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Report of: Ed Chicken

Subject: Licensing Policy

SUMMARY SHEET

  1. PURPOSE AND SUMMARY OF REPORT (NOTE: Summary only needed if report more than 3 sides)
  1. IF THIS IS A KEY DECISION WHICH KEY DECISION TEST APPLIES?

It is over the financial threshold (£75 000)

It has a significant impact on 2 or more wards

Non Key

  1. SUMMARY OF RECOMMENDATIONS

That council supports the revised licensing policy as appended.

  1. DECISION IMPLEMENTATION DEADLINE

For the purposes of the scrutiny call in procedure this report is

Non-urgent 

Urgent report 

If urgent please give full reasons


LICENSING POLICY

EXECUTIVE MEMBER FOR COMMUNITY SAFETY & LEISURE: COUNCILLOR BARRY COPPINGER

EXECUTIVE DIRECTOR: JOHN RICHARDSON

  1. PURPOSE OF THE REPORT

1.1To consider the draft licensing policy in the light of the consultation exercise, scrutiny comments, and to make recommendations to council.

  1. BACKGROUND AND EXTERNAL CONSULTATION

2.1The draft licensing policy, previously considered by the Executive on 12 August 2003 has been subject to extensive consultation. Amendments have been made where the consultation has identified the need for simple clarification etc. Following this, the Overview and Scrutiny Board considered the draft, paying particular attention to the few remaining areas of contention. These centred on issues of cumulative impact, and of minimum pricing.

2.2A policy must be in place in order that the Council can comply with its obligation to ‘go live’ with the new arrangements from 07 February 05. The policy makes clear to applicants the standards that the Council will expect of them in the context of the 4 licensing objectives:

  • the prevention of crime and disorder;
  • public safety;
  • the prevention of public nuisance;
  • the protection of children from harm.

The policy cannot deviate from these objectives, and must be evidence based, with any conditions capable of being defended if challenged.

2.3CUMULATIVE IMPACT

2.4The assumption of the legislation is that applications for licences will be granted unless representations are received that indicate one of the four licensing objectives will be affected adversely. However a partial caveat is permitted which allows a Licensing Authority to consider the cumulative impact of licensed premises in a defined area. In such an area, the applicant is required to show how their premises will not add to any problems that exist currently. Nevertheless the authority must still grant a licence unless it receives relevant representations.

2.5Such a Policy cannot include sales of alcohol for consumption off the premises. The Policy cannot be used to revoke or refuse to vary a licence except insofar as the variation would impact on the cumulative effect e.g. increase in capacity.

2.6The extra powers that arise from declaring an area ‘saturated’ are extremely limited, and such a declaration cannot automatically prevent any new business from establishing. However it does indicate to prospective applicants, and potential objectors, how the council views an area. It may be that an application for a large capacity pub would be unwelcome, whereas a wine bar would be welcomed; and granted on the basis that it would not add significantly to the cumulative effect.

2.7Scrutiny considered that the Council should adopt a “saturation policy” for licensing, covering the town centre area as a whole, in order to give a positive message about the type of licensed premises we wish to encourage in the town centre.

2.8PRICING

2.9At present there is a voluntary agreement, supported by most licensees, not to reduce the price of alcoholic drinks below £1.50. Whilst there have been concerns over the legality of this stance in terms of its obvious anti competitive nature, no challenge has been received to date. Incorporating this in the policy is supported by the police, Luminar Leisure, and the British Entertainment and Discotheque Association.

2.10However no evidence is available that indicates that this reduces binge drinking. It could therefore be difficult to defend if challenged.

2.11Scrutiny recommended that the Council should support a voluntary pricing policy, in order to discourage binge drinking.

  1. FINANCIAL, LEGAL AND WARD IMPLICATIONS

3.1The transfer of work to the local authority will require resources, within both Community Protection and Legal Services. This is being addressed currently. income levels are still uncertain as the consultation period has not ended, though it is likely that fees will be capped at levels significantly lower than current public entertainment fees.. It is important that this work is viewed not simply as administration, as the enforcement and advisory role will be crucial to using the licensing regime in support of well managed development of the night time economy.

3.2Whilst the major impact is in the town centre, the entire town is affected to some degree by these changes.

  1. RECOMMENDATIONS

4.1That council supports the revised licensing policy as appended.

BACKGROUND PAPERS

DCMS guidance to the Licensing Act 2003 issued July 04 and the Act itself available DCMS website

AUTHOR:Ed Chicken

TEL NO: 728057

______

Address:

Website:

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MIDDLESBROUGH COUNCIL’S

LICENSING POLICY

in relation to

THE LICENSING ACT 2003.

November 2004

MIDDLESBROUGH COUNCIL’S

LICENSING POLICY

in relation to

THE LICENSING ACT 2003.

CONTENTS

1.Introductionp 3-4

2.Scope of Policyp 4-5

3.Personal Licencesp 5

4.Premises Licencesp 5-6

5.Licensing Objectivesp 6

6.The impact of Licensed activitiesp 6-7

7.Other Licensing controlsp 7-8

8.Prevention of Nuisancep 8-12

  • Location & Impact of activitiesp 8-9
  • Saturation & cumulative effectp 10
  • Staggered closing timesp 10-11
  • Littering & refuse storagep 12

9.Public Safetyp 12-13

10.Crime & Disorderp 13-14

  • Drugsp 14
  • Tables & Chairs outside premisesp 14

11.Protection of Children from Harmp 14-17

  • Film Exhibitionsp 15
  • Packaging & promotion of alcohol p 15
  • Sex related activitiesp 15-16
  • Stage hypnotismp 16-17

12.Supplementary Informationp 17-20

  • Planningp 17-18
  • Consultationp 18
  • Determining applicationsp 18-19
  • Conditionsp 19
  • Other strategiesp 19
  • Enforcementp 19-20
  • Delegated authorityp 20

Licences other than for both

entertainment and alcoholp 20-21

  • Off Licencesp 20
  • Late Night Refreshment Housesp 20-21

13.Appendicesp 22-27

  • Appendix 1 making an applicationp 22-23
  • Appendix 2 glossary of termsp 24-25
  • Appendix 3 list of consulteesp 26
  • Appendix 4 list of delegationsp 27

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MIDDLESBROUGH COUNCIL

Statement of Licensing Policy – August 2004

1.0INTRODUCTION

1.1The Licensing Act 2003 gives the Council responsibility for the grant or rejection of applications in relation to the sale of liquor, the provision of entertainment and the provision of late night refreshment. Conditions can be attached to licences only to ensure the following:

  • The Prevention of Crime & Disorder
  • Public Safety
  • The Prevention of Public Nuisance
  • The Protection of Children from Harm

These are known as the “Licensing Objectives”. The Council’s decision making ability is constrained either by the provisions of the Act and/or Regulations made under the Act. The Council is required to have regard to guidance from the Secretary of State for the Department of Culture, Media and Sport (DCMS) but may, if it considers it appropriate, deviate from the guidance where there are good reasons, which can be justified.

1.2The Licensing Act requires every Council to prepare and publish a licensing policy, from 2004, and to review it every three years. More frequent reviews may be undertaken, subject to full consultation & subsequent publication. This policy is effective from 7 February 2005.

This policy relates to licensable activities as defined in the Act, and follows guidance published by the Department for Culture, Media and Sport (DCMS). It seeks to provide clarity and guidance on the approach adopted by the Council, and in those matters that will normally be taken into account, when making decisions on licensing applications.

Guidance on the procedures to be followed by applicants and objectors are attached as Appendix 1 accompanied by a Glossary of Terms at Appendix 2.

1.3The Council, when publishing or revising this policy statement, will seek to achieve proper integration with policies affecting local crime prevention, community safety, planning, transport, tourism and consult widely. In due course, the Council’s Licensing Committee will be appraised of the employment & regeneration position of Middlesbrough as & when appropriate, to enable such relevant factors to form part of their deliberations

1.4The Act requires consultation with:

  • the police
  • the fire service
  • representatives of licence holders
  • local businesses and their representatives
  • local residents and their representatives

1.5In formulating this policy the Council has had regard to the provisions of the European Convention on Human Rights in that everyone has the right to respect for their home and private life and that every person is entitled to the peaceful enjoyment of their possessions (including a licence). The Human Rights Act 1998 makes it unlawful for a Public Authority to act in a way that will be incompatible with a convention right. Consequently an aim of this policy and in particular in relation to the decision-making processes of the Council is to ensure that a licensing decision does not cause a breach of a convention right. The Council has also taken into account the provisions of the Crime and Disorder Act 1998 with regard to the likely effect of the exercise of its functions on crime and disorder in the Middlesbrough area and is committed to doing all it can to prevent crime and disorder.

1.6The Government’s National Alcohol Harm Reduction strategy has also been taken into account in relation to crime and anti social behaviour and the effect that binge drinking has on the health of the population. The Council has also taken into account the Home Office “Safer Clubbing Guide” and the Tees Valley “Managing Unlawful Substances in Pubs & Clubs (MUSIC)” Policy.

1.7The Council recognises that it has a legal duty to have due regard to the requirements of the Race Relations Act 1976, as amended by the Race Relations (Amendment) Act 2000 in relation to the need to eliminate unlawful discrimination and promote equality of opportunity and good relations between people of different racial groups.

1.8When dealing with licence applications the council will be subject to the Freedom of Information Act with effect from January 2005. It will therefore be required to disclose information regarding licensing applications under that Act. Further details of the Council’s publication scheme & the rights of individuals can be found on the Council web site at:

The views of all who responded to the consultation exercise have been carefully considered prior to the finalisation of this Policy.

1.9Profile of Middlesbrough

Middlesbrough sits at the heart of the Tees Valley conurbation with an economy that is largely service based. The Town Centre is the sub regional shopping centre for the Tees Valley. The Town has a culturally diverse population with the highest concentration of ethnic minorities in the North East.

Though Middlesbrough has a population of approximately 140,000, of which in excess of 50,000 are in the age groupings of 17-44, it serves a much larger, regional population in terms of the provision of leisure facilities. It is a cultural centre with a Premiership Football Club, annual Music Live event and annual Mela.

2.0SCOPE OF THE POLICY

2.1The Licensing Activities specified in the Licensing Act 2003, which are covered by this policy, include:

  • The retail sale of alcohol (including current “on” and “off” licences)
  • Supply of hot food or drink from a premises from 23.00 to 05.00 hours
  • Supply of alcohol or provision of regulated entertainment to club members

Provision of entertainment listed below (known as regulated entertainment) to the public, to club members or with a view to profit:

  • Film exhibitions
  • Performances of a play
  • Indoor sporting events
  • A boxing or wrestling entertainment
  • Live music performances
  • Playing of recorded music (with the exception of incidental music)
  • Dance performances
  • Provision of facilities for making music
  • Provision of dancing facilities
  • Circuses (for which a Temporary Event Notice would be required).

2.2The Act also covers:

  • The licensing of individuals for the retail sale of alcohol (“personal licences”);
  • the licensing of premises for the retail sale of alcohol, the provision of regulated entertainment or late night refreshment (“premises licences”);
  • the supply of alcohol or the provision of regulated entertainment to certain clubs (“club premises certificates”); and
  • the permitting of certain licensable activities on a temporary basis (“temporary event notices”).

2.3The scope of the policy covers new applications, renewals where applicable, transfers and variations of licences and certificates, including where applicable, temporary premises licences. It will also include review of licences and certificates. Such a review could lead to the revocation of a licence or certificate. All references to “Licensing Authority” refer to Middlesbrough Council’s Licensing Authority.

(In general a reference in this policy to a licence will include a club premises certificate. Specific guidance in relation to Club premises will be provided as part of the application pack).

2.4The Council seeks to encourage and promote a broad range of entertainment and, in particular, live music, dancing and theatre. The Council recognises that such events and, in particular, performances of traditional music and dance are of great value in developing cultural diversity and vibrant communities. The Council will seek therefore to licence public spaces to make provision for diverse entertainment.

3.0PERSONAL LICENCES

3.1The Licensing Authority recognises it has very little discretion in the granting of personal licences. In general, provided an applicant has a qualification acceptable to DCMS and does not have unspent criminal convictions the application must be granted.

If an applicant has a relevant conviction only the police can oppose the application. If an objection is lodged a hearing must be held.

3.2Policy: At that hearing the Licensing Authority will consider carefully whether the grant of the licence will be in the interests of the crime prevention objective. It will consider the seriousness and relevance of any conviction(s), the period that has elapsed since the offence(s) were committed and any mitigating circumstances. The Licensing Authority will only grant the application if it is satisfied that doing so will promote this objective.

Reason: Prevention of crime & disorder is both an objective of the Licensing Act 2003 and a responsibility of the Council under the Crime and Disorder Act 1998. A person holding a personal licence should be a person who is not only properly qualified but a person who will assist in the prevention of crime & disorder. Granting a licence to a person with a relevant criminal conviction could undermine rather than promote the crime & disorder prevention objective.

4.0PREMISES LICENCES AND CLUB PREMISES CERTIFICATES

4.1This Policy primarily focuses on premises that provide multiple licensable

activities. Further information is provided at pages 25 & 26 for premises to which many parts of this policy does not fully apply.

4.2Policy: The Licensing Authority will expect individual applicants to address the licensing objectives in their operating schedule (which the Act requires them to prepare). It will expect the operating schedule to have regard to the nature of the area where the premises are situated, the type of premises concerned, the licensable activities to be provided, the hours the activities are to be provided, operational procedures and the needs of the local community. In this respect the Licensing Authority will expect the plan to demonstrate how it is intended that the licensed premises will be “good neighbours” both to residents and to

nearby venues and businesses. The Licensing Authority will not issue a Premises Licence or

Club Premises Certificate until the applicant has demonstrated, to the satisfaction of the Council, that (s)he has addressed each of the Licensing objectives.

Reason: To comply with the legislative requirements of the Licensing Act 2003.

5.0LICENSING OBJECTIVES

5.1In carrying out its licensing functions The Council is required to promote the licensing objectives set out in the Act. These are:

  • The prevention of crime and disorder;
  • Public safety;
  • The prevention of public nuisance; and
  • The protection of children from harm.

The Council deems that each of these four objectives has equal importance.

5.2To achieve these objectives The Council will use its full range of powers and engage all relevant stakeholders including its planning service, transport providers, its Community Safety/ Crime and Disorder Partnership, Police, the Fire Authority, its Environmental Health & Trading Standards services, local businesses, community representatives and local people.

6.0CONSIDERATION OF THE IMPACT OF LICENSED ACTIVITIES

6.1Policy: When considering whether any licensed activity should be permitted, the Licensing Authority will, if relevant representations are made, assess the likelihood of it causing an unacceptable adverse impact, both in terms of crime & disorder and also, public nuisance in, particular, to local occupiers. The Licensing Authority will therefore, take into account the following factors which the applicant must consider in the application, amongst other relevant matters:

a)the type of use, the number of customers likely to attend the premises and the type of customers at the time of the application;

b)the proposed hours and days of operation;

c) the level of public transport accessibility for customers either arriving or leaving the premises and the likely means of public or private transport that will be used by the customers;

d) the means of access and egress to the premises which should have customer entrances and exits on the principal pedestrian routes;

e)the level of likely car parking demand on principal roads and surrounding residential streets and its effect on local residents and other occupiers, in comparison with the existing situation; and the effect on residential parking and emergency access;

f)the need for provision of portable toilet facilities outside of the premises

g)the cumulative impact of licensed premises in an area and the scope for mitigating any impact; (see separate section, page 10)

h) how often the activity occurs.

i)what waste disposal arrangements are in place including bin storage and provision to collect & contain litter from the area immediately outside of the premises

j)public nuisance caused by unauthorised advertisements & fly-posters

and, in considering any application which is already licensed, the Licensing Authority will take into account any evidence:

k)of past demonstrable adverse impact from the activity especially on local residents and nearby occupiers; or