Respondent	Comments	Appraisal	Response
1	Security Industry Authority (SIA)	“Door Supervisors Whenever security operative are employed at licensed premises to carry out any security function they must be licensed by the Security Industry Authority (SIA). Competent and professional door supervisors are key to public safety at licensed premises and the provision of door supervisors is an action point for the leisure industry to consider in the Home Office Alcohol Harm Reduction Strategy. If a licensee directly employs security operatives he/she will need to be licensed by the SIA as a supervisor/manager. Local Authority licensing officers may look more favourably on licence applications which demonstrate that licensees have considered: · Recruiting SIA licensed door supervision staff from a reputable company with SIA Approved Contractor Status · What measures will be taken and what procedures are in place for licensees to check the SIA register of licensed door supervisors to ensure their premises and customers are only protected by door supervisors with an SIA licence”	The Government states that Licensing Authorities must not duplicate existing legislation. It will be included in the guidance document	SIA have been informed that the Licensing Authority cannot duplicate existing legislation but the information will be included in guidance issued to applicants
2	Chartered Institute of Environmental Health	We acknowledge receipt of your draft licensing policy but regret that we will not be able to provide comments.	Noted	Acknowledged
3	Ventnor Town Council	The Town Council have no adverse comments to make on the contents of the Policy Statement. We welcome the establishment of a licensing forum to meet on a regular basis and that there will be consultations with parish and town councils.	Noted	Acknowledged
4	Gurnard Parish Council	Gurnard Parish Council fully endorses the 4 main objectives of the statement of licensing policy 2004 – 2007, and comments that the policy appears very comprehensive.	Noted	Acknowledged
5	Divisional Officer A Southcott – Senior Fire Safety Officer	Section 3.2 An additional bullet point should be added to the list, to read: · The Fire Authority’s Integrated Risk Management Plan Section 3.9 An additional bullet point should be added to the list, to read: · Fire Regulations Section 7.1 This section should read: …”…The Council will establish protocols with the local Police and Fire Service, on enforcement issues. This will enable…”… Public Safety Please find attached my preferred wording for this Section. PUBLIC SAFETY 8.11 When writing the operating schedule due regard should be taken of the requirements of relevant legislation to secure adequate public safety. In particular that prescribed in the; ‘Health and Safety at Work, Management of Health and Safety at Work Regulations, and The Fire Regulations’. 8.12 To clearly demonstrate to the Council and other responsible authorities that adequate provision has been made, the following is to be included with the Operating Schedule: · The date when the last health and safety and the specific fire safety risk assessments of the premises were carried, along with any identified significant findings. · A summary of any proposed changes or improvements to remedy the significant findings, with the date of their implementation. · Details of the occupancy numbers to be permitted in the premises, and the management arrangements to ensure they are not exceeded. · A copy of the emergency plan. · A single line scaled plan or architect drawing, showing the general layout of the premises, fire safety provisions, including escape routes from the premises to a place of ultimate safety with any significant features. · Supporting evidence demonstrating adequate maintenance of fire safety provisions and systems, e.g. current servicing certificates. 8.13 The operating schedule will become conditions of a licence/certificate, and as such, any breach of these conditions may give rise to prosecution. 8.14 The Council will expect effective arrangements to secure adequate public safety at all times. Applicants, when preparing the operating schedule are to take into account the areas listed below and any others, which are identified from either of the health and safety and the specific fire safety risk assessments of the premises, completed by a competent person. · Adequate provision for the safety of persons with special needs. · Adequate provision of safe ingress and egress to the premises at all times when in use. · Safe occupancy levels to be determined and suitable arrangements to ensure they are not exceeded. · Adequate means of escape in case of fire. · Adequate provision for firefighting. · Adequate levels of both normal and emergency lighting. · Suitable and adequate fire and safety notices. · Adequate levels of ventilation. · Adequate provision for summoning the emergency services. · Suitable levels of non combustible or flame retarded finishes for the premises construction, wall and ceiling coverings, drapes and contents. · Adequate arrangements for the maintenance of safety equipment, and systems. · Adequate levels of training to staff members. · Suitable access for emergency vehicles. · Adequate safety for indoor Sports Entertainment. · Adequate numbers of attendants and marshals. · Adequate arrangements for the safe use and storage of equipment, used for special effects.	As 1 above	As 1 above
6	Brian Oxford – Licensing Consultant	1. Paragraph 4.5 states that the Council may draw up a pool of conditions. Is such a pool being considered and will a similar consultation take place on such conditions? 2. Paragraph 8.7 why the different wording ‘take all reasonable steps to prevent the entry of drugs…’ ‘Licensee must take appropriate steps to prevent drugs being supplied within the premises’? 3. Paragraphs 8.11 and 8.12. as explained in paragraph 3.9 premises must comply with other relevant legislation. Why is it necessary to go into great detail on the operating schedule about how that legislation will be complied. Surely if the legislation is not complied with there is sanction under the primary legislation. As the operating schedule becomes a condition on the licence this will lead to double jeopardy in contravening the primary legislation and breaching a condition of the premises licence. In addition as it is a condition of the premises licence, if there is any change in the other legislation changes will have to be made in the operating schedule which will require an application for variation of the premises licence with all that that involves. 4. Paragraph 8.19, again this appears to be over prescriptive. If licensed premises have operated for a number of years without causing disturbance to local residents it is unnecessary to set up these systems. If there are any future problems with noise disturbance conditions could be imposed to address those problems, but surely it is wrong to impose these conditions without a problem being established. 5. Paragraph 8.28 the requirement to have supervision level of 1:10 at ‘children’s discos’ will lead to the end of such events and particularly the social events organised for EF students. There is no definition of children’s disco but I assume it is one attended only by persons under the age of 18. 6. In conclusion the 2003 act makes it much easier to review the operation of premises and impose additional conditions or suspend the licence as well as the major decision to revoke the licence which is the only sanction under the present legislation. Having regard to this I would suggest that very few conditions should be imposed until it is shown that particular additional conditions are required to address a particular problem with an individual premise. It would be helpful if the policy contained details of the names and addresses of various parties that applicants should serve with their applications. Certainly I do not know where the Crime and Disorder partnership is based, or any body recognised by the Council that represents…Protection of children from harm.	The pool of conditions the Licensing Authority will draw from are in Government Guidance Two different offences 8.11 – amended 8.12 – noted Amended The supervision requirement ratio of 1 adult to 10 children only relates to entertainment where children are performing. Paragraph 7.19 of the DCMS guidance covers this point which is reflected in paragraphs 1.3 and 1.5 of the policy Will be detailed in the guidance to assist applicants	Notified As above As Above As above As Above As above As above
7	Royal Society for the Prevention of Cruelty to Animals (RSPCA)	I write as part of the consultation process on your Council’s draft Licensing Policy as required by the Licensing Act 2003. Please accept my apologies if the consultation period has already expired. I am writing to advise you that the RSPCA’s view is that circuses fall within the definition of regulated entertainment as defined within the Act. “Regulated entertainment” includes the performance of dance and music (live or recorded) and any entertainment of a similar description. Music and dancing are likely to be main attractions in a circus’ programme. The other criteria for the entertainment to be licensable: a) the entertainment must be provided to members of the public or if not, in return for payment and with a view to make a profit, and b) the premises must be made available for the purpose of enabling the entertainment to take place, would also be met by circuses. The RSPCA therefore advises that all circuses should be required to apply for a premises or a temporary event notice to hold an event in your area. I would remind you that the RSPCA has campaigned for many years against the use of animals in circuses. The RSPCA has campaigned for many years against the use of animals in circuses. The RSPCA has campaigned for many years against the use of animals in circuses. The RSPCA believes that the current legislation is inadequate to ensure the welfare of circus animals with no legally enforceable standards of housing, care or training. The RSPCA actively encourages authorities to refuse permission for circuses to use their land. This is not ultra vires and can be achieved if the proper procedure is followed. The purpose for urging councils to ban circuses is to demonstrate to circuses that they are not welcome in the area and that local people do not want to see animals used in this way. Please find attached the guidance we give to local authorities (that takes into account the effect of R v Somerset County Council ex parte Fewlings and Others). This sets out the procedures we recommend to authorities who wish to ban circuses on their own land. The effect of the Court of Appeal’s decision is that a council can ban animal circuses on its land as long as the council considers each site individually (there is nothing to prevent a council from considering all the sites individually at the same time). Councillors must approach the issue objectively and in the context of land management – i.e. traffic, site characteristics. A council cannot make a decision on moral grounds alone, but it can seek the views of local residents on animal circuses.	Noted This Council already bans circuses on Council owned land	Notified
8	Cowes Town Council	The Town Council were very concerned to be given little more than two weeks as a consultation period for a very important and lengthy licensing policy particularly bearing in mind the IW Council have been aware of changes for many months. Can you please explain the sudden urgency and the need for comments on the policies by 1 November. The Town Council have not met as a body since receipt of the document but have asked Councillor Wardrop to study it and respond on their behalf. Will you therefore consider the enclosed comments from Councillor Wardrop as being the comments of the Town Council.	Noted	Explained Government and Local Authority’s time scale and reasons
9	Wendy Wardrop – Cowes Town Councillor	1.3 Better balance should be struck between locals engaged in normal activity, especially all the service providers and those given longer licensing hours giving rise to lengthy night noise – ie Cowes Week and other yachting events. Most traders do not want 2 weeks instead of the one – they are totally exhausted after one week/10 days hard work with sleepless nights! 1.3 Although this clause disclaims any individual nuisance/anti-social behaviour once away from licensed premises, it is often caused by licensed lengthy alcohol intake permitted at various yachting events. 3.1 …”The absence of cultural provision in an area can itself lead to young people being diverted into anti-social behaviour”. The lack of this in Cowes during c. 9 months of ‘winter’ is far less than that and sometimes extreme noise resulting from any licensed live music and very long drinking hours permitted during just the 3 summer months! 3.5 About time a licensing forum came into being, particularly regarding open meetings for local community views. A vast number of Cowes residents believe they have no rights at all when yachting events appear to take place with little regard for their normal (working) lives continuing – more and more move out of Cowes altogether especially for Cowes Week without even letting their houses. 3.9/10 “Environmental Protection” – I cannot see that probably the most serious inconvenience locally of noise abatement could “…impose indirect and disproportionate costs” to those providing live music. I cannot see why this “cultural” provision should be so excessive as to include most nearby residential areas. One Yacht Haven manager a few years ago was heard during a TV Cowes Week documentary telling the band to play louder (so drinkers had to shout more) to increase drink purchases (to soothe the sore shouting voices)!! As in 3.1 above, many sleepless residents are up very early to cater for all visitors/yachtsmen. 5.2/3 Serious problems of nuisance and disorder do result from the very density of adding further large licensed areas to the already very many pubs, clubs and restaurants in Cowes itself. Extras are the Yacht Haven, Boatshed nightclub, Shepards Wharf, Trinity Theatre during Cowes Week and all the tented village on the Parade including yet further unnecessary drinking venues. 5.11 It is interesting to note the police have powers to close down premises with excessive noise – excessive noise certainly occurred the first evening of the September Little Britain event. 8.13/14 The ensuring of personal and public amenity are maintained appears in contradiction to 3.1 as to no responsibility for occurrences away from licensed premises. 8.15/16/17/18 & 19 It is hoped more effective noise control will result from this. Attendance of noise control monitors is not always readily available and appears to be only Thursdays – Sundays. 8.20 Again it is hoped more effective anti-social behaviour steps will be in place for post 2300 hrs opening, although a high level of public transport accessibility does not appear to be in place. Local taxis as a substitute does not work as I know from several locally they refuse to pick up after hours from Shepards Wharf and often from other late night turn out as the behaviour is too anti social.	Insufficient evidence Now 1.4 Insufficient evidence Not relevant Now 3.6 No evidence at present Lack of evidence No evidence available Comment only – no evidence Entirely different No substantive evidence supplied Not substantiated by evidence	Notified
10	Nettlestone and Seaview Parish Council	The draft statement of licensing policy 2004 – 2007 was discussed by the Parish Council last Monday and I am instructed to comment briefly as follows: The document is considered to be easy to understand with a common sense approach to this new responsibility. The list of consultees appears comprehensive and Members are satisfied that the Council will continue to be notified of applications within our area, also local organisations and residents who might be affected.	Noted	Acknowledged
11	Wootton Bridge Parish Council	The Parish Council would like to submit the following comments: That item 3.4 of the Isle of Wight Council Statement of Licensing Policy 2004 – 2007 should be altered to read ‘Neighbouring Authorities and Town/Parish Councils will also be consulted WHERE PREMISES ARE IN THEIR AREA’.	Town and Parish Councils already contacted	Acknowledged
12	Andy Morris Transport Manager	Thank you for the opportunity to comment. I do not however wish to add comment at this time.	Noted
13	Sean Newton – Wight Leisure	Wight Leisure’s comments on the policy are as follows: · Premises licences – this refers to late night refreshment, is this 23.00 to 05.00 as detailed in section 2.2? If so it would be useful for section 2.2 to clarify that. If not what are the times? · Club premises certificates – does this need a reference to memberships? · Temporary event notices – is the figure of 500 correct? If so what happens to events with between 500 and 5000? - refers to use of premises, does this include outdoor events, i.e. Cowes Week Parade Village? · Personal licences – are there requirements for a licence holder, if so what are they? - can a personal licence be extended to include event organisers? · Section 7.1 – whilst I understand that well run premises will only be visited ‘when and if they are judged necessary’ should there be a minimum inspection frequency to avoid complacency? Other general points arising from the draft policy are: · How will the process work for an event such as Cowes Week Parade village which has entertainment, a bar, retail units and food stalls? Will individual applications be required from each element and each trader? · What are the timescales for submitting applications and will guidance notes be issued? · Are the costs decided yet or will these be formulated after the approval of the policy, as you will appreciate any significant changes will have an effect on event budgets.	Already in legislation not Policy Already mentioned in legislation Regulated legislation It does Yes see Act No Legislation does not permit	Written response given Written response given as not a Policy matter
14	Graham Pearce Vice Chairman Isle of Wight Branch	I have just read through the draft report and would like to point out that the Federation of Small Businesses has an equal number of members as the Chamber of Commerce, (prior to the extension into tourism) many of whom are in the licensed or entertainment businesses. In view of this I feel that the FSB should be included in your consulted groups.	Sent as requested	Acknowledged
15	Godshill Parish Council	Godshill Parish Council does not feel sufficiently qualified to comment on the proposals of the IW Council Statement of Licensing Policy and Enforcement Policy as they stand – as it is not felt to effect the Parish Council directly.	Noted	Acknowledged
16	Association of Licensed Multiple Retailers (ALMR)	The draft policy is clear and well-balanced. However, separate, more detailed guidance should be provided in relation to application processes. The document should stress that the applicant should consider issues to be addressed in operating schedule, rather than becoming a ‘checklist’ and in effect, standard conditions. Throughout the document the term ‘Council’ is used instead of ‘Licensing Authority’. The latter is more appropriate. Licensing Objectives – list of these could be concluded with reminder that these are the only matters that can be taken into account in determining application. 1.3 Should include info on scale and scope of licensed retail trade as general background. Introduction – Include reference to exemption for incidental music. Integration of Strategies – No legal basis for insisting that planning consent be sought before licensing app.can be submitted, nor that, in absence of planning, that licensing authority can refuse to determine. This is challengeable and should be removed. Approach to Licensing Decisions – Licensing Authority only able to consider imposing conditions if relevant representation has been made. LA cannot impose conditions on own initiative. If reps not received, app must be granted on terms sought without additional conditions. Representations, Reviews and Appeals – Include necessary evidence, i.e. relevant, not vexatious, frivolous or repetitious. Operating Schedule – policy should make clear that no operating schedule required for conversion of existing licence where no variation made. Public Safety – concern over capacity being included in op.schedules. Could lead to blanket occupancy limit being imposed. Such std.conditions prohibited under the Act. Should be judged by Fire Authority on individual basis. No legal requirement for written risk assessments. Documentation to accompany application will be set by Regulation, not Council. Public Nuisance – Policy should make clear that stricter conditions on opening hours can only be imposed where a relevant representation made. Children – Policy should make clear that ‘gambling’ relates to substantial gambling operations and not to small numbers of AWP machines in pubs. Policy does not need to categorise all premises primarily for supply of alcohol as of greater risk. This is a grey area and many family friendly outlets may fall within it. Omissions – Final policy document should expand on details of how LA will deal with applications for personal licences, provisional statements, TENs, transitional regime and gaming permits. Final policy document should also include general info on licensed retail trade.	Will be included in guidance Amended Will be in guidance Not necessary in Policy Will be in guidance 3.7 now amended Not entirely correct see 7.4 of the DCMS Guidance. Licensing Authority has a duty to grant the licence subject only to conditions that are consistent with the operating schedule Amended Legislation not Policy Operating Schedule required to address these points Not necessary Under 18 year olds should be accompanied in licensed premises Will be in guidance Not required	Acknowledged
17	Hannah Birks Rural Arts Officer Arts Unit Guildhall Newport	I have been forwarded the draft licensing policy to comment upon as requested. My work involves licensing village halls and community venues (including schools) for temporary licences for arts performances (eg plays, puppet shows, small concerts, comedy etc). the rural touring scheme I manage is dependant on this process. There is no direct reference to these licences in the document as I can see and so assume that there is no change to the current procedures and requirements? Point 3.1 states that: The Council recognises that as part of implementing any cultural strategy it must encourage and promote live music, dancing and theatre for the wider cultural benefit of the community. The absence of cultural provision in an area can itself lead to young people being diverted into anti-social behaviour. With this in mind I hope that our departments can continue to work together to help the Arts Away amateur promoters licence their events as efficiently and as simply as possible, with information being relayed in accessible language. By the way at a recent seminar on licensing for Rural Touring I was informed that Churches are to be exempt from licensing requirements for such events, can you confirm for me if this is true please?	Any information on this type of licence will be in guidance No direct reference to the rural touring scheme Complimented both departments on our existing arrangements	Acknowledged