APPENDIX 1
ISLE OF WIGHT COUNCIL
LICENSING ACT 2003
SECTION 5
Licensing Authority
Statement of Licensing Policy
2004 - 2007
CONTENTS
|
|
Page No |
|
1. LICENSING OBJECTIVES |
3 |
|
2. INTRODUCTION |
4 |
|
3. INTEGRATION
OF STRATEGIES AND OTHER LEGISLATION |
7 |
|
4. APPROACH
TO LICENSING APPLICATIONS |
9 |
|
5. CUMULATIVE
EFFECT |
10 |
|
6.
REPRESENTATIONS, REVIEWS AND
APPEALS |
13 |
|
7.
ENFORCEMENT |
14 |
|
8. OPERATING
SCHEDULES v Crime and Disorder v Public Safety v Prevention of Public Nuisance v Protection of Children from Harm |
14 15 16 16 18 |
|
APPENDIX A Schedule of Delegations |
21 |
|
APPENDIX B List of Consultees |
22 |
This
document sets out the Isle of Wight Councils Licensing
Authoritys
policy, for the next three years, commencing on 7 February 2005, in respect of
its licensing functions for the sale of alcohol, provision of regulated entertainment and the provision of late
night refreshment. During this three year period the Policy will be kept under review.
Where any amendments are considered necessary, these will only be made after
consultation has taken place in accordance with Section 5(3) of the Act. Proper
weight shall be given to the views of all those consulted. A list of consultees
is reproduced at Appendix B. Further licensing statements will be published
every three years thereafter. This Statement of Licensing Policy has been
prepared in accordance with the provisions of the Licensing Act 2003 and the
Guidance issued under Section 182 of the Act.
1 LICENSING
OBJECTIVES
1.1 When
dealing with licensing matters the Licensing Authority
will promote and have regard to the four licensing objectives set out in the
Act. These are:
v
The prevention
of crime and disorder;
v
Public
safety;
v
The
prevention of public nuisance; and
v The
protection of children from harm.
1.2 The Licensing Authority
recognises that the best means of promoting the licensing objectives is through
the co-operation and partnership of local authorities, the police, local
business, performers, local people and those involved in child protection. In respect of each
of the four licensing objectives, applicants will need to provide evidence to
the Licensing Authority that suitable and sufficient measures, as detailed in
their operating schedule (see Section 8 below), will be implemented and
maintained, relevant to the nature and mode of operation of their premises and
events. Reference will need to be made to whether additional measures will be
taken on an occasional or specific basis such as when a special event or
promotion is planned, which is intended to, or likely to attract, larger
audiences. Applicants for premises involved in the provision of intoxicating
liquor will be expected to co-operate with the relevant authorities in
achieving the aims of the Government's Alcohol Harm Reduction
Strategy.
1.3 The Licensing
Authority recognises that licensed activities are an important part in
the cultural life of our community. In
regulating activities under this legislation it acknowledges that a balance
must be struck between the legitimate objectives of applicants and the desires
of the population as a whole, and in particular those members of the public
living, working or engaged in normal activity in the area concerned. A balance must be struck between these,
often conflicting, positions and all views will be taken into account when
making licensing decisions or determining a course of action.
1.4 Licensing law is not the primary mechanism
for the control of nuisance and anti-social behaviour by individuals once they
are away from that premises. This is beyond the direct control of the
individual, business or club holding the licence or certificate concerned. However, the council appreciate that
licensing has a key role to play as part of a co-ordinated approach by
organisations with an interest in the management of evening and night time
economies.
1.5 Licensing is
about the appropriate control of licensed premises, qualifying clubs, temporary
events and the people who manage them or hold personal licences within the
terms of the 2003 Act. Where valid representations are made, the Licensing
Authority will make objective judgements as to whether conditions need to be
attached to a licence, certificate or permission to secure achievement of the
licensing objectives. Accordingly,
any decision taken by the Licensing Authority
or any conditions attached to the premises licence/certificate will centre on
promoting the licensing objectives at the premises being used for licensable
activities and within the vicinity of those premises. Whether or not an incident can be regarded as being in the
vicinity of licensed premises will depend on the particular circumstances of
the case.
2 INTRODUCTION
2.1 The
Isle of Wight has many and varied licensed premises. The Licensing Authority recognises that these premises
play a vital part in the cultural identity of the Island and are main
contributors to local economy. They attract tourists and visitors and make for
vibrant towns and communities, while at the same time providing employment.
2.2
The Licensing Authority constitutes the Isle of Wight Councils
Licensing Committee, its Sub Committees and the Licensing Section of the
Environmental Health Department as specified under the Licensing Act 2003 (the "Act")
and is responsible for considering all applications for licensable activities,
as defined in Section 1 of the Act. Licensable activities, include:
Retail
sale of alcohol
Supply of
hot food or drink from premises between 2300 and 0500hrs
Supply of
alcohol to club members
Provision
of entertainment listed below (known as "regulated entertainment") to
the public or club members or with a view to profit:
o
Film
exhibitions
o
Performances
of a play
o
Indoor
sporting events
o
Boxing or
wrestling entertainment
o
Live
music performances
o
Playing
of recorded music
o
Dance
performances
o
Provision
of facilities for making music
o
Provision
of facilities for dancing
2.3 The purpose
of licensing is to regulate the carrying on of licensable activities on
licensed premises, by qualifying clubs and at temporary events. There are a number of exceptions and details
of these are set out in Sections 173 to 175 of the Act. Definitions of the licensed premises, clubs,
temporary events notices personal licences are:
Premises Licences
i.e. A
premises where one or more of the following takes place:
The retail sale of alcohol
The provision of regulated entertainment
The provision of late night refreshment
Club Premises Certificates
i.e. A club
premises is a premises which is occupied by and habitually used for the
purposes of a club which has met the criteria to become a qualifying club.
Temporary Event Notices
i.e. Use of
premises for licensable activities for:
a period of less than 96 hours, and for
fewer than 500 persons
Where
there are reasonable grounds for believing that there will be more than 5,000
people present at any time, an application under the Isle of Wight Act 1990
will have to be made not less than four months before the holding of the
assembly.
Personal Licences
i.e. a
licence which authorises an individual to supply alcohol, or authorise the
supply of alcohol
Designated Premises Supervisors
The Licensing
Authority considers that the sale and supply of alcohol carries with it
greater responsibility than that for the other licensable activities, and to
ensure that there will always be a specified person identifiable with a
licensed premises, will require that one Personal Licence holder is designated
a Designated Premises Supervisor (DPS) for each Premises Licence.
An application for designation of a Premises
Supervisor must be accompanied by a form showing that he or she consents to
taking on this role. The Licensing Authority will amend the Premises Licence
with the details of the Premises Supervisor.
The local Chief Officer of Police should be notified by the applicant
and will be able to object where they believe the appointment would undermine
the crime-prevention objective.
3 INTEGRATION OF STRATEGIES AND OTHER
LEGISLATION
3.1
The Licensing Authority 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.
3.2
The
successful delivery of the licensing objectives will depend upon, among other
things, successful integration with other local strategies, such as:
The
Isle of Wights Community Strategy
Local
crime prevention
Planning
Transport
Local
economy and tourism
Race
equality schemes
Cultural
strategies
The Fire Authoritys Integrated Risk Management Plan
3.3
The Race Relations Act 1976, as amended, places a
legal obligation on public authorities to have due regard to the need to
eliminate unlawful discrimination; and to promote equality of opportunity and
good relations between persons of different racial groups. It is a requirement
of the above Act that the Isle of Wight Council produces a Race Equality
Scheme. In terms of the scheme the Council must assess and consult on the
likely impact of proposed policies on race equality, monitor policies for any
adverse impact on the promotion of race equality, and publish the results of
such consultations, assessments and monitoring.
3.4 The Licensing Authority will ensure that it takes into
account the views of other stakeholders who are involved, directly or
indirectly in the promotion of the licensing objectives.
3.5
The Licensing Authority will work closely with the police
on issues of enforcement. Conditions attached to premises licences and club
premises certificates will reflect local Crime,
Disorder and Drugs Strategy. Neighbouring authorities and town/parish
councils will also be consulted where appropriate.
3.6
A
licensing forum will be established bringing together all interested parties on
a regular basis to monitor developments on the Island. Where problems have
arisen these will be discussed and solutions proposed. We will also hold
regular open meetings at which the local community can express how well it
feels the licensing objectives are being met.
3.7
Prior to
submitting an application to the Licensing Authority the applicant should
note that whilst the Licensing Authority may grant an
extension to operating hours the responsibility lies with the applicant to ensure
that any necessary planning consents are subsequently obtained for the hours
and activities for which the application is being made.
3.8
The Licensing Authority recognises that there should be a
clear separation of the planning and licensing systems and licensing
applications will be viewed independently of planning applications. To achieve
this, close liaison will be maintained between the Licensing
Committee (LC) and the Development Control Committee (DCC). Licensing
applications will not be a re-run of the planning application and will not cut
across decisions taken by the DCC or following appeals against decisions made
by that Committee. Where appropriate, the LC
will provide reports to the DCC on the situation regarding licensed premises in
the area including the general impact of alcohol-related crime and disorder.
3.9
The Licensing Authority will seek to avoid duplication
with other regulatory regimes as far as possible. However, if other legislation
does not cover the unique situations that may arise then additional controls
may be imposed to secure the licensing objectives.
3.10
Premises
must also comply with all other relevant legislation such as:
Fire Precautions (Workplace) Regulations 1997 (as amended)
Food
Safety Act 1990
Health
& Safety at Work etc Act 1974
Disability
Discrimination Act 1995
Environmental
Protection Act 1990
Town and
Country Planning Act 1990
Building
Regulations
3.11 Prevention
of disturbance to neighbourhoods will always be carefully balanced with the
wider cultural benefits. Care will be taken to ensure that only necessary and
reasonable licensing conditions are placed upon such events so as to avoid
imposing indirect and disproportionate costs. Conditions will not discourage
the promotion of such entertainment but will relate solely to the promotion of
the licensing objectives. The Licensing Authority will monitor the impact of
licensing on these forms of entertainment to ensure that this continues to be
the case.
3.12 Arrangements
will be in place for licensing committees
to receive, when appropriate, reports on:
the needs of the local tourist economy for the area
to ensure that these are reflected in their considerations.
the
employment situation in the area and the need for new investment and employment
where appropriate.
4 APPROACH
TO LICENSING APPLICATIONS
4.1
In determining a licence application
the overriding principle will be that each application will be determined on
its individual merits. When considering applications, the Licensing Authority will
have regard to this policy, statutory guidance issued under Section 182 of the
Licensing Act 2003, the Act itself and specifically the licensing objectives,
together with all regulations.
4.2 Nothing
in the Licensing Policy will:
Undermine the rights of
any person to apply under the 2003 Act for a variety of permissions and have
the application considered on its individual merits
Override the right of
any person to make representations on any application or seek a review of a
licence or certificate where they are permitted to do so under the 2003 Act.
4.3
The Licensing Authority recognises that one important
aspect of the Licensing Act 2003 provisions is the abolition of national
operating times for premises selling alcohol.
The Licensing Authority is mindful of
the view that longer licensing hours for the sale of alcohol will help ensure
that the problems arising when large numbers of customers leave premises
simultaneously are avoided. The Licensing Authority will only determine the operating
hours of any licensable activity if there is the belief that by limiting the
operating hours, one or more of the Licensing Objectives will be met.
4.4
The Licensing Authority will generally permit shops,
stores and supermarkets to sell alcohol for consumption off the premises at any
times they are open for shopping. However, if the Police have good reasons for
recommending the restriction of those hours, then this will be considered. Staff serving in such shops, should be over
18 years old or be closely supervised.
4.5
Conditions
will be tailored to the individual characteristics of the premises and
licensable activities concerned and will not inhibit evening and night-time
economies. Disproportionate and over burdensome conditions on premises will not
be imposed. Standardised conditions will be avoided where possible. However,
the Licensing Authority may draw upon a pool
of conditions from which necessary and proportionate conditions may be attached
in particular circumstances.
4.6
If the matter to be decided is controversial in any
way or the determination of the matter under delegated powers is precluded by
law then it will be decided by the Licensing Sub-Committee (LSC). The LSC will
receive regular reports on decisions made by officers so that they maintain an
overview of the general situation. (See
Appendix A for full Schedule of Delegation)
5 CUMULATIVE
EFFECT
5.1
The Licensing Authority will not take 'need' into account
for a particular type of premises on the Island when considering a licence
application. This is a matter for planning development control and the market.
5.2 The Licensing
Authority recognises that the cumulative impact of the number, type and
density of licensed premises in a given area, may lead to serious problems of
nuisance and disorder.
5.3 Representations may be received from a
responsible authority (as defined by section 69(4) of
the "Act")
or interested party (see 6.1 below) that an area has become saturated with
premises making it a focal point for large groups of people. This concentration
of premises may be creating exceptional problems of disorder and nuisance over
and above the impact from the individual premises.
5.4 In these circumstances, the Licensing Authority may decide that the application
of specific conditions is unlikely to address these problems. It may instead
consider refusing new premises licences or club premises certificates if it
believes that granting of any more would undermine the licensing objectives.
5.5 When deciding whether to adopt a special
saturation policy the Licensing Authority
will follow the following steps:
identification
of concern about crime and disorder or public nuisance;
consideration
of whether it can be demonstrated that crime and disorder and nuisance are
arising and are caused by the customers of licensed premises. If so,
identifying the area from which problems are arising and the boundaries of that
area. Alternatively, the risk factors may be such that the area is reaching a
point when a cumulative effect is imminent. Evidence of anti-social behaviour
from Crime and Disorder Reduction Partnerships and noise disturbance from
environmental health officers will be taken into account;
consultation
with those specified by section 5(3) of the Act as part of the general
consultation required in respect of the whole statement of licensing policy;
subject
to that consultation, inclusion of a special policy about future premises
licence or club premises certificate applications from that area within the
terms of this licensing policy;
publication
of the special policy as part of the statement of licensing policy required by
the Act.
5.6
Where a
special policy is adopted, applicants will need to demonstrate why the
operation of the premises would not add to the cumulative impact already being
experienced. However, where representations are received, the onus will be on
the objector to provide evidence that the addition of the premises in question
would produce the cumulative impact claimed. It is worth remembering that the
impact will be different for premises with different styles and
characteristics.
5.7
The Licensing Authority may approve licences that are
unlikely to add significantly to the cumulative impact, e.g. restaurants,
theatres etc. Departures from the special policy may be made and so it is not
absolute. The Licensing Authority will always
consider the circumstances of each individual application on its own merits.
5.8
The
adoption of a special policy does not relieve responsible authorities or
interested parties of the need to make a relevant representation before a
licensing authority may lawfully consider giving effect to its special policy.
5.9
Once
adopted, special policies will reviewed regularly to assess whether they are
required any longer or need expanding.
5.10
A special
policy will not be used as a ground for revoking existing premises licences or
certificates when representations are received about problems with those
premises. Cumulative impact relates to the effect of a concentration of many
premises and so identifying individual premises in the context of a review
would be arbitrary. The special policy will also not impose any trading hours,
terminal hours or quotas (number or capacity of premises) as this would remove
regard to the individual characteristics of the premises concerned.
5.11
Other
mechanisms exist to control the anti-social behaviour of a minority of
consumers who behave badly and unlawfully after leaving licensed premises
etc. These controls include:
Planning controls.
Positive
measures to create a safe and clean town centre environment in partnership with
local businesses, transport operators and other departments of the local
authority.
Power of
the Isle of Wight Council to designate parts of the district as alcohol-free
areas.
Police
enforcement of normal law concerning disorder and anti-social behaviour
including the issuing of fixed penalty notices.
The
prosecution of any personal licence holder or member of staff at premises that
are selling alcohol to people who are either drunk or underage.
The
confiscation of alcohol from adults and children in designated areas.
Police
powers to close down instantly for up to 24 hours any licensed premises or
temporary events on grounds of disorder or excessive noise emanating from the
premises.
The power
of the Police and other responsible authorities or an interested party to seek
a review of the licence or certificate in question.
5.12
Orders made by the Isle
of Wight Council under the Police and Criminal Justice Act 2001 to control the
drinking of alcohol in the streets will be regularly reviewed as part of the
licensing policy review. Following a successful
application for a review of a licence, the licensing sub committee may make a
recommendation for officers to prepare a report for consideration by the Isle
of Wight Council. The purpose of this
report will be to investigate whether an Order under the Police and Criminal
Justice Act 2001 should be made to control the drinking of alcohol in public
spaces in the area surrounding a premises.
6 REPRESENTATIONS,
REVIEWS AND APPEALS
6.1 Interested parties may make representations to the licensing
authority in writing on any application for grant, variation or for the review
of a Premises Licence. Interested parties are defined as:-
A person living in the vicinity of the premises in
question
A body representing persons living in the vicinity
A person involved in a business in the vicinity of
the premises
A body representing persons involved in such a
business
6.2 The Licensing Authority can
only review a licence where it is alleged that the licensing objectives are not
being met. The Licensing Authority will then hold a review
hearing to consider the merits of an application or licence where the
representation is considered relevant. In order to be relevant it must relate
to the likely effect of the grant of the licence on the promotion of at least
one of the licensing objectives. Review hearings will be considered by a sub
committee of 3 elected members from the licensing committee. Applicants and
objectors will be informed of the hearing protocol and invited to attend such
hearings to present their arguments. Hearings will be held promptly so that the
issue can be dealt with efficiently and effectively.
6.3 Before arrangements for a
review are initiated, authorised officers of the Licensing Section will make
every effort to consult with the applicant and objector in an attempt to
resolve any issues informally. Where
agreement cannot be made a hearing will be held unless the decision is made by
authorised officers that the representation is repetitive or is vexatious or
frivolous.
6.4 An aggrieved interested
party whose representation is not regarded as relevant or is determined as
vexatious or frivolous or repetitious may
challenge the authorised officers opinion by way of the Isle of Wight
Councils complaints procedure or through the courts by way of judicial review.
6.5 Following a Review Hearing the Licensing
Authority may:-
modify the conditions of the licence;
exclude a licensable activity from the scope of the
licence;
remove the designated premises supervisor;
suspend the licence for a period (not exceeding
three months); or
revoke the licence.
6.6 The Licensing Act 2003
contains provision for appeals by aggrieved parties against decisions made by
the Licensing Authority. Any appeal has to be made to the Magistrates Court.
6.7
The rights of appeal and reasons for the
decision(s) taken by the Licensing Authority will be provided to all parties
concerned with any licensing decision.
Decisions will have regard to the Licensing Authoritys statement of licensing policy,
statutory guidance, regulations and the Act itself.
6.8
The Licensing Authority will make comprehensive records
of any hearing held in connection with its licensing functions under the Act,
which will include the recording of hearings.
7 ENFORCEMENT
7.1 The Licensing
Authority will establish protocols with the local Police and Fire Service on enforcement issues. This will enable
more efficient deployment of local authority staff and Police Officers. The aim of the protocol will be to target
higher risk and problem premises while providing a lighter touch in respect of
premises which are well run. Inspections of licensed premises will not be
undertaken routinely but when and if they are judged necessary.
7.2
A
protocol will also be developed with local police to ensure that problems in
dispersing people from town centres due to inadequate transport arrangements
will be reported to the appropriate Isle of Wight Council Committee.
7.3
Any
enforcement action instigated by the licensing authority will be in accordance
with the Enforcement
Concordat and the Environmental
Health Enforcement Policy
7.4 The Act sets out a number
of offences, proceedings for which may be instigated by the following:-
The Licensing Authority
The Director of Public Prosecutions
In the
case of an offence under section 146 or 147 (sale of alcohol to children), by
the Isle of Wight Trading Standards Department.
8 OPERATING SCHEDULES
8.1 The Operating schedule forms part of the
completed application form for a premises licence. It should include
information which is necessary to enable any responsible authority or
interested party to assess whether the steps to be taken to promote the
licensing objectives are satisfactory. Specific requirements on what it should
contain and how it should be presented are contained in Section 17 of the Act
and in regulations. However, general policies relevant to each of the licensing
objectives are detailed below.
Prevention of Crime and
Disorder
8.2 Licence holders are seen as playing a key
role in the prevention of crime and disorder and must address this issue in
their operating schedule. The range and scope of control measures will depend
on a number of factors including the:
nature
and style of the venue
activities
being conducted there
location
of the premises
anticipated
clientele of the business involved.
8.3 It is recognised that club premises may
operate under their own codes of discipline to ensure the good order and
behaviour of members.
8.4 Any individual preparing an operating
schedule is at liberty to volunteer any additional measure as a step he or she
intends to take to promote the licensing objectives. However, it should be
noted that if incorporated into the licence or certificate as a condition, they
will become enforceable under the law. A breach of such a condition could give
rise to prosecution.
8.5 The Licensing Authority will
expect licensees to have adequate management practices in place as well as
suitable training for staff, to ensure that sales of alcohol are not made
directly or indirectly to persons under the age of 18. Practices also need to
be in place to ensure that sales are not made to persons who are either drunk
or who may commit crime and disorder.
8.6 The Government has recently
published its Alcohol
Harm Reduction Strategy and later intends to produce a code of good
practice for industry. The Licensing Authority will strongly encourage all retailers of alcohol
to sign up to this code to receive accreditation. It is envisaged that
adherence to the code could be taken into account when there is an official
complaint made against a premises licence.
8.7 The Licensing Authority will also
expect licensees to be aware of the misuse of drugs, and take all reasonable
steps to prevent the entry of drugs into licensed premises. Licensees must take
appropriate steps to prevent drugs being supplied within the premises.
8.8
The Licensing Authority will expect licensees of venues likely to be
affected by alcohol or drug abuse, to be familiar with the contents of Chapter
4 (drug awareness) of the BIIAB Level 2 National Certificate for Entertainment
Licensees, and to follow the recommendations of that handbook. The Licensing Authority will also
expect the relevant licensees to follow the recommendations of "Safer
Clubbing", issued by the Home Office (ISBN 1840827807).
8.9
The Licensing Authority encourages the usage of community watch
schemes. The active membership of
schemes such as pub watch, club watch and the like will be seen as an
indicator of attempts to reduce crime and disorder.
8.10 The Licensing Authority supports
the establishment and implementation
of a protocol agreed with Hampshire Police for the reduction of crime and
disorder associated with any licensed activities.
Public Safety
8.11 Applicants must indicate in their
operating schedule the steps he/she proposes to ensure public safety. In particular, the provisions of the
Health and Safety at Work etc Act 1974, the Management of Health and Safety at
Work Regulations 1999 and the Fire Precautions (Workplace) Regulations 1997 (as
amended).
8.12 To demonstrate to the Licensing Authority and other responsible authorities
that adequate provision has been made, the
following should be included with the Operating Schedule:
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.
Details of fire safety provisions and escape routes
from the premises to a place of ultimate safety with any significant features
should be identified on the plan accompanying the application and described in
the operating schedule.
Supporting evidence demonstrating adequate
maintenance of fire safety provisions and systems, e.g. current servicing
certificates.
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
Suitable recording of maintenance, tests and
training.
Testing of electrical wiring and systems (temporary
and permanent)
Suitable access for emergency vehicles
Adequate arrangements for the provision of first
aid equipment
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
The Prevention of Public Nuisance
8.13 The Licensing
Authority is committed to
reducing the adverse impact of licensable activity, whilst not unduly
restricting the legitimate desire of licensees to provide that
entertainment. In considering
applications the Licensing Authority will seek to ensure that personal and
public amenity are maintained.
8.14 Any Activity involving public entertainment
or eating or drinking on the premises has the potential to impact adversely on
the surrounding area. The impact of noise generated by these activities and
customers departing either on foot or in cars, can be particularly intrusive at
night when ambient noise levels are much lower.
8.15 More strict conditions with regard to
noise control will be expected in certain areas of the Island, which have
denser residential accommodation or low levels of background noise but this
will not justify limiting opening hours without regard to the individual merits
of any application.
8.16 The Environmental Protection Act 1990
and the Noise Act 1996 provide some protection to the general public from the
effects of noise nuisance. In addition,
the provisions of Part 8 of the Licensing Act 2003 enable a senior police
officer to close down instantly, for up to 24 hours, any licensed premises or
temporary events that are causing a noise nuisance. Similar powers under the
Anti-social Behaviour Act 2003 are available to the Chief Executive of the
relevant local authority or to an authorised Environmental Health Officer.
Noise Controls
8.17 The operating schedule must have regard
to the nature of the area where the premises are situated, the type of premises
concerned, the licensable activities to be provided, operational procedures and
the needs of the local community. The Licensing
Authority will expect the
schedule to demonstrate how it is intended that the premises will be good
neighbours both to residents and to other venues and businesses. Businesses
should have regard to guidance contained in the Good Practice Guide on the
Control of Noise from Pubs and Clubs, March 2003 (produced by the Institute of
Acoustics) and where appropriate, the Code of Practice on Environmental Noise
Control at Concerts (produced by the former Noise Council).
Noise from Regulated
Entertainment
8.18 In certain premises where legislation
does not provide adequately for the prevention of public nuisance,
consideration might be given to conditions that ensure that:
Noise or
vibration does not emanate from the premises so as to cause a nuisance to the
occupants of nearby properties. This might be achieved by a simple requirement
to keep doors and windows at the premises closed, (whilst providing adequate
mechanical ventilation)
Prominent,
clear and legible notices are displayed at all exits requesting the public to
respect the needs of local residents and to leave the premises and the area
quietly
Prohibit
certain rooms from being used for purposes that create noise
The use
of explosives, pyrotechnics and fireworks of a similar nature, which could
cause disturbance in surrounding areas are restricted
The
placing of refuse such as bottles into receptacles outside the premises
takes place at times that will minimise the disturbance to nearby properties
Reducing
sound levels and installing a sound limiting device to prevent sound exceeding
the appropriate level
Installing
soundproofing measures to contain sound and vibration
8.19 In all cases The Licensing Authority will expect the applicant to propose practical steps as
to how disturbance to local residents will be prevented and the following
general issues should also be covered in the operating schedule:
The
establishment of an appropriate noise assessment procedure
The
establishment of monitoring systems to demonstrate compliance with noise
policies and with any specific noise restrictions
The
establishment of an internal communications procedure for dealing with noise
issues
The
establishment of methods for logging and responding to noise complaints within
appropriate time limits
The
provision of general advice and training on noise control to employees
Anti Social Behaviour
8.20 It is self
evident that the risk of disturbance to local residents is greater when
licensable activities continue late at night and into the early hours of the
morning. For example the risk of
residents sleep being disturbed by patrons leaving licensed premises is
obviously greater at 0200hrs than at 2300hrs.
Premises
open after 2300hrs will be expected to have:
an
operating schedule agreed with the Licensing Authority that indicates the applicant is taking
appropriate steps to comply with the licensing objective of preventing public
nuisance.
there
will not be any increase in the cumulative adverse impact from these or similar
activities, on an adjacent residential area;
there is
a particularly high level of public transport accessibility to and from the
premises at the appropriate times; and
the
activity will not be likely to lead to a demonstrable increase in car parking
demand in surrounding residential streets.
Exterior Lighting
8.21
Exterior lighting and security lighting must be positioned to
reduce light pollution in neighbouring residential property.
Odour/litter
8.22 Where necessary and appropriate consideration
of the actual or intended controls over odour and litter should be addressed in
the operating schedule.
Protection of Children from Harm
8.23 The Licensing
Authority does not seek to
limit the access of children to any premises unless it is necessary for the
prevention of physical, moral or psychological harm to them. This policy cannot
anticipate every issue of concern that could arise in respect of children and
individual premises. Consideration of the individual merits of each application
remains the best mechanism for judging such matters.
8.24 Conditions requiring the admission of children
to any premises will not be imposed. This will remain a matter for the
discretion of the individual licensee, club or person who has given a temporary
event notice. Venue operators seeking premises licences and club premises
certificates may volunteer such prohibitions and restrictions in their
operating schedules if they have determined that the presence of children is
undesirable or inappropriate.
8.25 The Licensing Authority will pay particular attention to ensuring the protection
of children in the following circumstances:
Where
there have been convictions of members of the current staff at the premises for
serving alcohol to minors or with a reputation for underage drinking
Premises
with a known association with drug taking or dealing
Where there
is a strong element of gambling on the premises
Where the
supply of alcohol for consumption on the premises is the exclusive or primary
purpose of the services provided at the premises
Where
entertainment or services of an adult or sexual nature are provided
8.26 Entertainment
or services of an adult or sexual nature will include topless bar staff,
striptease, lap, tabletop or pole dancing, performances involving feigned
violence or horrific incidents, feigned or actual sexual acts or fetishism, or
entertainment involving strong and offensive language. In such
circumstances it may sometimes be necessary to impose a complete prohibition on
childrens access.
8.27
It is
expected that any operating schedule will demonstrate how the licensee will
ensure that no harm comes to any child by virtue of the licensable
activities. The range of alternatives
for limiting access to children include:
Limitations
on the hours when children may be present
Limitations
on the exclusion of the presence of children under certain ages when particular
specified activities are taking place
Limitations
on the parts of premises to which children might be given access
Age
limitations below 18
Requirements
for accompanying adults and
Full
exclusion of people under 18 from the premises when any licensable activities
are taking place
8.28 Where there is provision of
entertainment specifically for children (e.g. a childrens disco) or where the
children themselves are performers, the Licensing
Authority will require the
presence of sufficient adults to control the access and egress of the children
and assure their safety. In the latter case there must be one supervising adult
present at all times for every ten children.
8.29 The Portman Group
Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks
seeks to ensure that drinks are packaged and promoted in a socially responsible
manner and only to persons 18 years old or older. It is important in protecting
children from harm because it addresses the naming, marketing and promotion of
alcoholic products sold in licensed premises in a manner which may appeal to or
attract minors. The Licensing Authority commends this code.
8.30
The Licensing Authority expects licensees to include in their operating schedule
arrangements for restricting children from viewing age restricted films
classified according to the recommendations of the British Board of Film Classification (BBFC).
8.31 Where the exhibition of films is
permitted the authority will expect the age restrictions of the BBFC in respect
of the films to be exhibited to be complied with. Only in exceptional cases
will variations of this general rule be granted by the Licensing Authority
and then only with appropriate safeguards.
8.32 For specialist Film Festivals where it
is desired to show films not classified by the BBFC, the Licensing
Authority will, provided
adequate notice has been given, classify the films concerned. The Licensing
Authority will use the
guidelines published by the BBFC to do this. This information will be published
on the Licensing Sections website.
8.33 In respect of Licensing matters the Licensing Authority, recognises the Isle of Wight Councils Childrens Services
Directorate as the Responsible Authority in relation to the protection of
children. Copies of all applications
will be required to be sent to:
Prue GRIMSHAW
Head
of Children and Family Services
Childrens
Services Directorate
17
Fairlee Road
Newport
Isle
of Wight PO30 2EA
The
Licensing
Authority
welcomes comments and observations on this draft Policy. These should be
addressed to:
Licensing
Section
Isle of Wight Council St Nicholas 58 St Johns Road Newport
Isle of Wight PO30 1LT
Tel: 01983 823152 Fax: 01983 823158 Email: [email protected]
APPENDIX A
SCHEDULE OF DELEGATIONS
|
Matter to be dealt with |
Sub-Committee |
Authorised Officer |
|
Application for personal licence |
If a police
objection |
If no objection
made |
|
Application
for personal licence with unspent convictions |
All cases |
|
|
Application for premises licence/club
premises certificate |
If a
representation made |
If no
representation made |
|
Application
for provisional statement |
If a representation made |
If no representation made |
|
Application to vary premises licence/club
premises certificate |
If a representation made |
If no representation made |
|
Application
to vary designated premises supervisor |
If a Police
objection |
All other cases |
|
Request
to be removed as designated premises supervisor |
|
All cases |
|
Application
for transfer of premises licence |
If a Police objection |
All other cases |
|
Applications
for interim authorities |
If a Police objection |
All other cases |
|
Application
to review premises licence/club premises certificate |
All cases |
|
|
Decision
on whether a complaint is irrelevant, frivolous or vexatious etc |
|
All cases |
|
Decision
to object when local authority is a consultee and not the relevant authority
considering the application |
All cases |
|
|
Determination
of a Police objection to a temporary event notice |
All cases |
|
|
In
cases where the Magistrates Court has determined the licence on appeal |
|
All cases |
APPENDIX B
List of
consultees
Isle of
Wight Crime and Disorder Partnership
Hampshire
and Isle of Wight Constabulary
Isle of
Wight Fire and Rescue
Isle of
Wight Council Childrens
Services Directorate
Holders of
the various licences for premises on the Island who are affected by the policy
Town and
Parish Councils and forums
Local
businesses and their representatives, specifically the Isle of Wight Chamber of
Commerce, Pub Watch and Club Watch and representatives of licensed door
supervisors employed on the Island
Local
residents and their representatives specifically through Associations
The Isle of
Wight Magistrates Court
St Marys
Hospital Accident and Emergency department
Isle of
Wight Primary Care Trust
Other organisations that appear to the Council to
be affected by licensing matters covered by this policy
Other parties etc
Open consultation through libraries and the
internet