City of Wakefield Metropolitan. District Council. Licensing Act Statement of Licensing Policy

Transcription

1 City of Wakefield Metropolitan District Council Licensing Act 2003 Statement of Licensing Policy As revised 13 October 2011

2 City of Wakefield Metropolitan District Council Licensing Act 2003 Statement of Licensing Policy Date of Publication prior to the 7th January 2011 Commencing Date 7 th January 2011 Original Policy Published 7th January 2005 Part 5 Reviewed (Cumulative Impact Policy) Published 15th November 2006 First Triennial Review Published 7th January 2008 Second Triennial Review Published 7 th January 2011 Cumulative Impact Policy review Published 13 th October 2011 All applications under the Licensing Act 2003 must be sent to the address contained within this policy or they cannot be deemed to have been given to the Licensing Authority. -2-

3 CONTENTS: Part Title Page 1 Introduction 4 2 Consultation 8 3. Principles of the Policy Scope of the Policy Cumulative Impact Licensing Hours Children Integrating Strategies Duplication Conditions Enforcement Administration, exercise and Delegation of Functions Conduct of Committees Applications or Notifications Definitions Contact Address List of Appendices 62-3-

4 STATEMENT OF LICENSING POLICY 1. Introduction 1.1 The City of Wakefield Metropolitan District has diverse leisure and entertainment facilities. These range from country inns and hotels, to centres of tourism and sports venues, to working men s clubs and institutes, to major nightclubs and cultural events, all of which provide facilities for residents and visitors. Such venues are spread across the council district, which covers approximately 130 square miles and has a population of approximately 330,000 people. 1.2 The Council and Responsible Authorities continue to be concerned about crime, disorder, anti-social behaviour and under age purchase and consumption in relation to alcohol which has caused the police, the Local Authority and those partners involved in prevention, enforcement and strategy planning to disproportionately use their resources to reduce these problems. 1.3 The Licensing Objectives set out in the Licensing Act 2003 and covered by this Policy are: - a) The Prevention of Crime and Disorder, b) Public Safety, c) The Prevention of Public Nuisance, and d) The Protection of Children from Harm. In line with this, the Statement of Licensing Policy aims to prevent crime and disorder, secure public safety, prevent public nuisance and protect children from harm whilst encouraging a sustainable leisure and entertainment industry. 1.4 The four aims listed above form the statutory licensing objectives that this policy, the Licensing Authority and all licence or certificate holders must strive to achieve. 1.5 The legislation supports a number of other key aims and purposes which the Council strives to implement. They include:- the necessary protection of local residents, whose lives can be blighted by disturbance and anti-social behaviour associated with the behaviour associated with the behaviour of some people visiting licensed premises; the introduction of better and more proportionate regulation to give business greater freedom and flexibility to meet customers expectations; greater choice for consumers including tourists about where, when and how they spend their leisure time; -4-

5 encouragement of more family friendly premises the further development within communities of our rich culture of live music, dancing and theatre both in rural areas and in our towns and cities; the regeneration of areas that need the increased investment and employment opportunities that a thriving and safe night time economy can bring 1.6 The Policy aims to provide information and guidance to applicants, those making representations and other interested parties on the general considerations and approach that will be adopted by the Licensing Authority, Wakefield Metropolitan District Council, in making determinations under the Licensing Act These general considerations will take into account the Council s position in relation to its partnership working initiatives and strategies to deal with various issues, including creating a safer environment, reducing and preventing crime and disorder, economic regeneration, providing reassurance to residents and persons who work in the area, reducing alcohol harm, reducing drug harm, use of planning controls, promoting the transport strategy, encouraging tourism, cultural events and associated activities, supporting city and town centre strategies and promoting the safer clubbing guidance. 1.8 This will include the statutory requirement in relation to Section 17 of the Crime and Disorder Act 1998 which requires the Council to have regard to the likely effect of the exercise of their functions on, and do all they can to prevent, crime and disorder in the area. 1.9 This Statement of Licensing Policy accepts the right of an individual to make an application under the Licensing Act 2003 and that each application will be determined on its individual merits. Unless representations are received from responsible authorities or interested parties as defined in section 15 of this policy, the Licensing Act 2003 makes no provision for the licensing authority to impose conditions on a licence other than those proposed within the application. Furthermore no provision exists for the licensing authority itself to make representations, in the absence of any relevant representations the authority is obliged to issue the licence on the terms sought This Statement of Licensing Policy will uphold the right of any responsible authority or interested person to make representations on an application or seek a review of a licence where provision has been made for them to do so under the Licensing Act

6 1.11 This Policy has been prepared after consultation with those bodies listed in Section 5 (3) of the Licensing Act 2003, consideration of the Guidance issued by the Secretary of State for the Department of Culture, Media and Sport and having full regard to all the regulations issued pursuant to the Licensing Act The Guidance issued by the Secretary of State for the Department of Culture, Media and Sport can be viewed on their website at under alcohol and entertainment The Licensing Act 2003 may be viewed on the OPSI website at along with any statutory instruments made under the Act The Licensing Authority s Statement of Licensing Policy is a public information document Appendix N sets out the procedure to be followed for an interested person to make representations in relation to an application for a premises licence or club premises certificate or a review of such licences A Licensing Authority may depart from its own policy if the individual circumstances of any case merit such a decision in the interests of the promotion of the licensing objectives. Full reasons for departing from the policy must be given The Human Rights Act 1998 and the European Convention on Human Rights makes it unlawful for a Local Authority to act in a way that is incompatible with a Convention right In relation to this Statement of Licensing Policy the Council has given regard to the following provisions of the European Convention on Human Rights especially: - Article 6, that in the determination of civil rights and obligations everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, Article 8, that everyone has the right to respect for his private and family life, Article 9, the freedom of thought, conscience and religion. Article 10, the freedom of expression. Article 11, the freedom of assembly and association. Article 14, enjoyment of Convention rights without discrimination. Article 1 of the First Protocol, that every person is entitled to the peaceful enjoyment of his or her possessions, including for example, the possession of a licence. -6-

7 1.19 The four statutory objectives of the Licensing Act 2003 are in harmony with the human rights of local people and the Licensing Authority will ensure that they are protected and will only interfere with these rights where measures need to be taken with the intention of preventing crime and disorder or to protect the rights and freedoms of others The Council has given regard to the Race Relations Act 1976 and the Race Relations (Amendment) Act 2000 in the formulation of this policy and in particular the duty to have due regard to the need to eliminate unlawful racial discrimination, to promote equality of opportunity and promote good relations between different racial groups The Council s Race Equality Scheme has been considered in the formulation of this policy and the Licensing Authority will monitor and assess the Statement of Licensing Policy against those criteria using information supplied by the relevant bodies The Licensing Act 2003, associated explanatory notes and statutory instruments made under its provisions may be viewed on the HMSO website at -7-

8 2. Consultation 2.1 In accordance with Section 5 (3) of the Licensing Act 2003, the Licensing Authority has consulted with the following groups: - Responsible Authorities West Yorkshire Police Wakefield Fire and Rescue Authority Building Control Services Environmental Health Service, Health and Safety Team Environmental Health Services, Environmental Protection Team Safeguarding Unit, Family Services West Yorkshire Trading Standards Trade & trade associations Xscape Castleford Enterprise Inns National Pubwatch Punch Pub Company Pubmaster Luminar British Beer and Pub Assoc. Club and Institute Union (West Yorkshire Federation of Licensed Victuallers Wakefield & District Branch of the Federation of Small Businesses Wakefield Licensees Association Business in Sport & Leisure Wakefield CAMRA Poppleston Allen Solicitors Community representatives & groups Registrar to Wakefield Diocese Dean of Wakefield Citizens Advice Bureau Wakefield Residents Associations Wakefield District Community Safety Partnership Wakefield College Health & Safety Executive Elected members & Town Councils District Councillors Town & Parish Councils Other NHS Wakefield District -8-

9 Local Authority Town and City Centre Partnerships Planning Services Urban & Neighbourhood Renaissance Service 2.3 Due consideration has been taken of all the matters raised by these bodies and the policy has been amended to take into account these observations where this is appropriate. 2.4 This policy will be continuously monitored and, if necessary, a review will be undertaken. It will be fully reviewed triennially. -9-

10 3. Principles of the Policy 3.1 The Licensing Objectives set out in the Act and covered by this Policy are: a) The Prevention of Crime and Disorder b) Public Safety, c) The Prevention of Public Nuisance, and d)` The Protection of Children from Harm. 3.2 Each are of equal importance. 3.3 They will be the principles on which each application is viewed to ensure that in terms of premises, qualifying clubs and at temporary events, the applicants have focused on meeting these objectives on the matters, which are within their control and have sought to engage in, or be a partner in the wider issues surrounding the application. 3.4 In relation to applications for personal licences applicants should be able to show they can and will work towards meeting the Licensing Objectives, not just in relation to themselves, but to all staff they work with, or who are appointed as responsible persons on licensed premises, qualifying clubs or at temporary events. 3.5 The Licensing Authority will promote these objectives when carrying out its licensing functions under the Licensing Act Nothing in this Policy prevents every licence application being considered on its own merits. 3.7 This Policy will come into effect on 7th January 2011 taking over from the original policy which came into effect on 7th February A full Policy review will be undertaken every three years and the next full review will be published by the 7th January In carrying out its licensing functions, the Licensing Authority will give due regard to its Statement of Licensing Policy and the Licensing Guidance issued by the Secretary of State for the Department of Culture, Media and Sport Licensees have a duty to be aware of these measures and support the strategies. It does, however, have measures intended to prevent and control these problem areas inside and in the vicinity of licensed premises and to make the licence holders, both personal and for premise, responsible for meeting the Licensing Objectives. -10-

11 3.11 The Licensing Authority will participate in strategies and action plans of the Community Safety Partnership and expect all licence holders, both personal and for premises, to be aware of these initiatives, either individually or through their trade associations Nothing in this Policy will prevent all relevant representations being given full consideration. The exception to this principle is that any representation deemed by the Licensing Authority to be frivolous, vexatious or repetitious may not be considered. In such circumstances the maker of the representation will be so informed, in writing, by the Licensing Authority The Licensing Authority recognise the importance of a partnership approach between licence holders, authorised persons, interested parties and responsible authorities in the promotion of the Licensing Objectives. It will give licence holders early warning of concerns from authorised officers and responsible authorities about problems identified at the premises concerned and the need for improvement. Failure to respond to such early warnings could lead to a decision by a Responsible Authority to request a review of the licence Various factors will be considered when addressing the Licensing Objectives and the promotion level of the objective will vary depending on the relevant circumstances including size, facilities, design, construction, condition, type and frequency of the entertainment or facilities, location of premises, proximity to such places as hospitals, schools, nursing homes, religious establishments, residential property, senior citizens homes, shops, offices and access to public transport or off street parking. This list is neither prescriptive nor exhaustive The Licensing Authority will, as far as reasonably possible, assist applicants on how best to adequately address these matters or inform them of the relevant statutory body or other organisation that can give advice and information This Statement of Licensing Policy is a public document. It will be available to view at the Licensing Office during normal office hours or on the Council Website The website address for this policy is A copy of the Statement of Licensing Policy can be obtained from the Licensing Office for a nominal fee The Licensing Register, required to be kept by the Licensing Authority by virtue of Section 8 of the Act, will be maintained and available to view by any person at the Licensing Office during office opening hours. (see Section 16) -11-

12 3.21 There is no charge to view the register but there is a charge for copies of the entries in the register. This charge is currently 25p. per sheet and this charge is subject to review An electronic copy of the full requirements of Section 8 will be maintained on the Council Website The website address for the Register is The full postal address and opening hours for the Licensing Office are detailed in Section The List of Publications referred to in Appendix D are the current documents in use at this time. The Licensing Authority reserve the right to amend this list if a newer or updated edition of these reference documents is published The Licensing Authority will inform all Responsible Authority and other consultation members of the changes and publish the amendment details on the Councils Website. -12-

13 4. Scope of the Policy 4.1 This Policy covers new applications, renewals, variations, minor variations, transfers and reviews of premises licences, club registration certificates and temporary event notices for the following licensable activities: - a) The sale by retail of alcohol. b) The supply of alcohol by or on behalf of a club to or to the order of a member of the club. c) The provision of regulated entertainment. d) The provision of late-night refreshment. 4.2 This policy also covers new applications, renewals, variations, transfers, reviews and removals in relation to personal licences and designated premises supervisors. 4.3 The term sale by retail is defined in Section 192 of the Licensing Act The supply of alcohol in relation to a qualifying club is defined in Section 1(2) and Section 2 of the Licensing Act The provision of regulated entertainment is defined in Schedule 1 of the Licensing Act The provision of late-night refreshment is defined in Schedule 2 of the Licensing Act The Operating Schedule for both premise and club registration applications is an essential part of an application and the document must be supplied in the prescribed form stating: - 1. The relevant licensable activities that are to take place, 2. The time these activities are to take place, 3. Any other times it is proposed that the premises are open to the public, 4. If the licence is to have effect for a limited period, that period, 5. If selling alcohol by retail, prescribed information about the individual who will be specified in the premises licence as the designated premises supervisor. 6. If selling alcohol by retail or supplying alcohol, whether this will consumed on or off the premises or both. 7. The steps that will be taken to promote the licensing objectives. 8. Such other matters as may be prescribed. -13-

14 4.8 The Operating Schedule must reflect the business activities conducted at the premises, should it be demonstrated otherwise then the premises or club premises licence will be subject to review. 4.9 The Operating Schedule is an important document which must demonstrate how the premises licence holder, club registration certificate holder and the personal licence holder will promote the four licensing objectives. The Licensing Authority will require a fully considered Operating Schedule to be submitted as part of an application and may refuse an application where a blank or incomplete Operating Schedule is provided. Carrying out risk assessments on the activities that are to take place on the premises, including a Risk Assessment under the Regulatory Reform Fire Safety Order (Regulation 9) may be one way of demonstrating the licensing objectives will be met Any risk assessment should identify how the proposed activities will impact on the Licensing Objectives and if they are contrary to or do not meet them describe how they can be prevented, controlled or mitigated. Risk Assessments must be retained by the applicant for future reference by Responsible Authorities or they may be included with the application if the applicant feels this will assist the Licensing Authority and they are relevant to the application In the case of hot food takeaways selling alcohol, applicants will be required to include detailed mitigation measures. For on sales this will include measures to ensure that alcohol is not sold to persons already intoxicated. For home delivery, measures to ensure alcohol is not sold to persons under 18 years of age should also be demonstrated The times when the premises are to be open should include the times and the type of licensable activity and the other times when the premises are open to the public. For example the service of morning coffee to members of the public before the time the premises are licensed to sell alcohol i.e. 8 a.m. would be within the law but it is not a licensable activity so both the times the premises are open for licensable and non-licensable activities needs to be included on the Operating Schedule This is relevant to all applications where alcohol, entertainment or food are sold or supplied as there needs to be a period from when the authorised activities end to when people leave. For example if the end time for serving alcohol is pm and the end time for dancing entertainment is midnight then the persons present will not be expected to leave at exactly those times so a period for them to finish drinks, discuss the event and socialise with friends should be incorporated into the Operating Schedule to account for their presence. This does not mean alcohol can be sold or supplied after pm nor can the entertainment continue after midnight but those present need time to complete the evenings entertainment before leaving. It could cause crime and disorder, -14-

15 risk public safety or cause nuisance if those present were ejected without this calming period, premises must therefore close not later than 1 hour after the cessation of licensable activities The licensable activities that are being applied must be fully explained within the Operating Schedule so that the correct authorities are determined for the application. Detailed advice and guidance on licence of activities is available on under alcohol and entertainment The Licensing Authority and the Responsible Authorities will use the Operating Schedule as part of the material information in their determination of the grant of the application, any conditions required and, if appropriate, the refusal of the application Applicants for premises licences, club registrations and personal licences will be required to be fully aware of their legal responsibilities for ensuring adequate supervision and management of licensed premises. They will be responsible for the training of all staff to ensure they are capable of completing their roles particularly in relation to the Licensing Act 2003 legislation and any conditions that may be attached to the licence The Licensing Authority believe that the training of all persons, in relation to the provisions of the Licensing Act 2003 and how they apply to their role, who are involved in the operation of the premise, club or a temporary event will form an important and crucial role in the premise, club or temporary event being able to meet its statutory obligations and the Licensing Objectives The Licensing Authority require that a record of all relevant training received or given to all staff, personal licence holders, designated premises supervisors, committees and secretaries of registered clubs and premise licence holders should be maintained This should equally apply to those persons acting on behalf of charitable organisations, schools or other organisations to ensure they fully understand their role and responsibilities The staff of all premise or temporary events that are selling or supplying alcohol must be aware that they can and must encourage sensible drinking and ensure persons who are drunk are not sold or supplied alcohol either directly or indirectly by other persons obtaining it on their behalf. If they fail to do so they will commit criminal offences The Licensing Authority has some serious concerns about promotions in respect of alcohol because of the real possibility of customers being encouraged to consume excessive amounts of alcohol. -15-

16 4.22 No alcoholic drinks promotion should encourage anti social behaviour or alcohol misuse which could lead to crime and disorder, public nuisance, danger to the public or harm to children The Licensing Authority accepts that promotions of alcoholic drink are a legitimate trading measure for introducing new products, increasing customer awareness of products, boosting trade and promoting competitions but this must be balanced against the Licensing Objectives In relation to alcohol licensed premises, and in addition to the requirements as required by the mandatory condition relating to irresponsible drinks promotions. for either on or off sales, all point of sale promotions, i.e. Happy Hours, Quantity Incentives, All Inclusive Entrance and Drinks, Free Drinks, Drinking Games, Buy One Get One Free etc. should be conducted in accordance with the Codes of Practice and Guidance documents listed in Appendix D 4.25 The Licensing Authority as a basis to meet the Licensing Objectives and reduce alcohol harm in the area will use the Governments Alcohol Harm Reduction Policy and any relevant guidance from the UK Drug Policy Commission and the Wakefield Alcohol and Substance Misuse Plan. Applicants for premises licences, which include the sale or supply of alcohol and for personal licences, should use the documents to help them meet the Licensing Objectives The Licensing Authority will take due regard of these publications in determining whether premise, club and personal licence holders, as well as companies and producers, comply with the Licensing Objectives If they fail to promote the Licensing Objectives and point of sale promotions have encouraged anti social behaviour, crime and disorder, public nuisance or other statutory offences the Licensing Authority may, after any request for a review of the premises licence, impose conditions on the premise licence to prevent such activities so as to ensure the promotion of the Licensing Objectives Further information can be obtained from the British Beer and Pub Association, the Portman Group and the Association of Convenience Stores. (See Appendix D.) 4.29 Offences under the legislation of serving or allowing alcohol to be sold to a person who is drunk, obtaining alcohol for a person who is drunk or allowing disorderly conduct on licensed premise may be committed by premise licence holders, personal licence holders or authorised persons in these circumstances where point of sale promotions are not conducted properly. -16-

17 4.30 The Licensing Authority supports the organisation and use by all licence holders, premise, club or personal in the use of Pub Watch schemes, Licensee Associations and similar organisations to ensure good communication between all licence holders, Licensing Authority Officers, the Police and SIA approved door supervisors. These types of organisation can ensure timely reports of problem areas, persons and events as well as a method to devolve good practice and raise overall standards The use of Closed Circuit Television and Recording systems (CCTV) in premises where they are required to promote the Licensing Objectives can have a positive effect. The use of the recordings as evidence to prove offences where they have been committed by persons on the premises or in the vicinity of the premises will further help to achieve the Licensing Objectives and where such CCTV systems are a conditional requirement there will have to be a suitable recording system in operation that meets the requirements of the West Yorkshire Police. A copy of these requirements are included in Appendix D These recordings may form the evidence for the case and in these circumstances they will be required to be immediately handed to the police or the Licensing Authority as evidence in relation to the investigation of an alleged offence It is important to liaise with the Police Licensing Department and the Police Architectural Liaison Officer before order or installation of the equipment to ensure it is operated to the required standards, in the correct areas and has suitable recording equipment. -17-

18 5. Cumulative Impact Introduction 5.1 Cumulative impact relates to the potential impact on the promotion of the Licensing Objectives of a significant number of licensed premises concentrated in one area. 5.2 If the number of licensed premises in one area of the District has an effect whereby the licensing objectives cannot be met, or are seriously jeopardised, the Licensing Authority may consider the question of whether the grant of further premises licences, or club premises certificates would further undermine one or more of the licensing objectives. 5.3 The effect of such a policy is to create a rebuttable presumption that both new applications and applications for variations to existing licences within the cumulative impact area will be refused. 5.4 Applications made for premises that have previously held a licence, which have either been revoked, surrendered or have lapsed, will be deemed a new application and be considered against the Cumulative Impact Policy. The Licensing Authority does not intend to set a quota as to the number of premises within the impact area and will consider the circumstances of each application fully. It may grant licences where they are unlikely to add to the cumulative impact on the licensing objectives. 5.5 It is important to note that adoption of a Cumulative Impact Policy does not mean the Licensing Authority may apply a blanket ban to all applications within a cumulative impact area. It should also be noted that any decision to refuse an application on cumulative impact grounds may only be made where relevant representations are received. The Licensing Authority is obliged to grant an application, regardless of the fact that it falls within a cumulative impact area, if no such representation is received. Cumulative Impact Policies Wakefield City Centre 5.6 A special Cumulative Impact Policy was applied to an area within Wakefield City in

19 5.7 The area had been identified because the Licensing Authority believed that the cumulative impact of the concentration of licensed premises in this area was adversely affecting the promotion of the following licensing objectives:- Prevention of crime and disorder Prevention of public nuisance 5.8 In support of the policy, evidence was gathered from a number of agencies including the Police and relevant services within Wakefield Council. Additional evidence was also gathered when the policy was reviewed in 2008 and again in Following a further review in 2011, the policy was revised to include an amended city centre zone that reflected the needs of two new major developments in the City. The zone was also extended to include the area commonly known as the Westgate Run In reviewing the policy, the Licensing Authority consulted with responsible authorities and interested parties, including licensees and those representing licensees 5.11 Within the area as identified on the plan at Appendix O strong evidence of an impact on crime and disorder caused by the people attending those premises exists. The Police have provided crime figures within the area for the period July 2010 to June 2011 which is available at Appendix P The policy applies to all licensed premises within the area identified and includes premises such as: Pubs Bars Social clubs Working Men s Clubs Restaurants Night clubs Off licences Takeaways 5.13 There is also evidence of public nuisance problems, including noise nuisance at, and from, licensed premises, noise from music, from people entering and leaving premises and noise caused by taxis and private hire vehicles. Whilst attenuation measures imposed as a result of planning or existing licensing conditions have addressed some of the public nuisance element, the evidence suggests that there are problems caused by the movement of people and associated noise in these areas. -19-

20 5.14 Taxi ranks and takeaways are flashpoints for crime and disorder and public nuisance There is also evidence of environmental impact, including litter, food waste and unlawful advertising on, and related to, licensed premises Within this area there are a significant number of pubs, clubs and bars with relatively high capacities. Although these have staggered closing times it still leads to a large number of people on the street. The capability of the transport system to disperse these numbers rapidly with minimum impact on crime and disorder and public nuisance is not there The Licensing Authority takes the view that the principal problems are caused by the number of people attending too many licensed premises in this area, their movement to and from these premises and to and from hot food takeaways. Wakefield Council, the Police and other agencies have implemented a number of initiatives to reduce violent crime. The Licensing Authority believes that a Cumulative Impact Policy in this area supports and assists those initiatives in reducing violent crime and disorder and public nuisance Accordingly, the Licensing Authority has resolved to adopt a policy which will limit the number of licensed premises within the area by refusing applications at a hearing when relevant representations have been made and having heard those representations concludes that the Application should be refused The Licensing Authority wishes to encourage the provision of a range of entertainment in the area and to reduce the dominance of pubs, bars and nightclubs. Any future expansion of licensed premises/night time economy should be consistent with the wider regeneration aspirations of the Council and its partners and should actively promote an inclusive city centre for all, which is a safe and pleasant place to be The proposals in respect of the city centre are intended to target all licensed premises and particularly pubs, bars and off licences serving alcohol at anytime during the day/night and takeaways open after 11pm that can act as a flashpoint for crime and disorder and public nuisance. It is not intended to constrain the development of other entertainment uses which do not add to the problems being experienced in this area. -20-

21 5.21 It is the Licensing Authority s policy that there will be a rebuttable presumption that applications for premises licences, club premises certificates or material variations in respect of premises currently licensed will be refused if relevant representations are received about the cumulative impact on the licensing objectives Venues within the city centre should be of the highest standard with policies and practices that actively promote the reduction of crime and disorder and public nuisance (Further information is available within the Council s Statement of Licensing Policy). The standard expected would be that of Secure by Design accreditation It is also the Licensing Authority s policy on receipt of relevant representations to refuse applications for new premises seeking a licence to provide hot food between 11.00pm and 5.00am where the food is purchased to take away from the premises It will be the responsibility of those making representations to provide evidence of how the additional licence or variation would adversely affect the cumulative impact and the promotion of the licensing objectives. Conversely, the applicant would have to provide evidence that the additional licence would not have an adverse impact and address the Cumulative Impact Policy issues within their Operating Schedule If there are no representations, the Licensing Authority must grant the application in terms that are consistent with the Operating Schedule submitted A material variation will depend upon the nature of the variation and its potential impact on the Licensing Objectives. The Licensing Authority will have regard to Paragraphs of the Amended Guidance Issued Under Section 182 of the Licensing Act The Licensing Authority will review the Special Cumulative Impact Policy as part of the requirement to review the Statement of Licensing Policy every three years. -21-

22 Applying a Cumulative Impact Policy to other areas of the District 5.28 In respect of other areas within the Wakefield District the Licensing Authority would need to be provided with evidence-based information and each area would be considered on its own merits. Concerns have already been expressed in respect of some areas of the district where there are problems of drunkenness, anti-social behaviour, crime and disorder and public nuisance in and on the streets outside licensed premises The Licensing Authority will adopt the following procedures to determine if any further Cumulative Impact Policy was required:- (1) Identify that a serious concern from a responsible authority, or a resident or representative of residents or a business or a representative of business, in relation to crime and disorder or public nuisance exists. (2) Assess the situation to identify the causes. (3) Establish if crime and disorder or nuisances are arising and if so, do the customers of licensed premises cause it? Identify the area and its boundaries. (4) Consult with the bodies specified in Section 5(3) of the Act. (5) Adopt a policy to ensure the licensing objectives are met. (6) Publish the special policy as part of this policy. Other Measures to Control Cumulative Impact 5.30 The Licensing Policy is not the only method available to control cumulative impact, other measures include:- Planning controls. Positive measures to create a safe and clean town centre environment in partnership with local businesses, transport operators and other departments of the local authority (Please see section 8). The provision of CCTV surveillance in town centres and ample taxi ranks. Street cleaning and litter patrols. Powers of local authorities to designate parts of the local authority area as places where alcohol may not be consumed publicly. Police enforcement of the general law concerning disorder and anti-social behaviour, including the issuing of fixed penalty notices. The prosecution of any personal licence holder or member of staff at such premises who is selling alcohol to people who are drunk. The confiscation of alcohol from adults and children in designated areas. -22-

23 Police powers to close down instantly for up to 24 hours any licensed premises or temporary event on grounds of disorder, the likelihood of disorder or noise emanating from the premises causing a nuisance. The power of the police, other responsible authorities or a local resident or business to seek a review of the licence or certificate in question. Other local initiatives that similarly address these problems. Provision of late night public transport. -23-

24 6. Licensing Hours 6.1 The Licensing Authority recognises that varying licensing hours, with regard to the sale of alcohol, are able to ensure that the concentration of customers leaving premises at the same times can be avoided. This reduces the pressure on late night food outlets, taxi ranks, private hire operator s office s and other sources of transport and will help prevent the situation which can occur in the city and town centres of the district, which leads to confrontations, assaults, disorder and disturbance. 6.2 The Licensing Authority will not seek to have fixed trading hours in designated areas, as this leads to a migration from that area, to another area with longer hours, causing a concentration of individuals creating artificial peaks of disturbance and nuisance over a larger area. 6.3 The Licensing Authority believes this style of zoning or staggering closing times could be seen to be treating residents in one area more or less preferentially over others, simply because of where they choose to live. 6.4 The Licensing Authority will deal with the issue of licensing hours based on the merits of the individual application. It will give consideration to any representations made, either from residents, other businesses or responsible authorities. It may have to impose additional conditions and controls in terms of the potential steps the applicants can take to prevent public nuisance or crime and disorder. In areas of denser residential accommodation, these could relate to a number of conditional matters in relation to noise in the premises, noise outside the premises, the number of vehicle movements, provision of transport etc. If these conditions cannot be achieved in order to meet the licensing objectives, then a limit on opening hours will be required. Such a restriction will not be imposed without due regard to the individual merits of the application. 6.5 In relation to shop, supermarkets and stores the Licensing Authority will consider each application on its own merits. 6.6 Limitations may have to be imposed if, for example, in the case of an isolated premise where it is known to be a focus of disorder and disturbance, in particular, following police representations about the premise. It is accepted that in some cases, youths gathered in the area can and do intimidate counter-staff in such premises, as well as local residents, and the control of opening hours for the sale of alcohol may be used to meet the licensing objectives for the premises. -24-

25 7. The Protection of Children from Harm Strategic Aims 7.1 The Licensing Authority for the City of Wakefield Metropolitan District Council acknowledges a principle aim is to protect children from harm in relation to any premises licensed under the Licensing Act 2003 who propose to allow children into the premises for part or all of the operating hours. 7.2 That aim is to protect children from moral, psychological and physical harm. 7.3 The wide range of premises that require a licence under the Act means that children can be expected to visit and use the facilities provided, often on their own or with friends as well as with their parents or guardians. 7.4 The Licensing Act 2003 does not prohibit a child from having access to the various licensed premises. It does however impose statutory restrictions in relation to specific premises when they are providing licensable activities and these will be strictly enforced. 7.5 Each and every application in relation to premises and children will be dealt with on its own merits and, where required, conditions will be attached to the licence to meet the Licensing Objectives. 7.6 All applications will be dealt with according to the full licensing policy, which is produced to allow all persons involved with the process to understand the aims of the Licensing Authority. 7.7 This will allow the Licensing Authority in partnership with responsible authorities, the trade and the public to have confidence in the policy and so ensure that children from the area and visiting the area are protected from harm. It is a requirement that premises operating under the authority of, a premise licence, a club registration or a temporary event notice, who wish to allow children on the premises will indicate that intention in the operating schedule and include all the steps they have taken or intend to take to comply with the licensing objectives especially the protection of children from harm. 7.8 The Licensing Authority will consult with the appropriate responsible authorities including the body responsible for or who are interested in the protection of children. For Wakefield District this body is the Wakefield and District Safeguarding Children Board. 7.9 The statutory requirements that all applications, which include children on licensed premises, must be subject of consultation with this body will be complied with. -25-

26 7.10 The address for this body is shown at Appendix C The Licensing Authority will give due consideration to any representations or observations made by this body The Licensing Authority supports the principle of family friendly and safe environments for children on all licensed premises and will only seek to condition licences, where children are allowed on the premises, to meet the licensing objectives An example would be in cases where any of the following apply: - (a) (b) (c) (d) (e) Entertainment of an adult or sexual nature are provided, Where members of staff have been convicted of serving alcohol to minors or the premise has a reputation for underage drinking, It has a known association with drug taking or drug dealing, Where there is a strong element of gambling on the premises, Where the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided In these circumstances the conditions, which are likely to be attached to, any licence would include: - (a) (b) (c) (d) (e) (f) Limitations on the hours when children will be permitted, Stating a minimum age for access by children, Limiting or prohibiting access when certain activities are taking place, Permitting access only when the child is accompanied by an individual aged 18 years or over, A combination of (a), (b), (c) or (d), A full exclusion of all individuals aged less than 18 years No condition will be imposed by the Licensing Authority requiring the admission of children to any licensed premises and where no limitation on the admission of children is imposed this will be left to the discretion of the licence holder or the club and should be shown in the operating schedule In the case of children only events, for example, an under 18 disco, production of a play, a pantomime or similar event the Licensing Authority will seek to have a specific ratio of adult supervisors to children that can be reasonably expected on the premises for the activity This will be the minimum number of supervisors and licence holders will not be prevented from having higher levels of supervision if they so wish The ratio will be one supervisor per 50 children plus one supervisor for each floor and one supervisor for each exit. This would mean at an event where -26-

27 300 children are expected, which takes place on premises which have 2 floors and 4 exits there would need to be 6 supervisors for the capacity of the premises, plus 2 for the two floors, plus 4 for the number of exits giving a total of 12 supervisors on duty throughout the duration of the event The Licensing Authority will make careful checks where premises or entertainment is specifically targeted towards children to ensure all persons employed or involved with the supervision or management are deemed appropriate persons to be engaged in the activity. Where premises or entertainments are targeted towards children all persons employed or involved with the supervision or management should be suitably qualified and aware of what actions to take if they have concerns about the welfare of a child. Children and Alcohol 7.20 In relation to premises which have authority to sell or supply alcohol, the Licensing Authority require the responsible person, who is selling or supplying alcohol, to comply with the restrictions in relation to serving individuals under 18 years of age The Licensing Act 2003 requires that the premises licence holder or club premises licence holder ensures that an age verification policy applies to the premises in relation to the sale of alcohol. The policy will require individuals who appear to be under 18 ( or an older age as specified by the policy) to produce identification bearing their photograph, date of birth and a holographic mark such as: - (a) (b) (c) (d) A passport, A photo card driving licence, A proof of age scheme card, (e.g. Validate, PASS card, Citizen Card) that is backed by the Home Office An official identity card, issued by H.M. Armed Forces or a European Country, bearing the holders photograph and date of birth Events such as student nights which invariably embrace 16 to 18 year olds, place a greater responsibility on licence holders to ensure the protection of children from harm. Operating schedules should include clear management plans demonstrating how the licence holder intends to control and mitigate the potential harm to individuals under 18 years of age attending these events. Children and Cinemas 7.23 The Licensing Authority will expect the operating schedule for a cinema to include measures to ensure that under age children will be prevented from viewing films that have an age restriction as determined by the British Board of Film Classification (BBFC) or by this Council. -27-

28 7.24 A mandatory condition will be made as required by Section 20 of the Act in relation to the admission of children, that is a person less than 18 years of age, to age restricted films as determined by the BBFC or by this Council The document, Film Classifications Guidelines, which is the Licensing Authority policy in relation to film classification, sets out the procedure for films that do not have a BBFC classification Appendix J sets out the mandatory conditions. Children and Theatres 7.27 Theatres present a wide range of entertainment activities, including those specifically for children, as well as more adult entertainment It is a requirement that the operating schedule will include all measures to ensure children are not allowed admission on those occasions when the entertainment is not suitable for certain ages Children may be present at an event as the entertainers in part or in full and it would be good practice to have nominated adults responsible for the child performers to ensure their safety and well being The Children (Performances) Regulations 1968 sets out the requirements for children performing in a show The Licensing Authority will look at such matters as the venue, fire safety, special effects and the control of children in terms of equipment and accounting for them in an emergency Conditions may be imposed to deal with these matters to meet the Licensing Objectives, in particular, the protection of children from harm The Validate UK scheme referred to previously can assist with age restricted entertainment in ascertaining the age of children. Children and Other Licensable Activities 7.34 The Licensing Authority are aware that certain licensable activities in relation to entertainment may not be suitable for children or the environment may not be suitable for children. This could involve a comic show with adult material or a satirical review with adult material. Some entertainers use different material for their act at different times of the day when the audiences are of different age groups. -28-