Licensing Policy
The Licensing Act 2003 requires each Licensing Authority to determine and publish its Licensing Policy in respect of a three year period. Before determining its Policy the Licensing Authority must consult and take account of the responses to the consultation and guidance issued by the Secretary of State.
This Policy has been determined by North Wiltshire District Council in respect of the three year period which commences on 7 February 2008. The policy must be reviewed at the end of that three year period and may be reviewed at any time during that period.
There are approximately 800 premises in North Wiltshire including pubs, clubs, restaurants, halls, shops and cinemas, which regularly carry out licensable activities, and a variable number of locations where licensable activity takes place on an occasional basis in respect of which Temporary Event Notices may be received.
This Policy will be supplemented by detailed guidance on how to make an application for a Premises or Personal Licence, how to make a Relevant Representation and how to serve a Temporary Event Notice. The guidance will also explain the procedures that the Licensing Authority will adopt to deal with applications and hearings and how to appeal.
For further information please contact:
Environmental Health (Licensing Team)
North Wiltshire District Council
Monkton Park
Chippenham
Wilts SN15 1ER
Tel: 01249 706555
Email: ehealth@northwilts.gov.uk
This Policy has been determined by North Wiltshire District Council in respect of the three year period which commences on 7 February 2008. The policy must be reviewed at the end of that three year period and may be reviewed at any time during that period.
There are approximately 800 premises in North Wiltshire including pubs, clubs, restaurants, halls, shops and cinemas, which regularly carry out licensable activities, and a variable number of locations where licensable activity takes place on an occasional basis in respect of which Temporary Event Notices may be received.
This Policy will be supplemented by detailed guidance on how to make an application for a Premises or Personal Licence, how to make a Relevant Representation and how to serve a Temporary Event Notice. The guidance will also explain the procedures that the Licensing Authority will adopt to deal with applications and hearings and how to appeal.
For further information please contact:
Environmental Health (Licensing Team)
North Wiltshire District Council
Monkton Park
Chippenham
Wilts SN15 1ER
Tel: 01249 706555
Email: ehealth@northwilts.gov.uk
1. Licensing Policy
1.1 This policy is made by North Wiltshire District Council in accordance with Section 5 of the Licensing Act 2003 and Guidance issued by the Secretary of State for Culture, Media and Sport under Section 182 of that Act. North Wiltshire District Council is the Licensing Authority in respect of the whole of the North Wiltshire District.
2. Licensing Objectives
2.1. The Licensing Act 2003 places a duty on all Licensing Authorities to promote the licensing objectives contained within Section 4 of that Act. Those objectives are:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
2.2. In all of its considerations under the Licensing Act 2003, the Licensing Authority will treat all of those objectives as being of equal importance, recognising that there are no other licensing objectives and will not seek to use its powers under the Act to achieve any other objective.
3. Scope
3.1. In exercising its powers under the Licensing Act 2003, the Licensing Authority is concerned only with the regulation of licensable activities on licensed premises, by qualifying clubs and at temporary events within the terms of that Act. The conditions attached to authorisations granted or obtained under this Act will be focussed on those matters which are under the direct control of those who are in possession of the authorisation.
4. Vicinity
4.1. The following principles will be applied by the Licensing Authority when determining whether or not a person is an interested party within the meaning of Section 13 of the Act.
i. Persons who claim to live sufficiently close to the premises and are likely to be affected by the authorised activities should be able to demonstrate that the likely effect on them will be significant.
ii. Persons with business interests that might be affected by the authorised activities should be able to demonstrate that the likely effect on their business interests will be significant and that the effect will not arise solely because of direct competition with their own business interests.
iii. Persons who claim to represent other persons who are in categories (i) or (ii) above should be able to demonstrate that they have been asked to represent a person in category (i) or (ii) above in that particular case.
i. Persons who claim to live sufficiently close to the premises and are likely to be affected by the authorised activities should be able to demonstrate that the likely effect on them will be significant.
ii. Persons with business interests that might be affected by the authorised activities should be able to demonstrate that the likely effect on their business interests will be significant and that the effect will not arise solely because of direct competition with their own business interests.
iii. Persons who claim to represent other persons who are in categories (i) or (ii) above should be able to demonstrate that they have been asked to represent a person in category (i) or (ii) above in that particular case.
5.General Principles
5.1 The Council will consider all applications for authorisations under the Licensing Act 2003 on their own merits and will apply only those conditions to any authorisation granted which are necessary to achieve the licensing objectives.
5.2 The Council will not apply standard conditions to Licences and Certificates, but will seek to apply conditions which are appropriate in the circumstances. The Council may utilise pools of conditions which follow the guidance issued by the Secretary of State.
5.3 The Council recognises the need to promote a broad range of entertainment within its area and that a balance has to be drawn between disturbance in neighbourhoods and the cultural benefits which may derive from the provision of such entertainment.
5.2 The Council will not apply standard conditions to Licences and Certificates, but will seek to apply conditions which are appropriate in the circumstances. The Council may utilise pools of conditions which follow the guidance issued by the Secretary of State.
5.3 The Council recognises the need to promote a broad range of entertainment within its area and that a balance has to be drawn between disturbance in neighbourhoods and the cultural benefits which may derive from the provision of such entertainment.
6. Relationship between Licensing and Other Legislation
6.1 Licensing Law is not the primary mechanism for the general control of nuisance and anti-social behaviour. However, it is a key part in the holistic management of those issues. Licensing decisions will be focussed on the direct impact of activities taking place at premises with authorisations on those persons who live, work and engage in normal activity in the vicinity of those premises. The Licensing Authority recognises that premises with authorisations are subject to a wide variety of other legislative provisions and will not seek to use its licensing powers to regulate matters that are already adequately regulated by those other legislative provisions. The Licensing Authority will, however, take account of any other relevant legislative provision in reaching its decisions and will endeavour to ensure that no requirement is imposed under Licensing Law that is in conflict with or contradicts any other legislative provision. The Council will take into account any duties imposed upon it by any other legislative provision when considering the decisions it makes under the Licensing Act 2003. The commercial need for a new premises authorisation is not a matter for consideration by the Licensing Authority. The Council will ensure that Planning, Building Control and Licensing regimes remain properly separated to avoid duplication and inefficiency.
7. Cumulative Impact
7.1 North Wiltshire District Council will take into account the cumulative impact of existing authorisations in a particular area when considering any new application for an authorisation. The Council does not consider that there are currently any concentrations of licensed premises sufficiently large to create a significant impact on crime and disorder or public nuisance anywhere in its area to warrant the rejection of a new application on the basis of cumulative impact. The Council will, however, consider any representation made to it regarding cumulative impact and will review its Licensing Policy where it can be shown that the concentration of licensed premises in a particular area is having a direct impact on crime and disorder or public nuisance.
8. Protection of Children
8.1. The Council will ensure that it does all that it can to achieve the Licensing Objective of protecting children from harm. However, it will not seek to impose limits on access of children to licensed premises other than those that are necessary to prevent moral, physical or psychological harm to children. Areas that will give rise to particular concern in respect of the access of children to licensed premises include:
- Premises where entertainment or services of an adult or sexual nature are commonly provided
- Premises where there have been convictions of members of the current staff at the premises for serving alcohol to minors or with a reputation for underage drinking
- Premises with a known association with drug taking or dealing
- Where there is a strong element of gambling on the premises (but not, for example, the simple presence of a small number of cash prize gaming machines)
- Where the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided at the premises
This list is not necessarily exhaustive.
8.2 In reaching decisions regarding the access of children to licensed premises the Council will consider a range of options including:
- Limitations on the hours when children may be present
- Limitations on the exclusion of the presence of children under certain ages when particular specified activities are taking place
- Limitations on the parts of premises to which children might be given access age limitations (below 18)
- Requirements for accompanying adults (including for example, a combination of requirements which provide that children under a particular age must be accompanied by an adult
- Full exclusion of those people under 18 from the premises when any licensable activities are taking place.
- Premises where entertainment or services of an adult or sexual nature are commonly provided
- Premises where there have been convictions of members of the current staff at the premises for serving alcohol to minors or with a reputation for underage drinking
- Premises with a known association with drug taking or dealing
- Where there is a strong element of gambling on the premises (but not, for example, the simple presence of a small number of cash prize gaming machines)
- Where the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided at the premises
This list is not necessarily exhaustive.
8.2 In reaching decisions regarding the access of children to licensed premises the Council will consider a range of options including:
- Limitations on the hours when children may be present
- Limitations on the exclusion of the presence of children under certain ages when particular specified activities are taking place
- Limitations on the parts of premises to which children might be given access age limitations (below 18)
- Requirements for accompanying adults (including for example, a combination of requirements which provide that children under a particular age must be accompanied by an adult
- Full exclusion of those people under 18 from the premises when any licensable activities are taking place.
Where appropriate these options may be used in combination.
The Council has no power to require the admission of children to any authorised premises.
8.3. When considering applications for authorisations the Council will take particular account of any representation made by Wiltshire County Council as the Responsible Authority for child protection or any other authority nominated by them to make representations on their behalf regarding the protection of children from harm.
9.Film Exhibitions
9.1. The Council will expect applicants for authorisations which include the provision of film exhibitions to include in their Operating Schedules arrangements for restricting children from viewing age restricted films.
10. Responsible Drinking
10.1. The Council commends the Portman Group Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks. The Code seeks to ensure that alcoholic drinks are packaged and promoted in a socially responsible manner and only to those who are 18 years old or older.
11. Relationship to Other Council Policies
11.1. The Licensing Authority will take into account North Wiltshire District Council policies with regard to enforcement, local crime prevention, planning, transport, tourism, race equality and cultural development when determining its Licensing Policy, and when considering applications under the Licensing Act. The Council will also take its Licensing Policy into account when reviewing any of those other policies or reaching decisions relating to them.
12. Delegation
12.1. The Council will adopt the scheme of delegation of functions recommended by the Secretary of State in the Guidance issued under Section 182 of the Act in the interests of speed efficiency and cost effectiveness. It will amend its scheme of delegation in line with any amended recommendations for the Secretary of State.
13. Enforcement
13.1. The Licensing Authority, in conjunction with the other Licensing and Trading Standards Authorities in Wiltshire, has established a protocol with Wiltshire Constabulary on enforcement of the Licensing Act 2003. These protocols will be regularly reviewed in the light of experience of the application of the Act. The primary objective of all of the enforcing authorities is effective and efficient enforcement. To that end a risk assessment process will be used to target enforcement activity where it is most needed.
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