Licensing objectives

The Licensing Authority has a duty under the Act to carry out its licensing functions with a view to promoting the four licensing objectives. These are:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm

These objectives are the only matters to be taken into account in determining the application and any conditions attached must be necessary to achieve the licensing objectives. 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. Any conditions offered by the applicant within their operating schedule will become conditions on the licence.

Where it is necessary or appropriate to promote these licensing objectives, the kind of standards the Licensing Authority and responsible authorities will expect to see and which the applicant may wish to consider include:

Prevention of crime and disorder:

• the use of toughened glass/polycarbonate or other plastic/non glass bottles/receptacles
• measures to prevent open bottles or other drinks containers being carried from premises
• restriction of drinks promotions
• marketing promotions do not encourage excessive consumption and should be socially responsible
• measures to prevent binge drinking
• participation in pub/club watch schemes and attendance at meetings
• use of appropriate numbers of security personal and stewards ensuring effective controls at all times, licensee of high volume vertical drinking establishments (HVVD’s) should consider the use of specially trained door supervisors who hold an up-to-date certificate in control and restraint techniques
• training staff in crime prevention measures
• search procedures
• use of CCTV inside and outside premises, ensuring digital systems comply with Home Office guidance minimum requirements, for further information visit the Home Office website
• lighting
• for new premises, designing out crime
• quality of supervision and surveillance in premises
• regular checks by staff of all public areas including toilets
• assessment of customer profile ensuring effective management of customers both inside premises and in outside smoking/external seating areas
• other measures deemed appropriate

Public safety:

• promotion of sensible drinking
• awareness of drink spiking
• zero tolerance drug policies including the appropriate use of searching/amnesty boxes to combat drug crime
• anti-discriminatory policies and practice covering eg homophobia and racism
• monitored capacities to a safe level with management controls ensuring safe capacities are maintained particularly with premises with more than one floor or zone (including electronic counting where necessary)
• special arrangements for large events
• regular removal of all glasses and bottles
• use of special affects
• ventilation/temperature
• physical environment
• noise exposure
• crowd management
• safety of gas and electrical services
• fire safety and emergency lighting

Prevention of public nuisance:

• the nature of the activities, the location of premises and character of the surrounding area in relation to the proximity to residential and other noise sensitive premises
• latest admission times
• measures for the limitation of noise emissions from the premises, these may include as appropriate noise limitation devices, sound insulation, whether windows are to be opened, the installation of acoustic lobbies and double glazing
• measures to deal with queuing, where necessary
• use and management of outdoor areas
• measures to deal with dispersal of customers from the premises as necessary, including the employment of door supervisors, use of dedicated cab firms, notices in the premises requesting customers to respect neighbours
• winding down periods particularly in public houses and night clubs etc
• disposal of waste, particularly glass
• use and maintenance of plant, including air extraction and ventilation systems
• litter collection in vicinity
• noise from deliveries/collections
• odour and light nuisance
• traffic management
• measures to supervise customers use of beer gardens, smoking and external seating areas

Protection of children from harm:

• limitation of access dependent on nature of activities
• use of British Board of Film Classification for film exhibition

Robust proof of age provisions to include prevention of under 18s entering the premises where appropriate and the requirement for anyone looking under 18 to provide proof of age in the form of a photo driving licence, passport or accredited photo ID card bearing the PASS hologram. PASS is the UK’s national guarantee scheme for proof-of-age cards.

• Requirements for accompanying adults
• Recognition of the Challenge 21 philosophy

It is recognised that the licensing function is only one means of securing the delivery of the above objectives and should not therefore be seen as a panacea for solving all problems within the community. The licensing authority will therefore continue to work in partnership with its neighbouring authorities, the police, the fire authority, local businesses and local people towards the promotion of the objectives as outlined.

Anti-social behaviour

A minority of consumers will behave badly and unlawfully once away from these premises, and it would be unreasonable to expect licence holders to have control over these people.

The Licensing Act is not a cure-all for anti-social behaviour. There is a breadth of other strategies for addressing these problems, for example:

• planning controls
• powers of local authorities to designate parts of the local authority area as places where alcohol may not be consumed publicly
• powers of police and local authorities under the Anti-Social Behaviour Act
• police enforcement of the general law concerning disorder and anti-social behaviour, including the issuing of fixed penalty notices
• the prosecution of any personal licence holder or member of staff selling alcohol to people who are drunk
• confiscation of alcohol from adults and children in designated areas
• police powers to close down instantly for up to 24 hours any licensed premises or temporary events on grounds of disorder, the likelihood of disorder or excessive noise emanating from the premises
• the power of the police, other responsible authorities or a local resident or business to seek a review of the licence or certificate
• promotion of positive activities

The above should be supplemented by other local initiatives that similarly address these problems. The Authority has already implemented a range of strategies to deal with anti social behaviour.

In undertaking its licensing function, the licensing authority is also bound to have regard to:

• Section 17 Crime and Disorder Act 1998
• The European Convention on Human Rights, which is applied by the Human Rights Act 1998
• The Race Relations Act 1976, as amended by the Race Relations (Amendment) Act 2000

The Council has a duty to do all that it reasonably can to prevent crime and disorder, under Section 17 of the Crime and Disorder Act 1998.

The council is under a duty to protect the rights of residents to privacy and family life under Article 8 of the European Convention on Human Rights. At the same time, the Council must recognise the right of legitimate business to operate their premises without unnecessary restraint.

Public authorities have a legal obligation to have due regard to the need to eliminate unlawful discrimination and to promote equality of opportunity and good relations between persons of different racial groups.

The licensing authority will also have regard to other legislation, strategies, policies and guidance in its decision-making:

Legislation

• Crime and Disorder Act 1998
• Health and Safety at Work etc Act 1974
• Environmental Protection Act 1990
• The Anti-Social Behaviour Act 2003
• Building Regulations
• Regulatory Reform (Fire Safety) Order 2005
• 2004 Planning and Compulsory Purchase Act
• Private Security Industry Act 2001
• Disability Discrimination Act 1995
• Violent Crime Reduction Act 2006
• Race Relations Act 1976 (Amendment) Regulations 2003
• Sex Discrimination Act 1975 (Amendment) Regulations 2003
• Health Act 2006
• Gambling Act 2005

Strategies

• Action plan for tackling alcohol related crime, disorder and nuisance
• Safer clubbing
• Crime and Disorder Reduction Strategy and other strategies adopted by the Crime and Disorder Reduction Partnerships (CDRP)
• Alcohol Harm Reduction Strategy for England
• Safe, sensible, social - the next steps in the National Alcohol Strategy

Policies

• Regulatory compliance code and the Hampton principles
• Local Development Framework
• Local Transport Plan
• Enforcement policies of each responsible Authority

Guidance

• The event safety guide (Purple Book)
• Model national and standard conditions for places of public entertainment and associated guidance
• District Surveyors Association’s technical standards for places of public entertainment
• Managing crowds safely
• 5 steps to risk assessment
• The guide to safety at sports grounds
• Good practice guide on the control of noise from pubs and clubs (Institute of Acoustics)
• Code of practice on environmental noise control at concerts (Noise Council)
• Safety guidance for street arts, carnival, processions and large scale performances published by the Independent Street Arts Network, copies can be obtained by visiting the Independent Street Arts Network website
• The Portman Group code of practice on the naming, packaging and promotion of alcoholic drinks
• Local Authorities Coordinators of Regulatory Services (LACORS)/Trading Standards Institute (TSI) code of best practice on test purchasing
• LACORS policy on large events
• Security industry Authority’s guidance on security at large events
• Small and medium places of assembly
• Large places of assembly
• Theatres cinemas and similar premises
• Open air events and venues
• Means of escape for disabled
• Licensed property: security in design visit the British Beer and Pub Association website

*Guidance issued by the Department for Culture, Media and Sport (DCMS) under Section 182 Licensing Act 2003.

The following British Standards should also be considered:

• BS 5588 Part 6 (regarding places of assembly)
• BS 5588 Part 9 (regarding ventilation and air conditioning systems)
• BS 5588 Part 9 (regarding means of escape for disabled people)
• BS 5839 (fire detection, fire alarm systems and buildings)
• BS 5266 (emergency lighting systems)

The aim of the licensing process is to regulate licensable activities so as to promote the licensing objectives. It is the licensing authority's wish to facilitate well run and managed premises with licence holders displaying sensitivity to the impact of the premises on local residents.

The licensing authority recognises that the provision of entertainment is a major contributor to the economy of the city attracting tourists and visitors, making for a vibrant city and is a major employer. Commercial occupiers of premises have a legitimate expectation of an environment that is attractive and sustainable for their businesses.

The licensing authority will also have regard to wider considerations affecting the residential population and the amenity of any area. These include littering and fouling, noise, public nuisance, street crime and the capacity of the infrastructure and police resources to cope with the influx of people, particularly at night.

In determining a licence application the overriding principle adopted by the licensing authority will be that each application will be determined on its merits. Licence conditions will be tailored to the individual application and only those necessary to meet the licensing objectives will be imposed. Licence conditions will not be imposed where other regulatory regimes provide sufficient protection to the public (eg health and safety at work and fire safety legislation).

There is no presumption within the Act for licensing longer opening hours over objections from local residents and businesses located in the vicinity of licensed premises but the Licensing Authority will consider licensing hours in the interests of avoiding a concentration of disturbance while ensuring that nuisance to local residents is minimised. Shops and public houses will generally be permitted to sell alcohol during the hours they intend to open. Entertainment providers will be encouraged to provide and promote a range of entertainment during their operating hours including live music, dancing and theatre for the wider cultural benefit of the community. It will be a matter for individual applicants to address the licensing objectives in their operating schedule within the context of the nature of the location, type of premises, entertainment to be provided, operational procedures and the needs of the local community.

The purpose of this policy document is to assist the Licensing Authority in reaching a decision on a particular application, setting out those matters that will normally be taken into account. In addition, the policy document seeks to provide clarity for applicants, residents and other occupiers of property and investors, enabling them to make plans to move to, remain or invest in the City of Plymouth with some measure of certainty.

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