BOROUGH OF POOLE

ENVIRONMENT OVERVIEW GROUP

2nd DECEMBER 2004

REPORT OF hEAD OF eNVIRONMENTAL AND CONSUMER PROTECTION SERVICES

ON STATEMENT OF LICENSING POLICY

1.INTRODUCTION

1.1The Licensing Act 2003 requires that full council approves a Statement of licensing policy before the 7th January 2005.

2.DECISIONS REQUIRED

2.1Following the consideration of the draft policy (appendix 1) by full Council on the 21st September, full consultation was undertaken. The statement of licensing policy (appendix 2) is now presented for consideration by Environment Overview Group and a recommendation to full Council to approve the policy, or not, is required.

3.BACKGROUND/INFORMATION

3.1 Section 5 of the Licensing Act 2003 requires each authority to prepare and publish a statement of licensing policy.

3.2 The policy has been developed by a cross party member group and officers from Environmental and Consumer Protection, Legal and Democratic Services.

3.3 Following the completion of consultation, members and officers considered the 19 detailed responses received and have incorporated the necessary amendments within the Policy. The schedule of consultation responses is attached at appendix 3.

4. OTHER SUPPORTING INFORMATION

4.1 The fee levels under the legislation have not yet been confirmed by government. On the 10th November the government issued a further consultation paper with regard to fees. The authority has responded to the consultation expressing the concern that the proposed fees are insufficient to cover the costs of implementing this far reaching legislation. The response has been submitted via the LGA in consultation with the Portfolio Holder for Environment.

  1. CONCLUSION
  2. The statement of licensing policy will form the foundation for the authorities delivery of the Licensing Act 2003. The policy must be reviewed after 3 years, however the policy must be kept under review and the authority may make revisions to it as it considers appropriate.

PETER PAWLOWSKI

Head of Environmental and Consumer Protection

BACKGROUND PAPERS

Draft statement of licensing policy

Schedule of response to consultation

Contact Officer:SHAUN ROBSON

Telephone No:01202 261736

Date:

Report Ref: xxxxxxxxx (your file name for this report)

BOROUGH OF POOLE

DRAFT STATEMENT OF LICENSING POLICY

CONTENTS

  1. Introduction
  1. Background
  1. Consultation
  1. Rules of Procedure
  1. Integration of Community Strategies

5.1General

5.2Planning

5.3Tourism/Cultural/Regional Employment

5.4Duplication

  1. Policies Relating To Premises

6.1Required Notices

6.2Mediating Period/Requirement of Hearings

6.3Receipt of Representations

6.4Premises: General Decision Making Considerations

6.5Cumulative Impact of Premises

6.6Attaching Conditions to Licences/Model Pool of Conditions

6.7Misuse of Illegal Substances/Safer Clubbing Publication

6.8Licensing Hours

6.9Children’s Access to Licensed Premises

6.10Enforcement

  1. Policies relating to Personal Licences and Designated Premises Supervisors

7.1 Personal Licences

7.2Designated Premises Supervisors

  1. Policies relating to Temporary Event Notices
  1. Policies relating to Club Premises Certificates

Appendices

Appendix 1 – Table of Delegation of Licensing Function

Appendix 2 – Licensing Act 2003 – terminology

Appendix 3 – The Prevention of Crime and Disorder

Appendix 4 – Public Safety

Appendix 5 – Prevention of Public Nuisance

Appendix 6 – Protection of Children from Harm

BOROUGH OF POOLE

DRAFT STATEMENT OF LICENSING POLICY

1.INTRODUCTION

Poole is located centrally along the south coast with a natural harbour and fine beaches but is predominantly urban in character with an area of 29 square miles. The population is 137,900. This is expected to rise to 146,359 in 2011. The county of Dorset, that geographically includes Poole, has a population of 394,600. Demographically Poole has an age structure closer to the national average than Dorset as a whole. However, Poole’s population is an ageing one, with the 2001 Census showing a larger percentage increase in the numbers of older people than numbers of dependent children since the last Census in 1991.

Poole is an area of sharp contrasts and rapid change. This creates tensions and issues which the Council faces and which determine its agenda and strategy.

The use and clientele of existing premises vary considerably. Different premises within the same vicinity appeal to different markets.

In view of the above, the Council will not make any predetermined presumptions about licensed premises and their associated applications based on the area in which they are based. Even if special policies are made relating to specific concerns within an area, this will not prevent the Council from considering all applications on their own merits.

This Statement of Licensing Policy will assist applicants, Members of the Licensing Committee, and persons making representations, in the consideration of the relevant issues regarding applications, and ensuring they are dealt with fairly in line with the law.

This Policy also affords Members of the Licensing Committee and officers alike, to take into account the concerns of the public, and other recognised bodies, and to take appropriate measures where the objectives of the Licensing Act 2003 are put in jeopardy after licences have been issued.

The Borough of Poole is the Licensing Authority (‘the Council’) under the Licensing Act 2003 and is responsible for granting Premises Licences, Club Premises Certificates, Temporary Events Notices and Personal Licences in its administrative area in respect of the sale and/or supply of alcohol and the provision of regulated entertainment and late night refreshment.

2.BACKGROUND

2.1The 2003 Act requires that the Council carries out its various licensing functions under the Act so as to promote the following four licensing objectives:-

  • The prevention of crime and disorder
  • Public safety
  • The prevention of public nuisance
  • The protection of children from harm
  • The Licensing Act 2003 defines Licensable Activities as
  • The sale of alcohol by retail
  • Supply of alcohol by or on behalf of a club, or on the order of a member of a club
  • Provision of regulated entertainment as defined in Schedule 1 of the Act, including:

• A performance of a play

• An exhibition of a film

• An indoor sporting event

• Boxing or wrestling entertainment

• A performance of live music

• Any playing of recorded music

• A performance of dance

• Provision of facilities for making music

• Provision of facilities for dancing

  • Provision of late night refreshment.

2.1.2Four fundamental principles underpin the 2003 Act:

(i)Applicants for premises licenses or for major variations of such licenses are expected to conduct a thorough risk assessment with regard to the licensing objectives when preparing their applications

(ii)Operating schedules should be reviewed by professional bodies expert in the areas concerned.

(iii)Local residents are free to raise reasonable and relevant representations about the proposals.

(iv)The role of licensing authority is primarily to regulate the carrying on of the licensable activity when specific interests in those activities conflict. When considering applications, it is expected that licensing authorities will seek to uphold these principles.

2.2The 2003 Act further requires that the Council publish a ‘Statement of Licensing Policy’ that sets out the policies the Council will generally apply to promote the licensing objectives when making decisions on applications made under the Act.

2.3This ‘Statement of Licensing Policy’ has been prepared in accordance with and is subject to the provisions of the 2003 Act and the Guidance issued under Section 182 of the Act.

3.CONSULTATION

3.1There are a number of groups who have a stake in the leisure industry, including providers, customers, residents and enforcement agencies, all who have views and concerns that require consideration as part of the licensing function.

3.2Before publishing this Policy Statement, the Council has consulted with and taken into account comments received from the following organisations and others, not listed, but who have made individual requests to be consulted :-

  • Individual current licensees
  • Dorset Police;
  • Dorset Fire and Rescue Services;
  • Poole and District Licensing Victuallers Association;
  • Poole and District Chamber of Trade;
  • The Association of Licensed Multiple Retailers;
  • Retail Groups with premises holding full on-licences (Breweries etc);
  • Poole Chamber of Commerce;
  • Federation of Small Businesses (Wessex Region);
  • British Institute of Innkeeping;
  • Musicians Union;
  • Related Service Units within Borough of Poole;
  • Licensing Justices;
  • Crime and Disorder Reduction Partnership.

3.3Proper weight has been given to the views of all the persons/bodies consulted before this Policy Statement took effect on ------, and it will remain in force for a period of not more than 3 years and will be subject to review and further consultation prior to ------.

3.4An internal consultation protocol has been approved by the Council to achieve consistency in its handling of representations from Council officer in relation to both the Statement of Licensing Policy and applications under the Act. This protocol can be viewed by any person upon request.

3.5The impact of the implementation of the Licensing Act 2003, and the Council’s policies in that respect, will be monitored by the Council’s Licensing Section, including feedback from Community Groups, and reported to the Council to consider the need for changes.

4.RULES OF PROCEDURE

The Council has published separate guidance on the procedures to be followed by applicants and objectors. These are called the ‘Rules of Procedure’ and should be read in conjunction with this Statement of Licensing Policy.

5.INTEGRATION OF COMMUNITY POLICIES

5.1GENERAL

5.1.1The role of the Council as licensing authority is to maintain a balance between the needs of the licensing, entertainment and food industry and the needs of residents and other users of the District including businesses, workers, shoppers and visitors.

5.1.2The Council has a duty to do all that it reasonably can to prevent crime and disorder in the area, under Section 17 of the Crime and Disorder Act 1998. The Council has paid special attention to this in formulating its policies.

5.1.3The Council has formulated its licensing policy having regard to Poole’s Crime and Disorder Strategy 2002-2005. In particular attention will be given to priorities of the strategy which in the opinion of the licensing authority relate directly to the consumption of alcohol and in addition;

  • Tackling crime
  • Tackling anti-social behaviour
  • Drug, alcohol and solvent misuse
  • Violent crime, intimidation, graffiti and criminal damage
  • Vehicle crime

5.1.4The Human Rights Act 1998 incorporates the European Convention on Human Rights and this makes it illegal for a Local Authority to act in a way that is incompatible with any Convention right. In particular attention will be drawn to the following articles:

Article 6 – in the determination of civil rights and obligations everyone is entitled to a fair and pubic hearing within a reasonable time and by an independent and impartial tribunal established by law.

Article 8 – everyone has the right to respect for privacy and family life, without interference by a public authority except in accordance with the law.

Article 1 of the First Protocol – everyone is entitled to the peaceful enjoyment of possessions, including a licence.

At the same time, the Council respects the rights of commercial landowners to operate their premises without unnecessary restraint. This Statement of Licensing Policy is intended to reflect a balance between those rights.

5.1.5The Council will continue to liaise with local police units and to inspect licensed premises jointly on a regular basis. This partnership approach is intended to maximise the potential for controlling crime and disorder at licensed premises and to ensure compliance with relevant licensing conditions.

5.1.6 The Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000 obliges the Council to do all it can to eliminate unlawful discrimination, and to promote equality of opportunity. The Council has adopted a Race Equality Scheme and due regard shall be given to that policy whilst undertaking the licensing function.

5.2PLANNING

5.2.1The Council recognises the need to provide for a proper separation of the planning and licensing regimes to avoid duplication and inefficiency. Licensing applications will not be a re-run of the planning application and shall not cut across decisions made by the local authority Planning Committee or following appeals against decisions taken by that committee. The obtaining of planning permission does not presume the granting of a licence by the Licensing Committee.

5.2.2 Proper integration with Planning will be assured by the Licensing Committee providing regular reports to the Planning Committee on the situation regarding licensed premises in the area, including the general impact of alcohol related crime disorder. This will enable the Planning Committee to have regard to such matters when taking its decisions and avoid any unnecessary overlap. However the granting of a licence by the Licensing committee does not presume the granting of planning permission.

5.3ECONOMY/CULTURAL/EMPLOYMENT/TRANSPORT

5.3.1Arrangements will be made for the Licensing Committee to receive reports on the following matters to ensure these are reflected in their decisions :-

  • The needs of the local economy and cultural strategy for the district, and,
  • The employment situation in the District and the need for investment and employment where appropriate.
  • The steps taken to disperse people on departure from the locality of licensed premises swiftly and safely to avoid concentrations, which produce disorder and disturbance.

5.3.2In its role of implementing local authority cultural strategies, the Council recognises the need to encourage and promote live music, dance and theatre for the wider cultural benefit of the community

5.4DUPLICATION

5.4.1The Council recognises the need to avoid so far as possible duplication with other regulatory regimes.

5.4.2However, some regulations do not cover the unique circumstances of some entertainment and the Council will consider attaching conditions to premises licences and club premises certificates where these are necessary for the promotion of the licensing objectives and not already provided for in any other legislation.

6.POLICIES RELATING TO PREMISES

6.1APPLICATIONS

6.1.1An application for a premises licence must be made in the prescribed form to the relevant licensing authority and be copied to each of the appropriate responsible authorities. The Rules of Procedure list the matters that the Council would expect applicants to demonstrate that they have considered as part of the Operating Plan for their premises, if the Licensing Objectives are to be met.

6.1.2The Council may also consult other stakeholders on applications as interested parties representing residents and businesses interests within the Council’s area to ensure proper integration of licensing with other key community strategies. Some examples of these are:-

Strategic Planning Officer - Planning, Transport

Community Safety Officer- Crime Prevention

Tourism Officer - Tourism & Cultural Strategies

Area Child Protection Committee- Protection of Children

Town Centre Manager- Crime prevention &economy

Economic Development - Economic Development Services

Culture and Community- Cultural strategies

6.1.3The Council reserves the right to require all those matters listed in the Rules of Procedure, as well as any other matters it considers relevant, to be addressed in the Premises Operating Plans before accepting an application as received.

6.1.4If a person intends to submit an application for a temporary nature but which does not fall within the terms of paragraph 8.1.2 of this Policy Statement, and therefore requires a premises licence, the Council expects the prospective applicant to contact the Licensing Section to discuss the requirements of the Operating Plan before submitting an application.

6.1.5Failure to comply with paragraph 6.1.4 above could result in more information being required before the Council formally accepts the application.

6.2MEDIATING /REQUIREMENT OF HEARINGS

6.2.1If the Council receives representations on an application the appropriate officer of the Council shall first mediate between the applicant and each person making representations with a view to taking steps to ensure the licensing objectives are met without the requirement of a hearing.

6.2.2 The Council shall retain the discretion to deem objections remaining after the mediation stage as irrelevant, frivolous or vexatious (see 6.3.1), particularly if a common census of compromise is reached with the majority of objectors, which appear to address the licensing objectives.

6.2.3When, during the ‘mediating period’ all parties agree that a hearing is not necessary, the appropriate officer may issue the licence subject to the agreed alterations to the terms and conditions.

6.2.4Alteration of the terms and conditions of the licence may be required by a responsible authority such as the Police, Fire and Health authorities recommend improvements to the premises to meet the licensing objectives.

6.2.5When during the ‘mediating period’ a suitable compromise cannot be reached with any persons making relevant representation, the appropriate officer shall arrange for a hearing of the Licensing Sub-Committee to make a decision on the application.

6.3RECEIPT OF REPRESENTATIONS

6.3.1 The Head of Consumer Protection Services may disregard any representations submitted on an application if it is considered to be irrelevant, frivolous or vexatious.

6.3.2 When a representation is considered to be irrelevant, frivolous or vexatious, the Head of Consumer Protection Services shall give notice to the person who made them of the reasons for that decision.

6.3.3However, any elected Member of the Council (The Licensing Authority) may, after consultation with the Licensing Manager, bring the Licensing Manager’s decision before the Licensing Sub- Committee who will decide whether the representation is valid and therefore justifying a hearing.

6.3.4The Council recognises the right of ‘responsible authorities’ to be consulted and to submit representations about applications for premises licences or major variations of such licences, or ask for a review of a premises licence. All responsible authorities will be notified of all applications pertaining to premises licence.

6.3.5 The Council recognises the right of ‘interested parties’ to submit representations about applications for premises licences or major variations of such licences, or ask for a review of a premises licence.

6.3.6 Whilst the Council recognises the importance of the right of ‘responsible authorities’ and ‘interested parties’ to request reviews of premises licences, the Council would expect a reasonable interval between hearings for the same premises, and unless exceptional and compelling circumstances existed, would not hold a repeat hearing within 12 months, unless it followed a Closure Order.

6.3.7 The Council will take account of the aims of this policy, and non-compliance with other statutory requirements on receipt of representations.

6.3.8Representations may also demonstrate that the premises are unsuitable and/or the operation of the premises is deficient.