Conditions

Licensing relates to the control of licensed premises and other events within the terms of the Act and any conditions which may be attached to licences and the various other permissions, which will focus on matters falling within the control of individual licence holders

These conditions will relate to the premises and other places being used for licensable activities and the impact of those activities in the vicinity. In this regard the Licensing Authority will primarily focus on the direct impact of any activities taking place on those living, working or otherwise engaged in the area concerned.

Generally it is recognised that the licensing function is not to be seen as a mechanism for the general control of anti-social behaviour by individuals/groups once they are beyond the direct control of the licence holder of any premises concerned. But the Licensing Authority’s discretion may be engaged if there is an evidential link between the disturbance and the licensed premise.

The Licensing Authority will avoid imposing disproportionate and over burdensome conditions on premises. The Licensing Authority does not propose to implement standard conditions on licences across the board, but if its discretion is engaged will attach conditions as appropriate given the circumstances of each individual case.

Conditions will cover the licensing objectives:

• crime and disorder
• public safety (including fire safety)
• public nuisance
• protection of children from harm

The licensing authority may if its discretion is engaged impose conditions where existing legislation does not provide adequately for the promotion of the four licensing objectives.

See the Guidance under Section 182 of the Licensing Act 2003 which gives a pool of conditions that where appropriate can be used to meet the licensing objectives.

It is only when either responsible authorities or interested parties make relevant representations can the Licensing Authority’s discretion be engaged. If no representations are made the application must be granted in the terms sought, subject only to conditions, which are consistent with the operating schedule, and relevant mandatory conditions in the Act.

Licensing conditions may only relate to the promotion of the licensing objectives and to matters, which the licence holder can be reasonably expected to control in relation to the carrying on of licensable activities, and these are likely to relate to the premises themselves and the immediate vicinity of those premises.

Conditions will only be attached that are practical, achievable and necessary for the promotion of the licensing objectives and if already provided for in other legislation, they will not be considered necessary in the context of the licensing law.

The Act enables the authority to impose if its discretion is engaged such conditions as are necessary upon premises which have the potential to cause danger to visitors, disturbance to neighbours, crime or harm to children. However, many premises operate without such risks, which the authority will reflect by adopting a lighter touch to the imposition of conditions.

The Authority will expect applicants to have considered and volunteered the use of plastic receptacles or bottles where:

• there is violence associated or potential for violence with the premise or activities
• large or special events where the proper collection of receptacles and bottles will not be practicable
• for use in areas designed primarily for use of children

Applicants are encouraged to volunteer their own conditions by way of an operating schedule.

Where a responsible authority or interested party consider the conditions volunteered by an applicant to be inadequate, and make representation, then the Licensing Authority may, following a hearing, attach further conditions or amend volunteered conditions if it is considered appropriate to promote the licensing objectives.

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