Draft Statement of Licensing Policy (Licensing Act 2003)
2.0 Licensing Objectives
2.1 The following sections set out the Licensing Authority's Policy relating specifically to the four licensing objectives (paragraph 1.5 above).
2.2 In each of the following sections the Licensing Authority has defined its intended outcome (in bold type) in respect of the objectives. Each section then lists the influencing factors on the achievement of that objective but, because of the wide variety of premises and activities to which this policy applies, the lists provided are not exhaustive.
2.3 Applicants should know their premises best and will be expected to address all aspects relevant to the individual style and characteristics of their premises and events.
2.4 Further, in each section, a list of possible control measures is provided, to be of assistance to applicants, but again is not intended to be an exhaustive list. Many control measures achieve more than one objective but have not necessarily been listed under each objective. Similarly, applicants will not be required to mention a control measure more than once in their operating schedule.
2.5 The selection of control measures, referred to in 2.4 above, should be based upon a risk assessment of the premises, events, activities and the customers expected to attend (e.g. their age, number, etc.).
2.6 The Licensing Authority suggests that such risk assessments should be documented as it considers such documentation to be good practice and a useful tool in the instruction and training of staff, as well as a sound basis for review by the licence holder, in the event of requiring to make application for variation or in response to changing circumstances/conditions at the premises.
2.7 Additional measures may be necessary on an occasional or specific basis such as when a special event (e.g. popular live band) or promotion (e.g. during major sporting occasions) is planned, which is intended to, or likely to attract larger audiences and/or audiences of a different nature, and which can have a significant impact on the achievement of the licensing objectives.
2.8 Reference should be made in an applicant's operating schedule, where applicable, to such occasions and the additional measures that are considered necessary in order to achieve the licensing objectives.
2.9 The Licensing Authority considers the effective and responsible management of the premises, instruction, training and supervision of staff and the adoption of best practice to be amongst the most essential control measures for the achievement of all the licensing objectives.
2.10 The Licensing Authority therefore strongly encourages all holders of premises licences to ensure that these elements are considered and undertaken.
2.11 In addition, the occupancy capacity for premises and events, as appropriate, is also considered to be an important factor in the achievement of the four licensing objectives (except in respect of premises licensed for the consumption of food and/or alcohol off the premises).
2.12 The Licensing Authority suggest that the issue of occupancy capacity should be considered and addressed, where necessary, within an applicant's operating schedule.
2.13 The design and layout of premises are important in determining capacity, as is the availability and size of exits within recommended travel distances. Other factors should also be considered when assessing the appropriate capacity for premises or events. These include: -
- the nature of the premises or event,
- the nature of the licensable activities being provided,
- the provision or removal of such items as temporary structures, such as a stage, or furniture,
- the number of staff available to supervise customers both ordinarily and in the event of an emergency,
- the age of the customers,
- the attendance by customers with disabilities, or whose first language is not English,
- availability of suitable and sufficient sanitary accommodation,
- nature and provision of facilities for ventilation.
2.14 The agreement to a capacity for premises or events should not be interpreted as a requirement to also provide permanent monitoring arrangements such as doorstaff, attendance clickers or maintenance of attendance records. The Licensing Authority recognises that the person in charge at the premises can often readily assess the capacity of premises without resort to such measures.
2.15 Where the capacity is likely to be reached (such as on known busy evenings) and particularly where a special event or promotion is planned, applicants must take such measures as they consider appropriate to ensure that the capacity of the premises is not exceeded.