5.0 Prevention of Public Nuisance

5.1 Licensed premises have a significant potential to adversely impact on communities through public nuisances that arise from their operation. The Licensing Authority wishes to maintain and protect the amenity of residents and other businesses from the potential consequence of the operation of licensed premises whilst recognising the valuable cultural, social and business importance that such premises provide.

5.2 The Licensing Authority intends to interpret "public nuisance" in its widest sense, and takes it to include such issues as noise, light, odour, litter and anti-social behaviour, where these matters impact on those living, working or otherwise engaged in normal activity in an area.

5.3 Applicants need to be clear that the Licensing Authority will normally apply stricter conditions, including controls on licensing hours, where licensed premises are in residential areas and where relevant representations have been received. Conversely, premises may be suitable for extended hours of opening where it can be demonstrated that effective measures have been planned to prevent public nuisance, etc.

5.4 In the case of shops, stores and supermarkets selling alcohol, unless there are exceptional reasons relating to disturbance or disorder, the Licensing Authority will normally permit the hours during which alcohol is sold to match the normal trading hours during which other sales take place.

5.5 When preparing an application for grant or variation of a premises licence or club premises certificate, applicants should consider if there are any particular issues effecting public nuisance, having regard to their particular type of premises and/or activities proposed. Where an applicant identifies such issues they should include such steps as are considered appropriate to deal with them within the operating schedule.

5.6 Examples of some of the issues that impact on public nuisance are: -

1. the location of premises and proximity to residential and other noise sensitive premises, such as hospitals, hospices and places of worship,
2. the hours of opening, particularly between 23.00 and 07.00,
3. the nature of activities to be provided, including whether those activities are of a temporary or permanent nature and whether they are to be held inside or outside premises,
4. the design and layout of premises and in particular the presence of noise limiting features,
5. the occupancy capacity of the premises,
6. the availability of public transport,
7. 'wind down period' between the end of the licensable activities and closure of the premises,
8. last admission time.

5.7 Applicants may wish to consider the following examples of control measures that might be included in their operating schedule, having regard to their particular type of premises and/or activities: -

1. effective and responsible management of premises,
2. appropriate instruction, training and supervision of those employed or engaged to prevent incidents of public nuisance, e.g. to ensure customers leave quietly,
3. control of operating hours for all or parts (e.g. garden areas) of premises, including such matters as deliveries,
4. adoption of best practice guidance (e.g. Good Practice Guide on the Control of Noise from Pubs and Clubs, produced by Institute of Acoustics, Licensed Property: Noise, published by BBPA),
5. installation of soundproofing, air conditioning, acoustic lobbies and sound limitation devices,
6. management of people, including staff, and traffic (and resulting queues) arriving and leaving premises,
7. liaison with public transport providers,
8. siting of external lighting, including security lighting,
9. management arrangements for collection and disposal of litter,
10. effective ventilation systems to prevent nuisance from odour.