1.0 Introduction

1.1 Under the Licensing Act 2003, Rochford District Council is the Licensing Authority for the Rochford District and, in respect of the sale and/or supply of alcohol and the provision of regulated entertainment and late night refreshment, is responsible for granting premises licences, club premises certificates and personal licences and for administering the system of temporary events notices.

1.2 The Licensing Authority is required to discharge its licensing function through a committee of between 10 and 15 members - the Licensing Committee.

1.3 In this policy, bold type refers to matters that the Licensing Authority considers to be of particular importance for applicants to consider in preparing an application. Passages of text that are not in bold type are provided to assist applicants to understand what the Licensing Authority is seeking to achieve, the factors that influence the achievement of that outcome and the control measures that could be implemented by the applicant to achieve that outcome.

1.4 However, it should be recognised that this policy covers a wide variety of premises and activities carried on in them including theatres, cinemas, restaurants, pubs, nightclubs, private members' clubs, village halls and community centres, as well as off-licences and late night food premises and vehicles selling hot food or hot drink after 11p.m. For this reason, this policy cannot detail all the factors that influence the achievement of the licensing objectives nor can this policy detail all the control measures that may be appropriate.

The Licensing Objectives

1.5 The 2003 Act requires the Licensing Authority to carry out its various licensing functions so as to promote the four licensing objectives. These are:

1. the prevention of crime and disorder
2. public safety
3. the prevention of public nuisance
4. the protection of children from harm

1.6 Applicants should consider what measures are required to be implemented and maintained in respect of each of the four licensing objectives that are relevant to the individual style and characteristics of their premises and the types of licensable activities and events that are to be carried out in them. Where appropriate, applicants should consider whether or not any additional measures are required in respect of occasional or specific events that it is intended or are likely to attract larger audiences.

Statement of Licensing Policy

1.7 The 2003 Act requires the Licensing Authority to publish a 'Statement of Licensing Policy' for each 3 year period that sets out the policies the Licensing Authority will generally apply to promote the licensing objectives when making decisions on applications made under the Act.

1.8 This 'Statement of Licensing Policy' has been prepared in accordance with the provisions of the 2003 Act and having regard to the guidance issued under Section 182 of the Act. It has been drafted in partnership with the Essex Joint Licensing Officers' Forum, the Rochford Crime and Disorder Reduction Partnership and the Rochford Drug and Alcohol Reference Group. These partnerships provide links to the Essex Chief Executives' Association's Crime and Disorder Steering Group, who will maintain a strategic overview of issues associated with permissions issued under the Licensing Act 2003.

1.9 The 2003 Act further requires the Licensing Authority to monitor, review and, where appropriate, amend its Statement of Licensing Policy. The Licensing Authority will consult with those groups mentioned in paragraph 1.13 below prior to amending any part of the policy and in preparing its Statement of Licensing Policy for each future 3-year period.

1.10 This 'Statement of Licensing Policy' was reviewed in June 2007 , circulated for consultation between 1 July 2007 and 30 September 2007 before being ratified by Full Council on (to be inserted) December 2007 . It has effect until January 6, 2011 .

Disclaimer

1.11 The advice and guidance contained in the appendices attached to this Statement of Licensing Policy is intended only to assist readers in consulting the policy and should not be interpreted as legal advice or as constituent of Rochford District Council's Statement of Licensing Policy. Readers are strongly advised to seek their own legal advice if they are unsure of the requirements of the Licensing Act 2003, or of the Guidance or Regulations issued under the Act.

Consultation

1.12 There are a number of groups who have a stake in the leisure industry, including providers, customers, residents and enforcers, all of whom have views and concerns that require consideration as part of the licensing function and promotion of the licensing objectives.

1.13 In developing this Policy Statement, the Licensing Authority consulted widely. The views of the Divisional Commander of South-eastern Police Division, Essex County Fire and Rescue Service, existing licence holders, businesses, voluntary groups and residents were taken into account. Due consideration was also given to the views of all those who responded to the consultation process.

Links to other Strategies

1.14 In preparing this statement of licensing policy, the Licensing Authority has taken into account other relevant strategic documents, e.g. the Council's Corporate Plan, the local Crime & Disorder Reduction Strategy, the Council's Cultural Strategy, its Local Development Plan and Economic Review Strategy to ensure proper co-ordination and integration of aims and actions. Review and amendment of these strategies will be considered for their impact on this statement of licensing policy.

1.15 Further, arrangements will be made for the Licensing Committee to receive reports, when appropriate, on the needs of local tourism to ensure that these are reflected in their considerations. The Licensing Committee will also be apprised of the local employment situation and the need for new investment and employment, where appropriate.

1.16 To ensure proper integration with the Council's planning policies, the Licensing Committee, when appropriate, will provide reports to the Executive Board on the situation regarding licensed premises in the area, including the general impact of alcohol-related crime and disorder, to inform policy making and so enable the Development Control Committee to have regard to such matters when making its decisions.

1.17 The Licensing Authority recognises its responsibilities under the Race Relations Act, 1976, as amended. The impact of this policy on those matters will be monitored through the Council's Race Equality Scheme.

Regulated Entertainment

1.18 Having regard to the Council's Cultural Strategy and the International Covenant on Economic, Social and Cultural Rights (ICESCR), ratified in 1976, a diverse provision of cultural activities is welcomed for the benefit of communities.

1.19 The Licensing Authority will monitor the licensing of regulated entertainment, especially with regard to live music and dancing, theatrical performances, circuses, etc. to ensure that such events are promoted without unreasonable restrictions being imposed, which would discourage such events.

1.20 The Licensing Authority will need to balance the natural concern to prevent disturbance in neighbourhoods with the wider cultural benefits, particularly the cultural benefits for children.

1.21 Appendices A and B provide definitions of legal terms used within the Act and exemptions to the need for licensing.

Applications

1.22 When considering applications, the Licensing Authority will have regard to:

1. the Licensing Act 2003 and the licensing objectives,
2. guidance issued under Section 182 of the Licensing Act 2003,
3. any supporting regulations,
4. this Statement of Licensing Policy.

1.23 This does not, however, undermine the rights of any person to apply under the 2003 Act for a variety of permissions and have the application considered on its individual merits, nor does it override the right of any person to make representations on any application or seek a review of a licence or certificate where they are permitted to do so under the 2003 Act.

1.24 The Licensing Authority recognises that, in some circumstances, longer licensing hours for the sale of alcohol may help to avoid concentrations of customers leaving premises simultaneously and to reduce the potential for disorder. It also recognises that overly restrictive hours may inhibit the development of night-time economies that are important for investment, employment and tourism.

1.25 When determining applications before a Licensing Sub-Committee, the Authority will seek to balance those factors against their duty to promote the 4 licensing objectives and the rights of residents to peace and quiet.

1.26 When the Licensing Authority is considering any application, it will avoid duplication with other regulatory regimes, so far as possible, and does not intend to use the licensing regime to achieve outcomes that can be achieved by other legislation. In particular, the Council's licensing functions will be discharged separately from its functions as the local planning authority.

1.27 The Licensing Authority would normally expect that applications for premises licences for permanent commercial premises should be from businesses with planning consent for the property concerned. (Other permissions may be applicable to licensed premises and applicants are expected to ensure that such permissions are obtained where necessary.)

1.28 When one part of the Council seeks a premises licence from the Licensing Authority, the Licensing Committee and its officers will consider the matter from an entirely neutral standpoint. If relevant representations are made, e.g. by local residents or the police, they will be considered fairly by the Committee.

New & Varied Licences / Certificates

1.29 Where no licence or certificate exists in respect of premises, an application for a new licence or certificate must be made in order to carry out licensable activities.

1.30 An application to vary the existing licence or certificate should be made where the proposed variation is in respect of changes to the types of licensable activities that are to be undertaken and / or the hours those activities are to take place, or where structural changes are to be made to the premises.

1.31 Where the proposed variation to a licence or certificate is in respect of structural alterations, the application must always be accompanied by a plan of the proposed alterations in addition to the existing licence or certificate and the plan to which it relates.

1.32 There is little guidance available as to when a new licence should be applied for rather than a variation to an existing licence in respect of structural alterations. The Licensing Act 2003 does not allow an application to vary the licence to be made to vary substantially the premises to which it relates. This will be a matter of fact in each case and applicants are advised to discuss the matter with Officers of the Authority before submitting an application.

1.33 In addition, when completing section 3 of the application form, it is important that applicants ensure they provide sufficient time for the alterations to be carried out when stating the date upon which the variation is to take effect. This is to ensure that when the licence or certificate comes into force, the plan to which it relates accurately reflects the layout of the building.

1.34 If the actual date when the alterations have been completed differs from that requested, applicants must inform the Licensing Authority so that the licence or certificate can be issued correctly. Failure to do so may result in an offence being committed under section 136 of the Licensing Act 2003 of carrying on a licensable activity otherwise than under and in accordance with an authorisation.

Electronic Applications

1.35 In keeping with the Council's policy on the introduction of e-Government, the Licensing Authority consents to applications and other notices being given electronically where the Act and regulations allow. The address at which the Licensing Authority will accept applications and notices is: -

1. by post/personal service to The Licensing Unit, Rochford District Council, South Street, Rochford, Essex, SS4 1BW
2. by e-mail to licensing@rochford.gov.uk
3. by facsimile to 01702 545737
4. on-line (when the facility becomes available)

1.36 Regulations require that where applications and notices are sent electronically, they must be capable of being accessed by the Authority; legible in all material respects; capable of being read and reproduced in written form. They must also be made or given in writing. They are not 'made' or 'given' until all required documentation and any fee has also been received.

1.37 Where applications for premises licences and club premises certificates have been granted, the Licensing Authority will send the licence or certificate to applicants by post.

1.38 Appendices C and D provide applicants with advice and guidance on the application process and the scale of licensing fees.

Interested Parties

1.39 Interested Parties can make representations about licensing applications or apply for a review of an existing licence.

1.40 A person is an Interested Party in relation to an application for or in respect of a Premises Licence or Club Premises Certificate if, in the opinion of the Licensing Authority the person: -

1. lives in the vicinity of the premises, i.e. lives sufficiently close to the premises that they are likely to be affected by the authorised activities;
2. is involved in a business in the vicinity of the premises, i.e. has business interests that might be affected by the authorised activities, or
3. represents persons who satisfy paragraphs (a) or (b).

1.41 The principles the licensing authority will apply to determine whether a person is an interested party are that: -

1. each case will be decided upon its merits;
2. the authority will not apply a rigid rule to its decision-making and will consider the examples of considerations provided in the guidance to the Act;
3. the authority will also consider the term "involved in any business" in its widest possible context, which might include partnerships, charities, faith groups and medical practices.

1.42 Interested Parties can be persons who are democratically elected such as district and parish councillors and MP's, provided they have no personal or prejudicial interest. No specific evidence of being asked to represent an interested person will be required as long as the councillor / MP represents the ward likely to be affected. Likewise, parish councils likely to be affected will be considered to be interested parties.

1.43 The Licensing Authority considers that Trade Associations, Trade Unions and Residents and Tenants Associations qualify as Interested Parties where they can demonstrate that they represent persons in paragraph 1.40 (a) or (b).

1.44 This authority will not however generally view these bodies as Interested Parties unless they have a member who can be classed as an Interested Party.

1.45 This Authority will generally require written evidence that a person is authorised to represent an Interested Party in any case other than that mentioned in paragraph 1.42 above.

1.46 In determining if a person lives or has business interests sufficiently close to the premises that are likely to be affected by the authorised activities the Licensing Authority will consider the following factors: -

1. the size of the premises,
2. the nature of the premises,
3. the distance of the premises from the location of the person making the representation,
4. the potential impact of the premises (e.g. number of customers, routes likely to be taken by those visiting the establishment),
5. the nature of the complaint. This does not mean the personal characteristics of the complainant but the interest of the complainant, which may be relevant to the distance from the premises,
6. the catchment area of the premises (i.e. how far people travel to visit),
7. whether the person making the representation has business interests that might be affected in that catchment area.

Representations

1.47 Any Responsible Authority or Interested Party may make relevant representations on applications for the grant of a premises licence or club premises certificate and request reviews of licences or certificates that have been granted. However, only the Divisional Commander of South-eastern Police Division may make representations in respect of the grant of a personal licence, transfer of a premises licence or changes to the premises supervisor, or the issue of a temporary event notice.

1.48 A representation will only be 'relevant' if it relates to the likely effect of the grant of the licence on the promotion of at least one of the four licensing objectives. In addition, the representation must not be frivolous or vexatious.

1.49 As the Licensing Authority has to be satisfied that the representation is made by an Interested Party, which can generally only be determined by reference to the name and address of the person making it, this Authority will not consider any representation that fails to provide those details.

1.50 Where relevant representations are made, the Licensing Authority must provide copies of those representations to the applicant. The Licensing Authority accepts that in exceptional circumstances, an Interested Party may not wish for his/her personal details to be disclosed to the applicant.

1.51 Where the Licensing Authority consider that a relevant representation has been made and that exceptional circumstances exist, details of the name and address may be withheld from the copy of the representation that is provided to the applicant.

1.52 In all cases, applicants and those making representations that are genuinely aggrieved by a decision of the Committee are entitled to appeal to the Magistrates' Court against the decisions of the Committee.

1.53 Where the Responsible Authorities or Interested Parties do not raise any relevant representations about the application made to the Licensing Authority, the Licensing Authority will grant the licence or certificate subject only to conditions that are consistent with the operating schedule and any mandatory conditions prescribed by the Licensing Act 2003.

1.54 Appendices E and F provide applicants with contact details of Responsible Authorities and information concerning Representations (and who can make them), Reviews, Hearings and Appeals.

Conditions

1.55 Licensing is about the appropriate control of licensed premises, qualifying clubs, temporary events and the people who manage them or hold personal licences within the terms of the 2003 Act.

1.56 The Licensing Authority may not impose any conditions unless its discretion has been engaged following the making of relevant representations and it has been satisfied at a hearing of the necessity to impose conditions due to the representations raised. It may then only impose such conditions as are necessary to promote the licensing objectives arising out of the consideration of the representations.

1.57 In order to minimise problems and the necessity for hearings, it would be sensible for applicants and clubs to consult with Responsible Authorities when operating schedules are being prepared to allow for proper liaison before representations prove necessary.

1.58 Where relevant representations are made, the Licensing Authority will seek to make objective judgements as to whether conditions may need to be attached to various authorisations and others in possession of relevant authorisations, to secure achievement of the licensing objectives.

1.59 Any conditions arising from the operating schedule or as a result of representations will primarily focus on the direct impact of the activities taking place at licensed premises, on those attending the premises and members of the public living, working or otherwise engaged in normal activity in the area concerned and will cover matters that are within the control of individual licensees.

1.60 The Licensing Authority acknowledges that the licensing function cannot be used for the general control of the anti-social behaviour of individuals. Other mechanisms may be utilised, where appropriate, to tackle unruly or unlawful behaviour of customers when beyond the control of the individual, club or business holding the licence, certificate or authorisation concerned. These may include: -

1. planning controls,
2. positive measures by the Council to create a safe and clean town environment in partnership with local businesses, transport operators, etc.,
3. the provision of CCTV surveillance in town centres, ample taxi ranks, provision of public conveniences open late at night, street cleaning and litter patrols,
4. powers of local authorities to designate parts of the local authority area as places where alcohol may not be consumed publicly, e.g. in Rochford High Street,
5. police enforcement of the general law concerning disorder and anti-social behaviour, including issuing fixed penalty notices for disorder, making dispersal orders, etc. ,
6. the prosecution of any personal licence holder or member of staff at such premises who is selling alcohol to people who are drunk,
7. the confiscation of alcohol from children and adults in designated areas,
8. police and/or local authority powers to close down instantly for up to 24 hours any licensed premises or temporary events on grounds of disorder, the likelihood of disorder or noise emanating from the premises causing a nuisance,
9. the power of the police, other responsible authorities or a local resident or business to seek a review of the premises licence or club premises certificate in question.

1.61 If an applicant volunteers a prohibition or restriction in their operating schedule because their own risk assessment has determined such prohibition or restriction to be appropriate, such volunteered prohibitions or restrictions will become conditions attached to the licence, or certificate and will be enforceable as such.

1.62 The Licensing Authority recognises that all applications should be considered on an individual basis and any condition attached to such a licence will be tailored to each individual premises. No condition will be imposed that cannot be shown to be necessary for the promotion of the licensing objectives.

Mandatory Conditions

1.63 Appendix G sets out the Mandatory Conditions that are applicable to all premises in respect of the supply of alcohol, exhibition of films and employment of door supervisors.

Delegation of Functions

1.64 With the exception of the approval and review of its Licensing Policy, decisions on licensing matters will be taken in accordance with an approved scheme of delegation aimed at underlining the principles of timely, efficient and effective decision-making. The Licensing Committee will receive regular reports regarding licences determined by officers under delegated powers, in order to maintain an overview of the general situation.

1.65 Appendix H contains a table setting out how the licensing authority intends to approach its various functions.

The Need for Licensed Premises

1.66 There can be confusion about the difference between "need" and the "cumulative impact" of premises on the licensing objectives. "Need" concerns the commercial demand for another pub or restaurant or hotel. This is not a matter for a licensing authority in discharging its licensing functions or for its statement of licensing policy.

Cumulative Impact of a Concentration of Licensed Premises

1.67 "Cumulative impact" means the potential impact on the promotion of the licensing objectives of a significant number of licensed premises concentrated in one area. The cumulative impact of licensed premises on the promotion of the licensing objectives is a proper matter for a licensing authority to consider in developing its licensing policy statement.

1.68 The Licensing Authority acknowledges that a concentration of licensed premises in a particular area can result in an increased number of people walking through or congregating in streets during the night with the potential impact of an increase in crime, anti-social behaviour, noise pollution and other disturbance to residents, together with an increase in littering or fouling. In such cases the amenity of local residents can be placed under severe pressure but may not be attributable to any individual premises.

1.69 The Licensing Authority should only adopt a special policy on cumulative impact if there is evidence that a significant number of licensed premises concentrated in one area are resulting in unacceptable levels of crime and disorder or public nuisance.

1.70 The Licensing Authority, having regard to the evidence currently available, considers that there is no particular part of the district causing a cumulative impact on any of the licensing objectives.

1.71 However, the question of the cumulative impact of licensed premises in a particular area may, at a future time, be triggered for consideration on representation from residents or businesses or a responsible authority. The onus will rest on those persons or groups to provide evidence that additional licences or the variation of existing licences (e.g. to increase such aspects as capacity or operating hours) will produce the cumulative impact claimed.

1.72 In any future consideration of the question of a special policy regarding "cumulative impact" the Licensing Authority will consult the persons listed in section 5 (3) Licensing Act 2003.

1.73 Following a successful representation in such matters, the Licensing Authority's Statement of Licensing Policy will be reviewed and amended.

Advice and Guidance

1.74 The Licensing Authority recognises the valuable cultural, social and business importance that premises and events requiring a licence under the Licensing Act provide and welcomes the diversity of activities that are provided by licence holders. For this reason, pre-application discussions will be encouraged to assist applicants to develop their operating schedule. The Licensing Authority, Essex Police and/or Essex County Fire and Rescue Service will offer as much advice and guidance to applicants, as resources permit.

1.75 The Licensing Authority will also seek to liaise with applicants and/or mediate between applicants and others who may make representations, to achieve a satisfactory outcome for all involved, wherever possible and where resources permit. Where an applicant considers that mediation and liaison may be likely or probable, it is recommended that the applicant discuss his proposal with the licensing section and those from who they think representations are likely prior to submitting their application. Once an application has been lodged, there are statutory timescales imposed upon the application and determination process, which restrict the opportunity for such discussions, liaison and mediation.

1.76 Appendices J and K provide a list of references to 'best practice' and details of various organisations and trade associations that an applicant may find useful in preparing an operating schedule and running a safe premises/event.

Reviews of Licences

1.77 Where possible and appropriate the Licensing Authority will give early warning to licence holders of any concerns about problems identified at premises and of the need for improvement.

1.78 Any Responsible Authority or Interested Party may apply for a review of a premise's licence or a club premise's certificate by serving a notice containing details of the application on the holder of the licence or certificate and to each of the Responsible Authorities.

1.79 An application for review will only be 'relevant' if the grounds upon which it is made relate to the promotion of at least one of the four licensing objectives and is not frivolous, vexatious or repetitive. An evidentiary basis will be required to be presented to the Licensing Authority.

1.80 Where an Interested Party applies for a review, the Licensing Authority has to be satisfied that the person making it qualifies as an Interested Party and that it is relevant. There is no appeal to the decision of the Authority other than by way of judicial review.

1.81 As the Licensing Authority can generally only determine whether a person is an Interested Party by reference to the name and address of the person making the application, this Authority will not consider any application that fails to provide those details..

1.82 No more than one review from interested parties will be normally permitted within any 12-month period on similar grounds except in exceptional and compelling circumstances.

1.83 Appendices E and F provide applicants with contact details of Responsible Authorities and information concerning Reviews (and who can make them), Hearings and Appeals.

Enforcement

1.84 The Licensing Authority is responsible for the administration and enforcement of the licensing regime and has adopted the Government's Enforcement Concordat designed to ensure effective and efficient public protection services. Specifically, the Licensing Authority is committed to accord with the principles of good enforcement practice by carrying out its regulatory functions in a fair, open and consistent manner.

1.85 The Enforcement Concordat is based on the principles that businesses should: -

1. receive clear explanations from enforcers of what they need to do and by when,
2. have opportunities to resolve differences before enforcement action is taken - unless immediate action is needed,
3. receive an explanation of their rights of appeal.

1.86 The Licensing Authority recognises the interests of both citizens and businesses and will work closely, with partners, to assist licence holders to comply with the law and the four licensing objectives it seeks to promote. However, proportionate but firm action will be taken against those who commit serious offences or consistently break the law.

1.87 The Licensing Authority has set clear standards of service and performance that the public and businesses can expect. In particular, an enforcement policy has been created that explains how the Licensing Authority will undertake its role and how the principles of effective enforcement will be achieved. This policy is freely available from the licensing section, as are details of the corporate complaints procedures, both of which can also be viewed on the Council's website: www.rochford-council.gov.uk

1.88 The Licensing Authority has established an enforcement protocol with Essex Police, Essex County Fire and Rescue Service and Essex County Council Trading Standards on enforcement issues. This protocol provides for the targeting of resources towards high-risk premises and activities that require greater attention, while providing a lighter touch in respect of low risk premises that are well operated.