Read the text of this document (53 pages)
Statement of Licensing Policy
The Licensing Act 2003
Effective – January 2026 to January 2031
Contents
1. Introduction and Background Page 2
2. Policy Statement Page 2
3. Consultation Page 3
4. General principles & role of the Licensing Authority Page 4
5. Integration of Strategies Page 4
6. Partnership Working and Initiatives Page 7
7. Environmental Best Practices Page Page 8
8. Equality Duty Page 8
Policy Page 1
9. Immigration Act Page 9
10. Modern Day Slavery Page 10
11. Counter-Terrorism Page 10
12. Licensing Objectives – Prevention of Crime & Disorder Page 10
13. Licensing Objectives – Public Safety Page 13
14. Licensing Objectives – Prevention of Public Nuisance Page 14
15. Licensing Objectives – Protection of Children from Harm Page 16
16. Public Health & Licensing Page 18
17. Licensing Committee Page 19
18. Authorisations and Applications Page 19
19. Representations Page 22
20. The Role of Ward Councillors Page 24
21. Decision Making and Licensing Hearings Page 25
22. Licence Conditions Page 27
23. Enforcement Page 27
24. Reviews Page 28
25. Cumulative Effect Page 29
26. Mobile, Remote and Internet Sales Page 30
27. Licensing Hours Page 31
28. Exemptions Page 32
Appendix A – Table of Delegations Page 34
Appendix B – Prevention of Crime & Disorder Page 35
Appendix C – Public Safety Page 39
Appendix D – Prevention of Public Nuisance Page 41
Appendix E – Protection of Children from Harm Page 44
Appendix F – List of Responsible Authorities Page 46
Appendix G – Current Mandatory Conditions Page 47
Appendix H – Map of London Borough of Hillingdon Page 51
Annex A – Ward Councillor Representations Page 52
Policy Page 2
1. Introduction & Background
1.1. Hillingdon is the second largest of London’s 33 Boroughs. More
than half of Hillingdon's 42 square miles is made up of countryside,
including canals, rivers, parks and woodland. It shares its borders
with Hertfordshire, Buckinghamshire, Hounslow, Ealing, a nd
Harrow. In addition to Heathrow Airport, Hillingdon is also home to
the RAF airport at RAF Northolt.
1.2. As of 2025, the London Borough of Hillingdon has an approximate
population of 304,800 residents. The Borough is made up of a total
of 21 Wards which is shown in Appendix H of this Policy.
1.3. The London Borough of Hillingdon is the Licensing Authority under the
Licensing Act 2003 and is responsible for the administration and
enforcement of the provisions relating to:
Alcohol sales/supplies
Regulated Entertainment
Late Night Refreshment
1.4. The London Borough of Hillingdon currently has approximately 900
premises authorisations in force and 5200 personal licences held by
individuals.
2. Policy Statement
2.1. The Licensing Authority exercises a range of responsibilities, including
helping to develop a thriving food, drink and entertainment economy
whilst safeguarding the local community against issues which may arise
from licensed premises.
2.2. The London Borough of Hillingdon is required by Section 5 of the
Licensing Act 2003 (“the 2003 Act”) to determine and publish a
statement of licensing policy at least once every five years. The
Licensing Policy will provide the Licensing Authority with the
fundamental principles in respect of carrying out its licensing functions.
2.3. The Policy is also intended to inform applicants, residents and other
stakeholders about the way in which the Licensing Authority will make
decisions and the operating standards expected from licensed premises
in accordance with the licensing objectives.
2.4. In determining its policy, the Council will take into account the Secretary
of State's Guidance issued under Section 182 of the Licensing Act 2003
(last updated on 27th February 2025 ).
2.5. In respect of all licensing functions and determination of any licensing
policy, the Council has a duty to promote the four licensing objectives:
Policy Page 3
The prevention of crime and disorder;
The protection of children from harm;
The prevention of public nuisance; and
Public safety.
Each objective is of equal importance.
2.6. Determining and publishing a statement of its policy is a licensing
function and so the Licensing Authority must have regard to the
Guidance issued under Section 182 of the 2003 Act. The Licensing
Authority may depart from this policy if the individual circumstances of
any case merit such a decision in the interests of the promotion of the
licensing objectives. However, if this is done then the Licensing Authority
shall give full reasons for departing from its policy.
3. Consultation
3.1. In reviewing the Council’s Statement of Licensing Policy, the Council
sought observations and comments from the following persons,
organisations and groups and their comments have been incorporated
into this policy where relevant:
Chief Officer of Police for Hillingdon
London Fire Brigade
Chief Planning Officer
Hillingdon Safeguarding Children Board
Health and Safety Executive and Hillingdon’s Health and
Safety Enforcement Team
Public Health
Trading Standards
Enforcing Authority for Public Nuisance (Environmental
Protection Team)
Bodies representing holders of current authorisations
Resident's Associations
Ward Members
Hillingdon’s Anti-Social Behaviour Investigations Team
Transport for London (TfL)
The London boroughs of Hounslow, Harrow, Ealing
The borough councils of South Bucks, Three Rivers,
Spelthorne, Slough
Hillingdon Arts Council
Individuals who have requested a copy of the draft policy
Home Office - Immigration
Policy Page 4
4. General Principles and the Role of the Licensing Authority
4.1. The role of the Licensing Authority is to ensure control of the licensable
activities at licensed premises, qualifying clubs, temporary events and
the conduct of the personnel involved with the licensable activities as
required under the 2003 Act.
4.2. Conditions attached to the Premises Licences and Club Premises
Certificates granted by the Licensing Authority will relate to the licensing
objectives and matters over which the Premises Licence Holder or Club
Management Committees have direct control.
4.3. The focus will be on the licensed premises and the activities in the
vicinity of those premises. Those activities , on licensed premises , that
have a direct impact on members of the public living, working or engaged
in normal activities in the area , fall within the scope of the licensing
regime.
4.4 Anti-social behaviour of patrons in and around a licensed premises and
disturbance or nuisance which can be proved to be emanating from
particular premises will be a consideration for the Licensing Authority in
its enforcement and decision-making role.
5. Integration of Strategies
5.1. Many people and organisations are involved with, or affected by, the
ways in which licensed premises are operated. Most are involved, directly
or indirectly, in the promotion of the licensing objectives, particularly
those relating to the prevention of cri me and disorder and public
nuisance. Amongst the various stakeholders there will be a wide range
of strategies that relate to, or are influenced by, the exercise of the
Council’s licensing function.
5.2. The Licensing Authority recognises that this Policy does not
operate in isolation. The Licensing Authority will seek to integrate
its approach with a range of local strategies and initiatives that
support the promotion of the licensing objectives and the wider
public interest.
These include, but are not limited to:
Uxbridge Town Centre Vision –
detailing a long term plan for
more opportunities for local residents and businesses and to
ensure Uxbridge continues to thrive.
Public Spaces Protection Order 2025, May 2025 (PSPO) –
addressing anti-social behaviour in designated areas.
Public Health Strategies – reducing alcohol -related harm and
promoting community wellbeing.
Policy Page 5
Community Safety and Policing Strategies – tackling crime,
disorder, and safeguarding concerns.
Local Planning and Regeneration Frameworks – ensuring
consistency between licensing and land use planning.
Youth and Vulnerability Strategies – protecting children and
vulnerable adults from harm.
The Licensing Authority will work collaboratively with responsible
authorities, local partnerships, and community stakeholders to
ensure that licensing decisions contribute positively to these wider
aims.
5.3. The Licensing Authority recognises the need to avoid, so far as possible,
duplication with other regulatory regimes. Some regulations, however, do
not cover the unique circumstances of some licensable activities. The
Licensing Authority will consider attaching conditions to Premises
Licences and Club Pre mises Certificates where : these are appropriate,
reasonable and proportionate for the promot ion of the licensing
objectives; these are not already provided for in any other legislation ;
these are not contained within the applicant’s operating schedule; and if
there are relevant representations
5.4. The Licensing Committee will be prepared to accept reports from other
relevant departments of the Council regarding the state of the borough.
These reports may include contributions from those responsible for the
promotion of tourism, cultural development, planning, transport,
reduction of crime or anti-social behaviour, community safety, social, and
health and community development. This should enable the various
agencies or departments with their own strategies, aims and objectives
to keep the Licensing Committee aware of the wider picture in pursuance
of the licensing objectives.
5.5. Planning and public nuisa nce legislation carry the highest risk of
duplication within the Licensing regime. While licence conditions should
not duplicate other statutory provisions, licensing authorities and
licensees should be mindful of requirements and responsibilities placed
on them by other legislation. Relevant legislation may include the
following:
The Gambling Act 2005
The Environmental Protection Act 1990
The Noise Act 1996
The Clean Neighbourhoods and Environmental Act 2005
The Regulatory Reform (Fire Safety) Order 2005
The Health and Safety at Work etc. Act 1974
The Equality Act 2010
The Immigration Act 2016
Regulators’ Code under the Legislative and Regulatory Reform
Act 2006
Policy Page 6
Planning
5.6. The licensing function is and should remain distinct from the Planning
process. It will be for the planning process to determine land /building
use decisions and the marketplace to determine need for particular types
of premises/activities. Licensing decisions will be made with regard to the
furtherance of the Licensing Objectives with regard to the particular use
sought. However, it is strongly recommended that applicants ensure that:
The proposed licensable activities do not contravene planning
legislation; and
The hours sought are within the limits authorised by any planning
permission.
5.7. Whilst licensing and planning functions are distinct and operate
under separate legislative frameworks, licensing committees are
not bound by decisions made by planning committees, and vice
versa. Nevertheless, in accordance with Government guidance and
best practice, the Licensing Authority will seek to engage in
constructive dialogue with planning counterparts. This
collaborative approach aims to promote consistency in decision -
making, particularly in relation to the design of licensed pre mises
and operating hours.
5.8. The Licensing Authority recognises the ‘Agent of
Change’ principle.
This principle places the responsibility for mitigating the impact of
new development on the party introducing the change. For
instance, if a residential development is proposed near an existing
licensed premises (such as a late-night entertainment premises), it
is the responsibility of the developer — not the venue — to ensure
that appropriate noise mitigation measures are in place.
The Licensing Authorit y will work closely with the Council’s
Planning, Environmental Protection and Anti -Social Behaviour
Teams to ensure a joined-up approach to managing noise and
other potential conflicts between new developments and existing
licensed premises.
Applicants fo r new developments near licensed premises are
encouraged to engage early with both planning and licensing
authorities to address potential impacts.
The Licensing Authority recognises that this principle helps
protect the cultural and economic value of established venues
while ensuring that new developments are appropriately designed
to coexist with their surroundings.
Policy Page 7
Enforcing Authority for Public Nuisance
5.9. The Environmental Protection Unit is charged with enforcing regulations
relating to Public Nuisance and is also a responsible authority for Public
Nuisance matters under the 2003 Act.
5.10. It is accepted that the Licensing Authority will often work hand in hand
with the Environmental Protection Unit where nuisance related issues
occur at licensed premises. Whilst the Licensing Authority has a duty to
uphold the prevention of public nuisance, it should be recognised that
this duty will not replace the Licensing Authority’s responsibilities under
other legislation.
6. Partnership Working and Initiatives
6.1. The Licensing Authority encourages work between the Licensing
Authority, relevant authorities such as Police, Environmental Health, and
Trading Standards, and the licence holder themselves in order to solve
licensing problems and to promote the licensing objectives.
6.2. Groups representing licence holders are encouraged to participate in
their local crime and disorder reduction partnerships, such as Pubwatch
schemes.
6.3. The Licensing Authority has a duty to work with all partners in order to
deliver the promotion of the licensing objectives.
Business Improvement Districts
6.4. The Licensing Authority support and encourage further developments for
Business Improvement Districts (BIDs) where partnership arrangements
and joint responsibility are formed with local businesses and
stakeholders. BIDs can play an important and positive role in discussing
and tackling local issues and they have the ability to put forward
appropriate schemes that are of benefit to the community.
More information on BIDs can be found at:
https://www.gov.uk/government/publications/business-improvement-
districts-guidance-and-best-practice
Best Bar None
6.5. The Licensing Authority recognise the value of the Best Bar None
Scheme in improving standards in the Evening and Night Time
Economy. For example, they reduce alcohol related crime and disorder,
build positive relationships between the licensed trade, police and local
authorities and responsible owners are recognised and able to share
good practice with others. Furthermore, they promote the town or city as
a safe and vibrant city to go at night and show a willingness to address
alcohol related crime and anti-social behaviour through the promotion of
good practice and education.
Policy Page 8
More information on Best Bar None can be found at:
https://bbnuk.com
Purple Flag
6.6. The Licensing Authority acknowledge that that Purple Flag status, an
accreditation recognising a well managed night time economy, can bring
real benefits which include:
A raised profile and an improved public image for the location
A wider patronage, increased expenditure
Lower crime and anti-social behaviour
A more successful mixed use economy in the longer term
More information on Purple Flag can be found at:
https://www.atcm.org/purple-flag
7. Environmental Best Practice
7.1. The Licensing Authority recognises the importance of promoting
environmental sustainability and encourages licence holders and
applicants to adopt environmentally responsible practices. These
may include but are not limited to:
Reducing single -use plastics, especially in drinkware and
packaging
Managing waste responsibly such as implementing recycling
and waste separation schemes
Minimising energy and water consumption
Sourcing products locally and sustainably
Carrying out food waste reduction measures
8. Equality Duty
8.1. The Licensing Authority have a public sector equality duty in relation to
the following protected characteristics:
Age
Disability
Sex
Gender reassignment
Sexual orientation
Pregnancy and maternity
Race
Religion or belief
Policy Page 9
8.2. Under Section 149 of the Equality Act 20 10 a Public Authority must, in
the exercise of its functions, have due regard to the need to:-
(a) eliminate discrimination, harassment, victimisation and any other
conduct that is prohibited under the 2010 Act
(b) advance equality of opportunity between persons who share a
relevant protected characteristic and persons who do not share it
(c) foster good relations between persons who share a relevant
protected characteristic and persons who do not share it
8.3. The Licensing Authority has considered the Equality and Diversity issues
that may arise from the Policy . The L icensing Authority considers that
this policy does not raise any concerns with regards to equality and
diversity.
9. Immigration Act
9.1. Following the implementation of the Immigration Act 2016, the Licensing
Authority will ensure that the “Entitlement to Work” test is checked and
scrutinised for Personal Licence Holders and individual Premises
Licence Holders where the Premises Licence permits the sale of alcohol
or late night refreshment.
9.2. Where an individual holding a Premises Licence within the Borough
ceases to be entitled to work in the United Kingdom on or after 6 th April
2017, the Premises Licence lapse s immediately and will lapse
completely unless transferred or an Interim Authority is lodged within 28
days of when the individual’s right to work ended.
9.3. A Personal Licence issued by the Licensing Authority will lapse when an
individual is no longer entitled to work in the United Kingdom on or after
6th April 2017.
9.4. The Licensing Authority will work closely with the Home Office
Immigration Enforcement (HIOE) as a Responsible Authority. The
Licensing Authority will advise the HIOE where applicants have
committed immigration offences and furthermore provide the HIOE
assistance when entering and carrying out their enforcement duties at
licensed premises within the Borough.
9.5. From 1 st July 2021, EEA citizens and their family members are
required to demonstrate lawful immigration status in the UK in
order to prove their right to work. An EEA passport or national
identity card alone is no longer sufficient as these documents
confirm nat ionality but not immigration status. The Licensing
Authority shall ensure that applicants provide appropriate
evidence of their right to work in the UK, in line with Home Office
requirements applicable to all foreign nationals.
Policy Page 10
The Licensing Authority shall treat all applicants in the same way
during the application process and shall not discriminate against
anyone. The Licensing Authority shall ensure that the process will
be carried out in a fair, transparent and consistent way.
10. Modern Day Slavery
10.1. The Licensing Authority acknowledges the implementation of the
Modern Day Slavery Act 2015 and will therefore fully take on their
responsibilities and statutory duties under the 2015 Act
10.2. This Licensing Authority recognises the role it can play in proactively
preventing modern slavery, which includes consideration of:-
Identification and referral of victims during inspections and visits
Reporting and referring for investigation via the National Crime
Agency’s national referral mechanism any of its licence holders or
managers of premises as a cause for concern
Assisting partners with community safety services and disruption
activities.
11. Counter-Terrorism
11.1. Applicants for premises licences are encouraged to consider:
Undertaking a terrorism threat risk assessment to
ensure that any security related concerns are identified
and, appropriate reasonable and proportionate steps are
taken to reduce any risks from a terrorist attack, and
Undertaking an ACT security plan, including completion
of a preparedness plan, information sharing and
training.
11.2. More relevant information and advice regarding counter -
terrorism measures can be found on the Protect UK Website:
www.protectuk.police.uk
12. Licensing Objectives - The Prevention of Crime and Disorder
12.1. Licensed premises, especially those offering late night/early morning
entertainment, alcohol and refreshment, can be a source of crime and
disorder. The Licensing Authority will expect operating schedules to
satisfactorily address these issues from the des ign of the premises
through to the daily operation of the business. Applicants are
recommended to seek advice from the Police Licensing Officer and
Licensing Authority Officers prior to making any application as early
advice can alleviate representations b eing made once an application is
Policy Page 11
submitted. Full contact details for both are contained within the
Responsible Authorities contact in Appendix F.
12.2. Applicants should, where appropriate, take account of local planning and
transport policies, and tourism, cultural and crime prevention strategies,
when preparing their operating plans and schedules.
12.3. Where a number of premises may be in close proximity it may be difficult
to attribute the disorder to patrons of particular premises, however there
is a duty on Premises Licence Holders or Club Management Committees
to act responsibly to ensure their own customers do not contribute to
crime and disorder whilst in their premises and in the vicin ity of their
premises.
12.4. When addressing crime and disorder, the applicant should identify any
particular issues that are likely to affect adversely the promotion of the
crime and disorder objective. They should then include in the operating
schedule how they will deal with those matters.
12.5. Operating schedules should then show how they will address the issues
identified. Further guidance on these measures is contained in Appendix
B.
12.6. Applications referred to the Licensing Sub -Committee where relevant
representations have been received will be determined on the individual
merit of each case. The Licensing Sub -Committee has the power to
impose specific conditions when considered appropriate in respect of the
Crime and Disorder objective.
12.7. The Council’s Licensing Officers will work closely with the Metropolitan
Police Service to ensure licence conditions are met , matters relating to
crime and disorder are resolved , and that licensed premises are being
operated according to the requirements of the 2003 Act.
12.8. Following the grant of a premises licence, the Metropolitan Police
Service, Elected Members and/or interested parties such as local
residents and Ward Councillors can apply to the Licensing Author ity for
a review of the licence if they consider that the Prevention of Crime and
Disorder objective has not been met and is relevant.
12.9. When making decisions about an application the Licensing Sub -
Committee will have regard to the Borough’s Crime Prevention Strategy
and any conditions attached to licences or certificates will so far as
possible reflect local crime prevention strategies
12.10. High risk or poorly managed premises will be subject to a highe r
frequency of inspections than low risk and well managed premises. Some
of these inspections will be unannounced and conducted whilst the
premises are in use for the purpose of the licence.
12.11. In the interest of public order and the prevention of terrorism, the
Licensing Authority would expect that for significant events, a
Policy Page 12
comprehensive risk assessment is undertaken by premises licence
holders to ensure that crime and disorder and public safety matters are
identified and addressed. Accordingly, for premise s that wish to stage
promotions, or events ( see examples set out in Appendix B), the
Licensing Authority recommends those applicants address the Risk
Assessment and debrief processes in their operating schedule.
12.12. The Licensing Authority strongly encourages applicants to carry out a
detailed and thorough risk assessment when carrying out promotions or
events. Where the risk assessment identifies significant risks for an event
or promotion then the Licensing Authority would normally expect the
applicant to consult with the Police and the Licensing Authority.
12.13. Personal Licence applicants will have to meet specific standards with
regard to their suitability. There are a number of obligations on Personal
Licence Holders , including those who are named as Designated
Premises Supervisors, the breach of which could mean appearing before
the Magistrates Court.
12.14. Spiking — whether through the addition of drugs or alcohol to a
person's drink or through other means — is a serious criminal
offence and poses significant risks to public safety. The Licensing
Authority expect relevant licensed premises such as late -night
venues to take proactive steps to prevent and respond to incidents
of spiking. These may include:
Staff training to identify signs of spiking and respond
appropriately
Clear signage informing patrons about the risks of spiking and
encouraging vigilance
Availability of drink covers or testing kits, where appropriate
Robust incident reporting procedures, including liaison with
police and local safeguarding teams
Safe spaces or welfare areas for individuals who may be
vulnerable or affected
Where appropriate and proportionate the Licensing Authority may
consider imposing specific conditions to ensure the licensing
objectives are being fully promoted.
12.15. The Licensing Authority supports initiatives such as “Ask For
Angela” and similar schemes as part of its commitment to
promoting the licensing objectives.
“Ask for Angela” is a nationally recognised safeguarding initiative
that enables individuals who feel unsafe, vulnerable, or threatened
in licensed premises to discreetly seek help. By approaching staff
and asking for “Angela,” trained personnel are alerte d to provide
assistance. This support may include: escorting the individual to a
safe space, contacting venue security or emergency services,
Policy Page 13
reuniting them with friends or family and /or arranging safe
transport home.
The Licensing Authority encourages relevant licences premises to:
Display “Ask For Angela” posters prominently
Ensure staff receive Welfare and Vulnerability Engagement
(WAVE) training
Include the scheme in their operating schedules
Maintain clear procedures for recording and responding to
safeguarding concerns
The Licensing Authority may consider the adoption of the “Ask
for Angela” scheme as a condition of licence where appropriate
and proportionate, particularly for venues operating late at
night.
13. Licensing Objectives - Public Safety
13.1. The 2003 Act covers a range of premises and activities, including
cinemas, concert halls, theatres, nightclubs, public houses,
cafes/restaurants and fast food outlets/takeaways. Each of these types
of premises present a mixture of risks to p ublic safety, with many
common to most premises and others unique to specific operations. It is
essential that premises are constructed or adapted and operated so as
to acknowledge and safeguard occupants against these risks.
13.2. The Licensing Authority wil l expect operating schedules to satisfactorily
address these issues and applicants are advised to seek advice from the
Borough’s Licensing Officers and the London Fire Brigade (contact
details can be found in Appendix F) before preparing their plans and
schedules. Where an applicant identifies an issue relating to public safety
(including fire safety) that is not covered by existing legislation, the
applicant should identify in their operating schedule the steps that they
will take to ensure public safety. Where representations are received and
upheld at a hearing, the Licensing Authority will consider attaching
conditions to licences and permissions to promote safety.
13.3. Appendix C provides a list of examples of measures to promote Public
Safety.
13.4. If relevant representations are received from a Responsible Authority,
Elected Members or interested parties the application will be determined
by a Licensing Sub-Committee.
13.5. Applications referred to the Licensing Sub-Committee will be determined
on the individual merit of each case. The Licensing Sub-Committee have
the power to impose specific conditions when considered necessary in
respect of the Public Safety objective.
Policy Page 14
13.6. Following the grant of a premises licence, the London Fir e and
Emergency Planning Authority, Elected Members and/or the Enforcing
Authority within the meaning given by section 18 of the Health and Safety
at Work etc. Act 1974 and/or interested parties such as local residents
and businesses can apply to the Licen sing Authority for a review of the
licence if they consider that the Public Safety objective has not been met.
13.7. The Licensing Authority's Licensing Officers will conduct inspections of
licensed premises to ensure that the approved safety standards are
being maintained and that licence conditions are being complied with.
13.8. High risk or poorly managed premises will therefore be subject to a higher
frequency of inspections than low risk and well managed premises. Some
of these inspections will be unannounced and conducted whilst the
premises are in use for the purpose of the licence.
13.9. The Council’s Licensing Officers, Fire Safety Officers and Health &
Safety Officers will work closely together to resolve matters relating to
public safety in licensed premises.
14. Licensing Objectives - The Prevention of Public Nuisance
14.1. Licensing Sub -Committees will be mindful that licensed premises,
especially those operating late at night and in the early hours of the
morning, can cause a range of nuisances impacting on people living,
working or sleeping in the vicinity of the premises. When addressing
public nuisance, the applicant should identify any particular issues that
are likely to affect adversely the promotion of the licensing objective to
prevent public nuisance. They should then include in the operating
schedule how they will deal with those matters. The concerns mainly
relate to noise nuisance from within the premises or from the use of any
outside areas, light pollution, smoke and noxious smells. This may also
include patrons outside a premises and the dispersal of customers. Due
regard will be given to the impact these may have and the Licensing
Authority will expect operating schedules to satisfactorily address these
issues.
14.2. Appendix D provides a list of example s of relevant issues relating to
public nuisance and considerations to be made to prevent such nuisance
occurring.
14.3. Applicants should give particular consideration to measures to reduce
the occurrence of public nuisance associated with accommodating
smokers outside the premises following the introduction of smoke free
areas in enclosed or substantially enclosed places.
14.4. In relation to smoking outside licensed premises, it is expected that:
Policy Page 15
Suitable receptacles for customers will be provided and maintained
to dispose of cigarette litter in areas used, or likely to be used, for
smoking
Licensees will take all reasonable steps to discourage smoking on
the public highway close to residential premises, particularly after
10pm. This could include measures such as a ban on customers
taking drinks outside on to the public highway, the use of door
supervisors, or imposing a time after which re -admissions to the
premises will not be permitted
Garden areas are to be cleared at a reasonable time where not
doing so could cause nuisance to neighbouring residents.
Appropriate signage is to be displayed prominently at the premises
14.5. Where an application includes provision of a smoking shelter then the
Licensing Authority expects the shelter to be situated as far as possible
from neighbouring residential premises.
14.6. If relevant representations are received from a Responsible Authority,
Elected Members or interested parties, the application will be determined
by a Licensing Sub-Committee.
14.7. Applications referred to the Licensing Sub-Committee will be determined
on the individual merit of each case. The Licensing Sub-Committee have
the power to impose specific conditions when cons idered necessary in
respect of the Prevention of Public Nuisance objective.
14.8. Following the grant of a premises licence, the Council’s Environmental
Protection Unit, Elected Members and/or interested parties such as local
residents and businesses can apply to the Licensing Authority for review
of the licence if they consider that the Prevention of Public Nuisance
objective has not been met.
14.9. The Licensing Authority's Licensing Officers will conduct inspections of
licensed premises to ensure that the conditions relating to the prevention
of public nuisance are being complied with.
14.10. High risk or poorly managed premises will therefore be subject to a higher
frequency of inspections than low risk and well managed premises. Some
of these inspections will b e unannounced and conducted whilst the
premises are in use for the purpose of the licence.
14.11. The Council's Licensing Officers and Environmental Protection Officers
will work closely with the Council's Anti-Social Behaviour Investigations
Team, requesting monitoring visits of specific premises and receiving
feedback regarding the witnessing of statutory noise and public nuisance
or the breach of licence conditions.
Policy Page 16
15. Licensing Objectives - The Protection of Children from Harm
15.1. The Licensing Authority is committed to ensuring that licensed
premises operate in a manner that safeguards children from harm.
This includes physical, psychological, and moral harm, and
extends to concerns such as underage drinking, exposure to adult
content, and child sexual exploitation.
15.2. The Licensing Authority believes that it is completely unacceptable
to sell alcohol to children. Applicants should demonstrate how they
will promote this objective in their operating schedules. Measures
may include: Challenge 25 or similar age verification policies, staff
training on safeguarding and identifying vulnerable children,
restrictions on access to certain areas or times and clear signage
and supervision arrangements. Other considerations can be found
in Appendix E of this Policy.
15.3. The Licensing Authority strongly encourages participation in
safeguarding initiatives such as: ‘Ask for Angela’, WAVE (Welfare
and Vulnerability Engagement) training and reporting and
recording concerns to the police or Safeguarding Teams.
15.4. The range of ‘licensed premises’ under the 2003 Act is very broad. It
includes pubs, cinemas, theatres, restaurants, off licences etc.
15.5. Under the 2003 Act, unaccompanied children under the age of 16 are
not allowed on premises such as public houses which are used
exclusively or primarily for the supply of alcohol for consumption on the
premises.
15.6. This restriction does not apply to premises such as restaurants and
bowling alleys etc. where the supply of alcohol is not the principal use of
the premises. However, unaccompanied children under the age of
sixteen are not permitted in such premises betw een the hours of
midnight and 5 a.m. Admission of children will always be at the discretion
of those managing the premises unless specifically prohibited by way of
licence conditions.
15.7. Where applicant s are proposing adult entertainment, they must
make it clear in their operating schedule about the details of the
activity or event and times so that it can be determined when it is
not appropriate for children to enter the premises. Applicant should
consider the proximity of their premises to schools and youth clubs
and ensure that any advertising is not displayed at a time where
children are likely t o by close by. . Applicants are advised to contact
the Safeguarding Children and Quality Assurance t eam or the
Licensing Team directly to seek advice prior to submitting their
application.
15.8. It is recognised that the Mandatory Conditions attached to premises
licences where alcohol is sold/supplied must have in place an age
Policy Page 17
verification scheme. The Licensing Authority would normally expect this
scheme to include a challenge for photo identification to all persons who
appear to be under the age of 25 years, i.e. 'Challenge 25'.
15.9. If relevant representations are rec eived from a Responsible Authority,
Elected Members or interested parties the application will be determined
by a Licensing Sub-Committee.
15.10. Applications referred to the Licensing Sub-Committee will be determined
on the individual merit of each case. The Licensing Sub-Committee have
the power to impose specific conditions when considered necessary in
respect of the Protection of Children from Harm objective.
15.11. Following the grant of a premises licence, the Council’s Safeguarding
Children and Quality Assuran ce t eam, Elected Members and/or
interested parties such as local residents and businesses can apply to
the Licensing Authori ty for a review of the licence if they consider that
the Protection of Children from Harm objective has not been met.
15.12. The Licensing Authority's Licensing Officers will conduct inspections of
licensed premises to ensure that the conditions relating to the protection
of children from harm are being complied with.
15.13. High risk or poorly managed premises will therefore be subject to a
higher frequency of inspections than low risk and well managed
premises. Some of these inspections will be unannounced and
conducted whilst the premises are in use for the purpose of the licence.
15.14. The Licensing Authority will expect that each operator dealing in the sale
and supply of alcohol implements a proof of age policy in line with the
Mandatory Licence conditions. The Licensing Authority expects
premises licence holders to ensure that their staff are adequately trained
and in every case where there is any doubt as to whether the customer
is aged eighteen or over operate on a ‘No ID, No sale’ basis.
15.15. It is expected that all refusals of alcohol shall be recorded by the operator
in a Refusal or Incident Log. This Log shou ld be made avail able for
inspection to a Police Officer or authorised officer from the Local
Authority when requested.
15.16. Trading Standards Officers and Police Officers will carry out test
purchases of alcohol using young volunteers. Where sales are made,
enforcement action will be taken against all responsible persons.
15.17. The Licensing Authority shall maintain close contact with the police,
trading standards and
Youth Justice Teams concerning any unlawful
sales at premises and reports of consumption of alcohol by minors.
Policy Page 18
Children’s access to cinemas
15.18. The Licensing Authority accepts that the British Board of Film
Classification (BBFC) is the recognised authority in categorising films. It
therefore accepts the BBFC classifications with respect of children’s
films. The Licensing Authority will expect applicants to include in their
operating schedules arrangements for restricting children from viewing
age-restricted films classified according to BBFC recommendations.
Children and Regulated Entertainment
15.19. There are many kinds of regulated entertainment which are specifically
arranged for children, such as plays, concerts, and film shows, some of
which may be school based. When it is proposed to present an
entertainment specifically for children, then additional safety measures
may need to be considered. The Council’s Licensing Officers and the
Safeguarding Children and Quality Assurance t eam are able to offer
advice and guidance in respect of such presentations and organisers of
such events are encouraged to seek such advice.
16. Public Health & Licensing
16.1. The Director of Public Health in Hillingdon is a responsible authority
under the 2003 Act and may make representations in respect of premise
licence applications and club premise certificates and may also apply to
review premise licences and certificates.
16.2. Public Health may hold useful information which may be used by the m
to make representations in their own right or to support representations
by other r esponsible authorities. Thes e representations can potentially
be made on the grounds of all four licensing objectives.
16.3. A range of public health issues may relate directly to one or more of the
Licensing Objectives; for example, violent assaults, cases of alcohol
poisoning at licensed premises, or issues with loud noise emanating
from premises.
16.4. Public Health may record data where intoxication of patrons at specific
premises has led to accidents and injuries from violence, including those
resulting in attendances at emergency departments and the use of
ambulance services. Some of these incidents will be reported to the
police, but many will not. This information can be relevant to the public
safety, public nuisance and crime and disorder objectives.
16.5. The Licensing Authority recognises the potential for Public Health to
participate in the licensing process in relation to the protection of children
from harm. This objective concerns the physical safety of children and
also their moral and psychological wellbeing. Public Health may present
evidence relating to under 18 s alcohol-related emergency department
Policy Page 19
attendance, hospital admissions and underage sales of alcohol linked to
a specific premises and their practices.
16.6. The Licensing Authority will work with the Director of Public Health and
their staff in order to identify and utilise relevant public health data within
the licensing process. In addition, the Licensing Authority will support the
NHS and alcohol charities to raise awareness of the dangers of excess
consumption of alcohol.
17. Licensing Committee
17.1. A Licensing Committee consisting of at least ten, but not more than
fifteen Councillors, has been appointed. The Licensing Committee will
be kept informed by way of reports from officers on a wide range of
matters which may impact on their role.
17.2. The 2003 Act dictates that uncontested applications shall be granted and
that such applications should be dealt with by specific officers who have
been so delegated by the Licensing Authority.
17.3. Whenever relevant representations have been received from
Responsible Authorities, Elected Members and/or Interested Parties in
respect of an application, that application will be referred to a Licensing
Sub-Committee for determination.
17.4. Although the Licensing Authority welcomes views from all members of
the community, Government guidance states that the Council as the
Licensing Authority should be aware that the views of vocal minorities
should not be allowed to predominate over the general interests of the
community that the Licensing Committee represents.
18. Authorisations and Applications
18.1. There are a number of authorisations relating to:
• Sale/Supply of alcohol
• Regulated entertainment
• Late Night Refreshment
These are:
Premises Licences
18.2. Any person aged eighteen years or over who is carrying on, or who
proposes to carry on, a business that involves the use of premises for
licensable activities may apply for a premises licence either on a
permanent basis or for a time -limited period. ‘A person’ in this context
includes a business or partnership.
Policy Page 20
18.3. A premises licence lasts indefinitely and may be transferred or varied at
any time.
18.4. The premises licence application form and operating schedule should be
completed clearly and concisely to reflect the exact nature of t he
business and how the four licensing objectives will be addressed. All
sections of the application form must be completed. Guidance as to what
type of information should be included in the operating schedule is given
in the Appendices to this Policy.
18.5. Applications which are incomplete or illegible will be returned to the
applicant with an explanation for the return. Reasons may include
incomplete or missing forms, incomplete Operating Schedule, the
absence of the fee, and/or absence of required plans or insufficient
information detailed on the plans (as required under Section 23 of the
Licensing Act 2003 (Premises Licences and Club Premises Certificates)
Regulations 2005 ), or for personal licences , also the absence of
certificates or photographs.
18.6. Applicants are advised to seek advice from the Council’s Licensing
Officers and the Responsible Authorities concerning the licensing
requirements for premises and/or licensable activities being applied for
prior to completing their operating schedule. Larg e or unusual events
need particular consideration and applicants are advised to consult the
Council’s Licensing Officers for guidance and to submit applications as
far in advance as possible. When required, the Council’s Licensing
Officers will provide all applicants with advice and guidance in respect of
completing their application forms and, in particular, how they should
address each one of the four licensing objectives in their operating
schedules.
18.7. Notwithstanding 1 8.6 above, it is the applicant’s responsibility to
complete the application to a satisfactory standard and they should seek
professional legal advice as necessary.
18.8. From 31 st March 2025, the Licensing Authority will generally treat
applications to add “off sales” to “on sales” premises licences as a
minor variation application , in particular where the licence holder
took advantage of the Business & Planning Act 2020 provision and
there has been no adverse impact on the licensing objectives.
The Licensing A uthority recognises the importance of outdoor
hospitality in supporting local businesses and enhancing the
vibrancy of public spaces . Pavement licences governed by the
permanent regime introduced under the Business & Planning Act
2020 are separate from pre mises licence under the 2003 Act but
may interact where alcohol is served outdoors. Licence holders
must ensure that the use of outdoor space does not undermine the
licensing objectives. The Licensing Authority shall ensure that
there is co -ordination and consistency between pavement and
premises licensing where applicable.
Policy Page 21
Members Clubs
18.9. Some activities carried out by clubs need to be licensed under the 2003
Act but generally members clubs are treated differently to proprietary
clubs and commercial premises. A club is an organisation whe re
members have joined together for a particular reason, i.e. social, sporting
or political, and have combined to buy alcohol in bulk as members of the
organisation for supply to members. In order to apply for a Club Premises
Certificate, the club needs to be a ‘Qualifying Club’.
18.10. Where there is doubt about the eligibility for a club premises certificate,
the Licensing Authority will seek assurances and evidence from
applicants that they are a qualifying club for the purposes of the 2003
Act. Such evidence may include membership records, minutes of
committee meetings, etc.
Temporary Event Notices
18.11. Anyone may give the Licensing Authority a Temporary Event Notice
(TEN). This procedure allows people to hold an event involving
licensable activities without having to apply for a Premises Licence or
Club Premises Certificate.
18.12. The 2003 Act provides a system for the temporary carrying on of any
licensable activity outside of the terms of a premises licence or club
premises certificate. Under this system no authorisation as such is
required from the licensing authority. Instead , a person wishing to hold
an event at which such activities are proposed to be carried on (the
“premises user”) gives notice to the Licensing Authority of the event.
Personal Licences
18.13. To sell alcohol in licensed premises at least one person needs to hold a
‘Personal Licence’ which has been granted by the Licensing Authority
where they live. This requirement does not apply to ‘qualifying clubs’.
18.14. In some premises there may be more than one person holding a
‘Personal Licence’ and it is important that one person is named as being
in control, this person is called the ‘Designated Premises Supervisor’.
The Designated Premises Supervisor is the key person who will usually
be responsible for the day-to-day management of the premises.
18.15. There is one exemption from the need for a personal licence holder and
‘Designated Premise Supervisor’ in line with the mandatory requirements
of the 2003 Act, sections 19(2) and 19(3). That is in the case where a
community premises (church, community halls, and village halls , etc.)
has applied for and been granted an application to disapply these
mandatory conditions.
18.16. In determining applications for personal licences, the Licensing Authority
will have regard to the guidelines issued by the Secretary of State under
section 182 of the 2003 Act and any secondary legislation. The promotion
Policy Page 22
of the four licensing objectives applies to the consideration of
applications for personal licences equally as it does to applications for
premises licences.
19. Representations
19.1. This policy will not seek to exclude any rights enshrined in the 2003 Act
or any other legislation for applicants or those making representations
against applications. Each application and representation will be treated
on its merits taking into account the legislation , the Guidance issued
under section 182 of the 2003 Act and this policy.
19.2. Representations can be made to the Council, as Licensing Authority, by
a ‘Responsible Authority’ or by ‘Interested Parties’ , which include
individuals such as residents or bodies such as a residents association,
trade associations and other businesses operating. Representations can
be made concerning:-
Applications for new premises licences or club premises certificates
Applications to vary premises licences or club premises certificates
Personal licence applications on criminal grounds (only by the
Police)
19.3. Responsible Authorities are the public authorities specifically designated
under the 2003 Act to be consulted on all licence applications and are
also entitled to make representations. A full list of Responsible Authorities
is at Appendix F.
19.4. The Licensing Authority expect other responsible authorities, where they
have concerns, to raise representations that fall within their remit . For
instance, where there are concerns of crime and disorder, then the police
should submit a representation.
19.5. The Licensing Authority is not generally expected to act as a responsible
authority on behalf of other parties such as residents . However, there
may be times where the Licensing Authority may feel it is appropriate to
do so. For instance, this may be where the relevant responsible authority
have failed to take action and the Licensing Authority is aware of relevant
grounds to make a representation.
19.6. Where the Licensing Authority does act as a responsible authority and
wishes to submit a represen tation, they may do so by assessing the
application, visiting the premises if they feel it is appropriate to do so and
looking at the potential impact the application will have on the Licensing
objectives. In addition, the Licensing Authority shall check the history of
the premises, assess the level of confidence it has with management and
the compliance with conditions of the licence.
Policy Page 23
19.7. Each responsible authority has equal standing and may act
independently without waiting for representations from any othe r
responsible authority.
19.8. In cases where the Licensing A uthority is also acting as responsible
authority, the Licensin g Authority will ensure a separation of
responsibilities within the authority to ensure procedural fairness and
eliminate conflicts of interest. For example, the Licen sing Authority will
distinguish between the licensing case officer and the officer nominated
to act as the responsible authority by allocating clear and distinct
functions.
19.9. The 2003 Act 2003 also permits Elected Members to make
representations on their own behalf as well as on behalf of their
constituents. Members of the public who are making representations
may also request that their Ward Councillor speaks on their behalf at
public hearings to determine applications.
19.10. Representations about an application must be made in writing to the
Council’s Licensing Team within the statutory time limits . The
representation must be relevant to the application and not
vexatious or frivolous.
19.11. Written representations include letters and emails. Representations
received after the end of the public consultation period cannot legally be
accepted and will not be considered by the Licensing Authority.
19.12. Representations must contain:
(a) The name, full address & post code, of the person making them;
(b) The reasons for their representation;
(c) Which of the four Licensing Objectives the representation
relates to, i.e. crime and disorder; public nuisance; public safety;
and/or protection of children from harm.
Representations which do not meet this requirement may be rejected as
being irrelevant or frivolous or vexatious.
19.13. For borderline cases, the Licensing Authority shall give the benefit
of doubt to the person making the representation.
19.14. Representations based on ‘Need’ for licensed premises concerns the
commercial demand for another pub, restaurant, off licence or hotel. This
is not a matter for the Licensing Authority in discharging its licensing
functions. ‘Need’ is a matter for planning committees and for the market.
Representations made on the basis of need are likely to be rejected.
19.15. All valid representations will form part of a committee report that will
become a public document. It will be given to the applicant, their agent,
responsible authorities, other persons making representations and any
other party requesting a copy as well as the Licensing Sub-committee 10
Policy Page 24
working days prior to the hearing. Anonymous representations will not be
accepted.
19.16. Petitions may be submitted as (or as part of) a representation but may
not be as informative as individual correspondence and as such may be
given less weight when considered by a Licensing Sub-Committee.
19.17. Petitions will only be accepted if on each sheet it clearly shows:
The name and address of the application site,
Reasons for the representation, and
Which of the four Licensing Objectives are relevant.
19.18. Each petitioner must give their name and full addres s including post
code.
19.19. Failure to comply with any of the above requirements could lead to the
petition being rejected as a representation.
19.20. The Licensing Authority follows the guidance of the Secretary of State
concerning the judgments of repr esentation as being irrelevant,
vexatious and frivolous. A representation would be ‘irrelevant’ if it does
not relate to the application or to the promotion of the licensing objectives
in the context of the application.
19.21. In considering whether or not a re presentation is ‘vexatious or frivolous’
the Licensing Authority must determine whether any ordinary and
reasonable person would consider the matter to be vexatious or frivolous.
Vexation may arise where, for example, there is a dispute between rival
businesses. Frivolous representations would be categorised by a lack of
seriousness.
19.22. Where a representation is found to be irrelevant, vexatious or frivolous,
the person making it will be informed and that representation will be
disregarded.
20. The Role of the Ward Councillor
20.1. Ward Councillors play an important role in the local community. They
can make representations in writing and speak at the hearing on behalf
of an interested party such as a local resident or local business if
specifically requested to do so. They can also make representations as
an interested party in their own right (see Annex A with regard to
Councillors making representations).
20.2. Ward Councillors may apply for a review of a licence if problems are
brought to their attention which justify intervention and relate to the
licensing objectives.
Policy Page 25
20.3. Ward Councillors are informed of all new applications and any
application to vary a licence in their ward. Individual Councillors may
publicise an application locally in addition to the statutory publicatio n
and advertising carried out by the applicant.
20.4. Local residents and businesses may wish to contact their local ward
Councillors in respect of a licence application. Details on how to contact
Ward Councillors may be obtained from the Council’s website.
20.5. Ward Councillors may attend hearings of Licensing Sub-Committees
considering applications and speak on behalf of local residents and
businesses, but only if:
They have made a personal representation;
They have made a representation on behalf of local residents or
businesses as ‘community advocates’; or
They have been nominated by (an objector) who cannot attend the
hearing or prefers to be represented at the hearing.
Note: Where a Ward Councillor makes representations upon an
application within their ward in writing to the Head of Administrative,
Technical and Business Services within the appropriate statutory
period of consultation for the application, and this representation has
been forwarded to the Licensing Authority, that application shall then
be s cheduled to be heard by the Licensing Sub -Committee for
determination. The Ward Councillor must include in their
representations the reasons why they wish the application to be
determined by the Sub-Committee and how the application adversely
affects the licensing objectives [policy clarification added by full Council
on 7 September 2017].
20.6. If a Councillor as a Member of the Licensing Sub-Committee has been
involved in campaigning about a particular application, they should
declare any such interest and not take part in any Licensing Sub-
Committee hearing considering that application. This does not apply to
a Ward Councillor attending a hearing in their capacity following
representations, as an interested party or an advocate in support or
against a particular application.
21. Decision Making and Licensing Hearings
21.1. Applications for premises licences, club premises certificates, interim
authorities, provisional statements, variation of designated premises
supervisors and personal licences that do not attract representations will
be granted under delegated authority and any conditions, apart from
mandatory conditions, will reflect and be consistent with the applicant’s
operating schedule.
21.2. The Licensing Authority and other Responsible Authorities , where
appropriate, may choose to mediate with the applicant and other parties
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