Licensing Act 2003 Licensing Policy

3.1Nothing in the 'Statement of Licensing Policy' will:

• undermine the rights of any person to apply under the 2003 Act for a variety of permissions and have the application considered on its individual merits
• override the right of any person to make representations on any application or seek a review of a licence or certificate where they are permitted to do so under the 2003 Act

3.2Licensing is about the control of licensed premises, qualifying clubs and temporary events within the terms of the 2003 Act, and conditions may be attached to licences, certificates and permissions that will cover matters which are within the control of individual licensees.

3.3When considering conditions (on receipt of a relevant representation), the Licensing Authority will primarily focus on the direct impact of the activities taking place at licensed premises on members of the public living, working or engaged in normal activity in the area concerned.

3.4The Licensing Authority acknowledges that the licensing legislation is not the primary mechanism for the general control of individuals once they are away from licensed premises and therefore beyond the direct control of individual licensees or certificate holders.

However, licensees and certificate holders should take reasonable steps to prevent the occurrence of crime and disorder and public nuisance immediately outside their premises, for example, on the pavement, in a beer garden or in a smoking shelter, where and to the extent that these matters are within their control.

3.5In this respect, the Licensing Authority recognises that there are a number of other mechanisms available for addressing issues of unruly behaviour that can occur away from licensed premises, including:

• planning controls
• positive measures to create a safe and clean town centre environment in partnership with local businesses, transport operators and other departments of the local authority
• council powers in relation to nuisance and antisocial behaviour
• the provision of CCTV surveillance and taxi ranks in the town
• powers of the local authority to designate parts of the Borough as places where alcohol may not be consumed publicly
• police enforcement of the general law concerning disorder and anti-social behaviour, including the issue of fixed penalty notices
• the prosecution of any personal licence holder or member of staff at such premises who is selling alcohol to people who are drunk
• the confiscation of alcohol from adults and children in designated areas
• police powers to close down premises instantly for up to 24 hours any licensed premises or temporary event on the grounds of disorder, the likelihood of disorder or noise emanating from the premises causing a nuisance
• the power of the police, other responsible authorities or a local resident or business to seek a review of the licence or certificate in question