report to licensing sub committee 28 april 2016 · report to licensing sub committee 28 april 2016...
TRANSCRIPT
Report to Licensing Sub Committee 28 April 2016
Subject: Application for a new premises Licence
Status: Routine Matter for Decision
Report ref:
Ward(s): Eastrop
Key Decision: No
Key Decision / Ref:
Report of: Head of Street Scene, Parks and Regulatory Services
Contact officer: Sophy Brough Licensing Officer
Appendices:
Appendix 1 – Application form
Appendix 2 – Premises Plan
Appendix 3 – Location Map
Appendix 4 – HFRS Representation
Appendix 5 – MOP Representation
Appendix 6 – Relevant extracts from the Basingstoke and Deane Borough Council Statement of Licensing Policy
Appendix 7 – Relevant extracts from the Guidance to the Licensing Act under the Licensing Act 2003.
Papers relied on to produce this report:
1 Executive Summary
1.1 This report is to enable members to consider and determine an application for a new premises licence that has been subject to relevant representations, in accordance with the requirements of the Licensing Act 2003.
2 Recommendation
2.1 It is for members of the sub committee to determine the application and consider the steps it considers necessary for the promotion of the licensing objectives which may include one or more of the following options.
Grant the licence subject to-
(i) The conditions consistent with the operating schedule accompanying the application modified to such extent as the authority considers necessary for the promotion of the licensing objectives and
(ii) Any mandatory condition which must under section 19(relating to sale of alcohol), 20 (relating to films) and 21(relating to door
supervision) of the Licensing Act 2003 which must be included in the licence.
Exclude from the scope of the licence any of the licensable activities to which the application relates
Refuse to specify a person in the licence as the premise supervisor
Modify the conditions of the licence or add new conditions
Reject the whole or part of the application.
PRIORITIES, IMPACTS AND RISKS
Contribution to Council Priorities
This report accords with the council’s Policy and Budget Framework and supports the development of an effective and efficient council.
GLOSSARY OF TERMS
Term Definition
LA2003 Licensing Act 2003
MoP Member of Public
MAIN CONSIDERATIONS
3 The Proposal
3.1 An application for a new premises licence was received on 29 February 2016. The application is for a new licensed bar and entertainment venue at the premises formerly known as Wonderland on Churchill Way, Basingstoke.
3.2 The application seeks the provision of the following licensable activities:
Licensable Activity
Timings Location
Provision of Indoor Sporting Events
Monday to Sunday 12:00 – 23:00
indoors only
Live Music Monday to Wednesday 11:00 – 23:00 Thursday to Sunday 11:00 – 01:30
indoors only
Recorded music Monday to Wednesday 12:00 – 00:00 Thursday to Sunday 12:00 - 02:30
indoors only
Provision of performance of Dance
Monday to Wednesday 12:00 - 23:00
Thursday to Sunday 12:00 – 01:30
indoors only
Provision of anything of a similar description to live music, recorded music or performance of dance
Monday to Wednesday 12:00 – 23:00
Thursday to Sunday 12:00 – 01:30
indoor only
Late night refreshment Monday to Wednesday 12:00 – 00:00
Thursday to Sunday 12:00 – 03:00
Indoors only
Supply of Alcohol (consumption on the premises only)
Monday to Wednesday 12:00 – 23:00
Thursday to Sunday 12:00 – 02:30
Indoors only
3.3 The applicant seeks the following non-standard timings for all of the above
activities:
Where Christmas Eve and New Years Eve fall upon a Monday, Tuesday or Wednesday, we request that Thursday to Sunday Hours be permitted.
3.4 The application includes the following opening hours:
Monday to Wednesday 12.00 to 00:00
Thursday to Sunday 12.00 to 03.00
Non standard timings
Where Christmas Eve and New Years Eve fall upon a Monday, Tuesday or Wednesday, we request that Thursday to Sunday Hours be permitted.
3.5 The application was open for consultation until 31 March 2016. The prescribed blue public poster was displayed at the premises and a newspaper advert appeared in the Basingstoke Gazette on 10 March 2016. A copy of the application form is attached at Appendix 1.
3.6 The steps that the applicant wishes to take to promote the licensing objectives are detailed at page 17 of the application form at Appendix 1.
3.7 The proposed premises plan is attached at Appendix 2.
3.8 A location map is attached at Appendix 3.
3.9 Representations from Responsible Authorities
3.9.1 A representation was received from Hampshire Fire and Rescue Service (HRFS) in respect of public safety due to concerns that the current premises plan did not show the Fire Safety provisions for the building following the extensive restructure currently being carried out. A copy of the representation is at Appendix 4.
3.10 Representation from Member of Public
3.10.1 A representation was received from a local resident in relation to the prevention of Public nuisance and the prevention of crime and disorder. The representation requests that the premises change the times of the sale of alcohol and light refreshment to 01:00, with the premises closing at 01:30. The representation objects to the current times applied for by Stage Live Ltd as they feel this will lead to noise and crime and disorder as people leave the venue late at night, and litter from food vans. A copy of this representation is at Appendix 5.
4 Options Analysis
4.1 The options available to this committee are those detailed at the recommendation at paragraph 2 on page 1 of this report.
A licensing authority must carry out its functions under the Licensing Act 2003 with a view to promoting the licensing objectives which are as follows:
The prevention of crime and disorder,
Public safety,
The prevention of public nuisance, and
The protection of children from harm.
4.2 In carrying out its licensing functions, a licensing authority must also have regard to its ‘Statement of Licensing Policy’ and the guidance issued under section 182 of the Act. Relevant extracts are attached at Appendices 6 and 7. Members should note this does not preclude them from considering the remainder of the guidance and policy.
4.3 Having made a determination, the licensing authority must notify its decision
and its reasons for that decision to the applicant, any person who has made representation and the Chief Officer of Police in which the premises is situated.
4.4 An appeal against the decision made in determining this application may be made to the Magistrates Court within 21 days of all parties being notified of the local authority’s decision.
5 Implications
5.1 Financial Implications
5.1.1 There are no financial implications arising from this report
5.2 Risk Issues
5.2.1 Members must consider the risks identified by the responsible authorities within their written representations and stated orally at the hearing in respect of the impact on the promotion of the relevant licensing objectives. Members must also consider the risk mitigation measures provided in the application form and those agreed during the consultation period and orally by the applicant and add the appropriate weight to all evidence when considering whether or not to grant this application or when considering the imposition of licence conditions.
5.3 HR Issues
5.3.1 There are no HR issues arising from this report.
5.4 Equalities/Human rights
5.4.1 Under the Human Rights Act 1998, the sub-committee needs to consider the balance between the rights of the licensee and those making representations when making their decision. The sub-committee has a duty under section 17 of the Crime and Disorder Act 1998 when making its decision to do all it can to prevent crime and disorder in the Borough.
5.5 Legal Implications
5.5.1 The decision made by this sub-committee is subject to appeal rights to the Magistrates Court. Appeal rights must be included within the decision notice. Where a decision is made that is contrary to the statement of Licensing Policy or is contrary to statutory guidance members must clearly state their grounds for departing from those documents within the decision notice.
5.6 Any Other Implications
5.6.1 The duties to take steps appropriate to promote the licensing objectives are referred to throughout this report.
6 Comment from Portfolio Holder
6.1 None
7 Communication and Consultation
7.1 This application was subject to a statutory consultation period and was advertised in accordance with the Licensing Act 2003 (Premises and Club Premises certificates) Regulations 2005.In addition the relevant local ward councillors were consulted during the statutory consultation period.
8 Conclusion
8.1 The sub-committee must consider the application on its own individual merits and take into account all relevant matters then determine the application by taking the steps it considers appropriate to promote the licensing objectives. The options available to the committee are detailed within paragraph 2.2 of this report.
© Queen’s Printer and Controller of HMSO 2009
Basingstoke and DeaneApplication for a premises licenceLicensing Act 2003
For help contact
Telephone: 01256 844844
* required information
Section 1 of 19
You can save the form at any time and resume it later. You do not need to be logged in when you resume.
System reference Not Currently In Use This is the unique reference for this application generated by the system.
Your reference You can put what you want here to help you track applications if you make lots of them. It is passed to the authority.
Are you an agent acting on behalf of the applicant?
Yes No
Put "no" if you are applying on your own behalf or on behalf of a business you own or work for.
Applicant Details
* First name
* Family name
Main telephone number Include country code.
Other telephone number
Indicate here if you would prefer not to be contacted by telephone
Are you:
Applying as a business or organisation, including as a sole trader
Applying as an individual
A sole trader is a business owned by one person without any special legal structure. Applying as an individual means you are applying so you can be employed, or for some other personal reason, such as following a hobby.
Applicant Business* Is your business registered in the UK with Companies House?
Yes No
* Registration number 09963389
* Business name Stage Live Ltd.If your business is registered, use its registered name.
* VAT number - Applied for Put "none" if you are not registered for VAT.
* Legal status Private Limited Company
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
* Your position in the business Director & shareholder
Home country United KingdomThe country where the headquarters of your business is located.
Registered Address
* Building number or name Stage
* Street Churchill Way
District
* City or town Basingstoke
County or administrative area
* Postcode RG217QU
* Country United Kingdom
Address registered with Companies House.
Section 2 of 19
PREMISES DETAILS
I/we, as named in section 1, apply for a premises licence under section 17 of the Licensing Act 2003 for the premises described in section 2 below (the premises) and I/we are making this application to you as the relevant licensing authority in accordance with section 12 of the Licensing Act 2003.
Premises Address
Are you able to provide a postal address, OS map reference or description of the premises?
Address OS map reference Description
Postal Address Of Premises
Building number or name Stage
Street Churchill Way
District
City or town Basingstoke
County or administrative area
Postcode RG21 7QU
Country United Kingdom
Further Details
Telephone number 01256 463108
Non-domestic rateable value of premises (£) 107,000
© Queen’s Printer and Controller of HMSO 2009
Section 3 of 19
APPLICATION DETAILS
In what capacity are you applying for the premises licence?
An individual or individuals
A limited company
A partnership
An unincorporated association
A recognised club
A charity
The proprietor of an educational establishment
A health service body
A person who is registered under part 2 of the Care Standards Act
2000 (c14) in respect of an independent hospital in Wales
A person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of that Part) in an independent hospital in England
The chief officer of police of a police force in England and Wales
Other (for example a statutory corporation)
Confirm The Following
I am carrying on or proposing to carry on a business which involves the use of the premises for licensable activities
I am making the application pursuant to a statutory function
I am making the application pursuant to a function discharged by virtue of Her Majesty's prerogative
Section 4 of 19
NON INDIVIDUAL APPLICANTS
Provide name and registered address of applicant in full. Where appropriate give any registered number. In the case of a partnership or other joint venture (other than a body corporate), give the name and address of each party concerned.
Non Individual Applicant's Name
Name Stage Live Ltd.
Details
Registered number (where applicable) 09963389
Description of applicant (for example partnership, company, unincorporated association etc)
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
Limited company
Address
Building number or name Units 2-3
Street Blandys Farm
District Malshanger
City or town Basingstoke
County or administrative area Hampshire
Postcode RG23 7ES
Country United Kingdom
Contact Details
E-mail [email protected]
Telephone number 01256 463108
Other telephone number 07500 979109
Add another applicant
Section 5 of 19
OPERATING SCHEDULE
When do you want the premises licence to start? 27 / 04 / 2016
dd mm yyyy
If you wish the licence to be valid only for a limited period, when do you want it to end
/ / dd mm yyyy
Provide a general description of the premises
For example the type of premises, its general situation and layout and any other information which could be relevant to the licensing objectives. Where your application includes off-supplies of alcohol and you intend to provide a place for consumption of these off- supplies you must include a description of where the place will be and its proximity to the premises.
Live performance venue, hosting ticketed events. The trading area is to be over 2 floors broken down into two main areas (Main arena and VIP balcony) there are to be 3 public bars and a food kiosk with the addition of a private artists' green room.
If 5,000 or more people are expected to attend the premises at any one time, state the number expected to attend
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
Section 6 of 19
PROVISION OF PLAYS
Will you be providing plays?
Yes No
Section 7 of 19
PROVISION OF FILMS
Will you be providing films?
Yes No
Section 8 of 19
PROVISION OF INDOOR SPORTING EVENTS
Will you be providing indoor sporting events?
Yes No
Standard Days And Timings
MONDAY
Start 12:00 End 23:00
Start End
Give timings in 24 hour clock. (e.g., 16:00) and only give details for the days of the week when you intend the premises to be used for the activity.
TUESDAY
Start 12:00 End 23:00
Start End
WEDNESDAY
Start 12:00 End 23:00
Start End
THURSDAY
Start 12:00 End 23:00
Start End
FRIDAY
Start 12:00 End 23:00
Start End
SATURDAY
Start 12:00 End 23:00
Start End
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
SUNDAY
Start 12:00 End 23:00
Start End
State type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified.
Potential viewing or performances of stage based "sporting" events such as darts, pool, rugby etc.
State any seasonal variations for indoor sporting events
For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non-standard timings. Where the premises will be used for indoor sporting events at different times from those listed in the column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
Section 9 of 19
PROVISION OF BOXING OR WRESTLING ENTERTAINMENTS
Will you be providing boxing or wrestling entertainments?
Yes No
Section 10 of 19
PROVISION OF LIVE MUSIC
Will you be providing live music?
Yes No
Standard Days And Timings
MONDAY
Start 12:00 End 11:00
Start End
Give timings in 24 hour clock. (e.g., 16:00) and only give details for the days of the week when you intend the premises to be used for the activity.
TUESDAY
Start 12:00 End 11:00
Start End
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
WEDNESDAY
Start 12:00 End 11:00
Start End
THURSDAY
Start 12:00 End 01:30
Start End
FRIDAY
Start 12:00 End 01:30
Start End
SATURDAY
Start 12:00 End 01:30
Start End
SUNDAY
Start 12:00 End 01:30
Start End
Will the performance of live music take place indoors or outdoors or both?
Indoors Outdoors Both
Where taking place in a building or other structure tick as appropriate. Indoors may include a tent.
State type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified.
Live bands Solo artists Live DJ/producer performances
State any seasonal variations for the performance of live music
For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non-standard timings. Where the premises will be used for the performance of live music at different times from those listed in the column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
Where Christmas Eve and New Years Eve fall upon a Monday, Tuesday or Wednesday we request that Thursday to Sunday Hours be permitted
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
Section 11 of 19
PROVISION OF RECORDED MUSIC
Will you be providing recorded music?
Yes No
Standard Days And Timings
MONDAY
Start 12:00 End 00:00
Start End
Give timings in 24 hour clock. (e.g., 16:00) and only give details for the days of the week when you intend the premises to be used for the activity.
TUESDAY
Start 12:00 End 00:00
Start End
WEDNESDAY
Start 12:00 End 00:00
Start End
THURSDAY
Start 12:00 End 02:30
Start End
FRIDAY
Start 12:00 End 02:30
Start End
SATURDAY
Start 12:00 End 02:30
Start End
SUNDAY
Start 12:00 End 02:30
Start End
Will the playing of recorded music take place indoors or outdoors or both?
Indoors Outdoors Both
Where taking place in a building or other structure tick as appropriate. Indoors may include a tent.
State type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified.
Live DJ performances Playing of pre-recorded/playlist music (during entry & exit periods)
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
State any seasonal variations for playing recorded music
For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non-standard timings. Where the premises will be used for the playing of recorded music at different times from those listed in the column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
Where Christmas Eve and New Years Eve fall upon a Monday, Tuesday or Wednesday we request that Thursday to Sunday Hours be permitted
Section 12 of 19
PROVISION OF PERFORMANCES OF DANCE
Will you be providing performances of dance?
Yes No
Standard Days And Timings
MONDAY
Start 12:00 End 11:00
Start End
Give timings in 24 hour clock. (e.g., 16:00) and only give details for the days of the week when you intend the premises to be used for the activity.
TUESDAY
Start 12:00 End 11:00
Start End
WEDNESDAY
Start 12:00 End 11:00
Start End
THURSDAY
Start 12:00 End 01:30
Start End
FRIDAY
Start 12:00 End 01:30
Start End
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
SATURDAY
Start 12:00 End 01:30
Start End
SUNDAY
Start End 01:30
Start End
Will the performance of dance take place indoors or outdoors or both?
Indoors Outdoors Both
Where taking place in a building or other structure tick as appropriate. Indoors may include a tent.
State type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified.
Performances of on-stage dance acts. Performances of dance often form a part of various other stage acts that will be booked.
State any seasonal variations for the performance of dance
For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non-standard timings. Where the premises will be used for the performance of dance at different times from those listed in the column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
Where Christmas Eve and New Years Eve fall upon a Monday, Tuesday or Wednesday we request that Thursday to Sunday Hours be permitted
Section 13 of 19
PROVISION OF ANYTHING OF A SIMILAR DESCRIPTION TO LIVE MUSIC, RECORDED MUSIC OR PERFORMANCES OF DANCEWill you be providing anything similar to live music, recorded music or performances of dance?
Yes No
Standard Days And Timings
MONDAY
Start 12:00 End 11:00
Start End
Give timings in 24 hour clock. (e.g., 16:00) and only give details for the days of the week when you intend the premises to be used for the activity.
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
TUESDAY
Start 12:00 End 11:00
Start End
WEDNESDAY
Start 12:00 End 11:00
Start End
THURSDAY
Start 12:00 End 01:30
Start End
FRIDAY
Start 12:00 End 01:30
Start End
SATURDAY
Start 12:00 End 01:30
Start End
SUNDAY
Start 12:00 End 01:30
Start End
Give a description of the type of entertainment that will be provided
Some acts, (for example percussion acts live "Stomp" etc. may fall into this category).
Will this entertainment take place indoors or outdoors or both?
Indoors Outdoors Both
Where taking place in a building or other structure tick as appropriate. Indoors may include a tent.
State type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified.
State any seasonal variations for entertainment
For example (but not exclusively) where the activity will occur on additional days during the summer months.
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
Non-standard timings. Where the premises will be used for entertainment at different times from those listed in the column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
Where Christmas Eve and New Years Eve fall upon a Monday, Tuesday or Wednesday we request that Thursday to Sunday Hours be permitted
Section 14 of 19
LATE NIGHT REFRESHMENT
Will you be providing late night refreshment?
Yes No
Standard Days And Timings
MONDAY
Start 12:00 End 00:00
Start End
Give timings in 24 hour clock. (e.g., 16:00) and only give details for the days of the week when you intend the premises to be used for the activity.
TUESDAY
Start 12:00 End 00:00
Start End
WEDNESDAY
Start 12:00 End 00:00
Start End
THURSDAY
Start 12:00 End 03:00
Start End
FRIDAY
Start 12:00 End 03:00
Start End
SATURDAY
Start 12:00 End 03:00
Start End
SUNDAY
Start 12:00 End 03:00
Start End
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
Will the provision of late night refreshment take place indoors or outdoors or both?
Indoors Outdoors Both Where taking place in a building or other structure tick as appropriate. Indoors may include a tent.
State type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified.
Serving of food and coffee, etc. from a fixed food counter (largely to aid in dispersal process).
State any seasonal variations
For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non-standard timings. Where the premises will be used for the supply of late night refreshments at different times from those listed in the column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
Where Christmas Eve and New Years Eve fall upon a Monday, Tuesday or Wednesday we request that Thursday to Sunday Hours be permitted
Section 15 of 19
SUPPLY OF ALCOHOL
Will you be selling or supplying alcohol?
Yes No
Standard Days And Timings
MONDAY
Start 12:00 End 11:00
Start End
Give timings in 24 hour clock. (e.g., 16:00) and only give details for the days of the week when you intend the premises to be used for the activity.
TUESDAY
Start 12:00 End 11:00
Start End
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
WEDNESDAY
Start 12:00 End 11:00
Start End
THURSDAY
Start 12:00 End 02:30
Start End
FRIDAY
Start 12:00 End 02:30
Start End
SATURDAY
Start 12:00 End 02:30
Start End
SUNDAY
Start 12:00 End 02:30
Start End
Will the sale of alcohol be for consumption:
On the premises Off the premises Both
If the sale of alcohol is for consumption on the premises select on, if the sale of alcohol is for consumption away from the premises select off. If the sale of alcohol is for consumption on the premises and away from the premises select both.
State any seasonal variations
For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non-standard timings. Where the premises will be used for the supply of alcohol at different times from those listed in the column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
Where Christmas Eve and New Years Eve fall upon a Monday, Tuesday or Wednesday we request that Thursday to Sunday Hours be permitted
State the name and details of the individual whom you wish to specify on the licence as premises supervisor
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
Name
First name
Family name
Enter the contact's address
Building number or name
Street
District
City or town
County or administrative area
Postcode
Country
Personal Licence number (if known)
Issuing licensing authority (if known)
PROPOSED DESIGNATED PREMISES SUPERVISOR CONSENT
How will the consent form of the proposed designated premises supervisor be supplied to the authority?
Electronically, by the proposed designated premises supervisor
As an attachment to this application
Reference number for consent form (if known)
If the consent form is already submitted, ask the proposed designated premises supervisor for its 'system reference' or 'your reference'.
Section 16 of 19
ADULT ENTERTAINMENT
Highlight any adult entertainment or services, activities, or other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children
Give information about anything intended to occur at the premises or ancillary to the use of the premises which may give rise to concern in respect of children, regardless of whether you intend children to have access to the premises, for example (but not exclusively) nudity or semi-nudity, films for restricted age groups etc gambling machines etc.
None of any kind.
Section 17 of 19
HOURS PREMISES ARE OPEN TO THE PUBLIC
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
Standard Days And Timings
MONDAY
Start 12:00 End 00:00
Start End
Give timings in 24 hour clock. (e.g., 16:00) and only give details for the days of the week when you intend the premises to be used for the activity.
TUESDAY
Start 12:00 End 00:00
Start End
WEDNESDAY
Start 12:00 End 00:00
Start End
THURSDAY
Start 12:00 End 03:00
Start End
FRIDAY
Start 12:00 End 03:00
Start End
SATURDAY
Start 12:00 End 03:00
Start End
SUNDAY
Start 12:00 End 03:00
Start End
State any seasonal variations
For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non standard timings. Where you intend to use the premises to be open to the members and guests at different times from those listed in the column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
Where Christmas Eve and New Years Eve fall upon a Monday, Tuesday or Wednesday we request that Thursday to Sunday Hours be permitted
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...
Section 18 of 19
LICENSING OBJECTIVES
Describe the steps you intend to take to promote the four licensing objectives:
a) General – all four licensing objectives (b,c,d,e)
List here steps you will take to promote all four licensing objectives together.
Stage will conduct business on the principle of socially responsible, high quality, stage-based, ticketed entertainment and strictly NOT on the idea of drinking. No point-of-sale alcoholic drink promotions will be undertaken (for example: discounted drink brands or 2-for-1 offers), all marketing will be centered only around the promotion of quality entertainment. ALL staff will be thoroughly trained in the meaning and implementation of the 4 licensing objectives through the company's policies and procedures and in their individual responsibilities to achieve total compliance. The venue will put on a variety of performances and acts which appeal to an extensive age and genre group thereby preventing a specific demographic of "young binge-drinkers" and the poor associated reputation of such venues. (i.e. we will ensure that we LIMIT the quantity of acts that appeal to the 18-25 age group and those genres associated with issues). The good reputation of the venue is of paramount importance to ensure that families and older groups remain enthusiastic about attending events. Weekly management meetings will be held to ensure that this objective is achieved and that particular attention is paid to the wellbeing of neighboring residents. Particular attention is to be paid to the "dispersal procedure" whereby we ensure that a slow and controlled method of releasing public into the surrounding area is implemented and that our specially employed stewards in the vicinity of the venue ensure that noise, crime and any other form of public nuisance is deterred and prevented so far as practicable. On family orientated events, strict controls will be implemented to ensure the safety of minors and the complete separation of alcohol sales to a restricted area.
b) The prevention of crime and disorder
No person will be allowed to bring open or sealed bottles of any description onto the premises. No person will be allowed to leave the premises with any alcohol. CCTV will be installed on the premises and will be kept in good working order. The CCTV cameras will continually record whilst licensable activities are taking place, recordings will be kept available for a minimum of 30 days with date and time stamping. Members of the Security Team and senior management will be fully trained in the use of the system and a staff member who is conversant with the operation of the CCTV system will be present on the premises at all times when open to the public. Recorded data will be stored in strict compliance with the Data Protection Act 2003. A notice will be displayed at the entrance to the premises stating that CCTV is in operation and that images and video are being recorded for the purposes of public safety, crime detection and prevention. An incident book will be kept in the management suite in which all incidents of suspected or actual crime and disorder will be recorded when related to licensable activity. This will be the responsibility of the security and management teams. This log will be reviewed by senior management in association with the Designated Premises Supervisor and will be available on request to any authorised person. Any vessels into which drink is dispensed in the VIP area will be made from suitable materials to ensure Public Safety; this will not be any form of standard glass. All glass bottles will be decanted into polycarbonate composite after 11pm. With the exception of bottled beers and lagers served before 11pm any drinking vessels used in the main area will be made of polycarbonate composite. Prior to 11pm floor walkers and security teams will use their best endeavours to ensure that no
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...glass bottles remain in any areas available to the public. On any occasion that the venue is open to the public, not less than three SIA registered door supervisors will be engaged to control entry. At least one female door supervisor will be engaged at the premises at such times as door supervisors are required to be provided. These numbers will be increased to ensure that guidelines are met with regards to SIA registered door supervisors in relation to persons attending events. No person who is drunk or disorderly will be allowed access to the premises or to be permitted to remain on the premises. So far as practicable, STAGE will ensure whatever assistance is available is afforded to those individuals to ensure their wellbeing. No person who is the subject of a court banning order will or who is restricted access through a Pub watch Scheme will be allowed in the premises provided the details of such persons have been provided to the premises by the Police. STAGE does not wish to be associated with illegal drugs or its associated culture. The licensee will cooperate with the responsible authorities in relation to dealing with issues of drugs on the premises and has a drug policy in place. The drug policy describes the detailed process for dealing with persons attempting to access the venue with illegal substances and “legal highs”, internal checks which cover all public access areas for both substances and “drug use paraphernalia”, and behavioural monitoring. Any items detained in regard to the company drug policy will be securely bagged and held in the management suite safe until such time as they can be collected by the appropriate authority. The management and security teams will receive full induction training and quarterly refresher training on the company’s full drug policy, records of this training will be held in the staff training file in the management suite. A written search policy that aims to prevent customers or staff bringing illegal drugs, weapons or any other item of concern or inappropriate nature onto the premises at any time will be in place and operate at the premises. A security arch will be installed at a suitable point by the entrance to the venue to aid in the detection of unauthorised objects; wands may be used as an extra means of detection where required, random searches will take place of those suspected of carrying drugs or items of concern. Items will be securely bagged and held in the management suite safe until such time as they can be collected by the appropriate authority. STAGE will operate a Challenge 25 policy. Photographic driving licences, passports or identification with the PASS hologram will be used as evidence to confirm the age of anyone who appears to be under 18. All staff will be trained in the appropriate practices to ensure they remain compliant with this condition. Records of this training will be kept in the staff training file in the management suite. STAGE will use the ID-Scan system at the point of entry to verify all forms of ID are valid and have not been altered or defaced in any way. Any person(s) attempting to use questionable forms of ID will be refused entry. Any requirement from the Police with regard to retention of these items will be fully complied with. STAGE will be a member of a local pub watch scheme Members of staff that serve alcohol will be fully trained to ensure that no person who is drunk, disorderly or who appears to be under the age of 18 years will be served with intoxicating liquor, such training to be repeated every 6 months or as changes in legislation require. Training records will be kept in the staff training file STAGE will not partake in any point of sale alcoholic drinks promotions (such as 2for1) nor will we price our alcoholic drinks to encourage unsociable and irresponsible drinking behaviour.
c) Public safety
Records will be documented of all accidents and safety incidents involving members of the public in an incident log book to be held in the management suite. Any entries will be discussed at a weekly management meeting held by the DPS and company directors, resolutions for future avoidance of incidents will be implemented and the log updated to indicate full
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...management sign-off. The log will be made available at the request of an authorised officer. Monthly safety checks of the premises including decorative and functional fixtures, floor surfaces and equipment (including electrical appliances) to which the public may come into contact, will be undertaken. Records of these safety checks will be kept and made available for inspection at any time by an authorised officer. A written spillage policy will be kept to ensure that all spillages are dealt with in a timely and safe manner. This will be the responsibility of our dedicated floor walkers to ensure that these hazards are dealt with quickly. Stage will ensure appropriate and frequent bar waste disposal, particularly of glass bottles. Members of the public will be prevented from entering hot food and drink preparation areas to prevent risks from scalds and burns. Adequate and appropriate First Aid equipment and materials will be available on the premises. STAGE has a dedicated First Aid room situated in the front reception area. This room will be kept locked at all times when not in use and keys will be held by management, trained first aiders and door staff as appropriate. A record of key allocation will be kept in the management suite and a qualified First Aider will remain in the vicinity of the First Aid room, with a key, whenever the venue is open to the public. An accurate record will be kept of the number of persons admitted to each part of the premises by means of a clicker system used by the door supervisors. Records will be retained of admissions for two months and made available to the responsible authorities. All fire escape routes and access to emergency vehicles will be kept unobstructed and will be clearly identifiable. All fire exit doors will be checked before the premises opens for trading to the public and records of these checks will be maintained. All firefighting equipment will be maintained in good working order and shall be available for immediate use. Such equipment will be inspected annually by a competent person and records of those inspections will be kept at the premises for at least 12 months and made available for inspection by Hampshire Fire and Rescue. All emergency lighting and fire safety signage will be maintained in good working order and will not be altered without the approval of the Fire authority. Free drinking water will be provided for all customers and available at all times.
d) The prevention of public nuisance
STAGE will adopt a bespoke dispersal policy for the venue that will allow for gradual egress from the premises over a period that enables proactive management and prevention of public nuisance. Static outdoor stewards wearing high visibility and branded clothing will be employed to ensure the maximum possible level of effectiveness during the dispersal procedure. STAGE will provide any of the responsible authorities with a copy of this if requested. Prominent signage will be displayed at all exits from the premises requesting that customers leave quietly and in careful consideration of local residents. Customers permitted to temporarily leave and then re-enter the premises e.g. to smoke in the designated area, will not be permitted to take alcohol with them. Noise or vibration from within the premises or from any plant machinery or equipment will not emanate from the premises so as to cause a nuisance to any residential dwelling. Regular checks in the surrounding area will be made to ensure that noise from the interior of the building does not cause a nuisance to local residents. The Licence holder will make available a contact telephone number to nearby residents and the Basingstoke and Deane
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...Licensing Team to be used in the event of any form of concern.
e) The protection of children from harm
A person under the age of 12 will only visit the venue with a responsible adult when an event especially organised for family entertainment takes place. On such events alcohol will only be available from and in the upstairs area, entrance to this area will be prohibited to Under 18’s. Alcohol will not be permitted to be removed from this area. Any event open to minors will be conducted with responsibly reduced sound levels. At all times STAGE will maintain a comprehensive policy for the protection of children. Refusal records will be maintained where sales of alcohol are refused due to an individual being, or appearing to be, under18 years of age. The till system will record the date and time of the refusal and the name of the member of staff who refused the sale. A weekly report of all refusals will be discussed at the weekly management meeting where any requirement for training or policy change will be identified and signed off by the DPS. These reports will be kept in a refusals log and kept in the management suite, this log will be made available on request to the Police or any authorised person All staff will be trained in our challenge 25 policy to ensure that no person under the age of 18 will be sold intoxicating liquor, this is to include the need for any person who looks under 25 to provide evidence of their age. Photographic driving licences, passports and identification with the PASS hologram will be used as evidence of anyone who appears to be under the age of 18. Signs will be displayed at the bar stating that any person who appears under the age of 18 will not be served intoxicating liquor and which explains the Challenge 25 policy.
Section 19 of 19
PAYMENT DETAILS
This fee must be paid to the authority. If you complete the application online, you must pay it by debit or credit card.
Premises Licence Fees are determined by the non domestic rateable value of the premises. To find out a premises non domestic rateable value go to the Valuation Office Agency site at http://www.voa.gov.uk/business_rates/index.htm Band A - No RV to £4300 £100.00 Band B - £4301 to £33000 £190.00 Band C - £33001 to £8700 £315.00 Band D - £87001 to £12500 £450.00* Band E - £125001 and over £635.00* *If the premises rateable value is in Bands D or E and the premises is primarily used for the consumption of alcohol on the premises then your are required to pay a higher fee Band D - £87001 to £12500 £900.00 Band E - £125001 and over £1,905.00 There is an exemption from the payment of fees in relation to the provision of regulated entertainment at church halls, chapel halls or premises of a similar nature, village halls, parish or community halls, or other premises of a similar nature. The costs associated with these licences will be met by central Government. If, however, the licence also authorises the use of the premises for the supply of alcohol or the provision of late night refreshment, a fee will be required. Schools and sixth form colleges are exempt from the fees associated with the authorisation of regulated entertainment where the entertainment is provided by and at the school or college and for the purposes of the school or college. If you operate a large event you are subject to ADDITIONAL fees based upon the number in attendance at any one time Capacity 5000-9999 £1,000.00 Capacity 10000 -14999 £2,000.00 Capacity 15000-19999 £4,000.00 Capacity 20000-29999 £8,000.00
© Queen’s Printer and Controller of HMSO 2009
Continued from previous page...Capacity 30000-39000 £16,000.00 Capacity 40000-49999 £24,000.00 Capacity 50000-59999 £32,000.00 Capacity 60000-69999 £40,000.00 Capacity 70000-79999 £48,000.00 Capacity 80000-89999 £56,000.00 Capacity 90000 and over £64,000.00
* Fee amount (£) 450.00
DECLARATION1
* I/we understand it is an offence, liable on conviction to a fine up to level 5 on the standard scale, under section 158 of the licensing act 2003, to make a false statement in or in connection with this application.
1
* I understand that I must now advertise my application in a locally ciruclating newspaper (or if there is none, in a local newsletter, circular or similar document) circulating in the vicinity of the premises, at least once during the 10 working days after the application is given to the relevant licensing authority.
1
*
I understand that I must display a public notice outside the premises for 28 consecutive days, on pale blue A4 (or larger), printed legibly in black ink or typed in black, in a size equal (or larger) to 16 font, prominently at or on the premises to which the application relates. Where the premises covers an area of more than 50 metre squared, the same notice must be placed every 50 metres along the external perimeter of the premises.
Ticking this box indicates you have read and understood the above declaration
This section should be completed by the applicant, unless you answered "Yes" to the question "Are you an agent acting on behalf of the applicant?”
* Full name
* Capacity Director
* Date 26 / 02 / 2016 dd mm yyyy
Add another signatory
Once you're finished you need to do the following: 1. Save this form to your computer by clicking file/save as...2. Go back to https://www.gov.uk/apply-for-a-licence/premises-licence/basingstoke-and-deane/apply-1 to upload this file and continue with your application.Don't forget to make sure you have all your supporting documentation to hand.
IT IS AN OFFENCE, LIABLE ON SUMMARY CONVICTION TO A FINE NOT EXCEEDING LEVEL 5 ON THE STANDARD SCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003, TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THIS APPLICATION
© Queen’s Printer and Controller of HMSO 2009
OFFICE USE ONLY
Applicant reference number
Fee paid
Payment provider reference
ELMS Payment Reference
Payment status
Payment authorisation code
Payment authorisation date
Date and time submitted
Approval deadline
Error message
Is Digitally signed
< Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next >
Stage - Licensed areas (1st Floor)All RED areas indicated public access areasConsumption of alcohol permitted in these areas
STAGE - Areas for licensable activities (1st floor)
STAGEFESTIVAL PLACEBASINGSTOKE
REFURBISHMENT TO PROVIDENEW ENTERTAINMENT FOCUSED
PERFORMANCE VENUE
MR024 V0.6
Head of Street Scene, Parks and Regulatory Services, BDBC, Civic Offices, London Road, Basingstoke RG21 4AH
Hampshire Fire and Rescue Service HQ Business Fire Safety
Leigh Road Eastleigh
Hampshire SO50 9SJ
Tel: 02392 855180
Email: [email protected]
Dear Sir
I am in receipt of a copy of the application for the grant of a New Premises Licence dated 3 March 2016. Further to my letter of 15/03/16 I would notify you that Hampshire Fire and Rescue Service (The Fire and Rescue Authority) does now wish to make representations to the licensing Authority at this time. The premises is currently the subject of a Building Regulations Application, however the Applicant has not submitted the required plans to allow for a consultation with my Officer and the Building Control Authority (Basingstoke& Deane Council) to take place. These plans would be required to show the Fire Safety provisions for the building. Previously the Applicant had advised the Building Control Authority and my Officer that detailed plans showing Fire safety provisions would be submitted in good time, but these have not yet been received. There is some significant structural work proposed to be carried out, to which the Building Control Officer requires to be consulted on. As the proposed structural changes effect the Means of Escape in Case of Fire, my Officer would require conformation of the suitability of the alterations from The Building Control Officer. In regards to Fire Safety provisions, the Applicant should resubmit the application with the following information:
A plan of the premises to be licensed (scale 1:100)
Detail of fire safety provisions: this should include details of fire alarm and detection, emergency signage, emergency lighting and fire extinguishers
A copy of this letter has been forwarded to the applicant for information.
Continued
Any queries concerning these matters may be directed to the officer detailed above but any correspondence should be addressed to me.
Hampshire Fire and Rescue Service HQ
Business Fire Safety Leigh Road
Eastleigh Hampshire SO50 9SJ
Tel: 02392 855180
Email: [email protected]
With Compliments
Appendix 6 – Relevant Extracts from the Basingstoke and Deane Borough
Council Statement of Licensing Policy 2013 – 2017.
The Licensing Authority will regulate licensable activities at licensed and unlicensed
premises in the combined interests of the public and licensed trades, and recognises
that these activities contribute to the quality of lives of the borough’s residents,
businesses and visitors and help support the local economy.
5.7 To achieve this aim the council is committed to partnership working with the
responsible authorities, local businesses, licensing trade, residents, those involved in
the protection of children and other interested parties towards the promotion of the
objectives. The council will ensure that it takes into account the views of these
stakeholders and ensure proper integration of local crime prevention, planning,
transport, employment, tourism and cultural strategies.
5.8 The Licensing Authority aims to balance the protection of the amenity of the
local population with the expectations and ability of local businesses to operate in an
environment that is attractive and sustainable for their business. The Policy aims to
minimise the impacts of licensable activities on residents, visitors, stakeholders and
the environment.
6.2 Where premises such as pubs are alcohol-based, they are encouraged to
consider diversifying their provisions so as to encourage a mixed customer-base and
wider attractions, including community uses, soft refreshments, snacks and live
entertainment. Diversification is important in the promotion of the licensing
objectives as well as ensuring a sustainable economic future for premises.
6.11 Designated Premises Supervisor (DPS) at alcohol licensed premises.
Whilst this role has a limited definition under the Licensing Act 2003, it is expected
that this person nominated on a licence will have overall responsibility for the day to
day management and control of the licensed premises and in particular be
responsible for the safe receipt, storage and sale of alcohol.
6.12 The Licensing Authority would expect the DPS to be onsite at the licensed
premises for the majority of time when alcohol is being sold subject to working hours’
legislation and absence for sickness and holidays. The Licensing Authority expects
the DPS to provide training to staff in relation to alcohol sales and to authorise the
employees the DPS considers competent to sell alcohol on their behalf in writing.
6.13 The Licensing Authority expects that a DPS should have responsibility for only
one licensed premises at a time to ensure good management of the premises and
the licensable activities. Where the same person is a nominated DPS on more than
one premises licence and representations are made, the Licensing Authority will
wish to satisfy itself that the premises in question can properly be managed by that
person whilst responsibly promoting the licensing objectives.
6.14 Live Music - It is acknowledged the implementation of the Live Music Act in
2012 has resulted in a lighter touch regulation of live music up to 11pm on alcohol
licensed premises, and this is seen as a positive approach for premises wishing to
provide live music. However, the Licensing Authority does not see this as an
opportunity for licensees to provide live music events that cause nuisance and
disturbance to local residents or businesses.
6.15 The Licensing Authority expects that where unregulated live music is
proposed at licensed premises, all due care and consideration is taken to prevent
disturbance. The council will consider using its powers under the Environmental
Protection Act 1990 to prevent and control public nuisance caused by poorly
managed live music at licensed premises.
7.10 The Licensing Authority as a Responsible Authority. The Licensing
Authority has carefully considered its role as a Responsible Authority under the Act.
It will achieve a separation of responsibilities through procedures and approved
delegations within the authority to ensure procedural fairness and eliminate conflicts
of interest. A separation is achieved by allocating distinct functions (i.e. those of
Licensing Authority and Responsible Authority) to different officers within the
licensing team.
8 LICENSING AUTHORITY POLICY APPROACH TO LICENSING IN THE
TOWN CENTRE
8.1 Basingstoke Town Centre is the area that contains the highest concentration
of licensed premises of all types and contains the area covered within the Purple
Flag accredited area. The Town Centre is where large numbers of people go for a
night out to eat and/or drink or enjoy a film, concert or play and that many wish to
enjoy the facilities into the early hours. It also accepts that the majority of the
customers are well behaved and respectful of others.
8.2 TOP OF THE TOWN. The Top of the Town with its historic buildings and
unique independent units houses the majority of the late night economy premises
and offers a cultural mix of restaurants, bars and pubs with live and recorded music,
a range of menus as well as the historic Haymarket Theatre. This area is currently
subject to an ambitious regeneration and improvement programme including an
element of residential properties that will upgrade much of the fabric of the area,
whilst still maintaining the historic charm.
8.3 The Top of Town currently contains several alcohol led premises that trade
until 3am and 4am. The Licensing Authority will consider carefully the impacts of
any new or variation applications for late hours for premises within this area that may
arise out of the regeneration to ensure the character of the locality is retained.
However, a presumption will be made to grant hours no later than between
12midnight and 2am at the top of town.
8.4 Careful consideration will be given to new or variation applications seeking
closing times after midnight on London Street and Winchester Street to prevent
nuisance to residents in nearby accommodation . It is likely that premises closing
times will be restricted to between 12 midnight and 2 am in these streets and in other
streets where licensed premises are close to residential areas in the town.
8.5 This policy will be applied to regulate and promote licensable activities in the
improved Top of Town area to encourage a diverse range of experiences for the
customer and opportunities for a broad range of offerings in that area to complement
the unique charm and historic importance.
8.6 Closing times. It is acknowledged that a range of different closing hours
prevents customers leaving all the licensed premises simultaneously, creating a
concentration of people within the town centre and also allows for more efficient and
staggered use of public transport to get home. As a result, the Licensing Authority
will not set a fixed closing time for all premises and will promote varied closing times.
At the same time it will monitor the impact of staggered closing times to identify any
benefits or disadvantages.
8.7 The Licensing Authority in its partnership role with the Police, aims to maintain
the current status of low numbers of crimes and antisocial behaviour within the Town
Centre, but will use the licensing process where necessary to tackle any increases
and in particular those issues that can be attributed to a specific licensed premises.
8.8 The Licensing Authority will expect all applicants for new licences and for
variations to existing licences in the Town Centre area to include a detailed operating
schedule within the application to ensure that their new business or changes to the
operation of their business enhances and compliments the existing style and
characteristics of the Top of Town and does not create a negative impact.
8.9 Where matters of concern arise from an application which generates
representations, the Licensing Authority will, where appropriate control, or restrict
trading hours and/or activities and impose appropriate and proportionate licence
conditions to adequately mitigate those concerns where evidence supports such
control in order to promote the licensing objectives.
8.10 Where noise nuisance arises from customers some distance from licensed
premises affecting local residents which is caused by customers leaving the late
night premises, the council may use its powers under the Environmental Protection
Act 1990 where evidence is obtained of statutory nuisance.
24 LICENCE CONDITIONS
24.1 A key concept in the Licensing Act is that conditions that are attached to
licences or certificates are tailored to suit the individual style and characteristics of
the premises and its activities and the impact of those activities. Those conditions
will be deemed appropriate and proportionate in order to promote the licensing
objectives at that premises.
24.2 All licences that authorise the sale of alcohol will be subject to the mandatory
conditions set out in the Licensing Act 2003 (Mandatory Licensing Conditions) Order
2010. A copy of those conditions can be found on the Council’s website by clicking
here: Mandatory Licensing Conditions for premises selling or supplying alcohol
24.3 Applicants will be expected to include appropriate steps within their operating
schedule which will be converted to conditions on a premises licence or club
premises certificate. Those steps will be expected to be achievable and relevant to
the business in question and will ensure the promotion of each of the four licensing
objectives.
24.4 Where applications receive valid representations and are subject to a hearing,
the sub-committee will consider the evidence provided within representations, the
detail of the application, the nature of the premises and business and only where
appropriate will attach conditions to a licence to secure the promotion of the licensing
objectives in light of the evidence provided.
24.5 Decisions on individual licence conditions will be made on a case by case
basis, and where there are concerns over the effective promotion of the licensing
objectives, the applicant will be expected to offer suggestions on how the objectives
can be met. This authority will work closely with all parties and the applicant in
establishing workable and reasonable conditions for new and variation applications.
24.6 In all cases the Licensing Authority will have regard to the Guidance when
considering the implementation of licence conditions. Further information on the
Guidance can be found at the Home Office website by clicking here: Guidance to the
Licensing Act issued by the Home Office
24.7 In all cases conditions will aim to promote the licensing objectives, be
unambiguous and enforceable, appropriate to the activities and the business,
achievable and applicable to the premises itself and the areas around the premises
which is within the licensees control.
24.8 The Licensing Authority recognises the need to avoid, so far as possible,
duplication with other regulatory systems including Health and Safety at Work, Fire
Safety, Food Hygiene and Nuisance Control. However these regulations may not
cover the unique circumstances of some activities and entertainment. In these
circumstances, the council may therefore, where necessary, attach conditions to
premises licenses for the promotion of the licensing objectives.
24.9 Conditions to promote the Prevention of Crime and Disorder.
Under the Act the Licensing Authority has a duty to promote the licensing objectives,
and, a further duty under the Crime and Disorder Act 1998 to do all it reasonably can
to prevent crime and disorder in the borough.
24.10 The applicant will be expected to detail in their operating schedule how they
will prevent crime and disorder on and close to the premises. Such detail should
reflect the licensable activities on offer, location and character of the area, the nature
of the premises use and the range of customers likely to use the premises.
These may include, but are not limited to, the following:
• Prevention of disorderly conduct and anti-social behaviour
• Prevention of underage drinking
• Prevention of sales of alcohol to intoxicated customers
• Prevention of drunkenness both on and in the vicinity of the premises
• Prevention of drug use and drug dealing
• Restriction of drinks promotions
• Use of safety glass
• Inclusion of a wind-down time following alcohol sales period
• Adequate seating to discourage “vertical drinking”
• The offer of food and snacks or other entertainment or occupation to
discourage persistent drinking
24.11 In busier premises the Licensing Authority would expect to see a short (say
30mins) ‘wind down’ or ‘drinking up’ period allowed for after the cessation time of
entertainment and alcohol sales as this is effective in assisting in a reduction in noise
and exuberance of customers before leaving the premises.
24.12 Where the Licensing Authority determines after consultation with the police
that a premise is one that warrants additional security and monitoring it would expect
applicants to include the provision of SIA approved door staff at the premises at
appropriate times. Relevant premises are usually those used mainly for drinking
alcohol, have later opening hours and are situated within the Town Centre night time
economy area. Applicants will be expected to seek advice from the Police and the
Licensing Authority will give appropriate weight to requests by the Police for
premises to be protected by SIA registered door staff subject to the provision of
relevant evidence.
24.13 Where appropriate, applicants for licences in the Town Centre areas providing
mainly alcohol, music and dancing would be expected to include a provision of safety
glasses to prevent a risk of injury on the rare occasion that a glass may be used as a
weapon.
24.14 The use of CCTV should be considered where appropriate or on the advice
and recommendations of the Police and to a quality and standard approved by the
Police for evidence purposes. Licensees will be expected to fully comply with the
requirements of the Information Commissioners Office and the Data Protection Act
1998 in respect of any surveillance equipment installed at a premises.
24.15 In any application the sub-committee will consider each application on its
individual merits and determine the imposition of conditions that are appropriate to
the objectives.
24.16 Conditions to promote Public Safety.
The applicant will be expected to show that the physical safety of persons attending
the premises will be protected and will offer relevant steps in the operating schedule
to promote this.
24.17 Such steps will not replace the statutory obligation on the applicant to comply
with all relevant legislation under the Health and Safety at Work etc. Act 1973 or
under the Regulatory Reform (Fire Safety) Order 2004.
24.18 Applicants will be expected to have carried out the necessary risk
assessments to ensure safe occupancy levels for the premises. Where a
representation from the Fire Authority suggests that for the promotion of the Public
Safety objective a maximum occupancy should be applied, the Licensing Authority
will consider adding such a limit as a licence condition.
It is expected that an operating schedule will specify occupancy limits for the
following types of licensed premises:
(i) High Volume Vertical Drinking e.g. premises that provide mainly stand up
drinking facilities with limited seating/table space and the prime activity is the sale of
alcohol
(ii) Nightclubs
(iii) Cinemas
(iv) Theatres
(v) Other premises where regulated entertainment is likely to attract a large
number of people.
24.19 Conditions to promote the Prevention of Public Nuisance. The applicant will
be expected to detail steps to prevent nuisance and disturbance arising from the
licensable activities at the premises and from the customers using the premises.
24.20 The applicant will be expected to demonstrate that they have considered the
following and included steps to prevent public nuisance:
(i) Proximity of local residents to the premises
(ii) Licensable activities proposed and customer base
(iii) Hours and nature of operation
(iv) Risk and Prevention of noise leakage from the premises from equipment,
customers and machinery
(v) Prevention of noise from customers leaving the premises and customer pick
up points outside premises and from the Car Park.
(vi) Availability of public transport to and from the premises
(vii) Noise from use of the garden/outside space including smoking shelters.
(viii) Delivery and collection times and locations.
(ix) Impact of external security or general lighting on residents.
(x) History of management of and complaints about the premises.
(xi) Applicant’s previous success in preventing Public Nuisance.
(xii) Outcomes of discussions with the relevant Responsible Authorities.
(xiii) Impact of location, noise and contamination from outside smoking areas on
neighbours and other customers
(xiv) Collection of litter arising from the premises
24.21 Steps to prevent public nuisance may include a range of options including
noise limiting devices, sound insulation, wind down periods, acoustic lobbies,
management of smoking areas etc.
24.22 Steps will differ depending on the individual premises and activities and it is
for the applicant to ensure that reasonable, effective and appropriate steps are
included within the operating schedule.
24.23 Conditions to promote the Protection of Children from Harm.
Applicants will be expected to detail steps to protect children at the premises from
any harm. The Licensing Authority recognises the right of licensees (serving
alcohol) to allow accompanied children into their premises. The Licensing Authority
would not seek to restrict access by children (above that specified in the Act) unless
it is necessary for the prevention of physical, moral or psychological harm.
24.24 Steps to prevent children from harm must be included where:
(i) There is entertainment or services of an adult nature provided.
(ii) There have been previous convictions for under age sales of alcohol.
(iii) There is a known association with drug taking or dealing.
(iv) There is a significant element of gambling on the premises.
(v) There is a presumption that children under 18 should not be permitted entry
such as to nightclubs (apart from when specific events are held for under 18’s).
(vi) Outcomes of discussions with relevant Responsible Authorities suggest such
steps are applicable.
24.25 Nothing in the Licensing Act prevents licensees from excluding children from
a licensed premises and no condition can be added to require the admission of
children.
24.26 Where there are no matters that give rise to concern in respect of children at
premises the Licensing Authority would expect to see the relevant box on an
application form completed to specify NONE.
28.1 Adult entertainment. The Licensing Authority has adopted Schedule 4 of the
Local Government (Miscellaneous Provisions) Act 1982 and premises offering
regular entertainment of a sexual nature must be licensed as a sex establishment
under those provisions.
28.2 The Licensing Authority acknowledges that exemptions under the above
legislation do allow sexual entertainment to be provided at premises licensed under
the Licensing Act 2003, as long as it is provided on no more than 11 occasions
within 12 months and with at least 1 month between each occasion. Those
infrequent events will be regulated by the licence granted under the Licensing Act
2003 where that licence authorises performances of dance and where the original
application specified that such adult entertainment was proposed to be provided.
28.3 Where application forms for premises licences and club premises certificates
specify that no entertainment of an adult nature is proposed then the exemptions
referred to at Para 18.3 will not be permitted
28.4 Where licensees have declared that no adult entertainment will take place at a
premises, wish to use the exemption allowed at Para 28.3 the Licensing Authority
will expect them to make an application to vary the licence (or club premises
certificate) to include such entertainment.. The Licensing Authority expects that any
application to provide sexual entertainment will incorporate appropriate steps within
the operating schedule to protect all parties at the premises including performers and
the public and in particular prevent access to such events by children to promote the
prevention of children from harm licensing objective.
28.5 Applicants will be advised to seek advice from the Licensing Authority before
applying to vary a licence to permit adult entertainment and are also advised to
consider the Basingstoke and Deane Borough Council Sex Establishment Licensing
Policy and licence conditions adopted by this authority in respect of the licensing of
sexual entertainment venues and sex establishments. This information can be found
on the Council’s website by clicking here Sex Establishment Licensing
Appendix 7 – Relevant Extracts from the Guidance to the Licensing Act 2003
Licence conditions – general principles
1.16 Conditions on a premises licence or club premises certificate are
important in setting
the parameters within which premises can lawfully operate. The use of wording such
as “must”, “shall” and “will” is encouraged. Licence conditions:
• must be appropriate for the promotion of the licensing objectives;
• must be precise and enforceable;
• must be unambiguous and clear in what they intend to achieve;
• should not duplicate other statutory requirements or other duties or
responsibilities placed on the employer by other legislation;
• must be tailored to the individual type, location and characteristics of the
premises and events concerned;
• should not be standardised and may be unlawful when it cannot be
demonstrated that they are appropriate for the promotion of the licensing objectives
in an individual case;
• should not replicate offences set out in the 2003 Act or other legislation;
• should be proportionate, justifiable and be capable of being met;
• cannot seek to manage the behaviour of customers once they are beyond the
direct management of the licence holder and their staff, but may impact on the
behaviour of customers in the immediate vicinity of the premises or as they enter or
leave; and
• should be written in a prescriptive format.
Each application on its own merits
1.17 Each application must be considered on its own merits and in
accordance with the
licensing authority’s statement of licensing policy; for example, if the application falls
within the scope of a cumulative impact policy. Conditions attached to licences and
certificates must be tailored to the individual type, location and characteristics of the
premises and events concerned. This is essential to avoid the imposition of
disproportionate and overly burdensome conditions on premises where there is no
need for such conditions. Standardised conditions should be avoided and indeed
may be unlawful where they cannot be shown to be appropriate for the promotion of
the licensing objectives in an individual case.
Crime and disorder
2.1 Licensing authorities should look to the police as the main source of
advice on crime and
disorder. They should also seek to involve the local Community Safety Partnership
(CSP).
2.2 In the exercise of their functions, licensing authorities should seek to
co-operate with the Security Industry Authority (“SIA”) as far as possible and
consider adding relevant conditions to licences where appropriate. The SIA also
plays an important role in preventing crime and disorder by ensuring that door
supervisors are properly licensed and, in partnership with police and other agencies,
that security companies are not being used as fronts for serious and organised
criminal activity. This may include making specific enquiries or visiting premises
through intelligence led operations in conjunction with the police, local authorities
and other partner agencies. Similarly, the provision of requirements for door
supervision may be appropriate to ensure that people who are drunk, drug dealers or
people carrying firearms do not enter the premises and ensuring that the police are
kept informed.
2.3 Conditions should be targeted on deterrence and preventing crime and
disorder. For example, where there is good reason to suppose that disorder may
take place, the presence of closed-circuit television (CCTV) cameras both inside and
immediately outside the premises can actively deter disorder, nuisance, anti-social
behaviour and crime generally. Some licence holders may wish to have cameras on
their premises for the prevention of crime directed against the business itself, its
staff, or its customers. But any condition may require a broader approach, and it may
be appropriate to ensure that the precise location of cameras is set out on plans to
ensure that certain areas are properly covered and there is no subsequent dispute
over the terms of the condition.
2.4 The inclusion of radio links and ring-round phone systems should be
considered an appropriate condition for public houses, bars and nightclubs operating
in city and town centre leisure areas with a high density of licensed premises. These
systems allow managers of licensed premises to communicate instantly with the
police and facilitate a rapid response to any disorder which may be endangering the
customers and staff on the premises.
2.5 Conditions relating to the management competency of designated
premises supervisors should not normally be attached to premises licences. It will
normally be the responsibility of the premises licence holder as an employer, and not
the licensing authority, to ensure that the managers appointed at the premises are
competent and appropriately trained. The designated premises supervisor is the key
person who will usually be responsible for the day to day management of the
premises by the premises licence holder, including the prevention of disorder. A
condition of this kind may only be justified as appropriate in rare circumstances
where it can be demonstrated that, in the circumstances associated with particular
premises, poor management competency could give rise to issues of crime and
disorder and public safety.
Public safety
2.6 Licence holders have a responsibility to ensure the safety of those using their
premises,
as a part of their duties under the 2003 Act. This concerns the safety of people using
the relevant premises rather than public health which is addressed in other
legislation. Physical safety includes the prevention of accidents and injuries and
other immediate harms that can result from alcohol consumption such as
unconsciousness or alcohol poisoning. Conditions relating to public safety may also
promote the crime and disorder objective as noted above. There will of course be
occasions when a public safety condition could incidentally benefit a person’s health
more generally, but it should not be the purpose of the condition as this would be
outside the licensing authority’s powers (be ultra vires) under the 2003 Act.
Conditions should not be imposed on a premises licence or club premises certificate
which relate to cleanliness or hygiene.
2.7 A number of matters should be considered in relation to public safety. These
may include:
• Fire safety;
• Ensuring appropriate access for emergency services such as ambulances;
• Good communication with local authorities and emergency services, for
example communications networks with the police and signing up for local incident
alerts (see paragraph 2.4 above);
• Ensuring the presence of trained first aiders on the premises and appropriate
first aid kits;
• Ensuring the safety of people when leaving the premises (for example,
through the provision of information on late-night transportation);
• Ensuring appropriate and frequent waste disposal, particularly of glass
bottles;
• Ensuring appropriate limits on the maximum capacity of the premises (see
paragraphs 2.11-2.12, and Chapter 10; and
• Considering the use of CCTV in and around the premises (as noted in
paragraph 2.3 above, this may also assist with promoting the crime and disorder
objective).
2.8 The measures that are appropriate to promote public safety will vary between
premises
and the matters listed above may not apply in all cases. As set out in Chapter 8
(8.33-8.41), applicants should consider when making their application which steps it
is appropriate to take to promote the public safety objective and demonstrate how
they achieve that.
Public nuisance
2.14 The 2003 Act enables licensing authorities and responsible authorities,
through representations, to consider what constitutes public nuisance and what is
appropriate to prevent it in terms of conditions attached to specific premises licences
and club premises certificates. It is therefore important that in considering the
promotion of this licensing objective, licensing authorities and responsible authorities
focus on the effect of the licensable activities at the specific premises on persons
living and working (including those carrying on business) in the area around the
premises which may be disproportionate and unreasonable. The issues will mainly
concern noise nuisance, light pollution, noxious smells and litter.
2.15 Public nuisance is given a statutory meaning in many pieces of legislation. It
is however not narrowly defined in the 2003 Act and retains its broad common law
meaning. It may include in appropriate circumstances the reduction of the living and
working amenity and environment of other persons living and working in the area of
the licensed premises. Public nuisance may also arise as a result of the adverse
effects of artificial light, dust, odour and insects or where its effect is prejudicial to
health.
2.16 Conditions relating to noise nuisance will usually concern steps appropriate to
control the levels of noise emanating from premises. This might be achieved by a
simple measure such as ensuring that doors and windows are kept closed after a
particular time, or persons are not permitted in garden areas of the premises after a
certain time. More sophisticated measures like the installation of acoustic curtains or
rubber speaker mounts to mitigate sound escape from the premises may be
appropriate. However, conditions in relation to live or recorded music may not be
enforceable in circumstances where the entertainment activity itself is not licensable
(see chapter 15). Any conditions appropriate to promote the prevention of public
nuisance should be tailored to the type, nature and characteristics of the specific
premises and its licensable activities. Licensing authorities should avoid
inappropriate or disproportionate measures that could deter events that are valuable
to the community, such as live music. Noise limiters, for example, are expensive to
purchase and install and are likely to be a considerable burden for smaller venues.
2.17 As with all conditions, those relating to noise nuisance may not be appropriate
in certain circumstances where provisions in other legislation adequately protect
those living in the area of the premises. But as stated earlier in this Guidance, the
approach of licensing authorities and responsible authorities should be one of
prevention and when their powers are engaged, licensing authorities should be
aware of the fact that other legislation may not adequately cover concerns raised in
relevant representations and additional conditions may be appropriate.
2.18 Where applications have given rise to representations, any appropriate
conditions should normally focus on the most sensitive periods. For example, the
most sensitive period for people being disturbed by unreasonably loud music is at
night and into the early morning when residents in adjacent properties may be
attempting to go to sleep or are sleeping. This is why there is still a need for a
licence for performances of live music between 11 pm and 8 am. In certain
circumstances, conditions relating to noise emanating from the premises may also
be appropriate to address any disturbance anticipated as customers enter and leave.
Steps to promote the licensing objectives
8.33 In completing an operating schedule, applicants are expected to have regard
to the statement of licensing policy for their area. They must also be aware of the
expectations of the licensing authority and the responsible authorities as to the steps
that are appropriate for the promotion of the licensing objectives, and to demonstrate
knowledge of their local area when describing the steps they propose to take to
promote the licensing objectives. Licensing authorities and responsible authorities
are expected to publish information about what is meant by the promotion of the
licensing objectives and to ensure that applicants can readily access advice about
these matters. However, applicants are also expected to undertake their own
enquiries about the area in which the premises are situated to inform the content of
the application.
8.34 Applicants are, in particular, expected to obtain sufficient information to
enable them to demonstrate, when setting out the steps they propose to take to
promote the licensing objectives, that they understand:
• the layout of the local area and physical environment including crime and
disorder hotspots, proximity to residential premises and proximity to areas where
children may congregate;
• any risk posed to the local area by the applicants’ proposed licensable
activities; and 44 I Revised Guidance issued under section 182 of the Licensing Act
2003
• any local initiatives (for example, local crime reduction initiatives or voluntary
schemes including local taxi-marshalling schemes, street pastors and other
schemes) which may help to mitigate potential risks.
8.35 Applicants are expected to include positive proposals in their application on
how they will manage any potential risks. Where specific policies apply in the area
(for example, a cumulative impact policy), applicants are also expected to
demonstrate an understanding of how the policy impacts on their application; any
measures they will take to mitigate the impact; and why they consider the application
should be an exception to the policy.
8.36 It is expected that enquiries about the locality will assist applicants when
determining the steps that are appropriate for the promotion of the licensing
objectives. For example, premises with close proximity to residential premises
should consider what effect this will have on their smoking, noise management and
dispersal policies to ensure the promotion of the public nuisance objective.
Applicants must consider all factors which may be relevant to the promotion of the
licensing objectives, and where there are no known concerns, acknowledge this in
their application.
8.37 The majority of information which applicants will require should be available in
the licensing policy statement in the area. Other publicly available sources which
may be of use to applicants include:
• the Crime Mapping website;
• Neighbourhood Statistics websites;
• websites or publications by local responsible authorities;
• websites or publications by local voluntary schemes and initiatives; and
• on-line mapping tools.
8.38 While applicants are not required to seek the views of responsible authorities
before formally submitting their application, they may find them to be a useful source
of expert advice on local issues that should be taken into consideration when making
an application. Licensing authorities may wish to encourage co-operation between
applicants, responsible authorities and, where relevant, local residents and
businesses before applications are submitted in order to minimise the scope for
disputes to arise.
8.39 Applicants are expected to provide licensing authorities with sufficient
information in this section to determine the extent to which their proposed steps are
appropriate to promote the licensing objectives in the local area. Applications must
not be based on providing a set of standard conditions to promote the licensing
objectives and applicants are expected to make it clear why the steps they are
proposing are appropriate for the premises.
8.40 All parties are expected to work together in partnership to ensure that the
licensing objectives are promoted collectively. Where there are no disputes, the
steps that applicants propose to take to promote the licensing objectives, as set out
in the operating schedule, will very often translate directly into conditions that will be
attached to premises licences with the minimum of fuss.
8.41 For some premises, it is possible that no measures will be appropriate to
promote one or more of the licensing objectives, for example, because they are
adequately covered by other existing legislation. It is however important that all
operating schedules should be precise and clear about the measures that are
proposed to promote each of the licensing objectives.
Licensing authorities acting as responsible authorities
9.13 Licensing authorities are included in the list of responsible authorities. A
similar framework exists in the Gambling Act 2005. The 2003 Act does not require
responsible authorities to make representations about applications for the grant of
premises licences or to take any other steps in respect of different licensing
processes. It is, therefore, for the licensing authority to determine when it considers it
appropriate to act in its capacity as a responsible authority; the licensing authority
should make this decision in accordance with its duties under section 4 of the 2003
Act.
9.14 Licensing authorities are not expected to act as responsible authorities on
behalf of other parties (for example, local residents, local councillors or community
groups) although there are occasions where the authority may decide to do so. Such
parties can make relevant representations to the licensing authority in their own right,
and it is reasonable for the licensing authority to expect them to make
representations themselves where they are reasonably able to do so. However, if
these parties have failed to take action and the licensing authority is aware of
relevant grounds to make a representation, it may choose to act in its capacity as
responsible authority.
9.15 It is also reasonable for licensing authorities to expect that other responsible
authorities should intervene where the basis for the intervention falls within the remit
of that other responsible authority. For example, the police should make
representations where the representations are based on concerns about crime and
disorder. Likewise, it is reasonable to expect the local authority exercising
environmental health functions to make representations where there are concerns
about noise nuisance. Each responsible authority has equal standing under the 2003
Act and may act independently without waiting for representations from any other
responsible authority.
9.17 In cases where a licensing authority is also acting as responsible authority in
relation to the same process, it is important to achieve a separation of
responsibilities within the authority to ensure procedural fairness and eliminate
conflicts of interest. In such cases licensing determinations will be made by the
licensing committee or sub committee comprising elected members of the authority
(although they are advised by a licensing officer). Therefore, a separation is
achieved by allocating distinct functions (i.e. those of licensing authority and
responsible authority) to different officials within the authority.
9.18 In these cases, licensing authorities should allocate the different
responsibilities to different licensing officers or other officers within the local authority
to ensure a proper separation of responsibilities. The officer advising the licensing
committee (i.e. the authority acting in its capacity as the licensing authority) must be
a different person from the officer who is acting for the responsible authority. The
officer acting for the responsible authority should not be involved in the licensing
decision process and should not discuss the merits of the case with those involved in
making the determination by the licensing authority. For example, discussion should
not take place between the officer acting as responsible authority and the officer
handling the licence application regarding the merits of the case. Communication
between these officers in relation to the case should remain professional and
consistent with communication with other responsible authorities. Representations,
subject to limited exceptions, must be made in writing. It is for the licensing authority
to determine how the separate roles are divided to ensure an appropriate separation
of responsibilities. This approach may not be appropriate for all licensing authorities
and many authorities may already have processes in place to effectively achieve the
same outcome.
As a matter of practice, licensing authorities should seek to focus the hearing on the
steps considered appropriate to promote the particular licensing objective or
objectives that have given rise to the specific representation and avoid straying into
undisputed areas. A responsible authority or other person may choose to rely on
their written representation. They may not add further representations to those
disclosed to the applicant prior to the hearing, but they may expand on their existing
representation.
9.37 In determining the application with a view to promoting the licensing
objectives in the overall interests of the local community, the licensing authority must
give appropriate weight to:
• the steps that are appropriate to promote the licensing objectives;
• the representations (including supporting information) presented by all the
parties;
• this Guidance;
• its own statement of licensing policy
9.38 The licensing authority should give its decision within five working days of the
conclusion of the hearing (or immediately in certain specified cases) and provide
reasons to support it. This will be important if there is an appeal by any of the parties.
Notification of a decision must be accompanied by information on the right of the
party to appeal. After considering all the relevant issues, the licensing authority may
grant the application subject to such conditions that are consistent with the operating
schedule. Any conditions imposed must be appropriate for the promotion of the
licensing objectives; there is no power for the licensing authority to attach a condition
that is merely aspirational. For example, conditions may not be attached which relate
solely to the health of customers rather than their direct physical safety. Any
conditions added to the licence must be those imposed at the hearing or those
agreed when a hearing has not been necessary.
9.39 Alternatively, the licensing authority may refuse the application on the grounds
that this is appropriate for the promotion of the licensing objectives. It may also
refuse to specify a designated premises supervisor and/or only allow certain
requested licensable activities. In the interests of transparency, the licensing
authority should publish hearings procedures in full on its website to ensure that
those involved have the most current information.
Determining actions that are appropriate for the promotion of the licensing
objectives
9.41 Licensing authorities are best placed to determine what actions are
appropriate for the promotion of the licensing objectives in their areas. All licensing
determinations should be considered on a case-by-case basis. They should take into
account any representations or objections that have been received from responsible
authorities or other persons, and representations made by the applicant or premises
user as the case may be.
9.42 The authority’s determination should be evidence-based, justified as being
appropriate for the promotion of the licensing objectives and proportionate to what it
is intended to achieve.
9.43 Determination of whether an action or step is appropriate for the promotion of
the licensing objectives requires an assessment of what action or step would be
suitable to achieve that end. While this does not therefore require a licensing
authority to decide that no lesser step will achieve the aim, the authority should aim
to consider the potential burden that the condition would impose on the premises
licence holder (such as the financial burden due to restrictions on licensable
activities) as well as the potential benefit in terms of the promotion of the licensing
objectives. However, it is imperative that the authority ensures that the factors which
form the basis of its determination are limited to consideration of the promotion of the
objectives and nothing outside those parameters. As with the consideration of
licence variations, the licensing authority should consider wider issues such as other
conditions already in place to mitigate potential negative impact on the promotion of
the licensing objectives and the track record of the business. Further advice on
determining what is appropriate when imposing conditions on a licence or certificate
is provided in Chapter 10. The licensing authority is expected to come to its
determination based on an assessment of the evidence on both the risks and
benefits either for or against making the determination.
Imposed conditions
10.8 The licensing authority may not impose any conditions unless its discretion
has been exercised following receipt of relevant representations and it is satisfied as
a result of a hearing (unless all parties agree a hearing is not necessary) that it is
appropriate to impose conditions to promote one or more of the four licensing
objectives. This provision also applies to minor variations.
10.9 It is possible that in some cases no additional conditions will be appropriate to
promote the licensing objectives.
Proportionality
10.10 The 2003 Act requires that licensing conditions should be tailored to the size,
type, location and characteristics and activities taking place at the premises
concerned. Conditions should be determined on a case-by-case basis and
standardised conditions which ignore these individual aspects should be avoided.
For example, conditions should not be used to implement a general policy in a given
area such as the use of CCTV, polycarbonate drinking vessels or identity scanners
where they would not be appropriate to the specific premises. Licensing authorities
and other responsible authorities should be alive to the indirect costs that can arise
because of conditions. These could be a deterrent to holding events that are
valuable to the community or for the funding of good and important causes.
Licensing authorities should therefore ensure that any conditions they impose are
only those which are appropriate for the promotion of the licensing objectives.
Deregulation of regulated entertainment
15.6 As a result of deregulatory changes that have amended the 2003 Act, no
licence is required for the following activities:
• Plays: no licence is required for performances between 08.00 and 23.00 on
any day, provided that the audience does not exceed 500.
• Dance: no licence is required for performances between 08.00 and 23.00 on
any day, provided that the audience does not exceed 500.
• Live music: no licence permission is required for:
– a performance of unamplified live music between 08.00 and 23.00 on any day, on
any premises.
– a performance of amplified live music between 08.00 and 23.00 on any day on
premises authorised to sell alcohol for consumption on those premises, provided that
the audience does not exceed 50022.
• Recorded Music: no licence permission is required for:
– any playing of recorded music between 08.00 and 23.00 on any day on premises
authorised to sell alcohol for consumption on those premises, provided that the
audience does not exceed 500.