Licensing Act 2003 Licensing Policy

Access to licensed premises

8.1The wide range of premises that require licensing means that children can be expected to visit many of these, and the development of family-friendly environments is encouraged.

8.2While the 2003 Act does not prohibit children from having free access to any licensed premises, the Licensing Authority recognises that limitations may have to be considered where it appears necessary to protect children from harm.

8.3The Licensing Authority will judge the merits of each separate application.  However, where relevant representations are made they may decide to impose conditions limiting the access of children to individual premises. The following are examples of premises that will raise concern:

• where entertainment or services of an adult or sexual nature are commonly provided
• where there have been convictions of members of the current staff at the premises for serving alcohol to minors or with a reputation for allowing underage drinking
• where it is known that unaccompanied children have been allowed access
• where requirements for proof of age cards or other age identification to combat the purchase of alcohol by minors is not the norm
• with a known association with drug taking or dealing
• where there is a strong element of gambling on the premises (but not, for example, the simple presence of a small number of cash prize gaming machines)
• where the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided at the premises.

Venue operators may also volunteer such prohibitions and restrictions in their operating schedules because their own risk assessments have determined that the presence of children is undesirable or inappropriate.

8.4Where relevant representations are received, the Licensing Authority will consider any of the following options when dealing with a licence application where limiting the access of children is considered appropriate to prevent harm to children:

• where alcohol is sold, requirements for the production of proof of age cards or other age identification before sales are made to ensure that sales are not made to individuals under18 (whether the age limit is 18 or 16 as in the case of consumption of beer, wine and cider in the company of adults during a table meal
• restrictions on the hours when children may be present
• restrictions excluding the presence of children under certain ages when particular specified activities are taking place
• restrictions on the parts of premises to which children might be given access
• age restrictions (below 18)
• requirements for an accompanying adult (including for example, a combination of requirements which provide that children under a particular age must be accompanied by an adult)

• full exclusion of people under 18 from the premises when any licensable activities are taking place

• restrictions or exclusions when certain activities are taking place

8.5No conditions will be imposed requiring that children be admitted to any premises and, where no limitation is imposed, this will be left to the discretion of the individual licensee.

8.6The 2003 Act details a number of offences designed to protect children in licensed premises and the Licensing Authority will work closely with the police and Trading Standards to ensure the appropriate enforcement of the law, especially relating to the sale and supply of alcohol to children.

Access to cinemas

8.7In the case of premises which are used for film exhibitions, the Licensing Authority will expect licensees or clubs to include in their operating schedules arrangements for restricting children from viewing age-restricted films classified according to the recommendations of the British Board of Film Classification.

Where a premise is authorised for film exhibitions, the licence will be subject to a mandatory condition requiring the admission of children to be restricted.

Children and regulated entertainment

8.8Many children go to see and/or take part in an entertainment arranged especially for them, for example children's film shows and dance or drama school productions, and additional arrangements may be required to safeguard them while at the premises. The Licensing Authority will expect the Operating Schedule to satisfactorily address this issue.

8.9If the applicant does not address protection of children issues in their operating schedule, it is likely that representations will be made. Where relevant representations are made, the Licensing Authority will consider attaching Conditions to licences to prevent harm to children and these may include Conditions drawn from the Model Pool of Conditions relating to the Protection of Children from Harm (see Appendix 4).

8.10The Borough Council considers that Norfolk Safeguarding Children's Board to be the lead responsible authority for matters relating to the protection of children from harm (see Appendix 3).