PAPER C
Committee: FULL COUNCIL
Date: 8 DECEMBER
2004
Title: A
STATEMENT OF LICENSING POLICY: THE LICENSING ACT 2003
REPORT OF THE PORTFOLIO HOLDER FOR FIRE, EMERGENCY PLANNING AND CONSUMER PROTECTION
Committee: FULL COUNCIL
Date: 8 DECEMBER
2004
Title: A
STATEMENT OF LICENSING POLICY: THE LICENSING ACT 2003
REPORT OF THE PORTFOLIO HOLDER FOR FIRE, EMERGENCY PLANNING AND CONSUMER PROTECTION
PURPOSE/REASON
1. To consider, in the light of a recommendation from the Councils Licensing Panel, the Licensing Authoritys Statement of Licensing Policy (set out at Appendix 1) for the period 7 January 2005 until 6 January 2008. A Policy must be published and ratified by Full Council no later than 6 January 2005, before the Authority carries out any function in respect of individual applications made under the Licensing Act 2003.
BACKGROUND
2. On the 16 November 2004 the Licensing Panel considered a draft Statement of Licensing Policy and
the following was recommended to Council:
That
the Councils Statement of Licensing Policy, 2004 2007, as attached to the
minutes, be approved.
3. The Councils Statement of Licensing
Policy hereafter also described as the Policy, will cover all licensable activities,
as defined under the Licensing Act 2003, taking place on the
Isle of Wight.
4. The Policy sets out the four licensing
objectives identified in the Act and the Licensing
Authoritys
vision on promoting these objectives; the prevention of crime and disorder,
public safety, the prevention of public nuisance and the protection of children
from harm.
5. The
Policy should consider the effect of the new
Act and its interrelation with other Council and strategic partners aims. The Policy therefore seeks
to support:
the introduction of better and more proportionate regulation to give
business greater freedom and flexibility to meet their customers expectations
greater choice for consumers, including tourists, about where, when and
how they spend their leisure time
the encouragement of more family friendly premises where younger
children can be free to visit with the family
the further development within communities of a rich culture of live
music, dancing and theatre, both in rural areas and in our towns
the regeneration of areas that need the increased investment and employment opportunities that a thriving
and safe night-time economy can bring; and
the necessary protection of local residents, whose lives can be blighted by disturbance arising from the premises and anti-social behaviour associated with the activities of some people visiting places of entertainment.
6. Section 5 of the Licensing Act 2003
requires a Licensing Authority to prepare and publish a Statement of Licensing Policy
every three years. The Licensing Committee (or Sub Committees) decision
cannot be re examined by any other committee, the executive or Full Council.
7. The Act allows for the Policy to be
kept under review and the Licensing Authority may make such revisions to it as
it considers appropriate, in the light of feedback from the local community or evaluation as to whether the statutory objectives
are being met.
8. The governments Department of Culture
Media and Sport (DCMS) has been responsible for this reform of Licensing Law
relating to the supply of alcohol, the provision of regulated entertainment and
the provision of late night refreshment in England and Wales.
9. The
Licensing Act 2003 received Royal assent on 10 July 2003. This brought together in one statute the
regulation of the use of premises for defined licensable activities.
10. The DCMS published draft licence
application forms and other draft regulations (excluding fees) for public
consultation on 15 September 2004. The
draft regulations on fees were published on 4 November 2004. Initial analysis of the proposed fees would
seem to show that in the first year the Councils estimated income will be
200,000 and every year thereafter up to 87,000 may be recoverable as an
enforcement fee. The income generated
must be used to fund the cost of enforcement and administration of the
Act. An annual loss of public
entertainment licence fees of approximately 66,000 must be off set against new
income.
11. This Licensing Authority must have
determined and published their first Statement of Licensing Policy by 7 January
2005.
12. The Statement of Licensing Policy has to have due regard for regulations, statutory guidance and be consistent with local crime prevention, planning, transport, tourism, diversity schemes, cultural strategies and any plans introduced to support management of local town centres and the night time economy.
FORMAL CONSULTATION
13. The Council has consulted widely with town and parish
councils, housing associations, statutory bodies, transport providers, the
licensed trade and other relevant parties.
14. Wherever and whenever it has been appropriate, comments from
consultees have been accommodated in the Policy.
15. Six roadshows took place to explain the Policy and elicit views. The dates,
times and venues of the roadshows are set out below:
|
Tuesday 19 October |
2.30 pm |
Newport Football Club |
|
Tuesday 19 October |
7.00 pm |
Ventnor Winter Gardens |
|
Wednesday 20 October |
7.00 pm |
Northwood House |
|
Tuesday 26 October |
7.00 pm |
Ryde Theatre |
|
Wednesday 27 October |
7.00 pm |
Freshwater Memorial Hall |
|
Friday 29 October |
7.00 pm |
Lions Day and Community Centre, Lake |
16. Radio
interviews have been given.
17. Expenditure
on licensing matters where fees are regulated by the Council broadly balance
income. As with other statutory
licensing fees officers believe that there will be a shortfall of income in
respect of this new legislation. Based
on previous experience, the shortfall is estimated to be up to 50%. Later, this could reduce as the government
has stated its intention to review fees within two years. Officers have had discussions with DCMS
representatives about fee levels.
Paragraph 10 of this report is also relevant.
18. Section 5 of the Licensing Act 2003 requires the Licensing Authority to have a Policy which must be reviewed before the end of a three year period.
19. The Policy must be
approved and published before the Authority carries out any function in respect
of individual applications made under the terms of the Act.
20. An
aggrieved party may challenge the Statement of Licensing Policy by way of
judicial review.
21. The prevention of crime and disorder is
identified as one of the objectives of the Licensing Act 2003. The Councils Licensing Section has
established a close working relationship with the Police over recent years and
has worked closely with the Police developing the Statement of Licensing
Policy. Plans are well advanced to
revise a working protocol between the Council and the Police to enhance
effective partnership working in the light of this legislation.
22. Members are advised
that this Policy has been drafted against a background of the implications of
the Human Rights Act 1998.
There
are three convention rights which had to be considered in this context:
a) Article 6 - Right to a fair trial
In the determination of his
civil rights and obligations or of any criminal charge against him, everyone is
entitled to a fair hearing within a reasonable time by an independent and
impartial tribunal established by law.
It has been held that the fact
that there is a right of appeal to the magistrates court from any decision of
the Licensing Committee (Panel) is sufficient to make the Councils licensing
system compliant with this convention right.
b) Article
8 - Right to respect for private and family life.
Everyone has the right to
respect for his private and family life, his home and his correspondence. In the case of article 8 there shall be no
interference by a public authority with the exercise of this right except as
such in accordance with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic wellbeing of the
country, for the prevention of disorder and crime, for the protection of health
or morals or for the protection of the rights and freedoms of others.
c) Article
1 of the first protocol protection of property.
Every natural or legal person is
entitled to the peaceful enjoyment of his possessions. In the case of Article 1
of the first protocol it states that no one shall be deprived of his
possessions except in the public interest and subject to the conditions
provided for by law and the general principles of international law. The preceding provisions (of which articles
6 and 8 are but two) shall not however in any way impair the right of the state
to enforce such laws as it deems necessary to control the use of the property
in accordance with general interest or to secure the payment of taxes or other
contributions or penalties.
The Policy has been prepared to satisfy these
convention rights.
OPTIONS
23. To approve the Statement of Licensing
Policy.
24. To approve the Statement of Licensing
Policy incorporating agreed amendments.
25. Full Council is advised that the Licensing Panel and officers have taken the following into consideration:
a)
the need for licensed premises
b)
the prevention of children from harm
c)
crime prevention issues
d)
cultural issues
e)
transport policies
f)
tourism factors
g)
diversity
h)
duplication
i)
standardised licence conditions
j)
enforcement procedures
k)
administration and delegations to officers, the Policy incorporates a
schedule of delegations
26. The six month transition
period, and the weeks either side of the local elections, are inherently
difficult. There may be a high volume of member level decisions and few (possibly
even no) trained and available members. Contingency plans are in place,
including lobbying the central government to relax, at least temporarily, the
restrictions on officer delegations. It is therefore proposed that full
council, in addition to the detailed delegations set out in the draft policy,
also resolves, for the transition period 7 February to 7 November, to make the
maximum delegation of liquor licensing functions to officers allowed by law
from time to time.
27. There are approximately 1024 licensable premises on the Isle of Wight, 153 are charitable and therefore there can be no charge.
|
RECOMMENDATIONS i.
To approve the Statement of Licensing Policy. ii. For the
transition period 7 February to 7 November 2005, to delegate liquor licensing
functions to officers, to the maximum extent allowed by law. |
28. Appendix 1: draft statement of licensing policy
29. The Licensing Act 2003 and subsidiary
regulations
Explanatory notes to the Licensing
Act 2003, Chapter 17
Consultees comments
Contact Point: John Murphy (823152,
[email protected])
|
DAVID KNOWLES Portfolio Holder for
Fire, Emergency Planning and Consumer Protection |
ROB OWEN Head of Consumer
Protection |
Appendix 1
 |
Licensing Authority
|
|
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 Prevention of Crime and Disorder v Public Safety v Prevention of Public Nuisance v Protection of Children from Harm |
14 15 16 17 19 |
|
APPENDIX A Schedule of Delegations |
22 |
|
APPENDIX B List of Consultees |
23 |
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:
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 the successful
integration of this Statement of Licensing Policy with other local strategies
including those designed to address:
Crime
prevention
Planning
Transport
The local
economy
Tourism
Diversity
Culture
Fire Safety
Together with the Isle of Wights Community
Strategy.
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, town/parish councils and community partnerships/fora
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 conflict with 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 Act 1984 and current accompanying
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 made for the
licensing committee 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 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.
Staff are encouraged to ask for proof of age when serving individuals
who may be under 18 years of age.
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 saturation
policy about future premises licence or club premises certificate applications
from that area within the terms of this licensing policy;
publication of the special saturation policy as part of the
statement of licensing policy required by the Act.
5.6
Where a special saturation 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 saturation 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 saturation 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 saturation policies will reviewed regularly to assess whether
they are required any longer or need expanding.
5.10
A special
saturation 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 saturation 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 surrounding area.
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 should 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 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.
8.2
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.
8.3 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.
8.4 It is recognised that club premises may
operate under their own codes of discipline to ensure the good order and
behaviour of members.
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, in the opinion of the personal licence holder, may be reasonably expected
to 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 and Isle of Wight 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
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 procedure 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
activities, whilst not unduly restricting the legitimate desire of licensees to
provide such activities. In considering
applications the Licensing Authority will seek to ensure that personal and public amenities are
maintained.
8.14
Activities involving public entertainment or eating or drinking on
the premises have 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 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 will usually be necessary to impose a 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 usually should 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:
Head of Children and Family Services
Childrens Services Directorate
17 Fairlee Road
Newport
Isle of Wight PO30 2EA
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, repetitious 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 |
|
CONSULTEES |
||
|
Council Officers |
Rob Owen |
Head of Consumer Protection |
|
|
Warren Haynes |
Environmental Health Manager |
|
|
Duncan MacDonald |
Principal Environmental Health Officer |
|
|
Rachel Mooney |
Acting Principal Environmental Health Officer |
|
|
Mat Drake |
Assistant Solicitor |
|
|
Richard Stone |
Trading Standards Manager |
|
|
Gary Warren |
Principal Health and Safety Officer |
|
|
John Lawson |
Head of Legal and Democratic Services |
|
|
Margaret Kirkman |
Senior Solicitor |
|
|
Chris Mathews |
Democratic Services Manager |
|
|
Susan Lightfoot |
Service Manager, Safer Communities |
|
|
Prue Grimshaw |
Head of Children and Family Services |
|
|
Alec Southcott |
Senior Fire Safety Officer |
|
|
George Bryson |
Deputy Chief Fire Officer |
|
|
Richard Hards |
Chief Fire Officer |
|
|
Julie Dinning |
Brigade Secretary |
|
|
Annie Horne |
Managing Director, Wight Leisure |
|
|
Hannah Birks |
Rural Arts Officer |
|
|
Pam Stamps |
Policy Officer, Community Partnership |
|
|
David Pettitt |
Strategic Director of Childrens Services |
|
|
Derek Rowell |
Strategic Director of Environment Services |
|
|
Mike Fisher |
Chief Executive Officer, Corporate Services |
|
|
Glen Garrod |
Strategic Director of Social Services & Housing |
|
|
John Metcalf |
Head of Community Development |
|
Councillors |
Charles Chapman |
Chairman of Licensing Panel |
|
|
Mike Cunningham |
Licensing Panel Member |
|
|
John Effemey |
Vice Chairman/LP Member |
|
|
John Howe |
Licensing Panel Member |
|
|
Heather Humby |
Licensing Panel Member |
|
|
Margaret Lloyd |
Licensing Panel Member |
|
|
Roger Mazillius |
Licensing Panel Member |
|
|
Anthony Mundy |
Licensing Panel Member |
|
|
Colin Richards |
Licensing Panel Member |
|
|
Jacqueline White |
Licensing Panel Member |
|
|
Peggy Jarman |
Leader
of the Council/Dep LP Member |
|
|
Colin Lillywhite |
Deputy Licensing Panel Member |
|
|
David Knowles |
Chairman Fire & Public Safety Select Committee |
|
|
Shirley Smart |
Leader of the Council |
|
|
Andy Sutton |
Conservative Group Leader |
|
|
Deborah Gardiner |
Labour Group Leader |
|
Housing
Associations |
Medina Housing |
|
|
|
South Wight Housing |
|
|
|
Isle of Wight Housing |
|
|
|
Vectis Housing |
|
|
|
Stonham Housing |
|
|
|
Housing 21 |
|
|
|
Places for People |
|
|
|
Solent Housing Co-operative |
|
|
|
Island Cottages Ltd |
|
|
Residents
Associations |
Freshwater |
|
|
|
Cowes |
|
|
|
Pondwell |
|
|
Town and Parish
Councils |
Arreton Parish Council |
|
|
|
Bembridge Parish Council |
|
|
|
Brading Town Council |
|
|
|
Brighstone Parish Council |
|
|
|
Calbourne Parish Council |
|
|
|
Chale Parish Council |
|
|
|
Cowes Town Council |
|
|
|
East Cowes Town Council |
|
|
|
Freshwater Parish Council |
|
|
|
Gatcombe Parish Council |
|
|
|
Godshill Parish Council |
|
|
|
Girnard Parish Council |
|
|
|
Lake Parish Council |
|
|
|
Nettlestone & Seaview Parish Council |
|
|
|
Newchurch Parish Council |
|
|
|
Niton & Whitwell Parish Council |
|
|
|
Rookley Parish Council |
|
|
|
St Helens Parish Council |
|
|
|
Sandown Town Council |
|
|
|
Shalfleet Parish Council |
|
|
|
Shanklin Town Council |
|
|
|
Shorwell Parish Council |
|
|
|
Totland Parish Council |
|
|
|
Ventnor Town Council |
|
|
|
Wootton Parish Council |
|
|
|
Wroxall Parish Council |
|
|
|
Yarmouth Town Council |
|
|
Other Agencies |
Sgt G Mudge |
Hampshire Constabulary |
|
|
Mr D Arnold |
Director of Ambulance Operations, IW Healthcare NHS Trust |
|
|
Robin Beale |
A&E Department, IW Healthcare NHS Trust |
|
|
Alan White |
Southern Vectis Plc |
|
|
Mark Powell |
IW College |
|
|
Estelle Thomas |
Rural and Community Council (RCC posted Policy to disabled groups) |
|
|
David Wood |
Neighbourhood Watch Co-ordinator |
|
|
Stuart MacIntosh |
Cowes Harbour Master |
|
|
|
Yarmouth Harbour Master |
|
|
Janice Rounsevell |
Chairman, Isle of Wight Taxi Proprietors Association |
|
|
The Association of Licensed Multiple Retailers |
Entertainment Industry |
|
|
Kevin Smith |
Chamber of Commerce |
|
|
Luminar Plc |
Entertainment Industry |
|
|
Yates |
Entertainment Industry |
|
|
Wightlink Ltd |
Ferry Company |
|
|
Red Funnel |
Ferry Company |
|
|
Solent & Wightline Cruises Ltd |
Ferry Company |
|
|
Equity |
Representative Organisation of performers |
|
|
Mark Tutty |
Island Limos |
|
|
Magistrates Clerk |
IW Magistrates Court |
|
|
Quattroleisure |
Entertainment Industry |
|
|
Chartered Institute of Environmental Health |
Professional Organisation |
|
|
James Overy |
Hall & Woodhouse Retail |
|
|
Joanna Becker |
Licensing Administration Manager, Somerfield Stores Ltd |
|
|
All IW Libraries |
|
|
|
All Licensed Premises on IW |
|
|
Solicitors or
representatives |
Saulet & Co |
|
|
|
Berwin Leighton Paisner |
|
|
|
Poppleston Allen Licensing Solicitors |
|
|
|
Ridgeway Licensing Services |
|
|
|
Brian Oxford |
|
|
|
Ratna & Co Solicitors |
|
|
|
Ferguson Bricknell |
|
|
|
Careless & Kemp Solicitors |
|
|
Solicitors or representatives |
Eldridges Solicitors |
|
|
|
Keith Traves Solicitors |
|
|
|
Blake Lapthorn Solicitors |
|
|
|
Matthews Henshaw Verrinder Solicitors |
|
|
|
Merry & Co Solicitors |
|
|
|
Wilks Price Hounslow Solicitors |
|
|
|
TLT Solicitors |
|
|
|
James Button & Co Solicitors |
|