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Waverley Borough Council Committee System - Committee Document

Meeting of the Council held on 11/12/2007
Statement of Licensing Policy









STATEMENT OF LICENSING POLICY










Approved by the Council at its
meeting on [INSERT DATE]





CONTENTS

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 (LO 1) 6
7. Public Safety (LO 2) 10
8. Prevention of Nuisance (LO 3) 12
9. Protection of Children from Harm (LO 4) 14
10. Licensing Hours 17
11. Integrating Strategies and Avoiding Duplication 18
12. Enforcement 20
13. Appeals 20
14. Further information 20
Annex 1 Responsible Authorities 21
Annex 2 Useful sources of information 22
Annex 3 Table of Delegations of Licensing Functions 23


1. INTRODUCTION

1.1 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 According to the 2001 Census, Waverley has a population of 115,665, 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.

1.3 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, and the empowerment of local communities”.

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 Statement of Licensing Policy (“this Policy”) will both guide the Council in exercising its licensing functions as Licensing Authority for the Borough, 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 this Policy 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 11.00pm and 5.00am – the provision of “Late Night Refreshment”.

2. THE STATEMENT OF LICENSING POLICY (Section 5(1) of Act)

2.1 The Act requires that the Licensing Authority publish a “Statement of Licensing Policy” that sets out the policies the Licensing Authority will apply in the exercise of its licensing functions under the Act. The Licensing Authority is obliged by the Act to review this Policy every three years.

2.2 This Policy has been prepared in accordance with the provisions of the Act and having regard to the statutory guidance issued under Section 182 of the Act (“the Guidance”). This Policy as amended by the first review will take effect on 7th January 2008 and will remain in force for a period of not more than 3 years, during which time it will be kept under review.

3. CONSULTATION

3.1 This Policy has been prepared in consultation with the “Responsible Authorities” listed in Annex 1 to this Policy, bodies representing existing licence holders 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 Policy.

4. ADMINISTRATION, EXERCISE & DELEGATION OF FUNCTIONS

4.1 The powers of the Licensing Authority under the Act may be carried out by the Council’s 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, and only in accordance with the Act.

4.4 Any applications dealt with by Officers will be reported to the next meeting of the appropriate committee for the purposes of information and comment only.

4.5 The Council’s approved table of delegation, showing the decision-making process for applications under the Licensing Act 2003, is attached at Annex 3 to this Policy document.

5. FUNDAMENTAL PRINCIPLES

5.1 The Act requires that the Licensing Authority 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 Each objective is of equal importance. It is important to note that there are no other licensing objectives, and therefore these four objectives are paramount considerations at all times. These four licensing objectives are considered in more detail in sections 6 to 9.

5.3 Due to the similarity between the application processes for both premises licences and club premises certificates, a reference to a premises licence in this section will also be a reference to a club premises certificate.

5.4 All applications for new premises licences and variations need to be supported by an operating schedule. The schedule must specify (amongst other things) the steps which the applicant proposes to promote each of the licensing objectives.

5.5 If no responsible authority or interested person lodges an objection (known as a ‘relevant representation’) to the application, the Licensing Authority must grant the application as set out in the operating schedule, subject only to mandatory conditions under the Act. The steps proposed by the application will become licence conditions. The authority will have no discretion to refuse the application or to alter or add to the conditions arising from the operating schedule.

5.6 Where, however, there are relevant representations, then a hearing of the opposed application before a licensing sub-committee will normally follow. After the hearing, the sub-committee must, having regard to the representations, take such steps as it considers necessary to promote the licensing objectives. These may include refusing the application or adding to or modifying the conditions proposed in the operating schedule.

5.7 In exercising its discretion, the licensing sub-committee will have regard (amongst other things) to this Policy. Therefore, in drawing up their operating schedule, applicants would be well advised to read this Policy carefully. Where an operating schedule complies with this Policy, it is generally less likely that an interested party or responsible authority will object to it, or that an objection will succeed. Therefore, compliance with this Policy is likely to assist the applicant to avoid the delay and expense of a contested licensing hearing, and the risk of a refusal or the addition of unwanted conditions.

5.8 This is not to say that an opposed application which complies with this Policy will necessarily be granted or that an opposed application which does not comply with it will necessarily be refused. Where there have been relevant representations, the Licensing Authority will always consider the merits of the case, and interfere with the operating schedule only when, and to the extent, necessary to promote the licensing objectives. Nor will blanket or standard conditions be applied without regard to the merits of the individual case. So, for example, the Licensing Authority will not interfere with an operating schedule which does not comply with this Policy where the steps proposed are sufficient to meet the licensing objectives in the individual circumstances of the case.

5.9 However, this Policy represents the Licensing Authority’s view of the best means of securing the licensing objectives in most normal cases. It has been drawn up in consultation with other expert bodies and responsible authorities, together with community stakeholders. While the contents of the operating schedule are a matter for the applicant, where there is objection to a schedule which departs from the Policy, the licensing sub-committee hearing an opposed application will normally expect to be given a good reason for the departure if it is asked to make an exception to this Policy.

5.10 In this Policy, there are a number of references to the Licensing Authority’s expectation of applicants. As explained above, this Policy is only engaged where the Licensing Authority has a discretion following the receipt of a relevant representation. In such cases, the Licensing Authority will not apply this Policy rigidly, but will always have regard to the merits of the case with a view to promoting the licensing objectives.

5.11 Further, the Licensing Authority may use this Policy when exercising other licensing functions. For example, when considering an application for review of a licence, the Licensing Authority is likely to view with concern premises which are being operated in clear breach of the terms of this Policy.

5.12 Nothing in this Policy will:-

• 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.

5.13 The Licensing Authority’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.

5.14 Licensing is about regulating licensable activities on licensed premises, by qualifying clubs or at temporary events within the terms of the Act, and the conditions attached to various authorisations will be focused on matters which are within the control of individual licensees and others with relevant authorisations, i.e. the premises and its vicinity. Whether or not incidents can be regarded as being “in the vicinity” of licensed premises is a question of fact and will depend on the particular circumstances of the case.

5.15 In addressing this matter, the Licensing Authority 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.

5.16 The Licensing Authority acknowledges that licensing law is not the primary mechanism for the general control of nuisance or anti-social behaviour by individuals once they are away from the premises and, therefore, beyond the direct control of the individual, club or business holding the licence, certificate or authorisation concerned. Nonetheless, it is a key aspect of such control and licensing law will always be part of a holistic approach to the management of the evening and night-time economy.

5.17 The Act requires applicants to consider carefully this Policy when drafting their applications. Applicants will show that they have considered the practical effects of managing their business to accord with this Policy.

5.18 Waverley expects every holder of a licence, certificate or other authorisation to make every effort to minimise the impact of their activities and any nuisance or anti-social behaviour by their patrons within the vicinity of their premises.

5.19 The Human Rights Act 1998, incorporating the European Convention on Human Rights, makes it unlawful for a local authority to act in a way, which is incompatible with a Convention right. The Licensing Authority will have regard to the Human Rights Act when exercising its licensing functions, with particular reference to the following relevant provisions of the European Convention on Human Rights:-

ˇ Article 6 – In the determination of civil rights and obligations every person is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law

ˇ Article 8 – Every person has the right to respect for his home and private and family life.

ˇ Article 1 of the First Protocol – Every person is entitled to the peaceful enjoyment of his or her possessions.
THE FOUR LICENSING OBJECTIVES

6. PREVENTION OF CRIME AND DISORDER

For how this Policy is to apply, please see section 5 (“Fundamental Principles”).

6.1 The essential purpose of the premises licence or club premises certificate in the context of this licensing objective is to regulate the behaviour of people while on, or in the immediate vicinity of the premises as they seek to enter or leave.


Best Practice in crime prevention

6.2 The Licensing Authority strongly encourages the implementation of best practice in licensed premises in the Borough in order to promote the crime prevention objective. Types of premises vary throughout the Borough, as do the types of licensable activities carried on at those premises, and therefore the steps necessary to promote this objective will vary by premises.

Operating Schedules

6.3 When preparing their operating schedules, applicants are encouraged to carry out a risk assessment of their premises by reference to the following items of best practice:-

6.3.1 Training given to staff in crime prevention measures appropriate to the premises;

6.3.2 The 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;

6.3.3 The avoidance of irresponsible pricing or other promotions that contravene the licensing objectives;

6.3.4 Measures to prevent the supply and/or consumption of illegal drugs, including any search procedures and entry policies;

6.3.5 Measures to raise staff awareness of, and discourage and prevent the use of, drugs on the premises;

6.3.6 Arrangements to provide secure facilities to store seized drugs in a secure place. Where drugs have been seized, records should be kept and all entries in the log witnessed. This log should be made available to any Police Constable or authorised officer of the Licensing Authority. The Police should be advised immediately of any confiscated item;

6.3.7 Variations in staffing levels or music style or volume before the premises closes;

6.3.8 Where premises are subject to age restrictions, procedures to conduct age verification checks, e.g. adoption and use of secure proof of age scheme, for example, driving licence or passport;

6.3.9 The likelihood of any violence, public order or policing problem if the licence or certificate is granted;

6.3.10 Whether the applicant is a member of one of the four Pubwatch schemes in the Borough.

6.4 Applicants are expected to include the above items of best practice in their operating schedules, where relevant to the premises. Where they elect not to do so, they are strongly advised to include information explaining the omission. This might be because a risk assessment has shown that the step is unnecessary or because the item is already the subject of another consent, e.g. a planning permission or statutory obligation. If such information is not included, it is more likely that a relevant representation will be made, leading to the cost and delay of a hearing before a licensing sub-committee.

6.5 The steps volunteered in the operating schedule will become conditions of the licence or certificate, and therefore applicants should consider carefully the steps necessary for the promotion of the licensing objectives at their particular premises.

Opposed Applications

6.6 If a relevant representation is made, the Licensing Authority will have discretion to take such steps as are necessary to promote the licensing objectives. In exercising its discretion, it may where relevant take into account whether the applicant proposes to follow the best practice set out above.

6.7 The Council, and therefore the Licensing Authority, 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.

6.8 As set out in section 11 of this Policy, the Licensing Authority recognises the need to avoid duplication with other regulatory regimes as far as possible, including avoiding replicating offences set out in the Act and other legislation. The Licensing Authority will, when considering an application following receipt of relevant representation, consider attaching conditions to licences and certificates intended to prevent and deter crime and disorder, and these may include conditions drawn from the Model Pool of Conditions relating to the Prevention of Crime and Disorder (detailed within Annex D of the Guidance).

6.9 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.

6.10 The Licensing Authority will work in partnership with the local Pubwatch Schemes 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.

Cumulative Impact

6.11 The Licensing Authority has decided that, at present, it is not appropriate for any area of the Borough to be covered by a special policy on cumulative impact. There is therefore no special policy creating a rebuttable presumption that applications within a particular area of the Borough for new premises licences or club premises certificates or material variations thereto will normally be refused, if relevant representations are received about the cumulative impact on the licensing objectives. The views of Surrey Police were taken into account when the Licensing Authority made this judgement.

6.12 The Licensing Authority will review the need for special policy on cumulative impact at least every three years to see if circumstances have changed and one is needed.

The Licensing Authority would not use such a special policy 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 this 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.

6.13 The Licensing Authority will not take “need” (i.e. the commercial demand for premises offering a particular type of licensable activity) into account when considering an application that has attracted relevant representations, 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 Licensing Authority in the future.

6.14 The absence of a special policy does not prevent any responsible authority or interested party making representations on a new application for the grant, or variation, of a premises licence or club premises certificate on the grounds that the premises will give rise to a negative cumulative impact on one or more of the licensing objectives.

6.15 However, there will be no quota imposed by the Licensing Authority to restrict the number of premises or licences in the area as a whole.

6.16 The Licensing Authority will consider representations based upon the impact on the licensing objectives if a particular application were to be granted. 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 Licensing Authority will only consider restrictions relating to any cumulative effect regarding a particular application where relevant representations have been made on the grounds that the premises will give rise to a negative cumulative impact on one or more of the licensing objectives, and then only where such restrictions are considered necessary for the promotion of the licensing objectives.

6.17 The Licensing Authority recognises that there are a number of other mechanisms, both within and outside the licensing regime, 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 Licensing Authority;

• 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.

6.18 The Licensing Authority will address a number of these issues in line with the strategic objectives for crime and disorder reduction within the Borough.

7. PUBLIC SAFETY

For how this Policy is to apply, please see section 5 (“Fundamental Principles”).

7.1 The public safety objective is concerned with the physical safety of the people, including any performers appearing at the premises, attending licensable activities at the relevant premises.

7.2 The Licensing Authority 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.

Best Practice in public safety

7.3 The Licensing Authority strongly encourages the implementation of best practice in licensed premises in the Borough in order to promote the public safety objective. Types of premises vary throughout the Borough, as do the types of licensable activities carried on at those premises, and therefore the steps necessary to promote this objective will vary by premises.

Operating Schedules

7.4 When preparing their operating schedules, applicants are encouraged to carry out a risk assessment of their premises by reference to the following items of best practice:-

7.4.1 Proposed premises capacities, including staff and performers. (If an applicant’s existing fire safety certificate prescribes a safe capacity, it would be inappropriate for the Licensing Authority to reproduce it in a premise licence or club premises certificate. However, if no safe capacity has been imposed through other legislation, a responsible authority may consider it necessary for a new capacity to be attached to a premises which would apply at all material times when the licensable activities are taking place, and make representations to that effect. Applicants are therefore advised to seek advice from the Licensing Section and Surrey Fire and Rescue Service if they are unsure whether to suggest a capacity in their operating schedule);

7.4.2 Levels of door supervision adequate to control access to and egress from premises in order to ensure the public safety;

7.4.3 Training for current and future staff in matters relating to pubic safety, where not already required by other legislation;

7.4.4 Measures to reduce the impact of noise both in terms of staff safety and protection of hearing of the public and staff at the premises, where such measures are not already required by other legislation;

7.4.5 Measures 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.

7.5 Applicants are expected to include the above items of best practice in their operating schedules, where relevant to the premises. Where they elect not to do so, they are strongly advised to include information explaining the omission. This might be because a risk assessment has shown that the step is unnecessary or because the item is already the subject of another consent, e.g. a planning permission or statutory obligation. If such information is not included, it is more likely that a relevant representation will be made, leading to the cost and delay of a hearing before a licensing sub-committee.

7.6 The steps volunteered in the operating schedule will become conditions of the licence or certificate, and therefore applicants should consider carefully the steps necessary for the promotion of the licensing objectives at their particular premises.

Opposed Applications

7.7 If a relevant representation is made, the Licensing Authority will have discretion to take such steps as are necessary to promote the licensing objectives. In exercising its discretion, it may where relevant take into account whether the applicant proposes to follow the best practice set out above.

7.8 As set out in section 11 of this Policy, the Licensing Authority recognises the need to avoid duplication with other regulatory regimes as far as possible, including avoiding replicating offences set out in the Act and other legislation. The Licensing Authority will, when considering an application following receipt of relevant representation, consider attaching conditions to licences and certificates intended to prevent public nuisance, and these may include conditions drawn from the Model Pool of Conditions relating to “Public Safety” and “Theatres, Cinemas, Concert Halls and similar places” (detailed within Annex D of the Guidance).

7.9 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.

7.10 When exercising its functions regarding premises licences and club premises certificates, the Licensing Authority will take into account (where relevant) applicants’ requests for terminal hours in the light of the licensing objectives and this 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.

7.11 The terminal hours will normally be approved where it is shown that the proposal would not adversely affect the issues listed in 7.10 above. The Licensing Authority 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.

8. PREVENTION OF PUBLIC NUISANCE

For how this Policy is to apply, please see section 5 (“Fundamental Principles”).

8.1 In considering the promotion of this licensing objective, the Licensing Authority will focus on impacts of the licensable activities at the specific premises on persons living and working (including doing business) in the vicinity that are disproportionate or unreasonable.

8.2 The Licensing Authority will mainly be concerned with noise nuisance, light pollution, noxious smells and litter.

8.3 Under the Act, “public nuisance” retains its broad common law meaning. The prevention of public nuisance could therefore include low-level nuisance perhaps affecting a few people living locally as well as major disturbance affecting the whole community. It may also include, in appropriate circumstances, the reduction of the living and working amenity and environment of ‘interested parties’ (as defined in the Act).

Best practice in the prevention of pubic nuisance

8.4 The Licensing Authority strongly encourages the implementation of best practice in licensed premises in the Borough in order to promote the prevention of pubic nuisance objective. Types of premises vary throughout the Borough, as do the types of licensable activities carried on at those premises, and therefore the steps necessary to promote this objective will vary by premises.

Operating Schedules

8.5 When preparing their operating schedules, applicants are encouraged to carry out a risk assessment of their premises by reference to the following items of best practice:-

8.5.1 Measures 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 (though these may add to the problem, especially if left on overnight), acoustic lobbies and sound limitation devices;

8.5.2 Measures prevent disturbance by patrons/customers arriving at or leaving the premises, particularly between the hours of 10.00 pm and 7.00 am;

8.5.3 Measures 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;

8.5.4 Measures to ensure that customers/patrons and staff leave the premises quietly;

8.5.5 Arrangements for parking by patrons/customers, and minimisation of the effect that parking will have on local residents and businesses;

8.5.6 Measures to reduce the impact that the use of gardens or other open air areas will have on local residents and businesses;

8.5.7 The siting of external lighting, including security lighting that is installed appropriately;

8.5.8 Accessibility to local public transport services, including taxis and private hire vehicles;

8.5.9 Measures to minimise the impact of refuse storage or disposal (including noise associated with bottle delivery and disposal), or additional litter (including fly posters and unauthorised placards) in the vicinity of the premises.

8.6 Applicants are expected to include the above items of best practice in their operating schedules, where relevant to the premises. Where they elect not to do so, they are strongly advised to include information explaining the omission. This might be because a risk assessment has shown that the step is unnecessary or because the item is already the subject of another consent, e.g. a planning permission or statutory obligation. If such information is not included, it is more likely that a relevant representation will be made, leading to the cost and delay of a hearing before a licensing sub-committee.

8.7 The steps volunteered in the operating schedule will become conditions of the licence or certificate, and therefore applicants should consider carefully the steps necessary for the promotion of the licensing objectives at their particular premises.

Opposed Applications

8.8 If a relevant representation is made, the Licensing Authority will have discretion to take such steps as are necessary to promote the licensing objectives. In exercising its discretion, it may where relevant take into account whether the applicant proposes to follow the best practice set out above.

8.9 As set out in section 11 of this Policy, the Licensing Authority recognises the need to avoid duplication with other regulatory regimes as far as possible, including avoiding replicating offences set out in the Act and other legislation. The Licensing Authority will, when considering an application following receipt of relevant representation, consider attaching conditions to licences and certificates intended to prevent public nuisance, and these may include conditions drawn from the Model Pool of Conditions relating to the Prevention of Public Nuisance (detailed within Annex D of the Guidance).

8.10 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.

8.11 If the applicant has previously held a licence within the Borough, the history of any enforcement or any relevant action arising from the previously licensed premises (e.g. a noise abatement notice) may be requested by the Licensing Authority, where relevant, should relevant representations be received in respect of the application.

8.12 Similarly, the enforcement history of the premises the subject of the application may also be requested from the appropriate responsible authority where considered relevant, and then only where relevant representations are received in respect of the application.

9. PROTECTION OF CHILDREN FROM HARM

For how this Policy is to apply, please see section 5 (“Fundamental Principles”).

9.1 The protection of children from harm includes the protection of children 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, for example, in the context of film exhibitions or where adult entertainment is provided.

9.2 However, in the context of many licensed premises such as pubs, restaurants, café bars and hotels, the Licensing Authority recognises that the development of family-friendly environments should not be frustrated by overly restrictive measures in relation to children.

9.3 The Licensing Authority recognises that the admission of children to premises holding a premises licence or club premises certificate should normally be freely allowed without restricting conditions unless the Act itself imposes such a restriction or there are good reasons to restrict entry or to exclude children completely. The Licensing Authority will focus on enforcing the law concerning the consumption of alcohol by minors.

Access to Licensed Premises

9.4 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

9.5 The Licensing Authority will consider the individual merits of each application, and then only when an application attracts relevant representations, 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.

9.6 Where relevant representations are received in respect of an application, the Licensing Authority may consider the following additional measures (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 or 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.

9.7 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 Licensing Authority.

9.8 Applicants for premises licences and club premises certificates must send copies of their applications to the Surrey Safeguarding Children Unit (see list at Annex 1) on any application that indicates that there may be concern over access for children.

Illegal sales of restricted goods

9.9 The Licensing Authority 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 the Licensing Authority. This work will continue and the Licensing Authority will welcome reports from the Trading Standards Department on any licensing matter. The Licensing Authority has particular regard to addressing problems caused by the link between alcohol sales to minors and crime and disorder issues.

Best practice in the protection of children from harm

9.10 The Licensing Authority strongly encourages the implementation of best practice in licensed premises in the Borough in order to promote the protection of children from harm objective. Types of premises vary throughout the Borough, as do the types of licensable activities carried on at those premises, and therefore the steps necessary to promote this objective will vary by premises.

Operating Schedules

9.11 When preparing their operating schedules, applicants are encouraged to carry out a risk assessment of their premises by reference to the following items of best practice:-

9.11.1 Staff training on the law with regard to restricted sales;

9.11.2 Training records and documentation to be kept available for inspection;
9.11.7 Vending machines dispensing age-restricted goods to be positioned to allow for proper supervision at all times;

9.11.8 Arrangements for restricting children from viewing age-restricted films, classified according to the recommendations of the British Board of Film Classification (BBFC) or the Licensing Authority.;

9.11.9 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 following are considered best practice arrangements in order to control their access and egress and to assure their safety:-

ˇ 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.

ˇ A “Lost Child” policy which identifies arrangements for the safe care of lost children until they are reunited with the parent/guardian.

ˇ A staff-to-children ratio which will ensure adequate supervision.

9.12 Applicants are expected to include the above items of best practice in their operating schedules, where relevant to the premises. Where they elect not to do so, they are strongly advised to include information explaining the omission. This might be because a risk assessment has shown that the step is unnecessary or because the item is already the subject of another consent, e.g. a planning permission or statutory obligation. If such information is not included, it is more likely that a relevant representation will be made, leading to the cost and delay of a hearing before a licensing sub-committee.

9.13 The steps volunteered in the operating schedule will become conditions of the licence or certificate, and therefore applicants should consider carefully the steps necessary for the promotion of the licensing objectives at their particular premises.


Opposed Applications

9.14 If a relevant representation is made, the Licensing Authority will have discretion to take such steps as are necessary to promote the licensing objectives. In exercising its discretion, it may where relevant take into account whether the applicant proposes to follow the best practice set out above.

9.15 As set out in section 11 of this Policy, the Licensing Authority recognises the need to avoid duplication with other regulatory regimes as far as possible, including avoiding replicating offences set out in the Act and other legislation. The Licensing Authority will, when considering an application following receipt of relevant representation, consider attaching conditions to licences and certificates intended to protect children from harm, and these may include conditions drawn from the Model Pool of Conditions relating to the Protection of Children from Harm (detailed within Annex D of the Guidance).

9.16 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.

10. LICENSING HOURS

10.1 The Act does not promote or prohibit longer licensing hours. However, the Licensing Authority recognises that the Guidance emphasises that the aim through the promotion of the licensing objectives should be to reduce the potential for concentrations of, and a slower dispersal of, people from licensed premises through flexible opening times. 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 Licensing Authority will not set fixed opening hours within certain areas, as this may lead at particular times to the movement of significant numbers of people seeking premises opening later, resulting in concentrations of disturbance and noise.
10.2 The Licensing Authority may consider imposing stricter 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, and the Licensing Authority would only have discretion to consider attaching such conditions where a relevant representation is received in respect of an application, and then only where considered necessary for the promotion of the licensing objectives.

SHOPS, STORES AND SUPERMARKETS

10.3 The Licensing Authority 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 Licensing Authority may consider whether there are very good reasons for restricting those hours. For example, a limitation of opening hours may be appropriate following relevant representations from the Police in the case of shops known to be the focus of disorder and disturbance because people gather there and engage in nuisance and/or anti-social behaviour.

11. INTEGRATING STRATEGIES AND AVOIDING DUPLICATION

11.1 The Licensing Authority recognises the need to avoid duplication with other regulatory regimes as far as possible. This 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 Licensing Authority 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 Licensing Authority 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.

Planning

11.3 The Licensing Authority 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 Management Committees (or their successor 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 Licensing Authority 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 has set up multi-disciplinary working groups to ensure the proper integration of local crime prevention, (e.g. Town Centre Disorder Group, Coordination and Delivery Group) and will consider setting up groups on planning, transport, tourism and cultural strategies.

Crime Prevention

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.

Cultural Strategies

11.8 The Licensing Authority will monitor the impact of licensing on regulated entertainment particularly live music, dance and theatre. The Licensing Authority aims to support the development of Cultural Services.

11.9 Specific reference is made within Waverley’s Cultural Strategy to support for the development of arts centres, including provision of live music, dance 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.

11.10 As part of implementing the Cultural Strategy, the Licensing Authority 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.

Sports

11.11 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.

Transport

11.12 Where necessary, the Licensing Authority 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

11.13 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.

11.14 The Licensing Authority 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)

12. ENFORCEMENT

12.1 The Licensing Authority has established a protocol with Surrey Police on the enforcement of licensing law. This provides for the efficient deployment of Police and Licensing Authority Officers engaged in enforcing licensing law and inspecting licensed premises, in order to ensure that resources are targeted at problem and high-risk premises. The Licensing Enforcement Protocol is to be placed on Waverley Borough Council’s website.

12.2 The Licensing Authority has also adopted a corporate Enforcement Policy and Concordat, based on the principles of consistency, transparency and proportionality set out in the Department of Trade and Industry’s Enforcement Concordat. This ensures that any enforcement action taken is proportionate and reflects the risk posed to the promotion of the licensing objectives, and that it is carried out in a fair and consistent manner, including prosecution where appropriate.

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. APPEALS

13.1 Applicants and those making representations in respect of applications and reviews to the Licensing Authority have a right of appeal to the Magistrates’ Court against the Authority’s decisions. Further information on how to appeal can be obtained by contacting the Guildford Magistrates’ Court, The Law Courts, Mary Road, Guidford, Surrey GU1 4PS. Tel: 01483 405300.

14. FURTHER INFORMATION

14.1 If you need more details about the licensing process or making an application please contact the Licensing Section, Waverley Borough Council, The Burys, Godalming, Surrey, GU7 1HR. Tel: 01483 523225

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Annexe 1

RESPONSIBLE AUTHORITIES

(a) Police Authority
(b) Fire Authority Tel: 01483 517277

(c) Trading Standards
Chief Trading Standards Officer, Trading Standards, Bay Tree Avenue, Kingston Road, Leatherhead, Surrey KT22 7SY
Tel: 01372 371700

(d) Health and Safety at Work
Director of Environment and Leisure, Waverley Borough Council, The Burys,
Godalming, Surrey, GU7 1HR.
Tel: 01483 523333

(e) Local Planning Authority
Director of Planning and Development, Waverley Borough Council, The Burys,
Godalming, Surrey, GU7 1HR.
Tel: 014873 523333

(f) Local Authority – Prevention of Pollution (to environment or harm to human health)
Director of Environment and Leisure, Waverley Borough Council, The Burys,
Godalming, Surrey, GU7 1HR.
Tel: 01483 523333

(g) Protection of Children from Harm (h) Licensing Authority
(Other than the relevant licensing authority) in whose area part of the premises is situated
To be advised on individual cases

(i) Navigation Authority (in relation to a vessel)
Navigation Manager, National Trust, River Wey Navigations, Dapdune
Wharf, Wharf Road, Guildford, Surrey, GU1 4RR.
Tel: 01483 561389

Annexe 2

OTHER USEFUL SOURCES OF INFORMATION

A. The Licensing Act 2003 can be viewed on the web site of Her Majesty’s Stationery Office at www.hmso.gov.uk/acts /acts2003/20030017.htm

B. The Licensing Act, together with the Guidance for the Act and Regulations and Fees, can be viewed at the Department of Culture, Media and Sport web site on www.dcms.gov.uk/alcoholandentertainment

C. The Government’s Alcohol Harm Reduction Strategy can be viewed on www.strategy.gov.uk

D. The Licensing Authority’s latest Licensing information can be found on its own web site at www.waverley.gov/licensing

E. www.ias.org.uk (the website of the Institute of Alcohol Studies)

F. Registration and training of doorstaff from 2005 will be the responsibility of the Security Industry Authority. Information can be obtained from www.the-sia.org or telephone 08702 430100.

G The British Institute of Innkeeping (BII) is a trainer and an awarding body for the appropriate qualifications. It can be contacted on WWW.B11.org or 01276 684449.

H. Surrey Safeguarding Children Board. Information can be obtained from www.surreycafis.org.uk/safeguarding

I. Surrey Alcohol and Drug Advisory Service. Information can be found at www.sadas.org.uk



ANNEXE 3
TABLE OF DELEGATIONS OF LICENSING FUNCTIONS
Approved by the Council 20th July 2004
MATTER TO BE DEALT WITHFULL COMMITTEESUB-COMMITTEE
(3 MEMBERS)
Authorised OFFICERS
Application for personal licenceIf an objection madeIf no objection made
Application for personal licence with unspent convictionsAll Cases
Application for premises licence/club premises CertificateIf a representation madeIf no representation made
Application for provisional statementIf a representation madeIf no representation made
Application to vary premises licence/club registration certificateIf a representation madeIf no representation made
Application to vary designated personal licence holderIf a police objectionAll other cases
Request to be removed as designated personal licence holderAll cases
Application for transfer of premises licenceIf a police objectionAll other cases
Application for Interim AuthoritiesIf a police objectionAll other cases
Application to review premises licence/club premises RegistrationAll cases
Decision on whether a complaint is irrelevant, frivolous, vexations, etc.All cases
Decision to object when local authority is a consultee and not the lead authorityAll cases
Determination of a police representation to a temporary event noticesAll cases
comms/council/045 Statement of Licensing Policy