Alcohol and entertainment licensing policy statement

4.1 The powers of the Licensing Authority under the Act may be carried out by the Licensing Committee, by the Licensing Sub-Committee or, by one or more officers acting under delegated authority. Many of the Licensing Authority’s functions are largely administrative so in the interests of efficiency and effectiveness these are, for the most part be carried out by officers.

4.2 Applications where there are relevant representations, usually objections, will be dealt with by the Council’s Licensing Sub-Committee, as will any application for review of a licence. Applications where all relevant representations have been withdrawn at least 24 hours before the Licensing Sub-Committee hearing will usually be dealt with by officers.

4.3 In making licensing decisions, the Licensing Authority will have regard to its duties under the following legislation:

a) Section 17 of the Crime and Disorder Act 1998, which requires the Licensing Authority to exercise its functions with due regard to the likely effect of its decisions on crime and disorder and the misuse of drugs, alcohol and other substances.

b) The Equality Act 2010, which obliges public authorities to have due regard to the need to eliminate unlawful discrimination, harassment and victimisation; to advance equality of opportunity; and to foster good relations, between persons with different protected characteristics. The protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

The Human Rights Act 1998, which requires authorities to take into account the rights of individuals to respect for their private and family life (Article 8), a right to a fair trial/hearing (Article 6) and to protection of their property (Article 1, Protocol 1). Any interference with such rights should be proportionate

4.4 The Licensing Authority will expect individual applicants to address the licensing objectives in their application operating schedule having regard to the type of premises, the licensable activities to be provided, the operational procedures and the nature of the location.

4.5 Applicants should be conversant with the Council’s Policy and in particular the issues that will need to be addressed in formulating the operating schedule.

4.6 Applicants are also expected to demonstrate in their operating schedule that they have researched and understand the local environment and the risks to the licensing objectives which their operation may pose, as well as local initiatives such as crime reduction or pubwatch schemes. The proposals in the operative schedule should not be standardised but should reflect the specific circumstances of the application. Applicants may benefit by speaking to responsible authorities, and in particular the police and the Council’s environmental health service, when preparing their operating schedule. If they do not, it is more likely that representations will be made, leading to hearings and the expenditure of time and costs which could otherwise have been avoided.

4.7 Accompanying plans are required to comply with the regulations relating to applications for premises licences. In addition, applicants are requested to indicate on the plan provided to the Licensing Authority the proposed locations for the display and storage of any alcohol, the locations where sales/and/or consumption will take place (i.e. bars / tills / stock rooms / outside areas), the location of dance floors and the location of food service areas. Applicants are also encouraged to show the location of smoking areas. The locations of such activities on approved plans should not be amended without prior approval of the Licensing Authority.

4.8 Where the sale of alcohol is proposed on licensed premises, every sale must be made or authorised by a person who holds a personal licence, and there must also be a Designated Premises Supervisor (DPS) named on the licence who is the holder of a personal licence. In order to avoid disruption to business during absence of the DPS the Licensing Authority recommends that a minimum of one additional member of staff should hold a personal licence. If sales are to be made by persons who are not holders of personal licences, it is strongly recommended that such persons be trained to the standards required of personal licence holders, that records of such training be retained and that the DPS provides written authorisations to such persons.

4.9 For community premises, an alternative licence condition may be applied for, so that the management committee for the premises acts in place of the designated premises supervisor and personal licence holders. Applicants are recommended to take advice or check with the Licensing Authority as to whether this exemption may apply in the circumstances of the case.

4.10 The Licensing Authority expects high standards of management from licensees. It will consider the track record of management, the experience of the management team in running sensitive or sensitively located premises, written management procedures and staff training. One important aspect of management is seniority and consistency. The Licensing Authority generally expects the DPS to be based at the premises and for the role to be his or her full time occupation. The DPS should be on duty during the busiest days (usually Thursdays to Saturdays) until the premises closes and in their absence should nominate a deputy, who should be a personal licence holder, in writing. When the DPS is not at the premises they should be easily contactable. Applicants are expected to take account of these factors in preparing their operating schedules. If they do not, they are more likely to receive relevant representations.

4.11 Applications need to be advertised in two ways to comply with the Act. Firstly, by displaying a notice prominently at or on the premises to which the application relates. The notice must be placed where it can be conveniently read from outside the premises, in the case of a premises covering an area more than fifty metres square, further notices must be placed every fifty metres along the external perimeter of the premises abutting (joining) any highway. Secondly, in a local newspaper, newsletter or similar circulating in the vicinity of the premises. The Licensing Authority is able to advise which local newspapers circulate in the Council’s area and if in doubt applicants are encouraged to check.

4.12 In addition to the public notice requirements under the Act, the Licensing Authority will notify local ward councillors and parish or town councils when a new or variation application is submitted in their area. The details of applications received by the Licensing Authority are also made publicly available via the Council’s online register.

4.13 When determining applications, the Licensing Authority will have regard to any Guidance issued by the Home Office. In particular, account will be taken of the need to encourage and promote live music, dancing and theatre for the wider cultural benefit of the community as a whole. If representations are made concerning the potential for disturbance in a particular neighbourhood, the Licensing Authority’s consideration will be balanced against the wider benefits to the community.

4.14 Prospective holders of new premises licences, and those seeking variations to existing premises licences, are advised to consult with the Council’s licensing officers and the various responsible authorities at the earliest possible stage. Licensing officers are able to offer advice about the most appropriate type of application. For example, new applicants may only require a TEN to meet their licensing needs rather than a full licence application. A planned variation may be considered significantly substantial that a new application is required or relatively minimal that a minor application would be more appropriate.

4.15 Any licence holder wishing to apply for a minor variation or to remove the DPS requirement for community premises is advised to contact the Council’s licensing services before making an application.

4.16 The Licensing Act 2003 allows licensable activities to be provided at premises for small scale events (for less than 500 people) on a limited number of occasions per year without the need for a licence. Instead the organiser is required to notify the Licensing Authority in advance by way of Temporary Event Notice (TEN) and the event can go ahead unless the Licensing Authority notifies intervenes. The Licensing Authority will only intervene if an objection is made by the police or the Council’s environmental health service or the legal limits have been exceeded. Objections, or representations, must be made on the basis that the event would undermine one or more of the licensing objectives. If they do, then the Licensing Authority is obliged to make a decision whether to allow the event to go ahead. The Licensing Authority may also attach conditions if the TEN takes place at a licensed premises. proceed, and also to permit the event to proceed with conditions.

4.17 It is important to note that the Licensing Authority is not allowed to take into account objections from parties other than the police or the Council’s environmental health service. The Licensing Authority recommends that any party with concerns about an event taking place under a TEN contact the police or environmental health service.

4.18 Applicants should be aware that the limit of 499 persons applies to the number of people present at any one time and the number includes staff engaged in the event. Failure to comply with this limit may lead to enforcement action. Organisers are recommended, where appropriate, to employ means of recording the number of persons entering and leaving the premises.

4.19 Although the Act requires organisers to usually give a minimum of 10 working days’ notice (not including the day of delivery of the notice or the day of the event) of qualifying temporary events, the Licensing Authority recommends that between three and six months’ notice be given. This will allow the Licensing Authority to help organisers plan their events safely. Any longer period than this may mean that organisers do not have all the details available at the time of submitting the notice, and any lesser time means that planning may be rushed and insufficient.

4.20 The Act also permits the serving of “late” TENs, between five and nine days before the beginning of the event period. However, applicants should be aware that if any objection notice is given by the police or environmental health service, then the event may not proceed. It is therefore strongly in the interests of applicants to serve standard TENs within the timescales set out above.

4.21 The Council has established safety advisory groups, (SAGs), consisting of the emergency services and other statutory agencies such as the highways authority, to advise and co-ordinate planning for public events in the Council’s area, whether or not a premises licence or a temporary event notice is needed. More information regarding Buckinghamshire Council’s SAGs is available in the large events section of this Policy.

4.22 Organisers of temporary events are strongly advised to contact the Council’s licensing service for advice at the earliest opportunity when planning events. Where necessary, the advice of the SAGs can be obtained, or discussions held with the police to avoid any unnecessary objections being made that may arise from misunderstandings or confusion as to what is being proposed. Applicants intending to sell alcohol should be aware that it is an offence to supply alcohol to persons under 18 years of age or persons who are drunk.

4.23 It is a mandatory condition of a premises licence that all sales of alcohol are made or authorised by a holder of a personal licence.

4.24 Where applicants for personal licences have unspent criminal convictions for relevant offences set out in the Act, the Police have a discretion to object to their application, which will then be determined by the Licensing Authority. Applicants with such convictions are encouraged to first discuss their intended application with the police and council licensing officers before making the application.

4.25 It is recommended that the designated premises supervisor meet with the Licensing Authority and the police licensing officers as soon as practicable after taking up their duties, in order that the Licensing Authority’s approach to securing the licensing objectives can be understood by those responsible for licensed premises.

4.26 The Licensing Authority can only review a licence on specific application and where it is alleged that the licensing objectives are being breached. The Act allows for any person to apply for a review, including local residents and responsible authorities. Applications for a review of a premises licence which involve the issues outlined below(the list not being exhaustive) are viewed particularly seriously :

• Use of premises for the sale and distribution of Class A drugs and the laundering of the proceeds of drugs crime.
• Use of premises for the sale and distribution of illegal firearms.
• Evasion of copyright in respect of pirated or unlicensed films and music.
• Illegal purchase and consumption of alcohol by minors.
• Prostitution or the sale of unlawful pornography.
• Use of premises by organised groups of paedophiles to groom children.
• Use of premises as the base for the organisation of criminal activity, particularly by gangs.
• Use of premises for the organisation, promotion or carrying out of racist, homophobic or sexual offences or attacks.
• Knowingly employing a person who is unlawfully in the UK or who cannot lawfully be employed as a result of a condition on that person’s leave to enter.
• Use of premises for unlawful gambling.
• Use of premises for the sale of smuggled tobacco, alcohol or other goods.
• Use of premises for the sale of stolen goods.
• Use of premises for unlawful gaming.
• Where the police are frequently called to attend to incidents of disorder.
• Prolonged and/or repeated instances of public nuisance.
• Where serious risks to public safety have been identified and the management is unable or unwilling to correct those.
• Where serious risks to children have been identified.

4.27 One of the major principles underlying the Licensing Act 2003 is that the licensing functions contained within the Act should be delegated to an appropriate level so as to ensure speedy, efficient and cost effective service delivery.

4.28 The Council is committed to the principle of delegating its powers to ensure that these objectives are met and, subject to the formal approval of the Licensing Committee, has arranged for its licensing functions to be discharged in accordance with the Guidance issued by the Secretary of State. Appendix 3 shows the Licensing Authority’s scheme of delegation.

4.29 The Act generally requires applications to be granted unless an objection is raised. Where a function is delegated to officers they will be responsible for liaising between the applicant, other persons and the responsible authorities to ensure that any licence granted is subject to appropriate conditions. Where objections are made the licensing officer will once again liaise with the applicant, interested parties and the responsible authorities to see if a “settlement” can be achieved to overcome the objections and, if possible, without the need for the matter to go before the Sub Committee.

4.30 The Licensing Authority is a responsible authority which means that the Licensing Authority can instigate reviews and make representations on applications for new licences and variations of existing licences. The Licensing Authority will make representations or call a review of a licence where it is appropriate to do so. It generally will not act as a responsible authority on behalf of other parties. Where the Licensing Authority exercises its right to make representations or instigate reviews of licences it will ensure a separation of responsibilities within the authority to ensure procedural fairness and eliminate conflicts of interest. The officer advising the Licensing Sub-Committee will be different from the officer acting for the responsible authority.

4.31 In hearing contested licence applications, the Licensing Sub-Committee will try to keep the proceedings as informal as possible. However, some degree of formality is needed to ensure that all parties receive a fair hearing. The procedure for hearings is designed to ensure that all parties are able to express their views, openly and fairly. Applicants, other persons, and responsible authorities are entitled to be legally represented with them if they wish, this is by no means a requirement.

4.32 In the Licensing Authority’s experience, it is important that the DPS or someone else with day to day knowledge and experience of running the premises attends the hearing to facilitate a meaningful discussion of the issues and concerns raised by any responsible authority or other party. Accordingly, the Licensing Authority will normally expect this person to attend any hearing.

4.33 The Licensing Committee consists of a maximum of 15 Councillors that will sit at least twice per year.

4.34 A licensing sub-committee of at least three Councillors from the Licensing Committee will sit to hear every application where relevant maintained representations have been received from responsible authorities and/or other persons.

4.35 The Chairman of the Licensing Committee shall be elected by the Licensing Committee at the annual meeting of The Council. The Chairman of the Licensing Sub-Committee shall on each occasion be elected at the meeting of the Licensing Sub-Committee.

4.36 Every decision by a licensing sub-committee shall be accompanied with clear reasons for the decision. This shall be given to the parties in writing in accordance with the hearing regulations.

4.37 The Licensing Authority’s licensing officers will deal with all other licence applications where no representations have been received or generally where all representations have been withdrawn at least 24 hours prior to the relevant hearing date.

4.38 Council officers will make the decisions on whether representations or applications for licence reviews should be referred to the sub-committee. Where representations or application for licence reviews are rejected, officers will give a written reason as to why that is the case.

4.39 Officers will be responsible for drafting appropriate conditions for premises licences and club premises certificates when the sub-committee is satisfied that it is appropriate and proportionate to impose such conditions.

4.40 The Licensing Authority will ensure that members and officers are appropriately trained to carry out their duties under the Act.

4.41 In exercising its enforcement powers, the Licensing Authority will have regard to the Legislative and Regulatory Reform Act 2006, the Regulators Code (Office for Product Safety and Standards) and Buckinghamshire Council’s Enforcement Policy. The Council’s aim is to undertake its regulatory and enforcement role in an impartial, open, and consistent manner. This is achieved through education, mediation, advice, inspections, monitoring, and by regulating the activities of individuals and business as necessary.

4.42 Compliance is secured through informal and formal routes and, if necessary, through the courts via a prosecution.

4.43 The Licensing Authority will work to ensure compliance with the law by:

• Helping and encouraging businesses and individuals to understand their responsibilities by providing the necessary advice and guidance to allow them to comply with the law.
• Responding proportionately and fairly to breaches of the law.
• Ensure that resources and regulatory activities are appropriately targeted to where they will have the greatest impact taking into account the associated risks.

4.44 Regulatory activities will be carried out in a way which is transparent, accountable, proportionate and consistent and targeted only at cases in which action is needed such as when there is a risk of harm to the licensing objectives.

4.45 This can be summarised as follows:

• Providing sufficient explanation in plain English what is expected and differentiating between legal requirements and recommendations.
• Confirming verbal advice in writing if we requested.
• Signposting to sources of additional support and advice.
• Officers will act in a fair and efficient manner and record any enforcement actions taken.
• In the event of formal action, advise of any applicable appeal’s procedures.
• Keep complainants informed of progress in any investigation.
• Ensure officers can interpret and apply legal requirements and enforcement policies fairly and consistently.
• Target efforts by taking risk assessment approach.
• Ensure sanctions and penalties are proportionate, directed at change of behaviour and deter non-compliance.

4.46 A graduated response will be taken where offences against licensing legislation are found or where licence conditions have been contravened. An isolated administrative offence – such as failing to maintain certain records – may be dealt with purely by way of a written warning whilst more serious offences which have either been committed over a period of time or which jeopardise public safety – such as failing to maintain emergency exits – may result in a referral for prosecution.

4.47 The Licensing Authority will seek to work with all the responsible authorities, the police, trading standards and environmental health service in particular, in enforcing licensing legislation. An Information Sharing Protocol (ISP) is in place to facilitate the exchange of information between Thames Valley Police, Buckinghamshire Council and other agencies with the primary purpose of:

• Prevention or detection of crime, disorder and anti-social behaviour
• Protection and safeguarding of vulnerable people
• Enhance and maintain public safety

The Licensing Authority expects the police to share information about licensees and licensed premises under the Crime and Disorder Act 1998 and its common law powers, and to consult closely with the Licensing Authority when any enforcement action may be required.

4.48 The Licensing Authority’s approach is multi-targeted and depending on the facts and circumstances will be directed at the appropriate person(s), such as directors, partners, companies, DPS, serving staff, customers, under age purchasers, or proxy purchasers.

4.49 In exercising its enforcement functions, the Licensing Authority will adopt a multi-functional approach and consider the range of enforcement and regulatory tools available such as prosecution, simple caution, injunction, review, closure, closure notices or other remedies. The purpose of enforcement is to achieve compliance and not to punish the person enforced against, although there may be cases where a deterrent approach is called for.

4.50 The Licensing Authority will investigate complaints against licensed premises where the complaint arises from a breach of conditions or an offence under the Licensing Act 2003. The investigation will be conducted according to the circumstances and nature of the complaint. In the first instance, complainants may be encouraged to raise the complaint directly with the licensee or business concerned. Where this is not practical or appropriate, generally in the first instance licensees will be put on notice that a complaint has been made and asked to offer an explanation. The complainant may also be provided with diary sheets and asked to log the details for a period of one month. The results of these actions will shape any subsequent investigation.

4.51 Where another person (such as a local resident or a resident’s association or local business) has made a complaint about premises, whether informally or by way of representation or during review proceedings, then if it is appropriate the Licensing Authority may initially arrange a voluntary mediation meeting between the complainant and the premises concerned to address, clarify and try to resolve the issues of concern.

4.52 The inspection of premises is carried out on a risk-based approach, with the promotion of the licensing objectives being the key objective. Factors determining the level of risk are the nature of licensable activities, the hours and location of operation, the history of compliance and the extent to which it has been appropriate previously to attach conditions to the licence in order to promote the licensing objectives. In addition, in order to further promote the licensing objectives, the licensing service will endeavour to inspect all newly licensed premises and those with recent licence variations to encourage compliance from an early stage.

4.53 Multi-agency visits involving officers from the Licensing Authority and various responsible authorities are routinely carried out. The greatest benefit is derived from doing these when the businesses concerned are actually operating. Given the higher density of licensed premises in the town centre areas and the increased likelihood of disorder and disturbance, these premises are more likely to receive particular attention. Targeted visits and checks will also be carried out on specific premises based on intelligence that suggests there is a risk to the promotion of the licensing objectives.

4.54 Inspections of premises may also arise from complaints, to investigate an unauthorised activity or in relation to a pending application.