|
Subject: |
Application for a New Premises Licence under the Licensing Act 2003 |
|||
|
Premises: |
109A-110 Western Road Brighton BN1 2AA |
|||
|
Applicant: |
Bulent Ekinci |
|||
|
Date of Meeting: |
24 January 2022 |
|||
|
Report of: |
Executive Director of Housing, Neighbourhoods & Communities |
|||
|
Contact Officer: |
Name: |
Emma Grant |
Tel: |
(01273) 292381 |
|
|
Email: |
Emma.Grant@brighton-hove.gov.uk |
||
|
Ward(s) affected: |
Regency |
|||
1. PURPOSE OF REPORT AND POLICY CONTEXT
1.1 To determine an application for a New Premises Licence under the Licensing Act 2003 for 109A-110 Western Road.
2. RECOMMENDATIONS:
2.1 That the Panel determine an application for a New Premises Licence under the Licensing Act 2003 for 109A-110 Western Road.
3. CONTEXT/BACKGROUND INFORMATION & CONSULTATION
3.1 The application is for a New Premises Licence under the Licensing Act 2003. The application proposes to serve hot food and stone baked plates that alcohol will be served along with table meals. Please refer to the plans to understand the layout.
3.2 Section 18 of the application is detailed at Appendix A and the plan of the premises is attached at Appendix B
3.3 Summary table of proposed activities
|
|
Proposed |
|
Late Night Refreshment |
Monday – Sunday 11:00 – 00:00 Indoors only
|
|
Supply of Alcohol |
Monday – Sunday 11:00 – 23:30 On premises |
|
Hours premises are open to public |
Monday – Sunday 11:00 – 00:00
|
3.4 Cumulative Impact. The premises falls within the Cumulative Impact Area (“The Area”) (see paragraphs 3.1 – 3.1.10).
Representations received
3.5 Details of the representations made are notified to applicants on receipt by the Licensing Authority using a pro-forma. A summary appears below:
3.6 4 representations were received. They were received from local residents
3.7 Representations received had concerns relating to Prevention of Crime and Disorder, Cumulative Impact, Prevention of Public Nuisance, Public Safety, Protection of Children from Harm.
3.8 An agreement was also reached between Sussex Police and the applicant relating to concerns of Prevention of Crime & Disorder, Public Nuisance & Protection of Children from Harm.
3.9 Full details of the representations and agreement are attached at Appendix C.1 and C.2. A map detailing the location of the premises is attached at Appendix D.
4. COMMENTARY ON THE LICENSING POLICY
4.1 The following extracts from Brighton & Hove City Council Statement of Licensing Policy are considered relevant to this application and are numbered as they appear in the policy:
1.1 This Statement of Licensing Policy has been prepared in accordance with the
provisions of the Licensing Act 2003 (the Act) and having regard to Guidance
issued by the Home Office under Section 182 of the act. This policy takes effect
from the 4th February 2021. The licensing authority is Brighton & Hove City Council.
The purpose of this statement is to promote the licensing objectives and set out a
general approach to making licensing decisions. The discretion of the licensing
authority in relation to applications under the act is only engaged if ‘relevant
representations’ are made by other persons or responsible authorities. This policy
will inform the approach to be taken when deciding applications and imposing
conditions when relevant representations are received. It is also intended as a
guide for applicants as to what to include in their operating schedules, always
recognising that if no representations are received, the application must be granted.
The licensing authority must carry out its functions with a view to promoting the
licensing objectives and this policy is framed around those objectives. Each
application will be given individual consideration on its merit. The scope of this
policy covers the following:
• Retail sales of alcohol.
• The supply of alcohol by or on behalf of a club, or to the order of, a member of
the club.
• The provision of regulated entertainment.
• The provision of late night refreshment.
1.2 The licensing objectives are:
(a) the prevention of crime and disorder.
(b) public safety.
(c) the prevention of public nuisance; and
(d) the protection of children from harm.
1.3 Scope
1.3.1 Licensing is about regulating licensable activities on licensed premises, by
qualifying clubs and at temporary events. Any conditions attached to various
authorisations will be focused on matters which are within the control of individual
licensees and others with relevant authorisations, i.e. the premises and its vicinity.
Each application will be given individual consideration on its merit. Nothing in this
policy shall undermine the right of any individual to apply under the terms of the act
for a variety of permissions and to have any such application considered on its
individual merits. Similarly, nothing in this policy shall override the right of any
person to make representations on an application or seek a review of a licence or
certificate where provision has been made for them to do so in the act.
3 Special Policies and Initiatives
3.1 Cumulative impact
3.1.1 The licensing authority may receive representations from either a responsible
authority or other persons that the premises will give rise to a negative cumulative
impact on one or more of the licensing objectives. This should not, however, be
confused with ‘need’ which relates more to the commercial demand for a particular
type of premises. The issue of ‘need’ is therefore a matter for the market to decide
and can, in some circumstances, be a matter for planning consideration; need
therefore, does not form part of this licensing policy statement.
3.1.2 Special Policy - Cumulative Impact is defined as the potential impact upon the
promotion of the licensing objectives of a significant number of licensed premises
concentrated in one area.
3.1.3 The licensing authority, after careful consideration, has determined that the
concentration of licensed premises in an area of the city centre is causing problems
of crime and disorder and public nuisance, and that therefore an approach to
‘Cumulative Impact’ is necessary as part of its statement of licensing policy. The
first Special Policy incorporating a Cumulative Impact Zone (CIZ) and Special
Stress Areas (SSA’s) was adopted in March 2008. Since that date, the licensing
authority has kept the CIZ and SSA’s under review. On 15 December 2011 Full
Council resolved to expand the CIZ and the special stress area, covering 1.5% of
the administrative area of Brighton & Hove City Council. On 20th November 2014
Licensing Committee resolved to confirm the current CIZ and SSA as defined in the
current Statement of Licensing Policy. On the 29th November 2018 Licensing
Committee resolved to expand the SSA into Central Hove. It is now proposed to
expand the SSA into Preston Road and Beaconsfield Road. The licensing authority
has published a Cumulative Impact Assessment which can be found at Appendix E.
3.1.4 This special policy will refer to a Cumulative Impact Zone (“the CIZ”) in the Brighton city centre, a detailed plan of which is shown below.
3.1.5 The Cumulative Impact Zone comprises the area bounded by and including: the
north side of Western Road, Brighton from its intersection with the west side of
Holland Road to the junction with the west side of Dyke Road at its eastern end;
from there, north-east to the junction of the north side of Air Street with the west
side of Queens Road and then northward to the north-west corner of Surrey Street
junction with Queens Road; thence along the north side of Trafalgar Street
eastwards to its junction with York Place and continuing south-east across to Grand
Parade, then south to the junction of Edward Street; along the north side of Edward
Street to the east side of its junction with Egremont Place and southward along the
eastern sides of Upper Rock Gardens and Lower Rock Gardens; southward to the
mean water mark and following the mean water line westward to a point due south
of the west boundary of Holland Road; northward to that point and along the west
side of Holland Road to its northwest boundary and then diagonally across Western
Road to its intersection with the west side of Holland Road.
3.1.6 The special policy will only be overridden in exceptional circumstances. The effect
of this special policy is that applications for new premises licences or club premises
certificates within the area, or variations which are likely to add to the existing
Cumulative Impact will be refused following relevant representations. This
presumption can be rebutted by the applicant if they can show that their application
will have no negative Cumulative Impact.
3.1.7 This special policy also applies to all new premises licences and club premises
certificates, for example pubs, restaurants and take-away establishments. Off
licences also come within this policy as they can contribute to problems of street
drinking, proxy purchasing, dispersal issues, preloading and excessive drinking and
related disorder.
3.1.8 The presumption of refusal does not relieve responsible authorities or other persons of the need to make a relevant representation. If there are no representations, the licensing authority must grant the application in terms consistent with the operating
schedule submitted.
3.1.9 Furthermore, this special policy is not absolute. Upon receipt of a relevant
representation, the licensing authority will always consider the circumstances of
each case and whether there are exceptional circumstances to justify departing
from its special policy in the light of the individual circumstances of the case. If an
application is unlikely to add to the cumulative impact of the area, it may be granted.
The impact can be expected to be different for premises with different styles and
characteristics. For example, while a large nightclub or high capacity public house
might add to problems of cumulative impact, a small restaurant, theatre or live
music venue (where alcohol is not the primary activity) may be considered
exceptional circumstances. The fact that a premises will be/is exceptionally well
managed with a well-qualified applicant, or that there are no residential premises
nearby, will not be considered exceptional.
3.1.10 If the licensing authority decides that an application should be refused, it will still
need to show that the grant of the application would undermine the promotion of
one of the licensing objectives and that conditions would be ineffective in preventing
the problems involved.
3.3 The Matrix Approach
The Licensing Authority will support:
3.3.1 Diversity of premises: ensures that there is a mix of the different types of licensed
premises and attracts a more diverse range of customers from different age groups,
different communities and with different attitudes to alcohol consumption. It gives
potential for positively changing the ambience of the city or an area of it. This will
have a positive effect in reducing people’s fear of crime and in increasing the
number of evening visitors to the city centre. The Community Safety Strategy
recognises that too many single uses in a confined area and patrons turning out
onto the streets at the same time may create opportunities for violent crime and
public disorder and therefore supports mixed use venues encouraging a wider age
balance.
3.3.2 A “matrix” approach to licensing decisions has been adopted and is set out below. It provides a framework of what the licensing authority would like to see within its area
and gives an indication of the likelihood of success or otherwise to investor and
businesses making applications.
Matrix approach for licensing decisions in a Statement of Licensing Policy (times relates to
licensable activities)
|
|
Cumulative Impact Area
|
Special Stress Area
|
Other Areas |
|
Restaurant
|
Yes (midnight) |
Yes (midnight) |
Yes (midnight) |
|
Café |
Yes (10 pm) |
Yes (10 pm) |
Yes (10 pm) |
|
Late Night Takeaways |
No |
Yes (midnight) |
Yes (midnight) |
|
Night Club |
No |
No |
No |
|
Pub |
No |
Yes (11pm) |
Yes (midnight) |
|
Non-alcohol lead (e.g. Theatre) |
Yes (favourable) |
Yes (favourable) |
Yes (favourable) |
|
Off-licence
|
No |
No |
Yes (Up to 11pm but if in densely residential area may be earlier – see note 7 below) |
|
Members Club (club premises certificate) |
Yes (<100 capacity) (11pm) |
Yes (<100 capacity) (11pm) |
Yes |
Notes on matrix
Subject to the following notes, the policy, as represented in the matrix, will be
strictly adhered to:
1) Each application will be considered on individual merit
2) Applications within the CIZ are subject to the special policy on cumulative impact at
para 3.1, and those within the special stress area to the special stress policy
considerations at para 3.2.
3) Departure from the matrix policy is expected only in exceptional circumstances
4) Exceptional circumstances will not include quality of management or size of venue
except where explicitly stated in policy matrix.
5) Exceptional circumstances may include: consultation with and meeting
requirements of responsible authorities, an appropriate corporate social
responsibility policy, community contribution to offset impact (such as financial
contribution to infrastructure), community support, alcohol sale ancillary to business
activity (demonstrable to responsible authorities and licensing authority, for instance
by licence condition allowing authorised officers access to sales accounts).
6) The following licensing activities are encouraged and valued by the licensing
authority: outdoor regulated entertainment, community based street parties,
members clubs, traditional pubs outside the city centre and non-alcohol led
licensable activities, particularly within city centre.
7) Other Areas; consideration will be given to the nature of the area and location in
relation to any application. In a residential area for example the concerns of local
residents will be relevant when considering applications for off-licences, pubs or
cafes, especially if there is evidence of anti-social behaviour, street drinking or
underage drinking. Earlier closing times may be appropriate. Regard will be had to
the Public Health Framework for assessing alcohol licensing on our website
www.brighton-hove.gov.uk/licensingact.
8) In an area where there are already several existing off-licences or where the
premises is situated within a parade with another off licence and where
representations are received about negative cumulative impact on the licensing
objectives of a further premises, the application may be refused on these grounds
or restrictions placed on the terminal hour to reflect opening hours of other shops.
9) Outdoor events will be supported where arranged through the council’s event
planning process. Generally, regulated entertainment in the open air including tents
and marquees should have a maximum closure hour of 2300. Earlier hours may be
imposed in sensitive open spaces or near residential areas. The licensing authority
will have regard to Noise Council guidance.
10) Non-alcohol led category does not include “alcohol in shared workplaces”. It is
recommended that sale of alcohol in shared workspaces should have a terminal
hour of no later than10pm. For further advice and guidance on “alcohol in shared
workplaces” please see paragraph 3.3.4-3.3.6.
3.3.3 Cafes - the licensing authority may be prepared to look favourably upon an
application for the grant of a licence, subject to the following conditions that will
prevent the premises becoming a public house.
• The sale of intoxicating liquor and other beverages shall be waiter/waitress
service for consumption by persons seated at tables.
• Substantial food shall be available at all times. The licensing authority shall
judge each case on its own merits but as a general rule, a bowl of crisps,
nuts, or olives does not constitute substantial food.
3.3.3 Restaurants - the licensing authority may be prepared to look favourably upon an
application for the grant of a licence, subject to the following restaurant condition.
• Intoxicating liquor shall not be supplied or sold on the premises otherwise
than to persons taking table meals there and for the consumption by such a
person as an ancillary to their meal. There will be no vertical drinking.
• Restaurants with outside service - the licensing authority will also consider
applications from restaurants that request to serve alcohol to areas adjacent
to or immediately outside their premises. In addition to the above conditions
for cafes, the licensing authority will require evidence that the applicants
have an agreement with the local authority to use the area as defined on a
plan provided. The following condition may also apply:
• The sale and supply of alcohol for consumption off the premises shall be
restricted to an area licensed by the Local Authority for use of the public
highway as shown on the plan deposited and such area shall be defined by a
physical barrier acceptable to the licensing authority.
4 Prevention of Crime and Disorder
The following details and measures are intended to address the need for the prevention of crime and disorder which may be associated with licensed premises and certificated club premises. Conditions attached to licences and certificates will, as far as possible, reflect local crime reduction strategies.
4.1.1 The licensing authority acknowledges that training and good management play a key part in preventing alcohol and drug related crime. The authority expects that all licensees of on-licensed premises attend training programmes which will raise their awareness of the issues relating to drugs and violence in licensed premises, and that suitable training be extended to all bar staff and door supervisors so that drug dealers and users will be deterred from using licensed premises for illegal purposes and that incidents of violence in licensed premises will be reduced. Licensees are also encouraged to attend training programmes to help identify children at risk and issues of basic child protection. It is the duty of the designated premises supervisor (DPS) to train staff on induction concerning conditions on their premises licence.
4.1.2 It is expected that the DPS will spend a significant amount of time on the premises. When not on the premises it will be essential that the DPS is contactable, particularly should problems arise with the premises and that staff are authorised by the DPS.
4.1.3 The location of violent attacks, anti-social behaviour and hate crime or related incidents may be used to justify closing times.
4.1.4 Measures put in place should support the intentions of Operation Marble (police operational order), which aims to prevent incidents of crime and disorder within the night time economy, at weekends. Operation Marble operates with a view to minimising the risk to the public of being a victim of public place violent crime; to reduce incidents of violent crime and public disorder within the city centre; to deal positively with offences and offenders; to secure and preserve evidence which will assist in the prosecution of offenders and to support the night time economy and the responsibly run businesses within it.
4.3 Care, control and supervision of premises
4.3.1 The Licensing authority supports the Business Crime Reduction Partnership and
other approved schemes. Where appropriate, premises licence holders should be
members of the BCRP for the deterrence to violent crime that such membership
provides. The BCRP NightSafe radio scheme is normally expected as an
operational requirement for city centre bars, clubs and pubs and is an example of
good practice in achieving the aim of reducing crime and disorder and improving
public safety. Well managed pub-watch schemes provide information exchange
between the premises licence holders and responsible authorities that reduce and
deter violent crime and disorder. The council will support a responsible licensing
scheme.
4.3.2 The effective management and supervision of a venue is a key factor in reducing
crime and disorder, both within it and outside. The police will consider the
applicants, objecting to the application where appropriate. The police may suggest
crime prevention measures in relation to, for example, the internal layout of the
premises, closed-circuit television, help points, lighting and security staff. The
police may ask for conditions which support such measures to be imposed when
licensing applications are granted, eg type of licence, capacity, operating hours
restrictions.
4.3.3 Following the grant of a licence, the management and supervision of the premises, in so far as it might impact on crime and disorder, will continue to be monitored. Particular attention will be paid to any licensed premises where there is evidence of criminal activity or any association with racist or homophobic crime. The licensing authority will keep itself well briefed on the nature, location and type of premises where alcohol related violence and disorder are occurring so it can take full account of the facts and avoid exacerbating problems as required by the Community Safety Strategy. Where licensed premises are found to cause nuisance or be associated with disorder or unreasonable disturbance, the review process may be invoked, and powers of revocation or the imposition of conditions may be considered. Conditions may include use of closed-circuit television, licensed door supervisors and earlier closing times. Such action to restrict the operation may be taken for trial periods to allow businesses an opportunity to remedy existing disorder, nuisance or
disturbance.
4.3.4 This policy recognises the use of registered Door Supervisors All Door Supervisors will be licensed by the Security Industry Authority. Mobile security units and similar systems are in use by some premises operators as a means of providing security cover at very short notice at premises which may not normally require a permanent security presence. This policy endorses the use of units following such guidance and standards in appropriate circumstances.
4.3.5 The development of codes of practice and general operating standards for security companies is encouraged for local businesses; premises operators are urged to
ensure that security services, when engaged, are provided by suitably qualified
businesses operating to recognised standards and who should be working towards
SIA accreditation.
4.3.6 Enforcement will be achieved by the enforcement policy appended (Appendix B).
5 Public Safety
The following details and measures are intended to address the need for the protection of public safety which may be associated with licensed premises and certificated club
premises.
5.1.1 The permitted capacity is a limit on the number of persons who may be on the
premises at any time, following a recommendation by the relevant fire and rescue
authority under the Regulatory Reform (Fire Safety) Order 2005. For any application
for a premises licence or club premises certificate for premises without an existing
permitted capacity where the applicant wishes to take advantage of the special
provisions set out in section 177 of the 2003 Act, the applicant should conduct their
own risk assessment as to the appropriate capacity of the premises. They should
send their recommendation to the fire and rescue authority which will consider it
and decide what the “permitted capacity” of those premises should be.
5.1.2 Normally in the city centre, pubs and clubs will be expected to operate using
polycarbonate or toughened/shatterproof glass.
5.1.3 Conditions may be imposed in accordance with operating schedules to protect
public safety including where justified:
(a) provision of closed-circuit television and panic buttons.
(b) use of shatterproof drinking vessels; bottles requiring use of toughened glass
or plastic should normally be required unless applicants can show
exceptional reasons.
(c) use of door supervisors, licensed by the Security Industry Authority.
(d) requirement of a minimum of a licensed door supervisor for every 100
customers in nightclubs and large city centre pubs or as indicated by risk
assessment.
(e) occupant capacity conditions will be applied where appropriate.
(f) the provision of designated and suitably trained first aiders.
5.1.4 Where appropriate, licence holders or their authorised representatives will submit
event safety plans and operating manuals, attend Event Planning Teams or Safety
Advisory Groups and similar meetings prior to large events and shall be part of Event Liaison Teams during such events. Due regard shall be had to relevant guidance and publications including, for example: HSE approved code of practice for events.
6 Prevention of Public Nuisance
The following details and measures are intended to address the need for the prevention of public nuisance which may be associated with licensed premises and certificated club
premises:
6.1.1 In determining applications for new and varied licences, regard will be had to the
location of premises, the type and construction of the building and the likelihood of
nuisance and disturbance to the amenity of nearby residents by reason of noise
from within the premises, as a result of people entering or leaving the premises or
from individuals or groups of customers gathered outside (eg in order to smoke).
6.1.2 Applications for new licences or for the extension in size of licensed premises
should not normally be granted if the premises will use amplified or live music and
operate within or abutting premises containing residential accommodation except
that occupied by staff of the licensed premises. A condition may be imposed on new
licences that entertainment noise shall be inaudible in any residence. Noise
emanating from within licensed premises should not normally be audible outside.
6.1.3 Installation of sound limiting equipment and sound insulation may be required to
minimise disturbance to the amenity of nearby residents by reason of noise from the
licensed premises.
6.1.5 In determining applications for new licences or extensions in hours or terminal
hours of licensed premises, regard will be had to late night public transport
availability and location of taxi ranks to aid dispersal of customers.
6.1.6 Reasonable controls are available to all premises operators to minimise the impact of noise from customers outside. The council’s Environmental Health Department has issued guidance on a number of steps that can be taken in this respect which are endorsed by this policy (see 6.2 below).
6.2.1 Premises licence holders will be expected to:
· Develop a management plan on how to manage smoking on your premises and ensure that all staff are aware of the contents of this plan, and that it is effectively implemented. Noise from people smoking and talking can be intermittent, vary in character and volume and be intrusive. An effective smoking management plan will help prevent neighbours being disturbed.
· Comply with any planning conditions restricting the use of outdoor areas.
· Ensure that any structures used by smokers comply with the design criteria detailed in the Heath Act 2006 and that any structures, awnings, retractable canopies, etc. have the relevant planning permission.
· Ensure any new lighting to outdoor areas must be designed so as not to cause a light nuisance to neighbours and again have the relevant planning permission and building control consent.
· Ensure that the conditions on the premises licence are complied with. There may be conditions restricting the hours of use of gardens and outdoor areas. Having reviewed the contents of the premises licence you may find it necessary to request a variation of your licence.
· Licence tables and chairs on the Public Highway under the provisions of the Highways Act 1980. These licences may have conditions restricting the times that the area can be used.
· Ensure drinks, glasses and bottles are not taken onto the highway unless there is a tables and chairs licence permitting use. A system should be adopted to prevent theft and ‘spiking’ of drinks and reminding customers not to leave unattended items.
· Discourage smokers remaining in gardens and outdoor areas and determine terminal hours.
· Discourage smokers remaining outside by removing/disabling tables and chairs or prohibiting their use after a certain time. Lights and heaters will also be turned off.
· Introduce a system that after a certain time the number of smokers outside are restricted to a maximum number. Staff will be needed to manage this restriction.
· Employ staff and/or SIA registered door supervisors to manage doors and control customers and smokers entering and leaving the premises. Staff positioned on the doors can help to encourage customers not to cause a noise problem. It may be that staff are required to manage doors after a certain time, particularly during the hours when neighbouring residents are trying to sleep.
· Ensure door supervisors maintain order outside venues and protect customer safety. BCRP supports the use of Night Safe. Radio net and other pager systems and pub watch schemes can be used to provide for rapid police response and alert other venues where customers and staff are endangered.
· Position signs to remind customers that the premises is in an area where people live. It is not always obvious in busy commercial streets with flats above. By changing the design and wording of signs customers do not forget. Signs can be located in and outside the premises and on tables.
· Use CCTV to manage outside areas.
6.2.2 Licensed premises should normally display prominent, legible signs at exits reminding customers to leave in a quiet, peaceful, orderly manner.
7 Protection of Children from Harm
The following details and measures are intended to address the need for the protection of children from harm; this includes emotional and physical harm which may be associated with licensed premises and certificated club premises (for example the exposure too early to strong language and sexual expletives, eg in the context of film exhibitions or where adult entertainment is provided). It is intended that the admission of children to premises holding a premises licence or club premises certificate should normally be freely allowed without restricting conditions (unless the 2003 Act itself imposes such conditions or there are good reasons to restrict entry or to exclude children completely).
7.1.1 Licensees should note the concern of the authority that drink related disorder
frequently involves under 18’s. To prevent illegal purchases of alcohol by such
persons, all licensees should work with a suitable ‘proof of age’ scheme and ensure
that appropriate identification is requested prior to entry and when requesting
alcohol, where appropriate. Appropriate forms of identification are currently
considered to be those recommended by police, trading standards officers and their
partners in the Licensing Strategy Group (eg passport, photo driving licence or pass
card).
7.1.2 It is the licensing authority’s expectation that all staff responsible for the sale of
intoxicating liquor receive information and advice on the licensing laws relating to
children and young persons in licensed premises. Licensed premises staff are
required to take reasonable steps to prevent under age sales. The licensing
authority will not seek to limit the access of children to any premises unless it is
necessary for the prevention of emotional or psychological harm to them. Each
application will be considered on its own merit but particular areas that will give rise
to concern in respect of children are to be found in section 7.1.4 below.
7.1.3 To reduce alcohol-induced problematic behaviour by under 18 year olds, to enforce underage purchase and drinking laws and to assist in the protection of children from harm, the licensing authority supports the following measures:-
a) Police should exercise powers (Confiscation of Alcohol (Young Persons) Act
1997) to remove alcohol from young people on the street
b) Police and trading standards should implement test purchasing to reduce
sales to under 18s in on and off sales licensed premises
c) Further take-up of proof of age schemes will be promoted
d) In-house, mystery shopper type schemes operated by local businesses will be
supported
e) Providers of events specifically catering for unaccompanied children should
consider whether all staff at such events need to be DBS checked
7.1.4 The licensing authority will not seek to require that access to any premises is given to children at all times – under normal circumstances this will be left to the
discretion of the licensee. The following areas give rise to concern in respect of
children, who will normally be excluded from premises:
• where there have been convictions for serving alcohol to minors or with a
reputation for underage drinking.
• with a known association with drug taking or dealing.
• where there is a strong element of gambling on the premises.
• where entertainment of an adult or sexual nature is commonly provided.
• where premises are used primarily or exclusively for the sale and consumption
of alcohol and there is little or no seating for patrons.
Options may include:
• limitations on the hours when children may be present.
• age limitations (below 18).
• limitations or exclusions when certain activities are taking place.
• requirements for an accompanying adult.
• full exclusion of people under 18.
7.1.5 Licensees of premises giving film exhibitions will be expected to include in their
operating schedules arrangements for restricting children from viewing age
restricted films. Such premises will be subject to a mandatory condition requiring
that access will be restricted to only those who meet the required age limit in
accordance with any certificate granted by the British Board of Film Classification,
or in specific cases where such certificates have not been granted, the licensing
authority. The licensing authority does not intend to adopt its own system of film
classification. The licensing authority’s procedures for dealing with unclassified films
are appended at Appendix C.
7.1.6 Where children are expected to attend a public entertainment, appropriate adult
supervision will be required to control the access and egress of children and to
protect them from harm. This will normally be an adult member of staff for every 100
children. Where the entertainment is music and dancing, 2 persons, licensed by the
Security Industry Authority (door supervisors) should be employed for every 100
children but will be subject to advice within the Event Safety Guide. Nothing in this
policy shall seek to override child supervision requirements contained in other
legislation or regulations. For exclusively under 18 events reference should be
made to police guidelines (available from the Police Licensing Unit, Brighton tel.
101). The licensing authority recognises the Director of Children’s Services as being
competent to advise on matters relating to the protection of children from harm.
Applicants shall copy their applications to the Director of Children’s Services in its
capacity as the responsible authority. Copies should be sent care of the Police.
The “What to do” booklet is a national one and can be accessed at:
www.brightonandhovelscb.org.uk/wp-content/uploads/What-to-do-if-a-child-isbeing-
abused.pdf
Probably also worth getting him to put in that if you are concerned about a child locally to contact the Multi-Agency Safeguarding Hub (MASH) on 01273 290400, or you can contact Sussex Police on 101. If they think a child is in immediate danger to dial 999.
7.1.7 Trading standards and the police undertake ongoing enforcement operations
around under-age sales and test purchasing. Sussex Police and BCRP undertake
work concerning proxy purchases and counterfeit ID as part of the partnership
support work with Community Safety and Trading Standards.
7.1.8 Trading standards have a programme of business support including training for
local businesses to avoid under-age sales.
8 Integration of Strategies
8.1.1 The licensing authority shall secure the proper integration of this policy with local
crime prevention, planning policy, transport, tourism and cultural strategies by:-
• Liaising and consulting with the Sussex Police, Community Safety Forum,
Sustainability Commission representatives and following the guidance in
community safety and crime and disorder strategy
• Liaising and consulting with Public and Alcohol Programme Board
• Liaising and consulting with the East Sussex Fire & Rescue Service
• Liaising and consulting with the Local Strategic Partnership, Safety Advisory
Group (Emergency Planning) and Equalities and Social Justice Consultation
Forum
• Liaising and consulting with the Planning authority
• Liaising and consulting with the Highways authority
• Liaising and consulting with local business and business associations. Having
regard to any future documents issued relating to the Private Security Industry
Act 2001, for example liaison or information sharing protocols
• Liaising and consulting with the Trading Standards Team, for example with
regard to test purchasing codes of practice
8.1.2 In line with statutory requirements and the council’s Inclusion Policy, the Licensing
Authority shall have due regard to the need to eliminate unlawful discrimination, and
to promote equality of opportunity and positive relations between persons of diverse
backgrounds, for example communities of interest such as: lesbian, gay, bisexual
and transgender people; disabled people; racial and ethnic groups; religious and
faith groups.
8.1.3 This policy supports the aims of the tourism strategy, recognising the benefits for
the tourism economy of creating a safer and more attractive city centre and
improving competitiveness with other European cities. The Licensing Committee
should receive any reports relevant to the needs of the local tourist economy and
the cultural strategy for the area to ensure that it considers these matters.
8.1.4 The Licensing Committee should receive relevant information relating to the
employment situation of the area and the need for new investment and employment
where appropriate.
8.1.5 Specific conditions may be attached to premises licences to reflect local crime
prevention strategies. Such conditions may include the use of closed circuit
television cameras, use of the NightSafe radio system or accredited scheme, the
provision and use of shatterproof drinking receptacles, drugs and weapons search
policy, the use of registered door supervisors, specialised lighting requirements,
hours of opening. Certificates issued to club premises shall reflect local crime
prevention strategies and may include any or all of the requirements listed above.
8.1.6 The licensing authority will have regard to the need to disperse people quickly and
safely from the city centre to avoid concentrations which may produce disorder and
disturbance.
5. FINANCIAL & OTHER IMPLICATIONS:
Financial Implications:
5.1 The licensing Act 2003 provides for fees to be payable to the licensing authority in respect of the discharge of their functions. The fee levels are set centrally at a level to allow licensing authorities to fully recover the costs of administration, inspection and enforcement of the regime.
Finance Officer Consulted Michael Bentley Date: 13/01/22
Legal Implications:
5.2 The licensing authority must act to promote the four licensing objectives which are:
· The prevention of crime and disorder
· Public safety
· The prevention of public nuisance
· The protection of children from harm
The licensing authority must have regard to its statement of licensing policy and the guidance issued by the Secretary of State in carrying out its functions.
Lawyer Consulted: Rebecca Sidell Date: 13/01/22
Equalities Implications:
5.3 Diversity is valued and strong, safe communities are vital to future prosperity. Licensing policy aims to protect children from harm including sale and supply of alcohol to children.
Sustainability Implications:
5.4 Licensing policy aims to prevent public nuisance and develop culture of live music, dancing and theatre.
SUPPORTING DOCUMENTATION
Appendices:
1. Appendix A – Section 18 of the Application – Licensing Objectives
2. Appendix B – Plan of Premises
3. Appendix C – Representations and agreement
4. Appendix D – Map of area
Documents in Members’ Rooms
Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2021.
Home Office, Revised Guidance issued under section 182 of the Licensing Act 2003, April 2018.
Public Health Framework for assessing Alcohol Licensing. Annual Report – Ward. 5th edition. Public Health Intelligence. January 2019
Background Documents
Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2021.