Licensing

All licence applications must comply with four licensing objectives:

• the prevention of crime and disorder;
• public safety;
• the prevention of public nuisance;
• the protection of children from harm.

The following is for guidance only and is not an exhaustive list of the measures that need to be taken to ensure that a licence application meets the objectives. Items listed in the objectives section of the application will become conditions of the licence.

The prevention of crime and disorder

Under the following legislation:

• Crime and Disorder Act 1998 (www.opsi.gov.uk/acts/acts1998/ukpga_19980037_en_1)
• Alcohol Harm Reduction Strategy (www.cabinetoffice.gov.uk/strategy/work_areas/alcohol_misuse.aspx)
• Violent Crime Reduction Act 2006 (www.opsi.gov.uk/ACTS/acts2006/ukpga_20060038_en_1)
• Anti Social Behaviour Act 2003 (www.opsi.gov.uk/acts/acts2003/ukpga_20030038_en_1)
• Health Act 2006 (www.opsi.gov.uk/ACTS/acts2006/ukpga_20060028_en_1)
• Clean Neighbourhoods and Environment Act 2005 (www.opsi.gov.uk/acts/acts2005/ukpga_20050016_en_1)

Enforcement agencies and licence holders have a duty to do all that is reasonably possible in reducing and preventing crime and disorder in their area.

The essential purpose of a licence holder taking responsibility under this objective is to regulate behaviour on their premises that has access to licensable activities. The licence holder can only seek to manage the behaviour of customers in and the immediate vicinity around their premises as they seek to enter or leave but beyond that point they do not have any control.

Objectors/complaints from interested parties

The licensing authority may take into account and recognise that certain criminal activity or associated problems may be taking place or have taken place despite the best efforts of the licensee and the staff working at the premises. In such circumstances the licensing authority is still empowered to take any necessary steps to remedy the problems. The view is to promote the licensing objectives in the interests of the wider community. It is not the role of the licensing authority to determine guilt or innocence of individuals, such issues are for the courts of law.

If you are considering objecting, reviewing a licence or making a complaint it will be required that you can provide evidence that you have first-hand seen an issue in relation to the following:

• breaches of licensing conditions, authorised activities or authorised hours;
• a criminal offence (to be reported to the police in the first instance);
• anti-social behaviour.

Licence holders/applicants applying for a licence/certificate

As part of the application process applicants must consider the impact of their premises in relation to the licensing objectives. Please consider implementing the following measures. The Responsible Authorities may put representations/review forward to ask for these measures to be put into place.

Closed-circuit television (CCTV)

To install a digital or analogue CCTV system in accordance with the CCTV Code of Practice (www.ico.gov.uk/for_organisations.aspx).

When installing a system it is expected that cameras will be installed internally and externally and maintained in good working order. Cameras to cover all points of access and egress and to ensure good coverage of all internal public areas.

Incorporated recording facility that allows for recordings (with either hard drive or tapes) to be stored for a calendar month. The system should be fully operational and recording throughout the hours that the premises are open for any licensable activity. Access to the recordings to be made available to Police and Local Authority Officers on request.

Safer Medway Partnership

Further details about becoming a member of this scheme can be obtained by contacting the coordinator on 01634 818910.

• Safer Medway Partnership website (www.safermedway.co.uk/).
• The police website (www.kent.police.uk/) in relation to this scheme.

Aims and objectives of the scheme:

• to provide instant communication to fellow businesses in your area;
• to help reduce and to deter criminality along with anti-social behaviour by excluding people from businesses within the partnership;
• to help reduce retail crime losses for scheme members;
• to help make Medway a great place to live, work, shop, socialise and visit;
• to help promote communication between the police, Medway Council and local businesses;
• to enable members to apply for the Action Against Business Crime (Home Office) Gold, Silver and Bronze Safer Socialising Award.

Support provided to members

• Quality radio with unique ID and charger
• Photo Sharing Scheme
• Exclusion Notice Scheme
• Internet data and information access
• Safer Business and Safer Socialising Awards
• Services of an intelligence coordinator
• Information and training advice

Door Supervisors / Security Staff

You must only employ registered Security Industry Authority (SIA) (www.the-sia.org.uk/home/) door supervisors/security.

Consider using door supervisors:

• during the evening at weekends, on bank holidays and on special occasions such as festivals and major sporting events;
• to monitor and to restrict access to the premises and circulate inside the premises dealing with troublemakers and escorting them from the premises;
• to carry out random drug and weapon searches of customers;
• to monitor the flow of customers to prevent overcrowding.

Logging information of Crime and Disorder Incident Book

It is advisable that licence holders should keep a book available for staff to complete of all incidents that happen at the premises and in the immediate vicinity. This record can be used should a crime take place on your premises or a complaint is made regarding your premises or staff. This record can be used in your defence should you attend Court or Licensing Panel to show your due dilligence.

The Incident Book should contain the following:

• the date and time of the incident;
• a general description of the incident;
• a description of offenders and or persons involved (with names if possible);
• the member of staff dealing with the incident;
• any general comments by the staff in relation to possible repercussions etc.

Staff training for alcohol establishments

All staff are to be trained in aspects of licensing legislation and in particular underage sales to the minimum BIIAB Level 1 Award in Responsible Alcohol Retailing (www.biiab.org/index.cfm/asset_id,3381/fuseaction,details/qual_id,2844443/index.html) to support the responsibilities of the Designated Premises Supervisor. Training records to be maintained and available for inspection on request of police and licensing authority officers.

Drugs

Drug misuse can cause many problems in our communities, from poor attainment in education to an increase in crime, and the council, along with the Home Office (www.homeoffice.gov.uk/drugs/), are working hard to help individuals and communities overcome it

To assist the police in tackling drug abuse in the Night Time Economy by:

• incorporating the use of Iontrack swabbing, as a condition of entry when requested;
• the regular swabbing of public areas as agreed;
• allowing drug dogs to enter licensed premises and to monitor customers waiting to enter licensed premises;
• the premises having a drug policy;
• posters to be displayed in the premises;
• staff trained on drug awareness (www.biiab.org/index.cfm/asset_id,3381/fuseaction,details/qual_id,1963964/index.html).

Crime preventions

You can invest in making your premises secure and reduce the chance of your premises being targeted for crime.

Alarms

• Intruder alarms with combination of door and window contacts and movement detectors fitted;
• a panic or response alarm installed behind the servery or counter to assist staff.

Lighting

• Movement-activated lighting in the rear garden and car park area;
• permanent lighting around the exterior of the premises;
• lights left on inside the premises at night.

Locks

• Front and back doors with mortice locks;
• toilets locked at night to isolate them from the rest of the premises;
• any private residences locked during trading hours.

Excess stock is kept in:

• The cellar, away from customer access;
• a storage room that is locked at all times;
• a lockable cabinet.

Fruit machines (AWPs)

• Emptied overnight and the contents placed in a safe;
• placed in view of the servery so that staff can monitor the people using them.

Fruit machines are illegal in taxi offices or takeaways.

Safe

• A time-lock safe installed in the cellar;
• all money kept in a safe set in concrete in the private residence above the licensed area, away from customer access.

Cash registers

• Sited away from customer access;
• on closing, all money removed and the drawer left open.

Weapons

• All display items secured to the wall;
• only toughened glasses to be used;
• plastic glasses to be used in gardens and during festivals or special events.

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Public Safety

Objectors/complaints from interested parties

The licensing authority cannot take into account any issues that are dealt with in other legislation, such as public health, cleanliness or hygiene.

If you are considering objecting, reviewing a licence or making a complaint you must provide evidence that you have first hand seen an issue in relation to the following:

• Overcrowding (an increased risk of violence, safety of persons in the premises);
• fire issues (please report to the fire authority in the first instance);
• being hurt or having an accident in licensed premises (please seek medical care and report to the relevant authorities).

Licence holders/applicants applying for a licence/certificate

The public safety objective is concerned with the physical safety of the people performing, staff and customers using the relevant premises and not with public health.

Where there is a requirement in other legislation for premises open to the public or for employers to possess certificates attesting to the safety or satisfactory nature of certain equipment or fixtures on the premises, it would be unnecessary for a licensing condition to be placed on the premises licence or club premises certificate.

Fire regulations

The premises comply with all statutory fire safety controls.

Guidance and information is available from the Communities and Local Government (www.communities.gov.uk/fire/) or Kent Fire Rescue Service (www.kent.fire-uk.org/Home).

Food safety

The premises comply with all food safety regulations.

Disabled facilities

The Disability Discrimination Act 1995 (www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_1) introduced new laws aimed at ending the discrimination that many disabled people face. The Act gave disabled people new rights of access to goods, facilities and services, as well as in employment and buying or renting property.

If it is impossible or unreasonably difficult for disabled people to use your services you may be required:

• to take reasonable steps to change your practices, policies or procedures or provide a reasonable alternative method of making your services available to disabled people;
• to take reasonable steps to provide an auxiliary aid or service to assist or enable disabled people to use your service.

Examples of reasonable adjustments:

• a waiter reads the menu to a customer with visual impairment and/or large print menus available;
• a disabled customer should be able to pay the waiter rather than queue at the till on way out;
• an accessible lavatory installed, depending on available space and resources;
• the premises adapted for wheelchair access.

Health and Safety

There are a number sites that can provide you with information on Health and Safety including the Health and Safety Executive (www.hse.gov.uk/).

Licensed premises can cover a wide range of activities. All licensed premises involve a great deal of interaction with members of the public.

Fatalities to employees in these industries are comparatively rare but serious injuries do occur. The main causes of injuries continue to be:

• falls from height;
• workplace transport;
• slips and trips;
• manual handling;
• slips on wet or food contaminated floors;
• struck by something (such as sharp knives or falling objects);
• machinery.

The main causes of occupational ill health continue to be:

• musculoskeletal injuries;
• dermatitis;
• noise;
• occupational asthma;
• rhinitis;
• work related stress .

Overheating

To provide air conditioning and ventilation to control temperature and humidity.

Some licensed premises may have restrictions in relation to opening doors and windows during regulated entertainment.

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The Prevention of Public Nuisance

Public nuisance is given a statutory meaning in many pieces of legislation. It is however, not narrowly defined in the Licensing Act 2003 (www.opsi.gov.uk/acts/acts2003/ukpga_20030017_en_1) and retains its broad common law meaning. The issues mainly concern noise nuisance, light pollution, noxious smells and litter.

Objectors/complaints from interested parties

Public nuisance could include low level nuisance perhaps affecting a few people living locally as well as major disturbance affecting the whole community.

• Noise
• Community Safety
• Litter
• Odour and ventilation systems - a technical guide
• Smokefree
• Lights

If you are considering objecting, reviewing a licence or making a complaint, you must evidence that you have first hand seen an issue. Please make sure that you have:

• reported the incident to the relevant authorities in the first instance, and;
• the incident has happended on a repeated basis.

Licence holders/applicants applying for a licence/certificate

The essential purpose of a licence holder taking responsibility under this objective is to make sure that all reasonable steps have been taken to prevent disruption to your neighbours. It is recommended that you consider the following measures:

Noise

Noise from commercial premises is often dealt with in the same way as that from domestic premises. However, in some cases the Environmental Health department may need to prove a statutory nuisance where the premises hold a premises licence, these notices are issued in order to ensure that the disturbance caused to the general public is kept to a minimum.

There are a number of measures you can take in this category:

• windows and doors remain closed during regulated entertainment;
• sound-proofing in the area used for live entertainment;
• acoustic lobbies at the entrance and exit of the premises;
• a sound limiter installed;
• gardens and open air areas are closed at 11pm;
• notices are placed at the entrance and exit to remind customers to leave quietly;
• speakers moved away from walls adjacent to residential properties.

Rubbish and litter

• Rubbish bins and glass refuse kept at the rear of the premises away from public access;
• a bin provided outside the entrance of the premises;
• they emptying of bottles, bins and rubbish not take place between 11pm and 7am.

Car parking

• Provide car parking facilities for the use of customers;
• provide details of the nearest public car park;
• provide notices advising customers not to park in residents' driveways, and not to block the highway etc

Residents association

• Hold regular meetings with residents, businesses in the vicinity of the premises and also invite the ward councillor.

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The Protection of Children from Harm

This objective relates to the protection of children from moral, psychological and physical harm. This includes from early exposure to strong language, sexual expletives, adult entertainment, drinking alcohol, drug taking, gambling and violence.

Objectors/complaints from interested parties

The Secretary of State recommends that the licensing authority develops family-friendly environments that should not be frustrated by overly restrictive conditions relating to children.

The council has a responsibility to protect children.

If you are considering objecting, reviewing a licence or making a complaint it will be required that you can provide evidence that you have first hand seen an issue. Please make sure that you have:

• reported the incident to the relevant authorities in the first instance, for example, Age Restricted Products (this includes under age sales of alcohol and tobacco);
• details of the children affected.

Licence holders/applicants applying for a licence/certificate

Restricted access to children may be necessary to protect them from harm which will arise if:

• you provide adult entertainment;
• you have been convicted of serving alcohol to minors or have a reputation for allowing underage drinking;
• you have known association with drug taking or dealing;
• you have a strong element of gambling on the premises;
• the primary use of the premises is exclusively providing supply of alcohol.

You will need to consider the following measures:

Admission of children

• A restriction of where and if children are allowed in the premises;
• a time restriction allowing children in the premises;
• a notice explaining to customers when and where children are allowed or not.

Proof of age

Staff to be trained in checking customers ages by only accepting the following identification:

• passport;
• driving licence;
• Citizencard;
• Connexions card.

Run a challenge 21 scheme (http://www.beerandpub.com/industryArticle.aspx?articleId=85).

Refusal book

Keep a refusal book on the premises where staff can record details of all persons refused sale of alcohol. This is similar to an incident book.

Entertainment

• Where entertainment of an adult or sexual nature is provided, children under the age of 18 years are not allowed into the premises. Provisions must be put into place as to how staff will prevent children from entering the premises. This may include covering and blocking windows.
• During events specifically for people under the age of 18 years, adult staff are employed to ensure their safety.

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