Children and licensed premises

The licensing authority recognises the great variety of premises for which licences may be sought. These will include theatres, cinemas, restaurants, pubs, nightclubs, cafes, takeaways, community halls and schools. Access by children to all types of premises will not be limited unless it is considered necessary to do so in order to protect them from harm.

When deciding whether to limit access to children or not the licensing authority will judge each application on its own individual merits. Examples which may give rise to concern in respect of children would include premises:

• where entertainment or services of an adult or sexual nature are provided
• where there is a strong element of gambling taking place
• with a known association with drug taking or dealing
• where there have been convictions or other forms of proof of members of the current staff at the premises for serving alcohol to minors or with a reputation for underage drinking
• where the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided at the premises

The licensing authority would expect the applicant to suggest restrictions in relation to access for children. If such restrictions are not contained within the operating schedule then, if relevant representations are made, the licensing authority can then consider making such restrictions as are deemed necessary to meet the licensing objectives.

Where the exhibition of film or video is permitted, the authority will expect age restrictions to be complied with in accordance with the British Board of Film Classification’s recommendations in respect of the film/video to be exhibited. Only in exceptional cases will the authority consider variations of this general rule.

Conditions may be imposed, if not covered in other legislation on licences for premises where children will be present at places of regulated entertainment to the effect that sufficient adult staff must be present to control the access and egress of children and to ensure their safety. Where children may also be present at an event as entertainers there may be a requirement for there to be a nominated adult responsible for such child performers at such performances.

The options available for limiting access by children would include:

• a limit on the hours when children may be present
• a limitation or exclusion when certain activities are taking place
• the requirement to be accompanied by an adult
• access may be limited to parts of the premises but not the whole
• an age limitation (for under 18s)

The Licensing Authority will not impose any condition which specifically requires access for children to be provided at any premises. Where no restriction or limitation is imposed the issue of access will remain a matter for the discretion of the individual licence holder or club.

The Licensing Authority will take strong measures to protect children where any licence holder is convicted or other forms of proof of serving alcohol to minors, premises have a known association with drug taking or dealing, gambling takes place on the premises or where entertainment of an adult or sexual nature is commonly provided. In such circumstances while it may sometimes be necessary to impose a complete ban, or may require limitations on the hours when children may be present, age limitations or conditions requiring an accompanying adult, exclusions during certain activities or of persons under 18.

If there are no relevant representations then an application must be granted and subject only to mandatory conditions and conditions consistent with the applicants operating schedule

The protection of children from harm includes the protection from moral, psychological and physical harm and this would include the protection of children from too early an exposure to strong language and sexual expletives, in the context of film / video exhibitions, or where adult entertainment is provided.

The Act also provides that it is mandatory for a condition to be included in all premises licences and club premises certificates authorising the exhibition of films for the admission of children to the exhibition of any film to be restricted in accordance with the recommendations given to films either by a body designated under Section 4 of the Video Recordings Act 1984 - the British Board of Film Classification is the only body which has been so designated - or by the Licensing Authority itself.

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