Waverley Borough Council Committee System - Committee Document
Meeting of the Executive held on 07/12/2004
Draft Waverley Borough Council Statement of Licensing Policy
WAVERLEY BOROUGH COUNCIL
STATEMENT OF LICENSING POLICY
Paragraph Title Page
1. Introduction 2
2. The Statement of Licensing Policy 3
3. Consultation .3
4. Administration, Exercise and Delegation of Functions 3
5. Fundamental Principles 4
The Four Licensing Objectives
6. Prevention of Crime and Disorder (1) 5
7. Public Safety (2) 8
8. Prevention of Nuisance (3) 10
9. Protection of Children from Harm (4) 11
10. Licensing Hours 13
11. Integrating Strategies and Avoiding duplication 14
12. Enforcement 16
13. Cinema, Live Music, Dancing and Theatre 16
Useful sources of information 17
Waverley Borough covers an area of 345 square kilometres in south-west Surrey and is the largest district by geographic area in Surrey. The Borough is predominantly rural; three-quarters of the area is agricultural land and woodland, 61 per cent is Green Belt and 80 per cent is covered by environmental protection policies including the Surrey Hills Area of Outstanding Natural Beauty. Waverley is 35 miles from central London and is served by good strategic road and rail links but has a predominantly rural road network and limited public transport.
1.2 Waverley has a population of 115,665 (2001 census), of whom three-quarters live in the Borough's four main settlements; Farnham, Godalming, Haslemere and Cranleigh. The proportion of young people (0-15 years), is 19 per cent and is close to the regional and national averages. The district has 20 per cent of the population above pension age, which is higher than the national figure of 18 per cent and there is higher than average life expectancy in the district compared with regional and national averages. The proportion of people from ethnic groups other than 'white British' is 2.6 per cent; this compares with 8.7 per cent for the South East and 13 per cent for England.
The Council’s Vision is “to enhance the quality of life in Waverley, now and for the future, through strong local leadership and customer focused service”.
1.4 The Council recognises that the entertainment and leisure industry, and shopping, contribute to Waverley’s urban and rural economies. These have a part to play in attracting tourists and visitors and are major employers.
1.5 Rural pubs and restaurants are an important part of village life, and pubs, bistros and restaurants contribute to the vitality of Waverley’s towns, together with the arts and entertainment venues throughout the Borough.
1.6 In the past in Waverley some licensed premises have caused nuisance to residents, either from noise or from behaviour of customers. Waverley wants to encourage all licensees to operate premises in a way that minimises future impact on neighbouring residents.
1.7 Waverley will also take into account wider issues of crime, disorder and nuisance including noise, littering and fouling of streets, street crime, together with the capacity of public transport and police to cope with concentrations of customers, particularly at night-time.
1.8 This policy statement will both guide the Council in exercising its licensing functions and provide clarity for applicants for licensing and for residents.
1.9 Applicants are required when submitting operating schedules associated with their licensing applications to show how their proposals will meet the Council’s Policy, as shown in this Statement, and the Government’s stated Licensing Objectives.
1.10 The Council is the licensing authority for the purposes of the Licensing Act 2003 (“the Act”) and is responsible for granting licences, certificates and notices in the Borough of Waverley for the activities described by the Act as “Licensable Activities”. These activities include:-
(a) Retail sale of alcohol, including pubs, nightclubs and shops
(b) Supply of alcohol to club members
(c) Provision of “regulated entertainment” (listed below) – to the public, to club members or with a view to profit
(1) A performance of a play
(2) A showing of a film
(3) An indoor sporting event
(4) Boxing or wrestling entertainment
(5) A performance of live music
(6) Any playing of recorded music
(7) A performance of dance
(8) Entertainment of a similar description to that falling within the performance of live music, the playing of recorded music and the performance of dance, and including karaoke
(d) Provision of facilities for dancing, making music or entertainment of a similar description
(e) The supply of hot food and/or drink from any premises between 11.00 pm and 5.00 am
2. THE STATEMENT OF LICENSING POLICY
(Section 5(1) of Act)
2.1 The Act requires that the Council publish a “Statement of Licensing Policy” that sets out the policies the Council will apply in the exercise of its licensing functions under the Act.
2.2 This Statement of Licensing Policy for Waverley Borough has been prepared in accordance with the provisions of the Act and having regard to the guidance issued under Section 182. It will take effect on [ ] 200-- and will remain in force for a period of not more than 3 years, during which time it will be kept under review.
3.1 This Statement has been
) prepared in consultation with the Surrey Police, the Surrey Fire and Rescue Service and bodies representing existing licence holders (including justices’ licences, public entertainment, theatre/stage play, cinema and late night refreshment licences), representatives of registered clubs and businesses and residents in the Borough. The views of all these bodies, and evidence presented, have been given due weight in the determination of this Statement.
4. ADMINISTRATION, EXERCISE & DELEGATION OF FUNCTIONS
4.1 The powers of the Council under the Act may be carried out by the Licensing and Regulatory Committee, by its Licensing Sub-Committees or by one or more officers acting under delegated authority.
4.2 In the interests of speed, efficiency and cost-effectiveness to all parties involved in the licensing process, the Council
has established a scheme of delegation to deal with applications received under the Act.
4.3 This form of delegation is without prejudice to the Officers referring an application to a Sub-Committee, or a Sub-Committee to the Licensing and Regulatory Committee, if considered appropriate in the circumstances of any particular case.
4.4 Any applications dealt with by Officers will be reported to the next appropriate meeting of the Committee for the purposes of information and comment only.
5. FUNDAMENTAL PRINCIPLES
5.1 In making decisions on licensing applications the Council will have regard to this statement of licensing policy where it is relevant and to the Guidance published by the Secretary of State. The Act requires that the Council carry out its various licensing functions so as to promote the following four licensing objectives:-
• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm.
5.2 These are considered in more detail below.
5.3 Nothing in the
Statement of Licensing Policy
• undermine the rights of any person to apply under the Act for a variety of permissions and have each such application considered on its individual merits, and/or
• over-ride the right of any person to make representations on any application or seek a review of a licence or certificate where provision has been made for them to do so under the Act.
5.4 The Council’s purpose in licensing activities in premises is to work with the business community to maintain the level of business activity in towns and villages in a manner that has due regard for public enjoyment, health and safety in the area. Licensing is about regulating the carrying on of licensable activities on licensed premises, or by qualifying clubs or at temporary events, within the terms of the Act, and the terms and conditions attached to various authorisations/licences will be focused on matters which are within the control of individual licensees and others granted such authorisations/licences.
5.5 When considering these conditions, the Council will primarily focus on the direct impact of the activities taking place at licensed premises on members of the public living, working or engaged in normal activity in the vicinity concerned.
5.6 The Council acknowledges that licensing law is not a mechanism for the general control of anti-social behaviour by individuals once they are away from the premises and beyond the direct control of the individual, club or business holding the licence, certificate or authorisation concerned. The Act requires applicants to consider carefully the Council’s Statement of Licensing Policy when drafting their applications.
Applicants will show that they have considered the practical effects of managing their business to accord with this Statement.
5.7 However, Waverley expects every holder of a licence, certificate or other authorisation/permission to make every effort to minimise the impact of their activities and any anti-social behaviour by their patrons within the vicinity of their premises.
5.8 Specific reference is made within Waverley’s Cultural Strategy to support for the development of arts centres, including provision of live music and theatre. The Strategy also seeks to continue to promote the use of parks in the Borough as a venue for seasonal live theatre events.
THE FOUR LICENSING OBJECTIVES
6. PREVENTION OF CRIME AND DISORDER (Licensing Objective 1)
6.1 The Council will expect the Licensee to show what measures have been taken to avoid significant movement of people in search of premises opening later, thus avoiding greater pressure on specific areas than is necessary, in relation to crime and disorder. In addition to the requirement for the Council to promote the licensing objectives, it also has a duty under Section 17 of the Crime and Disorder Act 1998 to exercise its functions with due regard to the likely effect of the exercise of those functions on, and to do all it reasonably can to prevent, crime and disorder in the Borough. Consultation and co-operation with consultees may avoid unnecessary contention when applications are considered by the Council.
6.2 The Council will encourage and support Conditions to licences and certificates intended to deter crime and disorder, and these may include Conditions drawn from the Model Pool of Conditions relating to Crime and Disorder (detailed within Guidance issued by the Secretary of State). Any such conditions imposed will be tailored to the style and characteristics of the premises and the type of activities expected/permitted/licensed to take place there.
6.3 The Council has decided that, at present, it is not appropriate for any area of the Borough to be covered by provisions on cumulative impact. The views of Surrey Police were taken into account when the Council made this judgement, but Surrey Police wanted this matter kept under active view.
6.4 The Council will consider the circumstances of each individual application. It may be possible for the Council to approve licences or certificates that are unlikely to add significantly to the cumulative impact on the licensing objectives
The Council will review the need for any cumulative impact policies at least every three years to see if circumstances have changed and they are needed.
The Council will not use such policies solely:-
as grounds for revoking a licence when representations are received about problems with an existing licensed premises, or,
to refuse applications to vary an existing licence, except where the modifications are directly relevant to the policy For example, where the application is for a significant increase in the capacity limits of a premises, and are strictly necessary for the promotion of the licensing objectives.
6.5 The Council will not take “need” (i.e. the commercial demand for premises offering a particular type of licensable activity) into account when considering an application, as this is a matter for planning control and the market. However, the impact of the number, type and density of licensed premises in a given area may lead to serious problems of nuisance and disorder outside and some distance from the premises. This is described as the “cumulative impact”, and is a proper matter for consideration by the Council in the future.
6.6 There will be no quota imposed by the Council to restrict the number of premises or licences in the area as a whole.
6.7 The Council will consider representations based upon the impact on the licensing objectives if a particular application were to be granted. The onus would be on the objector(s) to provide the evidential base for the assertion that the addition of the premises in question would produce the suggested impacts upon the objectives.
6.8 The Council will consider representations based on the impact on the promotion of the licensing objectives in the Borough generally of the grant of the particular application in front of them.
6.9 However, the onus would be on the individual or organisation making the objection to provide evidence to support their assertion that the addition of the premises in question would produce the cumulative impact on the objectives claimed, taking into account that the impact will be different for premises with different styles and characteristics”.
The Council will only consider restrictions relating to any cumulative effect regarding a particular application where representations have been made.
6.10 The Council recognises that there are a number of mechanisms for addressing unlawful or anti-social behaviour which occurs away from licensed premises. These include:-
• planning controls;
• positive measures to provide a safe and clean town or village centre environment in partnership with local businesses, transport operators and other departments of the Council;
• powers to designate parts of the Borough as places where alcohol may not be consumed publicly;
• police enforcement of the law with regard to disorder and anti-social behaviour, including the issue of fixed penalty notices;
• prosecution of any personal licence holder or member of staff at such premises who is selling alcohol to people who are drunk;
• confiscation of alcohol from adults and others in designated areas;
• police powers to close down instantly for up to 24 hours any licensed premises or temporary event on the grounds of disorder, the likelihood of disorder or excessive noise emanating from the premises;
• the powers of police, other responsible authority or a local resident or business to seek a review of the licence or certificate in question”.
6.11 The Council will address a number of these issues in line with the strategic objectives for crime and disorder reduction within the Borough.
6.12 In considering licence applications, the Council will have regard to measures relating to prevention of crime and disorder and will consider such of the following issues as are relevant in exercising its licensing function:-
1. the ability of the designated premises supervisor to monitor the premises at all times when it is open;
2. the proposals for training to be given to staff in crime prevention measures appropriate to those premises;
3. physical security features installed in the premises. This may include matters such as the position of cash registers; the place where alcohol is stored in “off-licences”; the standard of CCTV that is installed; the use of plastic, toughened or similar safety drinking glasses in pubs and clubs; and the secure storage of waste which could potentially be used as weapons;
4. management attitudes, such as the willingness to stagger trading hours with nearby competing businesses to avoid all of their patrons subsequently competing for the limited public transport late at night, their willingness to limit sales of bottled alcohol for immediate consumption;
5. the avoidance of irresponsible pricing or other promotions that contravene the licensing objectives;
6. the measures employed by the management to prevent the supply and/or consumption of illegal drugs, including any search procedures and entry policies. The Council will work in partnership with the local Pub (and Drug) Watch Scheme in supporting licence holders to actively prevent crime and disorder and to form strategies to reduce current levels by meeting as necessary with members of the Scheme. The strategies seek to address matters such as under-age sales, problems associated with drunken individuals, prevention of use of drugs, violent and anti-social behaviour. The applicant will need to consider:-
(a) what measures have been taken or will be taken to raise staff awareness and discourage and prevent the use of drugs on the premises; what arrangements have been made to provide secure facilities to store seized drugs in a secure place; and
(b) where drugs have been seized, the Council will require records to be kept and all entries in the log to be witnessed. This log should be made available to any Police Constable or authorised officer of the Council. The Council will require the Licensee to advise the Police immediately of any confiscated item.
7. any other such measures as may be appropriate, for example, restrictions on price related promotions (such as happy hours) or variations in staffing levels or music style or volume before closing.
8. where premises are subject to age restrictions, the procedures in place to conduct age verification checks, e.g. adoption and use of secure proof of age scheme, for example, driving licence or passport;
9. the likelihood of any violence, public order or policing problem if the licence is granted.
7. PUBLIC SAFETY (Licensing Objective 2)
7.1 The Council may consider attaching Conditions to licences and certificates to promote public safety, and these may include Conditions drawn from the Model Pool of Conditions relating to “Public Safety” and “Cinemas and Fire Safety”. Any such conditions will be tailored to the style and characteristics of the premises and the type of activities expected to take place there.
7.2 The Council may attach a “safe capacity” to licences and certificates when it appears necessary to ensure public safety or to prevent crime and disorder. The Council will seek technical advice, including working in close partnership with the Surrey Fire and Rescue Service to advise on the maximum capacity at individual venues.
7.3 When exercising its functions regarding premises licences, the Council will take into account (where relevant) applicants’ requests for terminal hours in the light of the licensing objectives and this Statement of Policy, and in view of:-
• environmental quality;
• residential amenity;
• character or function of a particular area; and
• nature of the proposed activities to be provided at the premises.
7.4 The terminal hours will normally be approved where it is shown that the proposal would not adversely affect the issues listed in 7.3 above. The Council may set an earlier terminal hour where it considers this is appropriate to the nature of the activities and the amenity of the area having regard to the licensing objectives and representations from interested parties.
7.5 Members of the public have a right to expect when visiting licensed premises that due consideration has been taken of needs with respect to public safety. Licensees, as providers of premises for the sale of alcohol or regulated entertainment, must demonstrate that they have considered and put into effect measures to protect:-
members of the public (including those living in the vicinity)
commercial interests of premises in the vicinity and
7.6 The Council is committed to ensuring public safety across the Borough, by working in close partnership, in particular with Surrey Police, Surrey Fire and Rescue, and licensees, and with any other relevant bodies. This might include submitting evidence that all necessary risk assessments in conjunction with an application have been carried out to the satisfaction of the relevant bodies concerned with any aspect of safety.
7.7 Where applicable, the Council will consider the attachment of a condition to the licence requiring the use of Door Supervisors, licensed by the Security Industry Authority, to control access to and egress from the premises during events in order to ensure public safety.
7.8 Applications will not normally be granted unless it can be demonstrated through the Operating Schedule that the proposal will not have a negative impact on public safety.
7.9 Where necessary to promote the licensing objectives, the Council may seek to be satisfied that premises comply with statutory requirements (or may comply before business commences). The Council may seek documentary or other evidence, including any of the following:-
(a) Electrical Inspection Report (Certificate);
(b) Emergency Lighting Inspection (and Test) Report;
(c) Fire Alarm (Test) Inspection Report;
(d) Fire-Fighting Equipment inspection report;
(e) Boiler inspection report (Certificate);
(f) Flame Retardant Properties of Materials Certificate;
(g) Ceiling Certificate, in the case of cinemas;
(h) Wall Lining Certificates;
(i) staff training records;
(j) evacuation drills.
7.10 The Council may seek to be informed of necessary Health and Safety risk assessments at the premises, and where necessary and appropriate to secure the Licensing objectives, licensees may be required to put into place measures to reduce risks to staff and to the public.
7.11 Licensees are encouraged to undertake measures to promote anti-drink/driving campaigns, including promoting other forms of public transport.
7.12 The Council may seek assurances that measures are in place for current and future staff to be trained in matters relating to public safety.
7.13 The Council may seek assurances that measures have been or will be taken to reduce impact of noise both in terms of staff safety and protection of hearing of the public and staff at the premises.
7.14 The Council may seek assurance that measures have been or will be taken to ensure that litter does not cause a nuisance, health hazard to the public or a fire hazard to the vicinity, as generated by the activity at or near to the premises.
7.15 The Operating Schedule shall specify all types of regulated entertainment envisaged. Any variation from the schedule must be agreed with the Council and confirmed in writing. Use of special effects such as lasers, pyrotechnics, smoke and foam machines, etc must be accompanied by Health and Safety risk assessments and, where necessary, must comply with Fireworks Regulations 2003 and any other legislation for fireworks displays. The Council will need to be satisfied that the type of regulated entertainment provided will be suitable for the location in which the premises is situated.
7.16 Due consideration must be given in the Operating Schedule in relation to permitting access to the premises by animals with the potential to cause harm.
8. PREVENTION OF NUISANCE (Licensing Objective 3)
8.1 The Council will take an objective view as to the potential for nuisance and will seek to attach appropriate and proportionate conditions to licences and certificates where necessary in order to prevent it. These may include Conditions drawn from the Model Pool of Conditions relating to “Public Nuisance”. Any such conditions imposed will be tailored to the style and characteristics of the premises and the type of activities expected to take place there. The following issues will be taken into account:-
1. 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 sound proofing, air conditioning, acoustic lobbies and sound limitation devices.
2. The steps the applicant has taken or proposes to take to prevent disturbance by patrons/customers arriving at or leaving the premises, particularly between the hours of 10.00 pm and 7.00 am.
3. The steps the applicant has taken or proposes to take to prevent queuing or, if queuing is inevitable, to divert queues away from neighbouring premises, or otherwise to manage the queue to prevent disturbance or obstruction.
4. The steps the applicant has taken or proposes to take to ensure that staff leave the premises quietly.
5. The arrangements made or proposed to be made for parking by patrons/customers, and the effect that parking will have on local residents.
6. Whether there is sufficient provision for public transport for patrons/customers and staff.
7. Whether taxis and private hire vehicles (and any other vehicles) serving the premises are likely to disturb residents in the vicinity.
8. Whether routes to and from the premises on foot or by car or by service or delivery vehicles pass near to residential premises.
9. The use of gardens or other open air areas.
10. The siting of external lighting, including security lighting that is installed appropriately.
11. If the applicant has previously held a licence within the borough, the history of any enforcement or any relevant action arising from that premises.
12. Whether the business activities at the premises would result in increased refuse storage or disposal problems, or additional litter (including fly posters and unauthorised placards) in the vicinity of the premises.
9. PROTECTION OF CHILDREN FROM HARM (Licensing Objective 4)
Access to Licensed Premises
9.1 The Act prohibits unaccompanied children from entering certain premises and between certain hours. It is an offence under the Act to:-
(a) permit children under the age of 16 who are not accompanied by an adult (aged 18 or over) to be present on premises being used exclusively or primarily for the supply of alcohol for consumption on those premises under the authority of a premises licence, club premises certificate or temporary event notice, and
(b) permit the presence of children under the age of 16 who are not accompanied by an adult between midnight and 5.00 am at other premises supplying alcohol for consumption on the premises under the authority of a premises licence, club premises certificate or temporary event notice
Other than set out above, and subject to the licensee’s discretion, the Act does not prevent unaccompanied children from having free access to any licensed premises where the consumption of alcohol is not the exclusive or primary activity
9.2 However, there may be occasions when the Council has to consider the imposition of limitations where it is necessary to protect children from moral, psychological or physical harm.
9.3 The Council will consider the individual merits of each application before deciding whether it is necessary to limit the access of children to any given premises. The following are examples of premises that will raise particular concern:-
• where there have been convictions for serving alcohol to minors or with a reputation for under-age drinking;
• where there is a known association with drug taking or drug dealing;
• where there is a strong element of gambling on the premises;
• where entertainment of an adult or sexual nature is commonly provided;
• where films with age-restricted classifications are to be shown.
9.4 The Council may consider the following options (which may be adopted in combination) for limiting the access of children to licensed premises in order to prevent harm:-
• Limitations on the hours when children may be present;
• Limitations on ages below 18;
• Limitations or exclusion when certain activities are taking place;
• Restrictions of exclusions in respect of parts of premises;
• Requirements for an accompanying adult;
• Full exclusion of people who are under 18 years of age from the premises when any licensable activities are taking place.
• Waverley considers the
Area Child Protection Committee
or other appropriate body
) to be competent in advising the Council on matters relating to protecting children from harm. Applicants for premises licences and club premises certificates should send details of these applications to the body.
9.5 No conditions will be imposed requiring that children be admitted to any premises and, where no limitation is imposed, this will be left to the discretion of the individual licensee or club or person who has served a temporary event notice on the Council.
9.6 Applicants for premises licences and club premises certificates must send copies of their applications to the Area Child Protection Committee at [
ADDRESS TO INSERT
] on any application that indicates that there may be concern over access for children.
Illegal sales of restricted goods
9.7 The Council and the Police take a serious view of the sale to minors of age-restricted goods. Trading Standards in Surrey will continue to seek to ensure that there is no illegal sale of age-restricted goods. The work of the Trading Standards Department in setting up systems to avoid sales to minors taking place is acknowledged and welcomed by Waverley. This work will continue and the Council will welcome reports from the Trading Standards Department on any licensing matter. The Council has particular regard to addressing problems caused by the link between alcohol sales to minors and crime and disorder issues. The Council will have regard to measures proposed relevant to the following:-
Staff training on the law with regard to restricted sales
Training records and documentation to be kept available for inspection
Staff training to include checking identification (ID) for proof of age through a secure system (see also Paragraph 6.8)
A responsible person [as identified by Section 153 (4) of the Act] who is present and responsible for transactions made through staff who may be under 18 years of age
Procedures in place to train and remind staff that all age-restricted products may only be sold in accordance with the Licensing Act 2003 (and other legislation) so that proof of age may be sought where needed
Procedures in place to record refusals of sales, with such records kept available for inspection
Vending machines dispensing age-restricted goods to be positioned to allow for proper supervision at all times
Access to cinemas
[It is expected at this early stage that appropriate provision will be made in respect of venues that currently have regular film performances (Waverley does not currently have a purpose-built cinema)].
9.8 The Council will expect licensees to include in their operating schedules arrangements for restricting children from viewing age-restricted films, classified according to the recommendations of the British Board of Film Classification (BBFC) or the Council.
Children and public entertainment
9.9 Where the majority of the intended audience at regulated entertainment is expected to be children or the entertainment offered is of a nature likely to be of interest to children
(e.g. theatre productions or film shows), the Council will require the following arrangements in order to control their access and egress and to assure their safety:-
(1) Each event/facility to assess requirements has undertaken specific risk assessments to identify ratios/regulations required for applicant may be asked to provide proof of risk assessment.
(2) A “Lost Child” policy which identifies arrangements for the safe care of lost children until they are reunited with the parent/guardian.
(3) A staff-to-children ratio which will ensure adequate supervision.
9.10 The Council will consider attaching conditions to licences and certificates to prevent harm to children, and these may include Conditions drawn from the Model Pool of conditions relating to the Protection of Children from Harm.
10. LICENSING HOURS
10.1 The Council recognises that the intention of the legislation is to permit longer licensing hours for the sale of alcohol. This may be important to ensure that large concentrations of people do not leave premises at the same time and it may reduce the friction at late night hot food outlets, taxi ranks (hackney carriage stands), taxi or private hire operators’ offices and other sources of transport that can lead to disorder and disturbance.
10.2 The Council may consider imposing stringent conditions in respect of noise control where premises are situated in areas that have dense residential accommodation and/or are close to sensitive areas, for example hospitals, schools, places of worship, nursing homes. However, regard will be given to the individual merits of any application.
SHOPS, STORES AND SUPERMARKETS
10.3 The Council will consider licensing shops, stores and supermarkets to sell alcohol for consumption off the premises at any times they are open for shopping.
10.4 The Council may consider whether there are very good reasons for restricting those hours. For example, a limitation may be appropriate following police representations in the case of isolated or individual shops known to be the focus of disorder and disturbance because people gather there and cause a nuisance.
11. INTEGRATING STRATEGIES AND AVOIDING DUPLICATION
11.1 The Council recognises the need to avoid duplication with other regulatory regimes as far as possible. This Statement of Licensing Policy is not intended to duplicate existing legislation and regulatory regimes that place duties upon employers and operators. In the event that conduct of activity related to the business has been found to be in contravention of other regulatory regimes the Council will have regard to such conduct in considering licensing applications.
11.2 Some regulations do not cover the particular circumstances that arise in connection with entertainment. The Council may, for example, attach conditions to premises licences and club premises certificates where these are considered necessary for the promotion of the licensing objectives and are not already provided for in any other legislation.
11.3 The Council recognises that there should be a proper separation of the planning and licensing regimes to avoid duplication and inefficiency. Licensing applications should not be a re-run of planning applications and should not cut across decisions taken by the Development Control Committee and its Sub-Committees or following appeals against decisions taken by those Committees. Similarly, applicants for premises licences are responsible for making sure that they have the appropriate planning permission to reflect the proposals in their operating schedule and to enable them to comply with the commitments to service provision detailed in their operating schedule. Applicants should not propose in their operating schedule management measures affecting health and safety etc that conflict with planning or listed building control.
11.4 The Waverley Borough Local Plan 2002 acknowledges that restaurants, public houses and other such uses are important elements in the mix of uses found in town centres and to the evening economy. Food and drink uses are considered under Policy S6 of the Local Plan. Planning cannot take into account the possible behaviour or public order issues resulting from new development or changes of use, as these are not land–use issues. It does, however, recognise that such uses can cause disturbance to neighbours and can have an adverse effect on the character of an area. It seeks to eliminate or limit such adverse impacts in various ways, by imposing reasonable planning conditions restricting hours of operation, and ensuring that parking activities are controlled, particularly at unsocial hours.
11.5 The Council will ensure that regular reports are sent from the Licensing Committee to the Development Control Committee on the situation regarding licensed premises in the Borough, including the general impact of alcohol related crime and disorder. The Council’s planning policies are set out in the Waverley Borough Local Plan (2002) and supplementary planning guidance.
11.6 The Council will set up multi-disciplinary working groups to ensure the proper integration of local crime prevention, planning, transport, tourism and cultural strategies.
11.7 Conditions attached to premises licences and club premises certificates will, so far as possible, reflect local crime prevention and crime and disorder strategies and applicants will be expected to address these in their operating schedules.
11.8 The Council will monitor the impact of licensing on regulated entertainment particularly live music and dancing. The Council aims to support the development of Cultural Services.
11.9 The Council encourages local sporting organisations, through its Cultural Strategy, to generate revenue by making best use of their pavilions and any other facilities they may have.
Promotion of Racial Equality
11.10 The Council has due regard to the promotion of racial equality by eliminating unlawful discrimination, promoting equality of opportunity and good relations between persons of different racial groups in accordance with the Race Relations Act 1976 (as amended). Applicants are expected to comply with the Race Relations Act 1976 (as amended) and any related future amendments, rules and regulations where applicable.
11.11 Where necessary, the Council will arrange for protocols with the Surrey Police to provide for reports to the local authority Committee responsible for transport matters on the need for the swift and safe dispersal of people from the town centres to avoid concentrations, which can produce disorder and disturbance.
Tourism & Employment
11.12 Arrangements will be made for the Licensing Committee to receive reports on the following relevant matters to ensure these are reflected in their considerations:-
• the needs of the local tourist economy and cultural strategy for the Borough, and,
• the employment situation in the Borough and the need for investment and employment where appropriate.
11.13 The Council will seek to discharge its licensing responsibilities with due regard to other Government strategies that impact upon the licensing objectives e.g.
• Safer Clubbing
• National alcohol harm reduction strategy
• Home Office Action Plan for tackling alcohol-related crime, nuisance and disorder
• LACORS/TSI Code of Best Practice on test purchasing
HSE Events Guide (particularly, but not exclusively, for temporary events and Temporary Events Notices)
Disability Discrimination Act
11.14 The Disability Discrimination Act takes effect on 1st October 2004 and Waverley Borough Council is positive in its approach to provision of appropriate facilities and access for disabled people. It would wish to see proper provision in licensed premises and would seek to encourage licensees to make improvements to premises in this regard.
Amusement with Prizes
11.15 In premises where there are Amusement with Prizes (AWP) machines, the Council will expect Operating Schedules to show the measures to be taken to prevent access by children in accordance with the gaming legislation.
11.16 The Council will expect that where there is access by children, all machines are located within sight of the bar staff so that machines can be played under their direct supervision.
12.1 The Council intends to establish protocols with Surrey Police on the enforcement of licensing law. These will provide for the efficient deployment of Police and Council Officers engaged in enforcing licensing law and inspecting licensed premises, in order to ensure that resources are targeted at problem and high-risk premises.
12.2 The Council has adopted a corporate enforcement concordat, based on the principles of consistency, transparency and proportionality set out in the Department of Trade and Industry’s Enforcement Concordat.
12.3 Waverley will continue to support and participate in the Surrey County-wide Licensing Forum – a local forum which aims to:-
help develop consistency between the statutory agencies responsible for licensed premises;
develop potential for a joint approach to implementation and administration;
act as a strategic forum for licensing in Surrey;
develop liaison with agencies and other relevant organisations;
promote best practice;
enhance the potential for sharing resources.
13. CINEMA, LIVE MUSIC, DANCING AND THEATRE
13.1 As part of implementing the local cultural strategy, the Council recognises the need to encourage and promote live music, dance and theatre for the wider cultural benefit of the community, particularly for young people. It is also keen to promote new and to continue existing cinema provision in the Borough
USEFUL SOURCES OF INFORMATION
A. The Licensing Act 2003 can be viewed on the web site of Her Majesty’s Stationery Office at
B. The Guidance for the Act can be viewed at the Department of Culture, Media and Sport web site on
C. Final regulations are awaited from the Government in connection with the Act.
D. The Government’s Alcohol Harm Reduction Strategy can be viewed on
E. The Council’s latest Licensing information can be found on its own web site at
(the website of the Institute of Alcohol Studies)