meetings aimed at the reduction of crime and disorder such as local Pubwatch and Shopwatch schemes.

3.31 The prevention of crime includes preventing offences under the Immigration Act 2016 related to illegal working in licensed premises. The Licensing Authority will look to Home Office Immigration Enforcement, as well as the police, for advice in respect of these matters.

3.32 In considering licence applications, where a relevant representation has been made, or if advice is sought from a potential applicant regarding the crime and disorder objective, the Licensing Authority will particularly consider the following:

Robust systems of accountability should be in place to ensure the premises are run in accordance with the Premises Licence or Club Registration Certificate. Such systems should clearly show how duties will be delegated, deal with authorisations to dispense alcohol and identify who is in control of the premises on a day to day basis.

It is expected that all premises licensed to sell and supply alcohol will have measures in place to prevent:

• The sale and supply of alcohol to children
• Serving alcohol to customers who are drunk
• Permitting drunkenness on the premises
• Encouraging irresponsible drinks promotions
• Spiking of drinks
• Anti-social street drinking in the local vicinity.

The expected measures include written policies and procedures, documented staff training and refresher training, the use of refusal logs and incident reports and use of appropriate signage.

The use of drinking vessels made of toughened glass, plastic or other materials that do not form a sharp edge when broken reduce the risk of serious injury and should be considered in environments where there is an increased risk of disorder and threats to public safety. Higher risk environments include nightclubs, late night pubs and bars and venues hosting major sporting events. Frequent collection of all empty drinking vessels and avoiding passing glass bottles to customers will help prevent theses items being used as weapons. Careful consideration should be given to the choice of drinking vessel in outside drinking areas.

Street drinking can cause nuisance as well as crime and disorder. Where there is a history of anti-social behaviour associated with street drinking in an area, the Licensing Authority may impose additional restrictions on licences for the sale of alcohol for consumption off the premises. Additional restrictions may include not selling high strength beer and cider, not selling cans and bottles in single cans and discouraging the sale of alcohol to known street drinkers. Applicants intending to sell alcohol for consumption off the premises are advised to refer to the section on Public Space Protection Orders (PSPOs).

Physical security features installed in the premises should reflect the potential risks of crime and disorder occurring. This may include the position and design of cash registers, where and how alcohol is stored in ‘off licences’, and the installation, management and maintenance of closed-circuit television (CCTV) equipment. A ‘designing out crime’ approach when designing premises, for example by providing for good sightlines and lighting in the venue, will help identify the appropriate measures necessary to reduce the risk of crime and disorder.

The presence of closed-circuit television (CCTV) cameras both inside and immediately outside the premises can actively deter disorder, nuisance, anti-social behaviour and crime generally. CCTV may have to be provided in certain circumstances and certain type of premises. This is particularly appropriate where there is good reason to suppose that disorder may take place, for example premises licensed to sell alcohol for consumption on the premises later at night within town centre areas and ‘off licence’ premises where there is evidence of anti-social behaviour problems in their vicinity. Some licence holders may wish to have cameras on their premises for the prevention of crime directed against the business itself, its staff, or its customers.

The Licensing Authority strongly recommends that the installation, maintenance and operation of CCTV should be in carried out in consultation with Thames Valley Police. It may be appropriate to ensure that the precise location of cameras is set out on plans to ensure that certain areas are properly covered and there is no subsequent dispute over the terms of any conditions relating to CCTV. Operators considering installing CCTV will need to ensure that they comply with data protection laws, further information and guidance is available from the Information Commissioner’s Office.

Thieves may target customers of licensed premises or the premises itself. Measures to prevent theft, include:

• Customer warning notices.
• Free cloakrooms and bag hooks.
• Adequate surveillance of internal and external areas, mapping crime hotspots may help identify vulnerable areas.
• High quality lighting and removal of ‘dark’ spots.
• Gathering and sharing intelligence with the local police and other businesses in the vicinity.
• Ensuring stock is secure and carefully monitored.

Voluntary schemes such as Pubwatch and Shopwatch help promote safer environments for the sale and consumption of alcohol. These partnership schemes provide an independent local network for licenced businesses to work together to tackle crime and disorder, share best practice and develop closer working relationships with the police, council and other agencies. Licence holders are encouraged to take part in local schemes where they exist; licensees are also encouraged to introduce a scheme where one does not already exist

For late night venues where there is a significant risk of serious crime occurring, applicants should consider the use of customer identification systems such as Clubscan and ID scan to record the identities of all those attending the premises. As with CCTV, operators considering using computerised ID verification equipment will need to ensure that they comply with data protection laws.

The use of door staff both inside and outside the premises can help deter crime. Staff should be easily identifiable through use of clothing. With limited exceptions, persons employed at licensed premises to carry out security activities are required to be licensed with the Security Industry Authority. The Licensing Authority may consider that certain premises require strict supervision for the purpose of promoting the reduction of crime and disorder. Where appropriate, the Licensing Authority may impose a condition that licensed door supervisors must be employed at the premises either at such times as certain licensable activities are being carried out or the premises is open to the public or at such other appropriate times. Applicants should risk assess their operation and make sensible and realistic proposals in respect of the number of door supervisors and the hours of their attendance.

The effective use of ‘wind down’ procedures can help facilitate an orderly dispersal of customers. Wind down measures typically consist of:

• a set time before closing, after which alcohol ceases to be sold
• hot and cold soft drinks and food may still be provided;
• “exit music” is played at a reduced volume;
• lights are turned up;
• customers are advised on available onward transport options, including dedicated taxi services;
• staff at the door ensure that customers leave in an orderly manner.

The Licensing Authority recognises that drug use by people in pubs and clubs is not something relevant to all licensed premises. However, it is also recognised that special conditions will need to be imposed for certain types of venues to reduce the sale and consumption of drugs and to create a safer environment for those who may have taken them. Where conditions are under consideration, the Licensing Authority will take into account latest Government guidance. In all cases where these conditions are to be imposed, the Licensing Authority will endeavour to seek advice from the police and the authority for responsible for public health. The measures employed to prevent the consumption or supply of illegal drugs, including search procedures, entry policies, staff training, supervision of WCs, the removal of horizontal surfaces and the installation of lighting to deter drug use in WCs.

Existing licensed premises considering hosting one off special events, particularly those using an external promoter, should give careful consideration to carrying out a crime and disorder risk assessment. One off events can attract significantly larger numbers or a different customer profile than the premises normally accommodates. A specific risk assessment will help identify problems before they occur and identify the necessary control measures such as sufficient staff numbers and security provision. Premises management should also consider historical background checks to ensure events have not been associated with crime and disorder problems elsewhere.

Experience has shown that it is sometimes difficult to comply with the terminal hour in respect to the provision of late night refreshment. Supply of hot food or drink actually takes place when it is handed to the customer, not when money is exchanged. Given that the premises may be full of customers at the terminal hour of the licence, it is advisable to ensure there is sufficient measures in place to ensure there is time to serve these customers. Closing procedures such as when the door will be locked, the displaying of the ‘closed’ sign and letting customers out are worth taking into consideration in preparing an operating schedule. Applicants may also like to consider the need to prominently display their opening times on the shop window. Where premises are likely to experience crime and disorder, the use of CCTV and door supervisors should be considered.

In circumstances where premises are associated with an increased risk of employing illegal workers, for example through previous enforcement or credible information and intelligence, then it may be appropriate for the premises licence holder to have demonstrable procedures of right to work checks on staff employed at the licensed premises and arrangements for retaining documentary evidence of such checks.

Operators of licensed premises should undertake a terrorism threat risk assessment that ensures that any security-related vulnerabilities have been identified, and reasonable, and proportionate steps (in keeping with the size and nature of the operation), have been taken to reduce the risk from a terrorist attack. Further advice is available online from the National Counter Terrorism Security Office.

Applicants are advised that any form of public entertainment (including film exhibitions) which is likely to lead to disorder, or stir up hatred or incite violence towards any section of the public on the grounds of colour, race, ethnic or national origin, disability, religious beliefs, sexual orientation or gender is likely to give rise to representations which are likely to lead to the refusal of such an application.

3.33 Applicants must be able to demonstrate that they have undertaken a thorough assessment of the risk to public safety presented by their intended activities. Statutory duties in relation to risk assessment arise from the Health and Safety at Work Act 1974 and the Regulatory Reform (Fire Safety) Order 2005. The Licensing Authority does not intend to impose conditions which simply replicate other statutory controls, but it will scrutinise whether all relevant measures are being applied so as to promote the licensing objectives. Applicants are encouraged, though not obliged, to submit with their applications evidence of compliance with such controls. Where they do, it is less likely that relevant representations will be made leading to the cost and delay of a licensing hearing. Licence holders are also advised that while generally smaller businesses employing less than five employees are not required to keep a record of their risk assessments, this does not apply in the case of fire safety risk assessments and licensed premises. All licensed premises, regardless of size or number of employees, must have a record of a suitable and sufficient fire risk assessment.

3.34 Depending on the individual circumstances, control measures proposed in an operating schedule may include:

Depending on the nature of the venue, there may need to be capacity limits for different parts or rooms within the venue. Where limits are necessary, appropriate measures will need to be in place to ensure that these limits are complied with such as recorded capacity checks and sufficient staff to monitor and control customer numbers.

Additional arrangements may be necessary to ensure customers can arrive and leave the premises or site safely. These arrangements may include the use of clearly identifiable signage, suitable barriers, maintenance of unobstructed exit routes, adequate lighting levels, staff employed to control entrances. Particular consideration should be given to the safe evacuation of those with disabilities for example the partially sighted and wheelchair users.

All applicants for licences and certificates are required to submit a scale plan of the premises. Among other things the plan must show the location of any fire safety and any other safety equipment which could include smoke detectors, emergency lighting, fire fighting appliances, safety shutters, panic alarms, CCTV.

A system for recording the routine servicing and maintenance of any equipment that poses a potential risk to ensure premises remain safe. This should include electrical installations, fire safety equipment, boilers, cooking equipment and lifts. Records should also be kept of ongoing premises safety management checks such as daily pre-opening and during opening checks and routine fire safety checks such as fire alarm and emergency lighting tests and emergency evacuation exercises.

Staff need to know what is expected of them to ensure the public remain safe when visiting licensed premises. Regular training helps ensure that staff know how to maintain premises in a safe condition and to take the appropriate action in the event of an emergency situation. A record of ongoing staff training helps ensure routine training is maintained at regular intervals and gaps in training needs can be easily identified.

Special consideration needs to be given to the use of any special effects such as lasers, pyrotechnics, strobe lighting and smoke machines. The use of any special effect should be thoroughly risk assessed before being introduced.

A terrorism risk assessment will help identify any security-related weaknesses and depending on the size and nature of the business what steps are required to reduce the risk from a terrorist attack. Steps could range from staff briefings, increased frequency of outside glass collections and additional surveillance to the installation of new CCTV systems and redesigned entrances and outside areas.

Arson is a common cause of fire at licensed premises. The location, accessibility and volume of waste are all factors that need to be considered. Large volumes of easily accessible waste stored in close proximity increase the risk of arson attack.

Venues used for dancing present potential additional safety risks to staff and customers through increased music noise levels, overheating and exposure to illicit drugs. Risks can be reduced through ear protection, provision of quieter break out areas and use of adequate ventilation. A first aid needs assessment will help identify the appropriate level of first aid required. All venues susceptible to issues associated with illicit drugs should have written drugs policies and procedures which identify what actions staff will take in the event of a drug related emergency.

The Control of Noise at Work Regulations (2005) require employers to reduce risks to health and safety from noise at work. While the regulations do not apply where people are not at work, the general duties under the Health & Safety at Work Act may apply. For further information see the HSE, “Noise at work A brief guide to controlling the risks”.

3.35 Public nuisance relates to the negative effects of nuisances including noise, light, odour, dust and litter affecting, or likely to affect, at least a few separate households locally. The Licensing Authority is keen to protect the amenity of residents and businesses in the vicinity of licensed premises. At the same time the Licensing Authority is aware that the licensed trade is important to the local economy and promoting the Council’s culture and leisure aspirations. Consequently, the Licensing Authority will try and work together with statutory agencies, licensed businesses, residents and other businesses to reach a compromise in its decision making.

3.36 In considering all licence applications, the Licensing Authority will consider whether the measures proposed to deal with the potential for public nuisance having regard to all circumstances of the application, are adequate. In preparing applications, applicants are strongly encouraged to consider the measures set out below. Much weight will be placed on recommendations made by Environmental Health Officers in terms of preventing public nuisance.

3.37 Particular measures include:

The steps taken or proposed to be taken by the applicant to prevent noise and vibration escaping from the premises, including music, noise from ventilation equipment and human voices. Such measures may include the installation of soundproofing, air conditioning, acoustic lobbies and sound limitation devices. In appropriate circumstances and where not included in the operating schedule, a condition may be imposed requiring the assessment by the applicant (either with or without the involvement of Environmental Health), of potential noise sources which could cause disturbance to those in the vicinity and to identify and implement appropriate control measures.

The steps taken or proposed to be taken by the applicant to prevent disturbance by customers arriving at the premises, particularly at night. This may include last entry conditions, minimisation and control of queuing and supervision of the exterior of the premises. If some queuing is inevitable then queues should be diverted away from neighbouring premises or be otherwise managed to prevent disturbance or obstruction.

Arrangements to minimise disturbance from customers smoking outside the premises. These may include supervision, delineated areas for smoking, controls on numbers and preventing customers taking alcohol outside.

The steps taken or proposed to be taken by the applicant to prevent disturbance by customers leaving. Such steps will include proper winding down policies so that customers leave gradually and quietly, notices to customers requesting respect for neighbours, the use of dedicated taxis, management of queues for taxis, direction of customers away from residential areas, supervision of exterior areas, requesting customers to respect neighbours and prevention of customers gathering outside the premises.

The steps taken or proposed to be taken by the applicant to ensure staff leave the premises quietly. Consideration should also be given to policies relating to the use of the premises by staff once the premises has closed, particularly in relation to late closing premises in residential areas. Nuisance can often arise as a consequence of staff using licensed premises once closed to the general public.

The arrangements made or proposed for parking by patrons and the effect of parking by patrons on local residents.

Whether there is sufficient provision for public transport (including taxis and private hire vehicles) for patrons. Taxis and private hire vehicles have the potential to disturb local residents and measures to prevent such disturbance, include preventing use of horns, engines running, restricting numbers permitted to wait and direction of approach and departure. Such controls are easier to implement when the licensee has a contract with particular suppliers.

Operators should thoroughly assess their location and be mindful of any premises particularly sensitive to nuisance such as nursing homes, hospitals, hospices or places of worship. In such cases the installation of additional special measures may assist in reducing the risk of nuisance.

The Licensing Authority supports the use of outside areas such as gardens and forecourts however robust management controls are usually required to ensure that the use of these areas does not cause a nuisance. Control measures may include adequate supervision, regular glass collections, curfews and last entry conditions. The Licensing Authority encourages operators to consider adopting the pavement licence conditions, shown in the Council’s schedule of model conditions, in respect of outside hospitality areas off the public highway. These measures have proved successful in allowing venues to provide hospitality on the public highway without contributing to public nuisance. A summary of the key measures to prevent public nuisance are:

• Furniture to only be placed during permitted hours of use.
• Separate smoking and non-smoking seating areas, separated by a minimum of 2 metres, with appropriate signage. No ash trays or similar permitted in smoke free areas.
• The provision of any outside entertainment shall not cause a disturbance to nearby residents.
• The licence holder shall have a system in place to regularly monitor the use of outside areas by customers to ensure nearby residents are not disturbed by customer noise and the area is kept clear of litter.
• Outside lighting shall not cause a nuisance to nearby residents.
• Suitable waste receptacles shall be made available for use by staff and customers.
• The outside area shall be thoroughly cleaned at the end of each day that it is in use.

As far as possible delivery and collection times should be arranged to minimise the risk of noise nuisance to residents and other businesses in the vicinity. Staff should avoid placing glass bottles and other waste outside late at night unless suitable noise mitigation measures are in place.

Measures should be in place to manage the risk of littering associated with the premises. This includes having sufficient waste receptacles to avoid overflowing refuse containers and litter sweeps in the immediate vicinity to clear cigarette butts, food receptacles and flyers associated with the premises. Sometimes problems arise about litter from takeaways and, to a limited extent, from off licences. Licensees should consider distinctive wrapping, packaging or bags, so that litter can be traced back to particular premises and also periodic litter collection patrols and the provision of additional bins.

Outside lighting needs to be carefully planned and managed, including security lighting, to avoid causing nuisance.

All licensed premises are expected to have a complaints procedure in place. This may include a dedicated phone line available for local residents to use in the event of problems arising. Any complaint should be recorded in a log together with details of any action taken to the response. All staff should be made aware of the complaints procedure and provided with clear instructions. In some circumstances regular meetings with neighbouring residents can be beneficial in addressing any concerns. Experience shows that this is most effective if action is taken at early stage to build good relations with local residents.

Street drinking can cause nuisance as well as crime and disorder. Where there is a history of public nuisance associated with street drinking in an area, the Licensing Authority may impose additional restrictions on licences for the sale of alcohol for consumption off the premises. Additional restrictions may include not selling high strength beer and cider, not selling cans and bottles in single cans and discouraging the sale of alcohol to known street drinkers. Applicants intending to sell alcohol for consumption off the premises are advised to refer to the section on Off-licences and PSPOs.

3.38 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. A child is defined as any person under 18 years of age and includes unborn children. 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.

3.39 The Licensing Authority believes that everyone working in an environment where there may be children present should safeguard and promote the wellbeing of children so they are protected from abuse. Child abuse is a general term which encompasses all maltreatment of children. The Department for Health uses four broad categories of abuse: neglect, physical abuse, sexual abuse and emotional abuse. Abuse can occur within a family, institutional or community setting and the perpetrator may or may not be known to the child.

3.40 The Licensing Authority encourages all operators of licensed premises to put in place a safeguarding policy. The Licensing Authority expect operators of high-risk premises to have a written children safeguarding policy. High-risk premises include:

• Venues providing adult entertainment.
• Hotels.
• Premises are used exclusively or primarily for the sale of alcohol for consumption on the premises.
• Premises with unsupervised beer gardens.
• Nightclubs and late night opening pubs and bars (open after 12 midnight).
• Premises where unaccompanied children may be permitted such as shops and late night food takeaways.

3.41 The policy should contain details of awareness training provided to staff so that they know how to identify and report potential abuse. More specifically staff awareness training should cover:

• Being alert to the possibility of child abuse and neglect, i.e. the definition, prevalence, identifying features in a child or adult, legal parameters and social consequences.
• Having enough knowledge to recognise an abusive or potentially abusive event or set of circumstances.
• Knowing who in the organization to raise concerns with.
• Being competent to take the appropriate immediate or emergency action.
• Knowing how to make a referral to Buckinghamshire Council and/or the Police.

3.42 It is also recommended that a person be nominated with responsibilities for managing the safeguarding children policy. This role should include arranging training and recording details of those that have attended, sharing and displaying latest information relevant to the policy, provide advice and support to staff and to act as the main point of contact on safeguarding matters.

3.43 In addition to the mandatory restrictions imposed by the Licensing Act 2003, the Licensing Authority may also impose conditions restricting the access of children to premises where it is considered appropriate for the prevention of physical, moral or psychological harm. Where there are matters that give rise to serious concerns and restriction of access may not ensure adequate protection of children from harm, applications will be refused.

3.44 Examples which may give rise to concerns in respect of children and access may be restricted include those where:

• adult entertainment is provided;
• a member or members of the current management have been convicted for serving alcohol to minors or with a reputation for allowing underage drinking (other than in the context of the exemption in the 2003 Act relating to 16 and 17 year olds consuming beer, wine and cider when accompanied by an adult during a table meal);
• it is known that unaccompanied children have been allowed access;
• there is a known association with drug taking or dealing;
• in some cases, the premises are used exclusively or primarily for the sale of alcohol for consumption on the premises; or
• other high risk premises where there is no evidence of a sufficient safeguarding children policy is in place.

3.45 When deciding whether to limit the access of children to premises, the Licensing Authority will judge each application on its own merits.

3.46 Where concerns have been identified in respect of individual premises and it is felt that access of children should be restricted, the options available would include:

• Limitations on the hours when children may be present.
• Age limitations for persons under 18.
• Limitations or exclusion when certain activities are taking place.
• Full exclusion of persons under 18 when certain licensable activities are taking place.
• Limitations of access to certain parts of the premises for persons under 18.

3.47 Where no conditions or restrictions are imposed, the issue of access for children is a matter of the discretion of individual licensees or clubs subject to legislative restrictions.

3.48 The ‘Responsible Authority’ in respect to the protection of children is the Buckinghamshire Safeguarding Children’s Partnership.

3.49 The Licensing Authority welcomes the Portman Group Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks. The code is an effective means of protecting children in relation to packaging and promotions that may appeal to minors. Licence holders are encouraged to refer to the Code and to be vigilant to ensure any alcohol products sold are in compliance with the Code.

3.50 The Licensing Authority considers under-age consumption of alcohol to be a particularly serious issue. All premises licensed for the sale by retail of alcohol are required by way of mandatory condition to have an age verification policy in place. The Licensing Authority recommends that the following documents are suitable to verify a person’s proof of age:

• Passport.
• Photo card driving licence.
• Proof of Age Standards Scheme card bearing the PASS hologram.
• Military identification card.

3.51 In addition, the Licensing Authority supports and encourages the adoption of Challenge 25 or similarly approved schemes, the use of a refusal register, the maintenance of an incident log and staff training.

3.52 Premises should consider the risk of ‘proxy’ purchasing of alcohol and put in place measures and train staff to deal with it. Proxy purchasing in this instance refers to a person buying alcohol on behalf of someone who is under the age of 18 years.

3.53 Licensed businesses involved in the delivery of alcohol, for example online retailers, are expected to have sufficient age verification procedures in place to ensure alcohol is not supplied to persons’ underage. The Licensing Service expects persons who operate premises providing ‘alcohol delivery services’ to reflect this in their operating schedule. This ensures that the Licensing Authority can properly consider what conditions are appropriate. Premises with an existing premises licence, which choose to operate such a service in addition to their existing licensable activities, should contact the licensing service for advice on whether this form of alcohol sale is already permitted or whether an application to vary the licence will be required.

3.54 The Act requires any premises licence or club certificate authorising the exhibition of films to be subject to a condition restricting the admission of children in accordance with the recommendations given to films either by a body designated under section 4 of the Video Recordings Act 1984, (currently only the British Board of Film Classification) or by the Licensing Authority itself. Generally the Licensing Authority will only make a recommendation in cases where the film has not been classified by the BBFC; in these cases the Licensing Authority will make reference to the BBFC Classification Guidelines.

3.55 The Licensing Authority expects that licensees will include in their operating schedule the arrangements for restricting children from viewing age-restricted films. In considering applications, the Licensing Authority will take into account any evidence that age restrictions for cinema exhibitions are not being properly observed.

3.56 Where a large number of children are likely to be present on any licensed premises, for example a children’s show or pantomime, applicants should consider the additional risks associated with children. The operating schedule should consider measures that will ensure the prevention of harm to the children and also to ensure public safety. Similarly, if a licensed premises hosts an event involving under 18’s licence holders will be expected to risk assess the event beforehand and implement satisfactory arrangements to ensure alcohol is not made available to under 18 year olds.

3.57 In general, premises providing adult entertainment involving striptease and/or nudity are likely to need a sexual entertainment venue licence and relevant conditions will be attached to that licence. In circumstances where no such licence is needed, operators intending to provide adult entertainment will be expected to propose conditions which protect children by:

• Preventing access to the premises by children.
• Preventing exterior visibility into the premises.
• Preventing obtrusive exterior advertising including nude images or language describing the nature of the activities.

Controlling leafleting and other forms of exterior marketing;

3.58 This section deals with specific circumstances, types of events and activities. The principles in this section are in addition to those specified in other parts of the Policy.

3.59 The street drinking of alcohol has found to be associated with crime and disorder and anti-social behaviour in certain areas of Buckinghamshire. Street drinking can also be associated with public nuisance. To help tackle the issue the Council has introduced PSPOs (Public Space Protection Orders) in some parks and town centres which prohibit drinking alcohol or possessing alcohol in open containers. Failure to comply with these orders is an offence and offenders can be fined by way of fixed penalty notice or prosecution. Details of the orders, including location details, are published on The Council’s website.

3.60 Experience shows that enforcement of the PSPO alone is not sufficient to deter would be offenders from consuming alcohol in breach of current PSPOs. Enforcement is only part of the solution and it is important that locally licensed businesses also play their part. Not only does this demonstrate a commitment to the promotion of the licensing objectives, the removal of anti-social street drinking enhances the area and contributes to greater prosperity.

3.61 To assist address, the problematic street drinking, premises licensed for the sale of alcohol for consumption off the premises in areas where relevant PSPOs have been introduced are expected to adopt the following measures:

• No single cans or bottles of beer or cider will be sold.
• No high strength beer or cider products with 7.5% ABV or higher will be sold.
• Alcohol shall not be sold to any person who is reasonably expected to consume it on the street in the vicinity of the premises.
• Alcohol shall not be sold to customers in an open container.
• All alcohol sold from the premises will be marked in a way that can be used to identify that the alcohol has been purchased from the shop.
• Staff training shall include training on awareness of local alcohol related issues of concern and the actions required by staff to avoid contributing to these concerns.
• A log of refusals to sell alcohol shall be maintained at the premises and include a record of refusals of persons known to consume alcohol in breach of the local PSPO.

3.62 Before making applications, applicants are expected to assess the locality of the premises and to seek the advice of the police and Licensing Authority whether any other additional measures are recommended. Licensed premises selling alcohol where there is a demonstrable link between the alcohol sales and a failure to adopt appropriate measures to promote the licensing objectives are likely to be subject to enforcement action, which may include a formal review of the premises licence.

3.63 For the purpose of this section a large event is a one-off event which has the potential for significant public nuisance to the wider community, increased risk of crime and disorder and which carries a significant risk to public safety. It is not necessarily defined by the number of people attending. Applicants are strongly recommended to check in advance with the Licensing Authority whether the proposed event is likely to be treated as a large event within the meaning of this Policy.

3.64 Organisers of large events are also strongly encouraged to make early contact with Buckinghamshire Council’s Safety Advisory Group (SAG). The SAG is made up of representatives from the emergency services and other agencies concerned with event safety. The SAG has produced some general advice to event organisers and this can be found on the Council’s web site. In the first instance an organiser is required to complete an event notification form and risk assessment.

For more complicated or very large events an organiser may be invited to attend a meeting with the SAG. Applicants for events requiring a premises licence would be expected to make contact with the SAG at least six months before the event date. Failure to consult with the SAG properly and in a timely fashion is likely to result in the application receiving a relevant representation from a responsible authority. If any issues of concern remain outstanding at the time of a hearing this might result in an adjournment or even a refusal of the application if the sub-committee is not satisfied that any adverse impact on the licensing objectives has been properly addressed.

3.65 Given the complexity and scale of large events it is normal practice to produce an Event Management Plan (EMP). It is recommended that the EMP deal with the following issues:

• nature and style of the event, including crowd profile
• communication strategy
• special effects
• capacity and expected audience
• site and location plans
• campsite safety and security (when on site)
• event programme & advertising
• management structure
• emergency evacuation plan
• medical plan
• transport and traffic management plans
• working at height
• temporary demountable structures
• welfare and sanitation plan
• crowd management
• entry search and eviction policy
• information and welfare
• food, drink and water provision
• animal welfare
• fire risk assessment
• extreme weather and contingency plans
• emergency procedures
• alcohol and drugs policy
• safeguarding children and young people and age controls
• waste management
• noise management planning and controls
• electrical safety
• waste management
• barriers and fencing
• counter terrorism

3.66 For the purpose of an application for a premises licence the EMP can be the operating schedule. The Act requires the Licensing Authority to issue the licence with conditions consistent with the operating schedule accompanying the application. Paragraph 10.7 of the Statutory Guidance states that ‘consistency means that the effect of the condition should be substantially the same as that intended by the terms of the operating schedule.’ Applicants should bear this in mind when drafting their EMP so that the premises licence is prepared with clear and enforceable conditions attached to it.

3.67 In circumstances when large scale public events take place, for example in the town centre areas, it is expected that licensed premises will cooperate with the Licensing Authority, the police, the environmental protection team and any other responsible authorities. Examples of cooperation would be the possible use of polycarbonate glasses during the event, ensuring that drinks are not taken from the premises, the removal of outside furniture and the employment of event stewards.

3.68 The Licensing Authority has adopted the Local Government (Miscellaneous Provisions) Act 1982 so as to require sexual entertainment venues to be licensed under that legislation.

3.69 Where regulated entertainment is licensable under that legislation, it will be exempt from regulation under the Licensing Act 2003. Nevertheless, venues may still require an alcohol licence, and so the Licensing Authority will attach appropriate conditions to such licences where it has a discretion and it considers such conditions appropriate to promote the licensing objectives.

3.70 Where sexual entertainment is not licensable under the 1982 legislation, for example because the “frequency exemption” under that legislation applies, it will continue to be licensable under the Licensing Act 2003. The Licensing Authority will then consider the nature of the premises and the entertainment and attach appropriate conditions including:

a) Code of conduct for performers.

b) Rules for customers.

c) Contact between performers and customers or other performers.

d) Use of sex articles or other overtly sexual performance.

e) Policies for protection of performers.

f) Verification of age, nationality and employment status of staff.

g) Use and maintenance of CCTV.

h) Exterior visibility, advertising and marketing.

i) Supervision of premises.

3.71 In all cases, applicants must state in the operating schedule whether it is proposed to use the premises for adult entertainment. Where the applicant does not state that it is so proposed, a condition will be added to the licence preventing such use.

3.72 The Licensing Authority supports and encourages the use of well managed outside areas for hospitality purposes. Where the proposed area falls on the public highway various permissions may be needed such as a highways licence, street trading consent, parking bay suspension, road closure and planning permission. Licence holders will also need to ensure that their licence does not contain restrictions which would prevent the intended area being used.

3.73 ‘Cumulative impact’ is about the concentration of licensed premises in a particular area and the impacts of this. In some areas licensed premises that sell alcohol and late night food and drink can contribute to a nuisance and/or disorder problems. These problems can happen when a large number of drinkers gather in one area when leaving a premises at closing time or queuing for food or public transport. Sometimes lots of licensed premises in an area can have a negative impact on the licensing objectives, such as public nuisance or crime and disorder. Where there is evidence of this the council can introduce a ‘cumulative impact’ policy which means that a licence application that would have a negative impact will probably be refused. These policies must be supported by evidence and an assessment must be published every 3 years.

3.74 Before considering introducing a cumulative impact policy within the Buckinghamshire Council area the Licensing Authority will take the following steps:

• Identify that there is a concern about crime and disorder, or public safety or public nuisance or protection of children from harm
• Consider whether there is good evidence that crime and disorder or nuisance are occurring or whether there are activities which pose a threat to public safety or the protection of children from harm
• If such problems are occurring, identify whether these problems are being caused by customers of licensed premises, or that the risk of cumulative impact is imminent
• Identifying the boundaries of the area where problems are occurring (this can involve mapping where the problems occur and identifying specific streets or localities where such problems arise)
• Consultation with those individuals or groups specified within section 5(3) of the Act and subject to the outcome of the consultation, include and publish details of the cumulative impact policy in the licensing policy statement

3.75 The Licensing Authority will take the following into account, where applicable, when considering evidence of cumulative impact:

• Local crime and disorder statistics, including statistics on specific types of crime and crime hotspots.
• Statistics on local anti-social behaviour offences.
• Health-related statistics such as alcohol-related emergency attendances and hospital admissions.
• Environmental health complaints, particularly in relation to litter and noise.
• Complaints recorded by the local authority, which may include complaints raised by local residents or residents’ associations.
• Representations in response to licence applications that cite cumulative impact as an issue.
• Response to surveys with key stakeholders.
• Evidence from ward, town and parish councillors.
• Evidence obtained by, or on behalf of, the Licensing Authority, for example details of existing licensed premises, complaints to the licensing service and observational reports.

3.76 The effect of adopting a cumulative impact policy, is to create a ‘rebuttable presumption’ to refuse applications which are likely to add to the cumulative impact. As such, the applicant will need to demonstrate in their operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives in order to rebut any such presumption. This presumption requires at least one of the responsible authorities or other persons to make a relevant representation before the Licensing Authority can lawfully consider applying any adopted cumulative impact policy. If there are no representations, the Licensing Authority must grant the application in terms that are consistent with the operating schedule submitted.

3.77 Applicants are advised to give consideration to potential cumulative impact issues when setting out the steps they will take to promote the licensing objectives as well as showing how they will mitigate any potential negative harms in their application. Applicants are also reminded that less weight is likely to be attached to any arguments relating to there being no complaints arising from existing premises when seeking a variation or renewal of an authorisation within a cumulative impact policy area. This is because, given the nature of the area and concentration of licensed premises, it can be difficult to attribute complaints and problems to any particular premises, especially with regards to nuisance being caused in outside areas.

3.78 It should be noted that special policies are not absolute. The individual circumstances of each application will be considered on its merits. The Licensing Authority will grant applications where the applicant has demonstrated that the operation of the premises is unlikely to add to the cumulative impact that is already being experienced in the area.

3.79 The Licensing Authority will not consider the issue of commercial “need” in determining any licence application, as this is a matter for planning control and the market. Therefore, the Licensing Authority will not seek to impose quotas of premises, licences or certificates.

3.80 At the time of publishing this Policy the Licensing Authority has not been presented with sufficient evidence to support the adoption of any cumulative impact policies within Buckinghamshire Council’s area. Should the Licensing Authority determine that there is sufficient evidence, as outlined in this section, that an area requires the adoption of a cumulative impact policy, an assessment of the supporting evidence will be published separately and reviewed at least every 3 years.

3.81 The Licensing Authority recognises that there are other mechanisms for controlling cumulative impact problems, such as bad behaviour by a minority of customers once away from licensed premises. These strategies include measures both within and outside the licensing regime:

• planning control
• positive measures to create a safe and clean town centre environment in partnership with local businesses, transport operators and other departments of the local authority, including best practise schemes such as Pubwatch, Town Centre Partnerships and BIDs
• Community Protection Notices and Public Space Protection Orders
• the provision of CCTV surveillance in town centres, taxi ranks, street cleaning and litter patrols
• the confiscation of alcohol from adults and children in designated areas
• police enforcement of the general law concerning disorder and anti-social behaviour, including the issuing of fixed penalty notices
• prosecution for the offence of selling alcohol to a person who is drunk (or allowing such a sale)
• raising a contribution to policing the late night economy through the Late Night Levy
• Early Morning Alcohol Restriction Orders
• the use of fixed closing times, staggered closing times and zoning when such restrictions are justified by the available evidence. Decisions would continue to be made on the merits of each case in accordance with what is appropriate for the promotion of the licensing objectives