Shareholder Committee

1 REVISED STATEMENT OF LICENSING POLICY – JANUARY 2011 Page: Contents 3 Introduction 3 Consultation 4 Licensing Committee 5 Integration of Strategies and avoidance of duplication 5 Promotion of Equality 5 General principles of policy and the role of licensing 6 Licensing Objectives 7 The Prevention of Crime and Disorder 8 Public Safety 9 The Prevention of Public Nuisance 9 The Protection of Children from Harm 11 Cumulative effect 12 Licensing Hours 12 Applications 13 Rights of applicants and those making representations against applications 13 Conditions of licence 14 Reviews 14 Live music, dance and theatre 15 Further information 16 Appendix A – Table of Delegation 17 Appendix B – Prevention of Crime & Disorder 19 Appendix C – Public Safety 20 Appendix D – Prevention of Public Nuisance 22 Appendix E – Protection of Children from Harm 23 Appendix F – List of Responsible Authorities 2 Introduction Under the Licensing Act 2003 (The Act) the London Boro ugh of Hillingdon is the Licensing Authority for all of the licensable activities specified under the Act within the borough. The Council as the Licensing Authority has the responsibility for administering and determining applications for, and re presentations against, Premises Licences, Club Premises Certificates, Temporary Pe rmitted Activities and Personal Licences. The activities included in the scope of the Act are:- • The sale of alcohol by retail • The supply of alcohol by or on behalf of a club, or a member of a club; • The provision of regulated entertainment • The provision of entertainment facilities • The provision of late night refreshment (between 23. 00 hours and 05.00 hours) In carrying out these responsibilities the Council as the Licensing Authority will have regard to its Statement of Licensing Policy, the Guidance issued under section 182 of the Licensing Act 2003, the four Licensing Objectives and any other relevant information. The four Licensing Objectives are:- • The prevention of crime and disorder • Public safety • The prevention of public nuisance • The protection of children from harm Each objective is of equal importance This Policy covers the period from 7 th January 2011 to 6 th January 2014 and will be kept under review and following consultation, revised and amended. 1 Consultation 1.1 In reviewing the Council’s first Statement of Lice nsing Policy, the council sought observations and comments from the following persons, org anisations and groups and their comments have been incorporated into this pol icy where relevant:- • The Chief Executive of the London Borough of Hillin gdon • All Corporate Directors of the London Borough of Hil lingdon • All elected Members of the London Borough of Hilling don • Chief Officer of Police for the London Borough of Hi llingdon • Chief Officer of British Transport Police • Chief Officer of Police for Heathrow Airport • Area Child Protection Committee • Bodies representing businesses and residents in the London Borough of Hillingdon • Bodies representing currently licensed premises in the Lo ndon Borough of Hillingdon • Community Safety Team 3 • Groups representing Liquor Licence holders in the Lond on Borough of Hillingdon • Harefield Hospital • Healthy Hillingdon • Hillingdon Community and Police Consultative Group • Hillingdon Drug and Alcohol Services • Hillingdon Federation of Community Associations • Hillingdon Hospital • Hillingdon Sports Council • Hillingdon Youth Offending Service • Hotels in the London Borough of Hillingdon • Licensing Solicitors representing premises licence holders i n the London Borough of Hillingdon • Local Strategic Partnership • London Borough of Ealing • London Borough of Harrow • London Borough of Hounslow • London Buses • London Fire and Emergency Planning Authority • London Underground Ltd • Magistrates Court • Mount Vernon Hospital • Primary Care Trust • Registered Clubs in the London Borough of Hillingdon • Residents Associations • Tenants Associations • The Hillingdon Action Group on Addiction Management • Uxbridge Initiative • British Beer and Pub Association 2 Licensing Committee 2.1 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 that impact on their role. 2.2 Government guidance states that uncontested applicati ons should be granted and that such applications should be dealt with by specific officers who have been so delegated by the Licensing Committee. The scheme of delegation to officers is shown in Appendix A . 2.3 Whenever representations from Responsible Authoriti es, Elected Members or Interested Parties have been received in respect of an a pplication, that particular application will be referred to a Licensing Sub-Committee for determination. The scheme of delegation to a Licensing Sub-Committee is shown in Appendix A . 2.4 Although the Licensing Authority welcomes views fro m all members of the community, Government guidance states that the Council a s the Licensing Authority should be aware that the views of vocal minorities should not be allowed to predominate over the general interests of the communi ty that the Licensing Committee represents. 4 2.5 The Licensing Committee will receive periodic repor ts detailing the licences issued by Officers under delegated authority. 3 Integration of Strategies and avoidance of duplication 3.1 The licensing function is and should remain distinct f rom the Town Planning process. It will be for the planning process to determi ne land-use decisions and the market place 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 stro ngly recommended that applicants ensure that:- • The proposed licensable activities do not contravene pla nning legislation, and • The hours sought are within the limits authorised by any planning permission. 3.2 The Licensing Committee should receive will be prepared to accept reports from time to time from other relevant departments of the Council regarding the state of the borough. These reports may include contributions from t hose responsible for the promotion of tourism, cultural development, plannin g, transport, reduction of crime and anti-social behaviour, community safety, social, heal th and community development etc. This should enable the various agenci es 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. 3.3 A formal Protocol has been agreed between the Metropolitan Police Servi ce and the Council’s Licensing Authority with regard to their enforcement work in respect of licensed premises and personal licence holders. Some of th e enforcement may be carried out jointly with the L icensing Authority's Licensing Officers. Enforcement activity will be consistent, transparent and proportiona l to the nature of the licensed premises. 4 Promotion of Equality The Council as the Licensing Authority seeks the eliminati on of all forms of discrimination in respect of sex, religion, race, disabili ty and sexual orientation in accordance with its established equal opportunities policy (as amended from time to time). This policy has been subject to an Equalities Impact Assessme nt and it does not have an adverse effect on equality issues. 5 5 General principles of policy and the role of licensing 5.1 The role of licensing is the control of the licensabl e activities at the licensed premises, qualifying clubs, temporary events and the con duct of the personnel involved with the licensable activities as required under the Act. Terms and conditions attached to the Premises Licences and Club Premises Certificates granted by the Licensing Authority will relate to matters ove r which the premises licence holder or Club Management Committees have direct control. The focus will be on the licensed premises and the activities in the vicinity o f those premises. Those activities on licensed premises that have a direct impact o n members of the public living, working or engaged in normal activities in th e area fall within the scope of the licensing regime. Anti-social behaviour of patrons, dist urbance or nuisance which can be proved to be emanating from a particular premi ses will be a consideration for the Licensing Authority in its enforcement and decision making role. 5.2 The prevention of anti-social behaviour away from the vicinity of a particular licensed premises is outside the licensing regime and must be dealt with by other means. Such as: • Positive measures to create a safe and clean environment in partnership with local businesses, transport operators and other departmen ts of the local authority • Powers of local authorities to designate parts of thei r own boroughs as Controlled Drinking Zones where alcohol may not be consumed publicly when it causes nuisance or distress Note: The whole of the London Borough of Hillingdon is designated as a Controlled Drinking Zone • The confiscation of alcohol from adults and children whe re appropriate • Enforcement of underage sales of alcohol by Trading St andards • Police enforcement of the normal law concerning disorde r and anti-social behaviour, including the issuing of fixed penalty notices • Positive ways to deal with the consequences of alcohol abuse through the Council’s policies on community safety, domestic violence an d health education. 6 Licensing Objectives 6.1 The Act states four Licensing Objectives for Licensing Authorities to promote • The prevention of crime and disorder 6 • Public safety • The prevention of public nuisance • The protection of children from harm 6.2 The Prevention of Crime and Disorder 6.2.1 It is recognised that licensed premises offering al cohol or entertainment can be the source of disturbance and sometimes crime and disorder . Where a number of premises may be in close proximity it may be difficult t o attribute the disorder to patrons of particular premises. There is a duty on Prem ises Licence Holders or Club Management Committees to act responsibly to ensure their own customers do not contribute to crime and disorder whilst in their premise s and in the vicinity of their premises. 6.2.2 Applicants should state in their Operating Schedul e (which forms an integral part of the licence application process) how they intend to address the licensing objective of the Prevention of Crime and Disorder and applicants are advised to give serious consideration to the measures set out in Part 1, A nnex D of the Guidance issued under Section 182 of the Licensing Act 2003. The Metropolitan Police Service and the Council’s Licensing Officers will be are able to offer advice and guidance in regard to such matters. However the responsibility for completing the Operating Schedule correctly rests with the applicant. Applicants are advised to seek professiona l guidance in respect of this issue. See Appendix B 6.2.3 If representations are received from a Responsible Authority , Elected Members or interested parties the application will be determined by a Licensing Su b- Committee (see item 2.3). 6.2.4 Applications referred to the Licensing Sub-Committee will be determined on the individual merit of each case. The Licensing Sub-Committ ee have the power to impose specific conditions when considered necessary in respect of the Crime and Disorder objective. 6.2.5 The Council’s Licensing Officers will work closely wit h the Metropolitan Police Service to ensure licence conditions are met and that lice nsed premises are being operated according to the requirements of the Act. 6.2.6 Following the grant of a premises licence, the Me tropolitan Police Service , Elected Members and/or interested parties such as local residents and busin esses can apply to the Licensing Authority for a review of the licence (see item 12) if they consider that the Prevention of Crime and Disorder objective has not been met. 6.2.7 The Licensing Authority's Licensing Officers will co nduct periodic risk rated inspections of licensed premises to ensure that the standar ds licence conditions relating to crime and disorder are being maintained and that licence conditions are being complied with. 6.2.8 Inspections will be risk based. Consequently, High risk or poorly managed premises will be subject to a higher frequency of inspect ions than low risk and well managed premises. Some of these inspections will be una nnounced and conducted whilst the premises are in use for the purpose of the licence. 7 6.2.9 A liaison protocol has been agreed between the Licensing Authority and the Metropolitan Police Service with regard to their involvement and responsi bilities in respect of crime and disorder in licensed premises. The liaison protocol that has been agreed between the Licensing Service and the Metropolitan Police Service with regard to their involvement and responsibilities in re spect of crime and disorder associated with licensed premises, will be subject to an ann ual review between the Metropolitan Police’s Licensing Officer and the Licensing Service’s Manager. 6.2.10 In the interest of public order and the preve ntion of terrorism, the Licensing Authority would expect that for significant events, a comprehensive risk assessment is undertaken by premises licence holders to ensure that cr ime and disorder and public safety matters are identified and addressed. Acco rdingly, for premises that wish to stage promotions, or events {see examples set out in Appendix B} the Licensing Authority recommends that applicants address th e Risk Assessment and debrief processes in their operating schedule. The Licensing Authority recommends the Metropolitan Police Promotion / Event Risk Assessment Form 696 and the After Promotion / Event Deb rief Risk Assessment Form 696A as useful and effective tools for this purpose . Where the Risk Assessment forms are used to assess the likely risks for any pr omotion or event, the Licensing Authority would normally expect that they wi ll be completed following consultation with the Metropolitan Police Service. This procedure should also be considered by the applicant when completing their Operating Schedule. 6.2.11 Personal Licence applicants will have to meet specific stand ards with regard to their suitability. There are a number of obligat ions on Personal Licence Holders including those who are named as Designated Premises Supervisors, the b reach of which could mean appearing before the Magistrates Court. 6.3 Public Safety 6.3.1 Applicants should state in their Operating Schedul e (which forms an integral part of the licence application process) how they intend to address the licensing objective of Public Safety and applicants are advised to give serious consideration to the measures set out in Parts 2 and 3 of Annex D of the Guidance issued under Section 182 of the Licensing Act 2003. The London Fire and Emergency Plann ing Authority and the Council’s Licensing Officers will be are able to offer advice and guidance in regard to such matters. However the responsibility for completin g the Operating Schedule correctly rests with the applicant. Applicants are advised to seek professional guidance in respect of this issue. See Appendix C 6.3.2 If representations are received from a Responsible Authority , Elected Members or interested parties the application will be determined by a Licensing Su b- Committee (see item 2.3). 6.3.3 Applications referred to the Licensing Sub-Committee will be determined on the individual merit of each case. The Licensing Sub-Committ ee have the power to impose specific conditions when considered necessary in respec t of the Public Safety objective. 6.3.4 The Council’s Licensing Officers will work closely wi th the London Fire and Emergency Planning Authority to ensure licence conditions are met and that licensed premises are being operated according to the requirements of the Act. 8 6.3.5 Following the grant of a premises licence, the L ondon Fire and Emergency Planning Authority , Elected Members and/or the Enforcing Authority within the meaning given by section 18 of the Health and Safety a t Work etc. Act 1974 and/or interested parties such as local residents and businesses can ap ply to the Licensing Authority for a review of the licence (see item 12) if they consider that the Public Safety objective has not been met. 6.3.6 The Licensing Authority's Licensing Officers will co nduct periodic risk rated inspections of licensed premises to ensure that the approve d safety standards are being maintained and that licence conditions are being complied with. 6.3.7 Inspections will be risk based High risk or poorly managed premises will therefore be subject to a higher frequency of inspection s than low risk and well managed premises. Some of these inspections will be una nnounced and conducted whilst the premises are in use for the purpose of the licence. 6.3.8 A liaison protocol has been agreed between the Licensing Authority and the London Fire and Emergency Planning Auth ority with regard to their involvement and responsibilities in respect of fire safety in licensed prem ises. The liaison protocol that has been agreed between the London Councils and the London Fire and Emergency Planning Authority with regard to their involvement and responsibilities in respect of public safety associated with licensed premises, will be subj ect to a local annual review between the LFEPA’s representative for Hilling don and the Licensing Service’s Manager. 6.4 The Prevention of Public Nuisance 6.4.1 The types of business and the range of premises cove red under the licensing legislation could potentially lead to nuisance being cau sed to neighbours. This is particularly relevant for late night businesses when ambient noise levels are relatively low and noise from equipment such as extractors, music or p atrons could be more readily detected than in the daytime. Public nuisance such as noise disturbance, light pollution and noxious smells can be prevented or mitigated by effective management. Appendix D provides a list of examples of activities which could gi ve rise to public nuisance and measures which can be taken to prevent such nuisance occurring . The Licensing Authority working jointly with the Police al so has powers to close down instantly for up to 24 hours any licensed premises or a t emporary event if excessive noise is emanating from that particular premises or event. 6.4.2 Applicants should state in their Operating Schedul e (which forms an integral part of the licence application process) how they intend to address the licensing objective of the Prevention of Public Nuisance and applicants are advised to give serious consideration to the measures set out in Part 4, A nnex D of the Guidance issued under Section 182 of the Licensing Act 2003. The Council’s Environmental Protection Unit and the Council’s Licensing Officers wil l be are able to offer advice and guidance in regard to such matters. However the resp onsibility for completing the Operating Schedule correctly rests with the applican t. Applicants are advised to seek professional guidance in respect of this issue. See Appendix D 9 6.4.3 Applicants should give particular consideration to measures to reduce the occurrence of public nuisance associated with accommodating s mokers outside the premises, following the introduction of smoke free a reas in enclosed or substantially enclosed places. 6.4.4 If representations are received from a Responsible Authority , Elected Members or interested parties, the application will be determined by a Licensing Sub - Committee (see item 2.3). 6.4.5 Applications referred to the Licensing Sub-Committee will be determined on the individual merit of each case. The Licensing Sub-Committ ee have the power to impose specific conditions when considered necessary in respect of the Prevention of Public Nuisance objective. 6.4.6 Following the grant of a premises licence, the Co uncil’s Environmental Protection Unit , Elected Members and/or interested parties such as local residents and businesses can apply to the Licensing Authority for re view of the licence (see item 12) if they consider that the Prevention of Publ ic Nuisance objective has not been met. 6.4.7 The Licensing Authority's Licensing Officers will co nduct periodic risk rated inspections of licensed premises to ensure that the standard s conditions relating to the prevention of public nuisance are being maintained and that licence conditions are being complied with. 6.4.8 High risk or poorly managed premises will there fore 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. 6.4.9 The Council's Licensing Officers will work closely wi th the Council's Noise Team, requesting monitoring visits of specific premises and receiving feedback regarding the witnessing of statutory noise nuisance or the breach of licence conditions. 6.5 The Protection of Children from Harm 6.5.1 The range of ‘licensed premises’ is very broad. I t includes pubs, cinemas, theatres, restaurants, off licences etc. Under the Licensing Act 2003, unaccompanied children under the age of 16 are not allowed on prem ises such as public houses which are used exclusively or primarily for the supply o f alcohol for consumption on the premises. This restriction does not apply to premises such as restaura nts and bowling alleys etc where the supply of alcohol is not the principal use of the premises. However, unaccompanied children under the age of 16 are not per mitted in such premises between the hours of midnight and 5 a.m. Admission of children will always be at the discretion of those managing the premises. 6.5.2 Applicants should state in their Operating Schedul e, (which forms an integral part of the licence application process), how they intend to address the licensing objective of the Protection of Children from Harm and applicants are advised to give serious consideration to the measures set out in Part 5, A nnex D of the Guidance issued under section 182 of the Licensing Act 2003 and with particular regard to Box 10 N on the Operating Schedule concerning adult entertain ment. . The Council’s Child Protection Team in Social Services Safeguarding Children and Quality Assurance Team on behalf of the local Safeguarding Children Bo ard (LSCB) and the Council’s Licensing Officers are able to offer advice and guidance in regard to such matters. However the responsibility for completing the Operating Schedule correctly rests with the applicant. Applicants are advised to seek professional guidance in respect of this issue. See Appendix E 6.5.3 If representations are received from a Responsible Authority , Elected Members or interested parties the application will be determined by a Licensing Su b- Committee (see item 2.3). 6.5.4 Applications referred to the Licensing Sub-Committee will be determined on the individual merit of each case. The Licensing Sub-Committ ee have the power to impose specific conditions when considered necessary in respect of the Protection of Children from Harm objective. 6.5.5 Following the grant of a premises licence, the Co uncil’s Child Protection Team in Social Services Safeguarding Children and Quality Assurance Team, Elect ed Members can and/or interested parties such as local residents and busin esses can apply to the Licensing Authority for a review of the licence (see item 12) if they consider that the Protection of Children from Harm objective has not been met. 6.5.6 The Licensing Authority's Licensing Officers will co nduct per iodic risk rated inspections of licensed premises to ensure that the standard s conditions relating to the protection of children from harm are being maintained and that licence conditions are being complied with. 6.5.7 H igh 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. 6.5. 8 The Licensing Authority will usually expect that each o perator dealing in the sale and supply of alcohol requires that personal identi fication is mandatory in every case where there is any doubt as to whether the customer is aged 18 or over: ‘No ID- No sale’. Best practice would be to adopt the ‘Challeng e 21’ policy. Recommended forms of personal identification include a passport, a photo driving licence, or a PASS (Proof of Age Standards Scheme) accredited proof of age identity card. Trading Standards Officers and Police Officers will carry out test purchases of alcohol using young volunteers. Where sales are made, enforcement ac tion will be taken against all responsible persons. Children’s access to cinemas 6.5.8 The Licensing Authority accepts that the British Bo ard of Film Classification (BBFC) is the recognised authority in categorising film s. It therefore accepts the BBFC classifications with respect of children’s films. The Licensing Authority will expect applicants to include in their operating schedule s arrangements for restricting children from viewing age-restricted films classified a ccording to BBFC recommendations. 11 Children and Public Regulated Entertainment 6.5.9 There are many kinds of regulated entertainmen t which are specifically arranged for children, such as plays, concerts, film shows, some of which may be school based. When it is proposed to present an entertain ment specifically for children, then additional safety measures may need to be considered. The Council’s Licensing Officers will be are able to offer advice and guidance in respect of such presentations and organisers of such events are encouraged to seek such advice. Other key issues 7 Cumulative effect 7.1 Whilst the London Borough of Hillingdon does not have a concentration of licensed premises as found in central London boroughs, i t nevertheless has a relatively large number of pubs and restaurants in To wn Centre areas. Most of these Town Centre areas are also home to many residents. Howe ver, the Council, as the Licensing Authority, does not propose, at this stage, to set quotas for particular types of licences. Applications will be considered on their ind ividual merit thus ensuring that the characteristics of the many different types of l icensable activity are fully considered. If crime and disorder or general disturbance/ nuisance do prove to be linked to the concentration of customers of licensed premises in any particular areas, then the Licensing Authority will introduce controls ove r the issue of new licences through a ‘Special Policy’ (to limit the number of licensed premises). It would first be necessary to establish that, because of the number and density of licensed premises selling alcohol in a particular area, th ere are exceptional problems of nuisance, disturbance and or disorder outside or awa y from those licensed premises as a result of their combined effect. Where pa rticular premises are identified as being responsible for the problems it ma y be possible to take specific measures against those individual Premises Licence Holders or Club Management Committees following relevant representations. Where there is public disorder from a minority of people who display anti-social behaviour away from licensed premises, there are other measures available to the Police Authority to address such issues. 7.2 Before deciding whether to adopt a Special Policy (to limit the number of licensed premises), the Council as the Licensing Authority must be sure that the imposition of individual conditions to particular premises would not so lve the problem. The Council as the Licensing Authority has a duty under Section 17 of the Crime and Disorder Act 1998 to do all that it reasonably can to prevent crim e and disorder. It must be sure it has met its obligations under the Crime and Disorder Ac t 1998 and in terms of its promotion of the licensing objectives under the Licensing Act 2003. 7.3 If objector representations are made as to the cumu lative effect of a new application and hence the need for a Special Policy (to limit the number of licensed premises), the onus will be on the objector to provide the evidence that the additional premises would produce the impact claimed. 7.4 If a Special Policy (to limit the number of lice nsed premises) is introduced it will be reviewed regularly to assess whether or not it is still needed. 12 7.5 The Metropolitan Police Service report that the new licensing regime appears to be working well in the London Borough of Hillingdon and it is not therefore necessary to introduce a Special Policy at present. 8 Licensing Hours 8.1 The Government strongly believes that, prior to t he introduction of the Licensing Act 2003, fixed and artificially early closing times (est ablished under the Licensing Act 1964) were one of the key causes of rapid binge dri nking prior to closing times; and one of the causes of disorder and disturbance when l arge number of customers were required to leave the premises simultaneously. 8.2 The aim through promotion of the licensing objecti ves should be to reduce the potential for concentrations and achieve a slower dispersa l of people from licensed premises through flexible opening times. Arbitrary re strictions that would undermine the principle of flexibility will therefore be avoided. 8.3 The four licensing objectives will be paramount at all times and the council will always consider the individual merits of each case. 8.4 In accordance with guidance there is no fixed restriction on terminal hours for any particular areas of the borough. Such a restriction cou ld cause the migration of patrons from one area to another and create the circum stances that the new legislation is attempting to avoid. Each application w ill be dealt with on its merits. It is for the applicants to detail in their Operating Sche dule exactly what times they intend to open and close the premises and what measure s they will take to ensure that they do not cause nuisance or disturbance to their n eighbours in the vicinity. The later the terminal hour applied for, the greate r will be the need to address the issues of disturbance and nuisance. 8.5 Shops, stores and supermarkets licensed to sell alcohol will normally be allowed to do so for the full duration of their trading hour s. Restrictions may be applied for example where representations are made indicating the particular premises or patrons of the premises are linked to disorder and or disturbance. 9 Applications 9.1 The application form and accompanying Operating Sch edule should be completed clearly and concisely to reflect the exact nat ure of the business and how the four licensing objectives will be addressed. All sectio ns of the application form must be completed, including Box N. Guidance as to what type of information should be included in the operating schedule is given in the appendices to this Policy. 9. 2 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, the absence of the fee, absence of required plans or insufficient information detailed on the plans, as required under Statutory Instrument 42 and the operating schedule . For personal licences also the absence of certificates or photographs. 9. 3 Applicants are advised to seek advice from the Council’s Licensing Authority Officers and the Responsible Authorities concerning the licensing r equirements for premises and/or licensable activities being applied for p rior to completing their operating schedule. Large or unusual events need parti cular consideration and applicants are advised to consult the Council’s Licensing Officers for guidance and to submit applications as far in advance as possible. 13 9. 4 When required, the Council’s Licensing Service Officers will provide all applicants with advice and guidance in respect of completing their a pplication forms and, in particular, how they should address each one of the four prime licensing objectives in their operating schedules. 10 Rights of applicants and those making representa tions against applications . 10.1 This policy will not seek to exclude any rights enshr ined in the 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 Licensing Act 2003 and this policy. 10.2 Representations can be made to the Council, as Licen sing Authority, by a ‘Responsible Authority’ or by ‘Interested Parties’ which include bodies or individuals who live in the vicinity of such a premises, and resident s association, trade associations and other businesses operating in the vicinity. Representations can be made concerning:- • Applications for premises licences • Variations of such licences • Personal licence applications on criminal grounds (only by the Police) 10.3 The Licensing Act 2003 does not also permits Ward Councillors Elected Members to make general representations on their own behalf as well as on behalf of their constituents. However, persons Members of the public who are making representations may also request that their Ward Councillor speaks on their behalf at public hearings to determine Premises Licence and/or Clu b Premises Certificate applications. 11 Conditions of licence 11.1 Any conditions attached to licences following releva nt representations will focus on matters within the control of the Premises Licence Hol der or Club Management Committees. They will be used to ensure the premises are safe and do not create a nuisance. They will address matters which have a direct imp act on those living, working or engaged in normal activities in the vicini ty. They will not be used as a means of attempting to attach responsibility to Premises Licence Holders or Club Management Committees for matters outside their reasona ble control, such as anti- social behaviour once away from the premises or licensable activity. 11.2 Conditions on premises licences and club certificates ar e determined by: • The measures put forward on the Operating Schedule • Mandatory conditions within the Act • Measures decided at a hearing by the Licensing Sub Comm ittee 14 11.3 Mandatory conditions determined by the Act are:- Alcohol • No sale/supply of alcohol shall be made when there is n o Designated Premises Supervisor in respect of the premises licence • No sale/supply of alcohol shall be made when the Design ated Premises Supervisor does not hold a Personal Licence or when his/h er Personal Licence is suspended • Every sale/supply of alcohol under the premises licence sh all be made, or authorised, by a person who holds a Personal Licence Films • The admission of children shall be restricted according to the classification given by the British Board of Film Classifi cation for the film being shown. Door Supervisors • All Door Supervisors employed at the premises shall aut horised to carry out that activity by a licence granted under the Priv ate Security Industry Act 2001 or be entitled to carry out that activity by virtue of section 4 of that Act. 11.4 The following mandatory conditions were introduced in 2010:- 1.1 The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises. 1.2 In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children– (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to– (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise); (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act); (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less; 15 (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on– (i) the outcome of a race, competition or other event or process, or (ii) the likelihood of anything occurring or not occurring; (e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner. 2. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability). 3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available. 4.1 The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. 4.2 The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark. 5. The responsible person shall ensure that– (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures– (i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml; and (b) customers are made aware of the availability of these measures. 12 Reviews 12.1 At any stage following the grant of a premises li cence or a club premises certificate, an application for a review can be submitte d to the Licensing Authority by a Responsible Authority, any Elected Member or an Interested Party in connection with any of the four licensing objectives:- Prevention of Crime and Disorder – see Appendix B Public Safety – See Appendix C Prevention of Public Nuisance – See Appendix D Protection of Children from Harm – See Appendix E However, the Council as Licensing Authority, will reject an application for review where it considers that the complaint is: • Not relevant to any of the Licensing Objectives • Vexatious, frivolous or repetitious 16 12.2 It is recommended that applications for review of premises licences are not made until at least three months after the grant of a licence in order to allow time for evidence to be gathered on the grounds for review. 13 Live music, dance and theatre 13.1 The Council, as the Licensing Authority will encour age the promotion of live music, dance and theatre for the wider cultural benefit of the community, particularly in pursuance of any cultural strategy. It will carefull y balance the potential for limited disturbance in particular areas with the wider benefits to the community, particularly children. Any conditions attached to such a licence or cert ificate following relevant representations will reflect this balance and the licensi ng objectives. The conditions should not be a deterrent to holding the activity beca use of the cost of implementation. 14 Further information:- Further information, application packs and guidance notes on:- • Premises Licences (new and variation) • Reviews of Premises Licences • Making representations and committee procedures • Personal Licences • Temporary Event Notes can be obtained from:- The Licensing Service, Tel: 01895 277433 Civic Centre (3S/09) Fax: 01895 250011 Uxbridge UB8 1UW Email: licensing@hillingdon.gov.uk Or the Council’s website: www.hillingdon.gov.uk 17 Appendix A TABLE OF DELEGATIONS OF LICENSING FUNCTIONS MATTER TO BE DEALT WITH SUB-COMMITTEE OFFICERS Application for the grant or renewal of a personal licence If a Police objection If no objection made Application for personal licence, with unspent convictions If a Police objection If no objection made Application for premises licence/club premises certificate If a representation made If no representation made Application for provisional statement If a representation made If no representation made Application to vary premises licence/club premises certificate If a representation made If no representation made Application to vary designated premises supervisor If a Police objection All other cases Request to be removed as designated premises supervisor All cases Application for transfer of premises licence If a Police objection All other cases Application for Interim Authorities If a Police objecti on All other cases Application to review premises licence/club premises certificate All cases Decision on whether a complaint is irrelevant, frivolous, vexatious, etc All cases Decision to object when local authority is a consultee and not the lead authority All cases Revocation of Personal Licence where convictions come to light after grant or renewal All cases Determination of a police representation to a temporary event notices All cases 18 APPENDIX B – PREVENTION OF CRIME AND DISORDER It should be noted that it is unlawful under the 2003 Act to: • Knowingly to sell or supply or attempt to sell or supp ly alcohol to a person who is drunk or under the statutory minimum age • Knowingly to allow disorderly conduct on licensed premi ses • For the holder of a premises licence or a designated pr emises supervisor knowingly to keep or to allow to be kept on licensed premises, any goods which have been imported without p ayment of duty or which have otherwise been unlawfully imported . • To allow the presence of children under 16 who are n ot accompanied by an adult between midnight and 5am at a ny premises licensed for the sale of alcohol for consumption on the premises and at any time in premises used exclusively or p rimarily for the sale and consumption of alcohol. Examples of measures to prevent crime and disorder which could be included where applicable in Operating Schedules • Door Supervisors registered with the Security Industr y Agency • Door Supervisors to wear distinctive reflective jackets or arm bands at all times. • No entry or re-entry after a certain time • Searches using metal detectors if necessary • Staff alarms fitted to doors • A system of queuing inside or outside the premises • Any condition which the Licensing Committee would consid er to prevent crime and disorder • Bottle bans • Plastic containers and toughened glass • CCTV to be installed (police can assist with placement and numbers of cameras), where possible a digital system should be used an d recordings should be kept in a secure management position, upon the premises, for a minimum period of thirty days. • CCTV to be installed of at least a minimum specificatio n and quality, as advised by the LBH CCTV Manager, and meeting minimum standards of placement and quantity of cameras as advised by police. A digital recording system should be used and recordings should be kep t in a secure management position, upon the premises, for a min imum period of thirty days. • Open containers not to be taken from the premises • Restrictions on Drinking Areas • Capacity Limits • Proof of Age Cards 19 • Crime Prevention Notices • Drinks Promotions • Direct phone links to taxi companies • Premises should be designed to ensure that all areas ca n be monitored visually Note : Premises Licence Holders and representatives from Clubs a re encouraged to participate in Pub Watch, Club Watch, B usiness Watch such as UBAC (Uxbridge Business Against Crime) and Radio Link schemes Nightclubs and other similar venues Nightclubs and other similar venues should, when complet ing their operating schedule, consider including reference to the use of risk a ssessments for the different types of music and DJ’s/MC’s or similar that they propose to use. In addition, if it is proposed, on occasions, to stage significant events or promotions, then applicants should also consider when comp leting their operating schedule, submitting a separate risk assessment f or each individual event or promotion followed by the submission of a sub sequent ‘de-brief’ report. Detailed below are examples of conditions that applican ts may wish to consider offering in their operating schedule:- 1. The premises licence holder shall undertake a risk assessmen t of any promotion or event (as defined below) using the MPS P romotion/Event Risk Assessment (Form 696) or an equivalent and provide a copy* to the Metropolitan Police Service using the email as detailed below and the Licensing Authority not less than 14 days before the eve nt is due to take place. 2. Where an 'event' has taken place, the premises licence holder shall complete follow up feedback an MPS After Promotion/Event Debrief Risk Assessment (Form 696A) and submit this to the Metropolitan Police using the email as detailed below and the Licensing Authori ty, within 3 days of the conclusion of the event. ClubsFocusDesk-CO14@met.police.uk * submission of electronic documents by e -mail is pr eferred. Definition of an ‘Event’ An event will be deemed to be: any occasion in any loca tion licensed under the provisions of the Licensing Act 2003, where there will be a live performer/s – meaning musicians, DJs, MCs or other artiste; that is prom oted in some form by either the venue or an outside promoter; whe re entry is either free, by invitation, pay on the door or by ticket. 20 The recommended guidance to music event organisers, mana gement of licensed premises or event promoter on when to complete Form 69 6 is where you hold an event that is – • promoted / advertised to the public at any time befo re the event, and • predominantly features DJs or MCs performing to a recor ded backing track, and • runs anytime between the hours of 22.00 hours and 04 .00 hours, and • is in a nightclub or a large public house. Note : Further advice is available from: Crime Prevention Office, West Drayton Police Station 020 8246 1769 Crime Prevention Office, Ruislip Police Station 020 8246 1822 The Licensing Officer, Northwood Police Station 020 8246 1933 21 APPENDIX C – PUBLIC SAFETY Publications which applicants should consider when preparing their operating schedules:- • British Standard 5588 Part 6 - Code of Practice for places of assembly • British Standard 5588 Part 8 – Means o f escape for Disabled People • British Standard 9999 - Code of Practice for Fire S afety • Regulatory Reform (Fire Safety) Order 2005 – clause 14(2) (a)-(h) • British Standard 7671 - Requirements for Electrical In stallations (I.E.E. Wiring Regulations) • British Standard 5266 - Code of Practice for emergen cy lighting systems • British Standard 5839 - Fire detection and alarm syste ms for buildings • British Standard 5588 Part 9 - Code of Practice for ventilation and air conditioning ductwork • Model National Standard Conditions for Places of Ente rtainment – Published by LDSA Publications, PO Box 266, Bromley, K ent, BR2 9ZN • Technical Standards for Places of Entertainment - Publ ished by LDSA Publications, PO Box 266, Bromley, Kent, BR2 9ZN • The Event Safety Guide - A guide to health, safety and welfare at music and similar events, HSG195 (ISBN 0-7176-2453-6) • Managing Crowds Safely, HSG154 (ISBN 0-7176-1834-X) • 5 Steps to Risk Assessment, Case Studies (HSE 1998) (ISBN 0-7176- 1580-4) • The Guide to Safety at Sports Grounds published by H MSO, The Green Guide (IBSN 0-11-341072-7) • Safety Guidance for Street Arts, Carnival, Processions a nd Large Scale Performances, www.streetartsnetwork.org/pages/publica tions • Home Office and London Drug Policy Forum guidance ‘Sa fer Clubbing • British Standard 5588 Part 11 - Code of Practice for shops 22 APPENDIX D – PREVENTION OF PUBLIC NUISANCE Examples of public nuisance • Anti-social behaviour including other disturbances cause d by persons leaving the premises • Noise, including amplified music, emanating from the p remises including extended areas such as beer gardens • Noise from vehicles delivering and collecting customers • Nuisance caused by persons, whether consuming alcohol or no t, either waiting or entering, or leaving, or spilling outside the premises • Litter and refuse storage including fly posters and illegal placards • Fireworks • Disturbance and obstruction caused by queuing, either by pedestrian or vehicular traffic • The inappropriate siting of external lighting, inclu ding security lighting which could cause light pollution to neighbouring properties • Nuisance from persons smoking outside • Nuisance caused by cigarette smoke • Cigarette litter Examples of measures to prevent public nuisance whi ch could be included in Operating Schedules • Effective management control of noise levels • Keep music at a reasonable level • Noise limiters • The provision of mechanical ventilation and air condit ioning systems so as to prevent windows and doors being opened. • Double glazing • The provision of lobbies to the main entrance/exit do ors so as to prevent the escape of noise causing nuisance to local resid ents when the doors are opened • Alarms (staff warning devices) on doors other than the main entrance/exit so as to alert management if the doors are opened • Notices to request patrons to leave quietly • Placing used bottles in waste containers at responsible ti mes • Diverting queues away from neighbouring premises and using Door Supervisors to control queues • Provision of suitably located smoking areas and cigarette bins • Any condition which the Licensing Committee would consid er to prevent public nuisance 23 Examples of when it may be necessary to initiate the R eview process in respect of public nuisance:- • When the prevention of public nuisance objective is not being met. (See examples of public nuisance above) • A failure by the premises licence holder to respond to relevant concerns identified by the Environmental Protection Unit • When the Police have closed down the premises for a per iod of up to 24 hours on the grounds of noise nuisance • When the Council has closed down the premises under the Anti- Social Behaviour Act 2003 on the grounds of noise nuisan ce • When an abatement notice under Part 3 of the Enviro nmental Protection Act 1990 has been served by the Council Publications which should be considered when preparing o perating schedules:- a) British Standard 4142 1997 - Method for rating in dustrial noise affecting mixed residential and industrial areas b) Good Practice Guide on the Control of Noise from Pu bs and Clubs (Institute of Acoustics) c) Control of ‘Noise’ published by the British Beer and Pubs Association 24 APPENDIX E – PROTECTION OF CHILDREN FROM HARM Examples of measures to protect children from harm which could be included in Operating Schedules • Limitations on the hours when children may be present • Age limitations (below 18) • Limitations or exclusions when certain activities are taki ng place • Requirements for accompanying adult • Full exclusion of people under 18 from the premises wh en any licensable activities are taking place Examples of when it may be necessary to initiate the Review process: • where there have been instances of serving alcohol to minors, or a reputation for underage drinking • where sales are made during test purchase operations led by Officers of the Council’s Trading Standards Service and the Police. • with a known association with drug taking or dealing • where there is a strong element of gambling on the p remises Note : This will not apply to a small number of AWP (Amusem ent with Prizes) machines • where entertainment of an adult or sexual nature is commonly provided without appropriate safeguards for the protection of children 25 APPENDIX F RESPONSIBLE AUTHORITIES FOR GRANT, VARIATION OR REV IEW OF A PREMISES LICENCE OR CLUB PREMISES CERTIFICATE WITHIN THE LONDON BOROUGH OF HILLINGDON The applicant must send the original application to the Licensing Service and a complete copy of the application including the form, op erating schedule and plan in the prescribed form to each responsible authority as follows:- The Licensing Service London Borough of Hillingdon Civic Centre 3S/09 High Street Uxbridge UB8 1UW Licensing Authority Chief Officer of Police c/o Northwood Police Station Murray Road Northwood HA6 2YW Attn Sgt I Meens Hillingdon Police Enforcement *for all areas except Heathrow Chief Officer of Police c/o Inspector Robert Harrison ACIT Heathrow Police Station East Ramp Hounslow TW6 2DJ Heathrow Police Enforcement *for Heathrow area only Fire Safety Regulation: North West Area 1 London Fire Brigade 169 Union Street London SE1 0LL Hillingdon Fire Authority Service Manager – Safeguarding Children and Quality Assurance 4S/07 Social Services London Borough of Hillingdon Civic Centre, Uxbridge UB8 1UW A body involved in the Protection of Children from Harm Food, Health and Safety Team London Borough of Hillingdon Civic Centre, Uxbridge UB8 1UW Enforcing Authority for the Health and Safety at Work Act 1974 Trading Standards Service London Borough of Hillingdon, Civic Centre, Uxbridge, UB8 1UW Enforcing Authority under the Weights and Measures Act 1985 Environmental Protection Unit London Borough of Hillingdon, Civic Centre, Uxbridge UB8 1UW Enforcing Authority for matters relating to Environmental Pollution and Public Nuisance Head of Planning and Enforcement London Borough of Hillingdon, Civic Centre, Uxbridge UB8 1UW The Planning Authority * Health and Safety Executive Rose Court, 2 Southwark Bridge London SE1 9HS Enforcing Authority for The Health and Safety at Work Act 1974 * British Waterways, Willow Grange Church Road Watford, Hertfordshire WD17 4QA Navigation Authority for navigable waterways in the London Borough of Hillingdon * where appropriate