Licensing Act 2003 Licensing Policy

The operating schedule should be precise and clear about the measures to promote each of the Licensing Objectives. The operating schedule shall include:

• the licensable activities to be conducted on the premises
• the times during which it is proposed that the licensable activities are to take place
• any other times when the premises are open to the public
• where the licence is required only for a limited period, that period must be specified
• where the licensable activities include the supply of alcohol, the name and address of the individual to be specified as the Designated Premises Supervisor
• where the licensable activities include the sale of alcohol, whether the alcohol will be for consumption on or off the premises

When applicants are preparing their operating schedules or club operating schedules, they should consider what measures are appropriate to promote the four licensing objectives (crime and disorder, public safety, public nuisance and the protection of children from harm). In this respect, applicants should conduct a thorough risk assessment to identify necessary measures to include.  Any risk assessment should consider the individual circumstances of the premises (including local knowledge) and take into account a range of factors including:

• the nature and style of the venue
• the activities being conducted there
• the location
• the anticipated clientele

Any individual preparing an operating schedule or club operating schedule is at liberty to volunteer any measure, such as those below, as a step they intend to take to promote the licensing objectives. When measures are incorporated into the licence or certificate as conditions, they become enforceable under the law and any breach could give rise to prosecution

Crime and disorder

It is acknowledged that each premise will need to consider different areas for the prevention of crime and disorder, depending on the size of premise, characteristics and activities taking place. The following is a range of measures that could be included:

• the provision of CCTV; the presence of CCTV cameras can be an important means of deterring and detecting crime and disorder at and immediately outside licensed premises
  • where appropriate, risk assessments should identify the precise siting of each camera, the requirement to maintain cameras in working order, and to retain recordings for an appropriate period of time
  • the police should be able to offer advice on the use of CCTV to prevent crime

• details of a venue drugs policy

• details of any search procedure/policy including the storage procedures for confiscated drugs

• protocols for actions taken by door supervisors in relation to illegal drugs or violent behaviour, particularly when police officers should be called immediately

• text or radio pagers should be considered for public houses, bars and nightclubs operating in the town centre and seafront areas with a high density of licensed premises.  They may also be appropriate and necessary in other areas.

• measures to prevent, or substantially limit, alcohol abuse caused by drinking games and continuous drinks promotions; the Licensing Authority supports the advice given by the British Beer and Pub Association and the Portman Group, thus discouraging binge drinking, particularly by the under 25's

• to be affiliated with the relevant radio scheme where available

  • the police and Licensing Authority would encourage premises to use the initiatives currently in operation such as the Night Safe Radio Link operated by the Town Centre Partnership and the Gorleston High Street CCTV radio link

  • membership of a Community Alcohol Partnership is also recommended

• recruiting Security Industry Authority (SIA) licensed door supervision staff from a reputable company with SIA approved contractor status; having procedures in place to check the SIA register of licensed door supervisors to ensure their premises and customers are only protected by door supervisors with an SIA licence

• bottle bans and provision of toughened or shatter proof glasses, particularly when used in designated outside areas

  • in the interests of both crime and disorder and public safety, the Licensing Authority advise, where appropriate, that where alcohol is consumed in designated outside areas, provision is made to ensure that glasses will be of a type which, when broken, do not enable the remnants to be hazardous, or used as a weapon

  • drinking glasses or bottles that may be left (both inside and outside the premises) can be misused and the operating schedule should detail how frequently designated areas will be cleared of any glasses or bottles

• proof of age procedures in place - the police and local authority support and promote the challenge 25 scheme

Those involved in the design, development or refurbishment of premises should refer to the guidance 'Secured by Design Licensed Premises' which includes advice on establishing and maintaining a safe and secure environment in licensed premises.

Where relevant representations have been made and in order to comply with the licensing objectives, the Licensing Authority may attach conditions relating to:

• the use of text pagers or radios
• door supervisors
• banning of bottles
• plastic containers and toughened glass
• CCTV
• sale of single use alcoholic beverages in relation to off sales

Public safety

Employers have a statutory duty to comply with the requirements of the Health and Safety at Work etc. Act 1974, associated regulations and especially the requirements under the Management of Health and Safety at Work Regulations 1999, and the Regulatory Reform (Fire Safety) Order 2005 to undertake risk assessments. Employers should assess the risks, including risks from fire, and take measures necessary to avoid and control them.  Conditions enforcing these requirements are therefore unnecessary as it would be duplication.  

Special issues may arise in connection with cinemas, theatres, special effects, outdoor and large-scale events (see Guidance issued under Section 182 of the Licensing Act 2003).

In addition, those preparing operating schedules or club operating schedules, should consider:

• Model National and Standard Conditions for Places of Public Entertainment and Associated Guidance
• the Event Safety Guide - a guide to health, safety and welfare at music and similar events (HSE 1999) ('The purple book')
• Managing Crowds Safely (HSE 2000)
• 5 Steps to Risk Assessment: Case Studies
• the Guide to Safety at Sports Grounds (The Green Guide)
• Safety Guidance for Street Arts, Carnival, Processions and Large-Scale Performances
• the London District Surveyors Association's 'Technical Standards for Places of Public Entertainment'
• the Council's 'Event Safety Guide' for large scale events (capacity over 500) - available from Environmental Services, Town Hall, Great Yarmouth ([email protected])

 The following standards should also be considered:

• BS 5588 Part 6 (regarding places of assembly)
• BS 5588 Part 9 (regarding ventilation and air conditioning systems)
• BS 5588 Part 9 (regarding means of escape for disabled people)
• BS 5839 (fire detection, fire alarm systems and buildings)
• BS 5266 (emergency lighting systems)

In most premises existing legislation will provide adequately for the safety of the public or club members and guests. However, where this is not the case, consideration might be given to include the following matters in the operating schedule:

• safety checks that are carried out before the admission of public and how such checks are recorded
• escape routes - unobstructed and doors easily opened
• safe evacuation of disabled people
• operation of emergency lighting
• curtains, hangings, decorations and upholstery - not to obstruct
• capacity limits
  • the maximum number of persons allowed on the premises at any one time should include staff and patrons
  • the figure stated should take into account current fire safety guidelines and health and safety guidelines to ensure overcrowding is not a problem
  • examples of where an occupancy limit may be required would be in a nightclub or large pubs but would also depend on the type of entertainment provided
• access for emergency vehicles
• night club owners and dance event organisers are encouraged to seek guidance to ensure the health and safety of anyone attending the events from the safer clubbing guide - this would include chill out areas and access to free drinking water
• adequate and appropriate risk related supply of first aid equipment and personnel
• the provision of ventilation to ensure patrons do not become overheated
• electrical safety inspection of the mains system including the provision and testing of shock protection systems such as a residual current device
• any temporary electrical installation being used to be checked by a competent electrician and a temporary electrical installation report or a certificate of compliance to be obtained
• premises with a gas installation to have an annual CORGI certificate of inspection in respect of that installation and in respect of any gas appliance
• suitable and sufficient levels of lighting so as to ensure safety of patrons using the premises
• the specific safety hazards and associated risks concerned with special effects such as dry ice and fog machines, pyrotechnics, foam parties, firearms, lasers and strobe lighting
• the specific safety hazards concerning striptease and lap dancing entertainment
• adoption of 'Ask Angela' - the Licensing Authority would strongly encourage premises to consider adopting the 'Ask for Angela voluntary scheme' as an additional safeguard to help anyone who is feeling vulnerable on a night out to get the support they need
• the risk to patrons hearing from loud events, and any control and/or advance warning of this

Where relevant representations have been made and in order to comply with the licensing objectives, the Licensing Authority may attach conditions relating to:

• safety checks and provision of logbook

• maintenance of all escape routes and exits including external exits and routes

• disabled people - safe evacuation

• lighting (normal and emergency lighting)

• curtains, hangings, decorations and upholstery - maintained and flame retardant

• accommodation limits - capacity limits

• first aid - adequate and appropriate first aid equipment and materials available on the premises and trained attendants being on duty

• temporary electrical installations

• fire action notices

• electrical installations (including RCD protection) - safety inspections

• ventilation

• ase of special effects and giving notification to the licensing authority

• additional safety measures for indoor sports entertainment and any boxing or wrestling entertainment such as providing a written health and safety risk assessment to the Environmental Services Department at least 21 days prior to the event and having an appropriate number of staff trained in rescue and lifesaving procedures at water sports entertainments

• alterations to the premises

• additional safety measures in connection with theatres and cinemas

Public nuisance

The Licensing Authority appreciates that the Environmental Protection Act 1990, the Noise Act 1996 and the Clean Neighbourhoods and Environment Act 2005 provide some protection to the general public from the effects of noise nuisance. However, operators should be aware that some activities might cause a disturbance to members of the public and should take into consideration such issues as noise, light, odour, litter and anti-social behaviour when completing their operating schedule. Consideration might be given to include the following matters in the operating schedule:

• the hours during which the premises are permitted to be open to the public and/or restrictions when certain licensable activities are to take place
• the steps the applicant has taken or proposes to prevent noise and vibration escaping from the premises including music, noise from ventilation equipment, and human voices. Such measures may include keeping doors and windows shut, the installation of sound proofing, air conditioning, acoustic lobbies etc
• the steps the applicant has taken or proposes to prevent queuing, or, if queuing is inevitable, to divert queues away from neighbouring premises, or otherwise to manage the queue to prevent disturbance or obstruction
• the steps the applicant has taken or proposes to take to ensure staff and patrons leave the premises quietly
• the arrangements made or proposed for parking by patrons, and the effect of parking on local residents.
• Whether taxis and private hire vehicles serving the premises are likely to disturb local residents

• whether the premises would result in increased refuse storage or disposal problems or additional litter in the vicinity of the premises

• the steps the applicant has taken or proposes to take to ensure activities such as taking out refuse including glass bottles does not cause nuisance to neighbours

• the steps the applicant has taken to ensure security and other lighting does not create a nuisance to neighbouring residents.

Protection of children from harm

An operating schedule or club operating schedule should indicate any decision for the premises to exclude children completely.  This would mean there would be no need to detail in the operating schedule steps that the applicant proposes to take to promote the protection of children from harm. Otherwise, where entry is to be permitted, the operating schedule should outline the steps to be taken to promote the protection of children from harm while on the premises.  In this case, consideration might be given to include the following matters in the operating schedule:

• age restrictions - the hours of day during which age restrictions should and should not apply.  Additional measures for cinemas
• proof of age schemes to avoid illegal sales of alcohol taking place (such as 'NO ID - NO SALE', acceptance of PASS accredited Proof of Age Cards)
• staff training to identify measures taken to ensure that alcohol is not sold to persons under 18 or that other people do not purchase alcohol for under 18's (apart from exemptions)
• procedures for lost and found children at large scale events
• additional measures that are taken at events that are presented especially for unaccompanied children
• measures that are put in place to ensure that children are not exposed to unsuitable entertainment
• compliance with the Portman Group Code of Practice on Naming, Packaging and Promotion of Alcohol Drinks; the Licensing Authority commends the code, which is reproduced below

The Portman Group Code of Practice

The Portman Group operates on behalf of the alcohol industry, a Code of Practice on the naming, packaging and promotion of Alcoholic Drinks. The Code seeks to ensure that drinks are packaged and promoted in a socially responsible manner and only to those who are 18 years old or over. Complaints about products under the Code are considered by an Independent Complaints Panel and the Panel's decisions are published on the Portman Group's website, in the trade press and in an annual report. If a product's packaging or point-of-sale advertising is found to be in breach of the Code, the Portman Group may issue a Retailer Alert Bulletin to notify retailers of the decision and ask them not to replenish stocks of any such product or to display such point-of-sale material, until the decision has been complied with. The Code is an important weapon in protecting children from harm because it addresses the naming, marketing and promotion of alcohol products sold in licensed premises in a manner, which may appeal to or attract minors. The Borough Council commends the Code

Where relevant representations have been made and in order to comply with the licensing objectives, the Licensing Authority may attach conditions relating to:

• restrictions on access for children to licensed premises where there may be significant gambling, adult entertainment, heavy drinking, etc. taking place
• age restrictions on when children are not permitted to use the premises
• performances especially for children
• children in performances
• the Portman Group Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks
• Proof of Age Cards