16-Review of Licensing Policy Rpt Council 081210 · 2015-09-02 · ENCLOSURE 9.2 Report-Review of Licensing Policy 4. Key Issues and Implications 4.1 Section 5 of the Licensing Act

ENCLOSURE 9.1

Report-Review of Licensing Policy

CANNOCK CHASE COUNCIL

COUNCIL

8 DECEMBER 2010

REPORT OF DIRECTOR OF SERVICE IMPROVEMENT

RESPONSIBLE PORTFOLIO LEADER: ENVIRONMENT

REVIEW OF LICENSING POLICY

KEY DECISION – YES

1. Purpose of Report

1.1 To seek approval and adoption of Cannock Chase District Council’s revised Licensing Policy in respect of functions under the Licensing Act 2003, following consultation on statutory review.

2. Recommendations

2.1 That the Cannock Chase District Council approves and adopts the revised Licensing Policy given at Annex 3 of this report.

3. Summary (inc. brief overview of relevant background history)

3.1 The Licensing Act 2003 received Royal Assent in July 2003 and modernises the old licensing regimes. It integrates alcohol, public entertainment, cinema, theatre, late night refreshment and night café licensing with a single system which places a statutory duty on the Council, as the Licensing Authority, to promote the four licensing objectives:-

• the prevention of crime and disorder

• public safety

• the prevention of public nuisance

• the protection of children from harm

3.2 The Licensing Policy is the instrument by which the Council administers enforces and executes its duties under the Act. It became operational on 7 February, 2005 and was approved and adopted by the Council on 13 December, 2004, and amended by Council on 23 February, 2005 to include the Weights and Measures Authority (Trading Standards) as a Responsible Authority following an amendment to the legislation.

3.3 It was reviewed during 2007 and the revised Licensing Policy approved and adopted by Council on 5 December 2007.

ENCLOSURE 9.2


4. Key Issues and Implications

4.1 Section 5 of the Licensing Act 2003 requires the Council to prepare and consult on a statement of licensing policy and to review every 3 years the approved, adopted document to ensure its effectiveness in meeting the licensing objectives.

4.2 This report details the review process which has resulted in a revised Licensing Policy.

5. The Policy

5.1 The policy document was developed in accordance with guidance issued by the Secretary of State in July 2004 under Section 182 of the Licensing Act 2003 and has been revised in accordance with guidance issued by the Secretary of State in June 2007 and the Local Government Regulation guidance.

5.2 The draft revised document was put out for consultation between 7 September and 29 October 2010 and every effort has been made to bring it to the attention of current licence holders, organisations with a known interest in licensing matters, partners such as Staffordshire Police and Fire and Rescue, Members and the public. A list of consultees actively consulted on is given at Annex 1 to this report.

5.3 The document has been put on the Council’s website and all interested parties have been written to in order to advise them on how they can see the document and comment on it.

6. Consultation Response

6.1 A total of 11 responses have been received and all comments have been properly considered and a judgment reached on their relevance and positive contribution to the process. These have been documented on appraisal forms. Copies of the responses and appraisals are enclosed at Annex 2.

6.2 The policy document has been amended as a result of revised guidance and the consultation process and is given at Annex 3 to this report.

5. Conclusion(s) and Reason(s) for the Recommendation(s)

5.1 The statement of Licensing Policy has been reviewed and revised in accordance with Secretary of State and Local Government Regulation Guidance and has been put out to public consultation.

5.2 The document has been amended where considered appropriate after proper consideration of all comments made within the consultation period.

6. Other Options Considered

6.1 No other options were considered as it is a statutory duty to review the policy every 3 years and to consult on the proposed revision.

7. Report Author Details

K.J. Sulway, Environmental Protection Manager, Ext. 4480

ENCLOSURE 9.3


SCHEDULE OF ADDITIONAL INFORMATION

INDEX

Contribution to Council Priorities (i.e. CHASE, Corporate Priorities) Section 1

Contribution to Promoting Community Engagement Section 2

Financial Implications Section 3

Legal Implications Section 4

Human Resource Implications Section 5

Section 17 (Crime Prevention) Section 6

Human Rights Act Implications Section 7

Data Protection Act Implications Section 8

Risk Management Implications Section 9

Equality and Diversity Implications Section 10

List of Background Papers Section 11

Report History Section 12

Annexes to the Report i.e. copies of correspondence, plans etc. Annex 1, 2, 3 etc.

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Section 1

Contribution to Council Priorities (i.e. CHASE, Corporate Priorities)

This is a statutory document which enables the Council to contribute to public safety.

Section 2

Contribution to Promoting Community Engagement

The draft revised policy has been consulted on widely and has been placed on the Council’s website to encourage participation in the consultation process.

Section 3

Financial Implications

There are no direct financial implications as a result of the adoption of the revised policy.

Section 4

Legal Implications

These are referred to extensively throughout this report, but it must be emphasised that the Council is under a statutory duty to review this statement of policy and also to have regard to it (as well as having regard to the licensing objectives and any official guidance) in carrying out its licensing functions (Sec. 4 Licensing Act 2003).

Section 5

Human Resource Implications

There are no human resource implications as a result of the adoption of the revised policy.

Section 6

Section 17 (Crime Prevention)

One of the four Licensing Objectives is the Prevention of Crime and Disorder.

Section 7

Human Rights Act Implications

There are no Human Rights Act Implications arising from this report.

Section 8

Data Protection Act Implications

None identified.

Section 9

ENCLOSURE 9.5


Risk Management Implications

Failure to review the Licensing Policy on a 3 year basis would be a breach of legislation and would leave the Council open to sanctions.

Section 10

Equality and Diversity Implications

The Policy will be made available in large print, Braille and audio on request.

Section 11

List of Background Papers

None.

Section 12

Report History

It is a requirement in legislation for the full Council to approve and adopt the Licensing Policy.

Annexes

Annex 1: List of Consultees

Annex 2: Copies of responses to consultation process and appraisals

Annex 3: Revised Licensing Policy



ANNEX 1


DECEMBER 2010

REPORT OF DIRECTOR OF

SERVICE IMPROVEMENT

LIST OF CONSULTEES

www.cannockchasedc.gov.uk

ANNEX 1


Draft Licensing Policy Consultees 2010

Miscellaneous

ADSIS Helen Pearce- South Staffs PCT David Barrow- DB Events Ltd Cannock CAB Rugeley CAB Chase Tenants Federation Kent Parson CVS Health & Safety Executive Trades Union Congress HM Revenue and Customs Gambling Commission Geoffrey Whewell – West Midlands CIU John Fraser- Stafford BC David Pattison- South Staffs DC Michelle Lucas- Chamber of Commerce Natal Chapman- Cannock Shopping Centre British Transport Police John Mason Associates- Architects Licensed Trade Legal Services

Staffordshire County Council Sally Rowe- Child Protection Wayne Mortiboys- Highways Agency Pat Merrick - Joint Commissioning Unit Trading Standards Dave Botfield- Highways Agency Davinia Powell- Trading Standards Brandon Cook- Trading Standards Paul Boss- Highways Agency

Staffordshire Fire & Rescue Service Neil Griffiths Bob Johnson Alan McEntire

Parish & Town Councils Brereton and Ravenhill Parish Council Norton Canes High School Cannock Chase High School Blake Valley High School Cardinal Griffin Catholic High School Hagley Park Sports College Norton Canes High School Chase Academy School

Staffordshire Police Staffordshire Police PC Andy Frost Sgt Jason Dorrington Insp Christopher Ellerton Insp Patrick Shannagham Chris Mottershead PC Gordon Scott Sgt Donna Gibbs Southern Licensing Unit

Solicitors Ford & Warren Solicitors JR Jones Solicitors Hammonds Solicitors Winckworths Solicitors Berwin Leighton Paisner Gosschalks John Gaunt & Partners Poppleston Allen Mark Redler Solicitors Poppleston Allen Harvey Roberts Solicitors Kuit Steinart Levy LLP Cobbetts TLT Solicitors Locketts & Co Trethowans Solicitors R N Williams Solicitors Frisby Solicitors Manbys Solicitors Imogen Moss Lisa Langton David Campbell

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Schools & Colleges Kingsmead Technology College Fair Oak High School Cannock Chase High School Blake Valley High School Cardinal Griffin Catholic High School Hagley Park Sports College Norton Canes High School Chase Academy School

Breweries and Off Licences Midlands Co-op Enterprise Inns Association of Licensed Multiple Retailers One Stop Bargain Booze Jazz Services Marstons PLC British Beer & Pub Association Mr Greg Bartley - Tesco Stores PLC

Churches Catholic Churches Brereton & Rugeley Parish Norton Canes Parish Cannock Ministry Victory Christian Centre St Stephens Church Cannock Pubwatch Members Bank Bar Lounge Stones Fern & Fallow Ascot Tavern Winding Wheel Piques Wine Bar U Bar Rileys - Cannock Bar Sport Mr Mark Parton Bar 77 The Academy

Doctor Surgeries Hednesford Street Surgery Dr C S Thaker & Partners Red Lion Surgery Newhall Street Surgery Dr Thompson Surgery Dr K Myint & Partners The Nile Practice Bideford Way Surgery Moss Street Surgery Chadsmoor Medical Practice Heath Hayes Heath Centre Dr Murty’s Surgery Anglesey Street Surgery Hednesford Valley Health Centre Dr Chandra Surgery Escrett Street Surgery The Horsefair Practice Sandy Lane Surgery Aelfgar Surgery Brereton Surgery

Rugeley Pubwatch Members Castle Bojollys Ollys Bar Pot Black/Crown Hotel The Chase Libbys Bar The Vine Inn The Stags Leap The Glassworks Chief Executive, Directors & Chairmen of Strategic Partnerships Neil Stanley Stephen Brown Nicholas Baker Donna Meredith-Wood Natasha Swan Declan Hoare

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Cannock Chase District Council John Morgan Sue Popham David Chaplin Steve Partridge Wendy Rowe Joanna Tunnicliffe Catherine Bowker Tom Walsh Mike Worsnop Mike Edmonds Nick Hackney Kerry Wright Trish Griffiths Geoff Winslow Bob Phillips Katie McBey Natalie Barrow Jacqueline Biard Lindsey Ellison Mazer Aqbal Gary Finn Jesbir Uppal Nicky Walters Food Team David Prosser-Davies Chris Richardson Karen Sulway Jason Salter John Heminsley Ian Collingham John Ness Karen Ward Richard Kay Paul Beckley

Licence Holders Academy Aelfgar Centre Albion Inn ALDI Stores Cannock ALDI Stores Rugeley Anchor Stores Angel Fast Food Aquarius Ballroom Ascot Tavern Asda Avon Business & Leisure Bahia Food & Drinks Bals Off Licence Balti Jalfrazi Restaurant & Takeaway Balvinder Singh B & M Bargains Bamboo Garden Bangle Garden Restaurant Bank Bar Bar 77 Bar Sport Bargain Booze Cannock Bargain Booze Rugeley Bargain Booze Hednesford Bazda Price Beaudesert Golf Club Beaudesert Park Camp Site Bell & Bottle Bengali Balti Bideford Way Fish Bar Bilash Restaurant Birds Blakeways Youth Centre Blake Valley Technical College Blue Ocean Fish Bar Bojollys Booze 4 Less Booze for Less Booze Stop Bradbury Lane Off Licence

Heads of Service Bob Kean Judith Aupers Ian Tennant Steve Shilvock Mike Edmonds Kevin Lawlor Tony McGovern

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Licence holders continued Brereton Football Club Brereton Sports & Social Club Bridge Fish Bar Bridge Inn Bridgtown Social WMC Broadway Spice Broom Stores Broomhill Albion WMC Café des Legends & Gilpin Suite Café Spice Cannock Chase College Cannock Chase Forest Cannock & Rugeley Cricket Club Cannock Ex Servicemens Club Cannock Fish Bar Cannock Royal British Legion Club Cannock Rugby Union Football Club Cannock Snooker Club Cannock Social WMC Cannock Town Centre Cannock Unionist Club Cannock Wood & Gentleshaw Village Hall Cannock Youth Centre Castle Castle Inn Cedar Tree Hotel Centenary Hall Our Lady of Loudes Central Fish & Chips Central Wine Stop Chadsmoor Fish Bar Chadsmoor Progressive WMC Chase Chase Balti Chase Convenience News & booze Chase Leisure Centre Chase Workers Social Club Chilli Corner China Garden Restaurant Church Hill Victoria WMC Cooks Newsagent Hedneford Cooks Newsagent Norton Canes Co-op Stores Hednesford Co-op Stores Chadsmoor Co-op Stores Norton Canes Co-op Stores Rugeley Corner Stores Costcutter Craddocks Newsagents Craddocks Newsagents Cross Keys Inn Crown Hotel Crystal Fountain Dalraj Mann

Dilshad Tandoori Restaurant Dominoes Pizza Drink Stop Dragon City Eastern Memories Eastern Spices Eaton Lodge Edward Street Club Elaichi Electric Palace Picture House Elmore Park Etching Hill Tennis Club Fans Cantonese Restaurant Fern & Fallow Festival Fish Bar

Five Ways Inn Five Ways Primary School Flames Takeaway Food Paradise Forge Bar Flagging Duck Garam Masala General Stores & Off Licence Georges Fish Bar Ghuman Stores Glassworks Globe Inn Globe Pub Golden Hayes Cantonese Takeaway Golden Spice Green Lane Stores Greenheath Progressive WMC Hagley News Hagley Park Playing Field Happys Heath Hayes Balti Heath Hayes Constitutional Club Heath Hayes Fish Bar Hazelslade Hednesford Bingo & Social Club Hednesford Ex Servicemens Club Hednesford Fish Bar Hednesford Park Hednesford Post Office Hednesford Town Centre Hednesford Town FC Hednesford Raceway Hen House Henry's Fish Bar Hewkin Automotive Ltd Hill Off Licence Hollywood Kebab House Home Bargains Cannock

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Licence holders continued Home Bargains Rugeley Hong Kong Chinese Food Takeaway Hope and Anchor Horns Inn Iceland Food Store Cannock Iceland Food Store Rugeley India Red Infinity Jade Garden Jasmine Tandoori Jolly Collier Jubilee Inn 2K's Convenience Stores KFC Kohinoor Balti Restaurant Lamb Lea Hall Colliery Sports & Social Lea Hall Miners Welfare Centre LIDL Libbys Bar Lido WMC Linford Arms Little Chef Longford House Lounge @ Orbital Plaza Lychee Vally Canonese Takeaway Man Kwan Kitchen Mayflower McColls McDonalds Restaurant Cannock Town McDonalds Restaurant Cannock Longford McDonalds Restaurant Heath Hayes Mill Farm Cavery Miners Arms Moderation Morrisons Cannock

Morrisons Rugeley Mossley Tavern Mr Tangs Chinese Restaurant Mr Sizzle Murco Cost Cutter Express Nest Netto Newhall Farm News & Booze Express Nicos Savva Ninety Five High Green Restaurant NISA Cannock NISA Hednesford Norton Canes Norton Canes Community Centre Norton East WMC Nuffield Health Club

OK Diner Ollys Bar

One Stop Cannock One Stop Hednesford 1

One Stop Hednesford 2 One Stop Norton Canes One Stop Rugeley Orbital Oriental Chinese Takeaway Padma Restaurant Pams News & Booze Park Gate Inn Peaceful Takeawy Pear Tree & District WMC Pearl City Takeaway Peking House Perfect Pizza Perfect Tipple Peters Kitchen Pied Piper Piques Wine Bar

Plaza Plaza Restaurant Plough Plough & Harrow Prairie Farm Premier Rose Cottage Premier Pub Company Ltd Prince of Wales Prince of Wales Theatre Princess Street Stores Pizza Hut Pot Black Prospect Village Hall Pursehouse Florists Pye Green Community Centre Pye Green Garden Rag Raj Rajbari Indian Cuisine Rajbari Tandoori Restaurant Railway Tavern Ramada Birmingham North Hotel Ravenhill Park Redbrook Hayes Com Primary School Redforte Tandoori Red Lion Rileys Snooker Club Rimni Pizza Roadchef Ltd Roebuck Royal British Legion Club Royal Oak

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Licence holders continued Rosehill Balti Ruby Express Rugeley Kebab House Rugeley Rose Cammunity Hall & Theatre Rugeley Spice Rugeley Town Centre Rugeley Youth Centre Rupa Balti Sainsburys Sahota Stores Saleem Bagh Samson Blewitt Sanam Balti House Shabab Restaurant Shalimar Sherbrook Primary School Shrew Shop 4 U Limited Sid's News Silks Night Club Silver Blades Somerfield Service Station South Staffordshire College Campus South Staffordshire College Spar Cannock Spar Rugeley Spar Heath Hayes Spar Brereton Spar (Tesco Service Station) Spice Merchant Spice of Hednesford Stafford Lane Stores Staffordshire County Council Stags Leap Star Burgers St John's Church Hall

St Lukes CD Primary School Stumble Inn Stones Subway Cannock Sycamore WMC Table Table & Premier Inn Tackeroo Taj Mahal Talbot Inn Heath Hayes Talbot Inn Rugeley Terrazza Tesco Stores Taylors Restaurant Terrazza Tiwana Drinks

Trafalgar Inn Trocadero Fish Bar

TR News U Bar U&S Wines Vaults Victoria Club

Victory Hall Village Store Vine Inn Vine Stores Water Margin Welcome WMC & Institute Westbourne Food & Wine West Cannock Sports & Social Club West End Wines White Hart White Lion Why Not Off Licence Wimblebury News Winding Wheel Wing Lee Chinese Food Wing Shun Yates Sports & Social Club Yew Tree Zafroni 3663

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DECEMBER 2010


SERVICE IMPROVEMENT

RESPONSES TO CONSULTATION

PROCESS & APPRAISALS


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ANNEX 3

ANNEX 3


DECEMBER 2010


SERVICE IMPROVEMENT

REVISED LICENSING POLICY


ANNEX 3

LICENSING ACT 2003

LICENSING POLICY 2011

ANNEX 3


LICENSING POLICY

AMENDMENT RECORD SHEET Amendment No Date Issued Revision 1 2 3

23 February, 2005 5 December, 2007 8 December 2010.

Council meeting on 23 February 2005 resolved to amend all references to Responsible Authorities, to include the Weights and Measures Authority (Trading Standards). Amendment following statutory consultation and review of the Policy by the Council on 5 December 2007. Amendment following statutory consultation and review of the Policy by the Council on 8 December 2010.

Executive Summary

Cannock Chase District Council`s Licensing Policy became operational on 7 February 2005 and is reviewed regularly. This document is the second update and takes account of statutory guidance issued by the Secretary of State.

The focus of the Policy is to ensure that the Licensing Objectives are met, licensees have proper control over licensed premise and that the premises are suitable for the licensed activities.

In addition, it seeks to balance the impact of the licensed activities on the local communities with the requirements of the Trade.

The Council recognises that providing effective information, guidance and education as well as ensuring proper enforcement are key factors in helping to ensure that the Licensing Objectives are met.

ANNEX 3

CONTENTS

1. PURPOSE AND SCOPE OF THE POLICY…………… Page 1

2. CUMULATIVE IMPACT ……………………………….... Page 3

3. LICENSING HOURS …………………………………….. Page 4

4. CHILDREN & LICENSED PREMISES ………………... Page 4

5. CONDITIONS OF LICENCE ……………………………. Page 6

6. INTEGRATING STRATEGIES …………………………. Page 7

7. PLANNING………………………………………………… Page 8

8. LIVE MUSIC, DANCING AND THEATRE……………... Page 8

9. DETERMINATION OF APPLICATIONS………………. Page 10

10. PERSONAL LICENCES………………………………… Page 13

11. TEMPORARY EVENT NOTICES………………………. Page 14

12. REVIEW OF LICENCES ………………………………... Page 15

13. ENFORCEMENT ……………………………………….... Page 16

Appendix A……………………………………………….. Page 17

Appendix B……………………………………………….. Page 18

Appendix C……………………………………………….. Page 19

Appendix D……………………………………………….. Page 22

ANNEX 3

1

CANNOCK CHASE DISTRICT COUNCIL

LICENSING POLICY

1 Purpose and Scope of the Policy

1.1 This Statement of Licensing Policy; revised on 8 December 2010, is intended to meet Cannock Chase District Council’s obligations as the Licensing Authority under Section 5 of the Licensing Act 2003. The document has been updated in accordance with statutory requirements and should be read in conjunction with both the Licensing Act 2003 (“The Act”) and Guidance issued by the Secretary of State (SoS) under Section 182 of the Act.

1.2 The policy became operational on 7 February 2005 and is reviewed, subject to appropriate consultation, regularly and at least once in every 3 year period. This assists the Council in assuring the policy’s effectiveness in helping all parties who might have regard to it, meet the licensing objectives. The document is intended to be the instrument by which The Council will administer, enforce and execute its duties under the Act. Regard will also be had to the Council’s duties with respect to equality and diversity issues.

1.3 Nothing within this policy is intended to prevent any applicant from applying for a variety of permissions under the Act. It should be noted that where licence applications are free from valid representation, there is an automatic legal presumption that the licence application shall be granted.

1.4 Cannock Chase District Council (The Council) and the Licensing Sub Committee in particular, will carry out its licensing function by taking this Licensing Policy into account wherever its discretion is engaged. The clear intention is that of promoting the 4 statutory licensing objectives on an equal basis. These are:

• The Prevention of Crime and Disorder

• Public Safety

• The Prevention of Public Nuisance

• The Protection of Children from Harm

1.5 The Council regulates all licensable activities as defined by the Act. Such activities will require the benefit of an appropriate authorisation obtained from the Council’s Licensing Unit. Authorisation means a Premise Licence, a Club Premises Certificate or a Temporary Event Notice.

1.6 Licensable activities are defined by the Act as:-

• the sale by retail of alcohol;

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• the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club;

• the provision of late night refreshment between 11pm and 5am. (This will include mobile catering vans at any location in the District during that time)

• the Provision of regulated entertainment, which includes:

• a performance of a play

• an exhibition of a film

• an indoor sporting event

• a boxing or wrestling entertainment

• a performance of live music

• any playing of recorded music

• a performance of dance

• entertainment of a similar description to that falling within the performance of live music, the playing of recorded music and the performance of dance

• entertainment

where the entertainment takes place in the presence of an audience and is provided for the purpose of entertaining that audience.

1.7 Also included in the definition of regulated entertainment are entertainment facilities which enable persons to take part in the regulated entertainment of a description given above, for the purpose, or for purposes which include the purposes. The descriptions of entertainment facilities are:

• making music

• dancing

• entertainment of a similar description to that falling within making music or dancing

1.8 In order for regulated entertainment to require authorisation it must essentially be provided to any extent for members of the public or for members/guests of a qualifying club, or in any other case, with a view to making a profit.

1.9 The expectation of the Council is that licensed premises shall be well run and well managed. The emphasis of the policy is on ensuring the promotion of the licensing objectives and proper management and control of licensable activities.

The focus of the policy is:-

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• to ensure that the licensing objectives are met;

• to ensure individual licensees have proper control over the premises;

• on the suitability of premises or places being used for licensable activities;

• on the direct impact of licensable activities on those living, working or otherwise engaged in the area concerned; and,

• on the impact of those activities on the amenity of the immediate residential area and the wider community.

1.10 The Secretary of State’s Section 182 Guidance makes it clear that the licensing regime is not the primary mechanism by which nuisance and anti- social behaviour will be controlled once patrons are away from licensed premises. Control over these matters will necessarily be the responsibility of other primary enforcement agencies such as Staffordshire Police, the Council’s Environmental Protection Section and in certain circumstances, Staffordshire County Council’s Trading Standards.

1.11 The Council recognises it has a duty to protect the amenity of local residents in mixed commercial and residential areas of the district. It also has a duty under Section 17 of the Crime and Disorder Act 1998 with regard to the prevention of crime and disorder within its area. In order to help ensure that the Council meets these responsibilities, it will work in partnership with licence holders, Staffordshire Police, responsible authorities, local businesses, local people and others with the aim of promoting the licensing objectives.

1.12 Some of the many ways crime reduction might be achieved within the Cannock Chase area are given as Appendix A to this document.

1.13 The Licensing Policy will respect the individual characteristics of all premises and land concerned. It is recognised that pubs, nightclubs, restaurants, hotels, theatres, and other clubs may all wish to sell alcohol and serve food with contrasting types of patrons, styles of entertainment and characteristics. Proper regard will be given to those differences and the differing impact they are likely to have on the promotion of the licensing objectives.

2 Cumulative Impact

2.1 Cannock Chase Council does not currently have a cumulative impact policy. Such a policy would be necessary if the Council believed that an area within its district is already saturated with certain types of licensed premises. The effect of adopting such a policy would be to create a rebuttable presumption that a licence application, which is likely to add to the existing cumulative impact, will normally be refused following relevant representation.

2.2 The detrimental cumulative impact of licensed premises providing late night refreshment or primarily or wholly selling alcohol in a particular area is a matter which the Licensing Authority will consider should it be necessary to do so. However, the issue of whether or not there is a need for such premises is

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not a matter for such consideration. This relates to the commercial demand for a particular type of premises and is therefore more properly a matter for market forces to decide as well as the local planning regime.

2.3 The cumulative impact of licensed premises on a particular area and the need for the Council to adopt a special policy designed to address the problem, would only be considered following relevant, evidence based representations from the police, another responsible authority, or from interested parties within the vicinity of the premises concerned.

3 Licensing Hours

3.1 The Council wishes to emphasise that it will properly consider the individual merits of any application. It is clear that longer licensing hours with regard to the sale of alcohol may be an important factor in avoiding a concentration of customers leaving premises simultaneously, however, it must also be recognised that even smaller numbers of patrons leaving licensed premises over a longer period of time, may still lead to significant and persistent problems of disorder and/or public nuisance.

3.2 The Council acknowledges that greater consumer choice and flexibility is an important consideration when it comes to encouraging a thriving night time economy. This is important for local investment and employment opportunity. However, it must be understood that where the discretion of the Licensing Sub Committee is engaged, the Licensing Policy may presume against longer licensing hours where they would have a material impact upon the licensing objectives. Reasons would be given for such a decision.

3.3 Shops, stores and supermarkets will generally be permitted to sell alcohol for consumption off the premises during their normal opening hours. However, where individual premises are the focus for public disturbance and disorderly behaviour, these premises may be the subject of an application for review of their premises licence and the limitation on licensing hours may be considered appropriate.

4 Children and Licensed Premises

4.1 The Council recognises the great variety of premises for which a Premises Licence may be sought. These will include theatres, cinemas, restaurants, pubs, nightclubs, cafes, takeaways, community halls and schools. However, in the case of premises which are used exclusively or primarily for the supply of alcohol to be consumed on those premises, it is an offence to allow anyone under the age of 16, unaccompanied by an adult, to be present on such premises.

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4.2 Similarly, where the consumption of alcohol takes place but is not the exclusive or primary activity at a particular venue, such as a hotel or cinema for example, those under 16 are not allowed to be unaccompanied between 12 midnight and 5am.

4.3 The admission of children into licensed premises will always be at the discretion of the licence holder/management and this should be reflected in the operating schedule submitted to the Council upon application.

4.4 The Council will not seek to limit the access of children to any premises unless it receives representations to that effect based on the prevention of physical, moral or psychological harm to children. The responsible authority in these matters is Staffordshire County Council through its Corporate Director (Partnerships & Service Development) Children & Lifelong Learning. Contact details are given in the Explanatory Note at the end of this document.

4.5 Applicants are encouraged to propose their own prohibitions or restrictions where it is felt that the presence of children would be undesirable or inappropriate.

4.6 Examples of areas which may give rise to concern in respect of children include premises:-

• where nudity or entertainment of an adult or sexual nature is provided;

• where there is a strong element of gambling taking place;

• with a known association with drug taking or dealing;

• where there have been convictions of current staff for serving alcohol to those under 18;

• with a reputation for underage drinking.

4.7 In cases where it is considered necessary, options available for limiting access by children could include:-

• a limit on the hours when children may be present;

• a limitation or exclusion when certain activities are taking place;

• the requirement to be accompanied by an adult;

• access being limited to parts of the premises only;

• an age limitation (for under 18s).

4.8 At premises where theatrical entertainment specifically tailored for children takes place, for example, at a children’s show or pantomime, it would be appropriate for the applicant to consider whether there are sufficient adult staff

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at the premises in order to meet the licensing objectives and ensure the well being of the children in the event of an emergency.

4.9 In the case of premises which are used for film exhibitions, applicants are expected to include in their operating schedule arrangements for restricting access to children in order to meet the required age limit in line with any certificate granted by the British Board of Film Classification.

4.10 here a redundant condition exists upon a licence which prohibits children from being on the premises at certain times, the said condition may be removed from the Premises Licence by means of the simplified Minor Variation procedure.

4.11 It is illegal to sell tobacco products to anyone under the age of 18 over the counter and vending machine sales. See www.tobaccochange.co.uk

5 Conditions of Licence

5.1 This Policy will aim to avoid duplication with other statutory or regulatory regimes such as Health & Safety, Crime & Disorder, Environmental Protection or Fire Safety. These regulatory regimes already place obligations upon employers and operators e.g. The Health & Safety at Work Act 1974 and the Regulatory Reform (Fire Safety) Order 2005.

5.2 In circumstances where existing legislation or regulations do not readily promote the licensing objectives, it may be necessary for the Council, where their discretion is engaged, to attach additional conditions to the licence once appropriate licensing procedures have been followed. Such conditions will be tailored to the individual style and characteristics of the premises and events concerned.

5.3 Each case will need to be assessed on its own individual merits and any necessary conditions will be considered in relation to the promotion of licensing objectives. Blanket conditions will not be used however; consideration may be given to using the pool of conditions contained within Annex D of the Guidance issued by the Secretary of State under Section 182 of the Act.

5.4 Conditions will reflect local crime prevention and other strategies. They will be necessary in order to promote the licensing objectives and will not be burdensome or disproportionate. Any conditions not listed in the Annex D Pool of conditions will be specifically worded by the Licensing Authority and attached to licences as appropriate.

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5.5 The Council will issue premises licences which reflect the operating schedule provided by the applicant. For this reason, the operating schedule should cover all aspects of the premises in question and cover in some detail how the four licensing objectives will be addressed.

5.6 Where conditions are offered but are not worded in a manner which is readily enforceable, discussion will take place between the applicant and the Licensing Unit with the intention of ensuring that the said conditions are both clear and readily enforceable.

5.7 Applicants should note, however, that conditions for the control of noise in particular, may be agreed or imposed following representation or review where premises give rise to justified complaint. Such conditions may seek to:

• control noise from its source; including the use of noise limiting devices, and the number, size, power output and positioning of speakers;

• control the breakout of noise from the premises itself; including the provision of mechanical ventilation and air conditioning where appropriate;

• control patrons leaving the premises and facilitate their speedy dispersal in order to minimise annoyance.

• restrict access to outside areas where people go to smoke and/or drink.

5.8 The Health Act 2006, makes it an offence to smoke or permit smoking in an enclosed or substantially enclosed public place. Fixed penalty notices will initially be issued to those who smoke within licensed premises and those who permit smoking will be dealt with where necessary, through the Magistrates’ Court. Licence holders should also be aware that patrons using outside areas to smoke late at night may create public nuisance contrary to the licensing objective.

5.9 As part of their expectation that licensed premises should be well run and well managed, the Licensing Authority will encourage licence holders and Designated Premises Supervisors (DPS) to consider restricting the hours during which their beer gardens may be used by patrons so as to prevent nuisance being caused to nearby residents. Licence holders should also actively discourage smokers from taking their drinks outside late at night.

5.10 It should also be noted that licence holders who permit patrons to smoke within their premises would be in breach of the crime and disorder licensing objective.

5.11 The Council will not impose blanket conditions upon a licence or general limitations which would pre-determine an application, nor will it seek to control trading hours in a particular area without proper justification.

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5.12 Where a condition exists upon a licence which the licence holder believes can be removed or modified without there being a significant impact upon the licensing objectives, then the condition may be removed from the Premises Licence by means of the simplified Minor Variation procedure.

5.13 Equally, where any minor modification to the licence is required for:

• Minor changes to the structure or layout of a premises:

• Small adjustments to licensing hours:

• Removal of out of date irrelevant or unenforceable conditions:

• Adding certain licensable activities, including live music:

this may also be achieved by way of the simplified Minor Variation procedure. Alcohol cannot be added to a licence in this manner and a full application for variation of a licence would need to be made.

5.14 Community premises may now make application to the Licensing Authority for the removal of the mandatory condition relating to the requirement for a Designated Premises Supervisor (DPS) and personal licence. Where such application is made, the Licensing Authority will expect the applicant to put forward a robust procedure by which they will ensure that the licensing objectives will not be compromised by the removal of the DPS.

6 Integrating Strategies

6.1 The Council acknowledges the importance of securing partnership and proper integration with the local planning regime, the local Crime and Disorder Reduction Partnership, both national and local transport and cultural strategies as well as the visitor economy. The Council will ensure that from time to time it is kept informed on issues relating to all these matters in order that they can be reflected with their considerations.

6.2 As part of an agreed enforcement protocol, where the police have identified a particular need to disperse people from a town centre swiftly and safely, the Council will endeavour to inform those responsible for providing local transportation so that arrangements can be made in an attempt to reduce the potential for problems to occur.

6.3 The Council has no artificial limit on the number of licensed hackney carriages or private hire vehicles permitted within the District. This assists with the dispersion of patrons from licensed premises. A taxi marshalling scheme may be quickly established by the licensing authority at times of particular need e.g. the World Cup, however, at times, it may be necessary for licensed premises to provide a similar scheme outside their own premises where there is a need to do so in order to ensure that the licensing objectives are met.

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6.4 There are a number of wider issues which may need to be given due consideration when carrying out the licensing function. These include the Government’s Alcohol Harm Reduction Strategy and Cannock Chase Council’s Corporate and Cultural Strategies.

7 Planning

7.1 The Council will ensure proper separation of the planning and licensing regimes. Consequently, it will be necessary for applicants themselves to ensure that they contact the Planning Department so as to obtain appropriate permissions where it might be necessary for them to do so.

7.2 Licensing decisions will not cut across decisions taken by the planning committee or permissions granted on appeal. However, there is no legal basis for Licensing Authority to refuse a licence application because it does not have planning permission.

7.3 In some cases, it is possible that the same premises has different hours of operation and in particular, the closing times, upon its planning permission and premises licence. This is because there are different criteria required to be complied with in order to obtain the different permissions.

7.4 The Council will receive, from time to time, reports on the need of the local visitor economy and the local employment situation to ensure these matters are reflected in their licensing considerations.

8 Live Music, Dancing and Theatre

8.1 Local cultural strategies value experience, identity, cultural, religious and historical diversity, experience, relationships and future generations. They have at their core the intention to improve the quality of life within the Cannock Chase District. The Council is therefore aware of the need to encourage a broad range of entertainment, particularly live music and dancing as well as a range of traditional theatre performances for the wider cultural benefit of children in particular and communities generally.

8.2 To this end, the Council has licensed all of its town centres and some of its town parks so that a wide range of licensable activities can take place subject to prior notification and agreement.

8.3 The public spaces which are currently licensed by the Council are listed below:

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• Cannock Town Centre

• Rugeley Town Centre

• Elmore Park, Rugeley

• Ravenhill Park, Brereton, Rugeley.

• Hednesford Town Centre

• Hednesford Park

8.4 A full list of land licensed by this and other licensing authorities countrywide is available at the Department of Culture Media & Sport (DCMS) website’s register of local authority licensed register of public spaces.

8.5 Performers or entertainers who wish to use land licensed by the Council will need to obtain permission to do so by contacting the Licensing Unit. There is no fee payable but it will be necessary to complete a simple application form. If the proposed land is not already licensed then it will be necessary to authorise licensable activities by means of a Temporary Event Notice for which a fee may be payable.

8.6 If a significant event is proposed, then it may be necessary to provide an appropriate risk assessment completed by a competent person.

8.7 In carrying out its licensing function, the Council will take care to avoid measures which might deter live music, dancing or theatre. Noise may however be a particular issue at such events and any restrictions will be proportionate and reasonable in accordance with the licensing objectives.

8.8 Applicants should note that generally speaking the musical entertainment at travelling Funfairs is considered to be incidental to the main attraction. The rides themselves do not require licensing as they do not constitute regulated entertainment. However, Circus music and dancing are integral to the main attraction and do constitute regulated entertainment.

8.9 Where a temporary event is proposed for regulated entertainment, it is good practice to ensure that the Notice is served as early as possible, giving at least 15 working days notice. Legislation requires notice to be given to the Council and Police a minimum of 10 working days before the event takes place and it should be noted that this timescale is statutory and the licensing authority has no discretion in extending this deadline. If the TEN is received within 10 working days of the proposed event then it will not be authorised.

8.10 Applicants for premises licenses are encouraged to make themselves aware of any relevant planning and transportation policies, as well as tourism, cultural and local crime prevention strategies and to have taken these into account, when formulating their operating schedule.

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9 Determination of Applications: Premises Licences & Club Premises Certificates

9.1 To help ensure swift and cost effective determination of the licensing process, applications will be determined in accordance with the criteria set out in Appendix B of this document. Applicants are encouraged to contact the Council’s Licensing Unit prior to submitting any application so that informal discussions might take place. Electronic applications can be accepted through the Electronic Licence Management System (ELMS).

9.2 The Council’s administration and enforcement functions with respect to licensing, will, for the most part, be carried out under delegated powers by authorised officers. However, where it is necessary to engage the Council’s discretion upon objection to a licence application, the licensing function will be undertaken by a Sub-Committee of the Licensing & Public Protection Committee. A Site Visit Protocol exists where it is considered necessary for Members to visit a particular premises.

9.3 Where bone fide representation which relates to the licensing objectives is received for any application for the grant or renewal of a licence and is not subsequently withdrawn, the matter will be determined by the Council in accordance with the criteria set out in Appendix B of this document.

9.4 The issue of whether or not a representation is valid and received from somebody who lives within the vicinity of a given premises will be dealt with by Officers who will endeavour to ensure that the vicinity is defined on its own merits and is a measurable distance for all to understand.

9.5 Representations which are of a repetitive, frivolous or vexatious nature, cannot be considered by the Council and this matter will be dealt with by officers under delegated powers.

9.6 As part of the application process for a premises licence or club premises certificate, applicants will be required to submit their completed application form, the fee payable and, where appropriate, an operating schedule which addresses, in particular, how the applicant intends to address each of the 4 licensing objectives. Applications must also include a plan of the premises in the form prescribed by regulation and the application will need to be advertised in accordance with the Regulations.

9.7 Those who make applications for a Club Premises Certificate must ensure that the premises complies with the conditions required by section 62 of the Licensing Act 2003.

9.8 The operating schedule must refer to the steps being taken in order to promote the 4 licensing objectives and such an assessment should result from an appropriate assessment of the risk which has particular regard to the style

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and characteristics of premises concerned as well as the licensable activities to be provided at the premises. The applicant should consider how local residents might be affected by the application and what comments the responsible authorities might make about such matters as disorder, public safety or noise nuisance.

9.9 The operating schedule shall also include information relating to licensing hours, any arrangements made for adult entertainment on the premises and the style, nature and location of the premises concerned. Importantly, it must also clearly address what measures are to be taken to protect children from harm if they are to be admitted onto the premises.

9.10 Adult entertainment is only authorised where the Premises Licence clearly states that such entertainment is permitted. New applicants should ensure that where adult entertainment is proposed it is requested on any application submitted. Existing licence holders should be aware that if it is not mentioned upon their current Premises Licence then a variation to the licence or a TEN will be required before such entertainment takes place. The Council will consider the adoption of a new Sex Establishment Policy, which will deal with the interface between the sex establishment provisions of the Policing & Crime Act 2009 and the Licensing Act 2003.

9.11 The Council expects that staff will be trained to recognise their legal responsibilities and this should be addressed within the operating schedule. Matters for inclusion in the training will include the awareness that the following acts are unlawful:-

• knowingly selling or supplying alcohol to person who is already drunk;

• selling or supplying alcohol to persons under 18 years of age;

• permitting disorderly conduct on licensed premises.

9.12 Those who are responsible for high profile town centre drinking establishments are encouraged to address the following matters which should be included in their operating schedule:-

• controlling the capacity of the premises to prevent overcrowding;

• ensuring adequate seating for customers;

• ensuring the provision of SIA registered door supervisors to control capacity and prevent access to those who are already drunk or likely to create disorder.

9.13 In order to assist applicants in considering the matters raised above, Guidance issued under section 182 of The Act by the Secretary of State (SoS) for the Department of Culture, Media and Sport may assist applicants in this matter. Each of the licensing objectives is considered by the SoS as well as how applicants might ensure that they are not compromised.

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Annex D to the Guidance gives guidance on:-

• The Prevention of Crime and Disorder:

Matters such as the style, location, capacity and activities being conducted at the premises as well as operating hours, CCTV, drugs policy, bottle bans, the use of plastic or toughened glasses, notices, proof of age cards and Security Industry Authority (SIA) registered door supervisors are all addressed. Further advice on this licensing objective may be sought from Staffordshire Police.

Licence holders who choose to remove Door Supervisors from their doors following a ‘risk assessment’ by them, may be asked to provide written evidence that such a risk assessment has taken place.

• Public Safety

Advice on disabled access, escape routes, lighting, upholstery, safety checks, first aid and special effects is given as well as the important issue of capacity limits.

The issue of capacity must be dealt with in accordance with the Regulatory Reform (Fire Safety) Order 2005, which requires all licensed premises to undertake a written risk assessment which must include the safe capacity limit of the premises. A simple guide to calculating capacity of a premises is given as Appendix C to this document.

• The Prevention of Public Nuisance

The nature, style and location of the premises as well as the type of clientele involved will need to be considered and an assessment of risk will need to be undertaken. Other matters such as hours of opening, noise and vibration, smells and light pollution are also dealt with.

• The Protection of Children from Harm

Encourages applicants to consider general matters such as whether children should be allowed access to the premises. As well as this proof of age cards, age restrictions, the suitability of entertainment and responsible retailing of alcohol are considered.

9.14 Premises Licence Holders whose authorisations only permit off sales must ensure that they have considered aspects such as anti social behaviour around their premises as well as the issue of under age sales to those who are not yet 18 years of age and proxy sales to adults who will buy alcohol for children.

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9.15 Those who sell alcohol by wholesale or door-to-door must be aware that the selling of alcohol to the public is a licensable activity. The only exemptions are for selling alcohol to those who hold a premises licence, a club premises certificate or are a premises user with a temporary event notification. Exposing for sale or selling alcohol without proper authorisation is an offence.

9.16 Where applicants are unable to provide a detailed operating schedule for a proposed premises, it may be in the applicant’s interest to make application for a Provisional Statement. This will permit flexibility in changing such details when a full application for a Premises Licence is made at a later date. It will also provide assurances that any further representations will be restricted at the premises licence application stage.

10 Personal Licences

10.1 Applicants for personal licences must recognise that the licensing objectives are an important consideration when their application is being determined. Once at work, licence holders will be under pressure to maintain order, minimise anti-social behaviour on licensed premises and help prevent disorder and nuisance caused by excess alcohol consumption. Applicants must also be aware of their responsibilities to the wider community and must demonstrate a willingness to recognise their social responsibilities through a beneficial relationship with the enforcement agencies.

10.2 Personal licences will remain valid for 10 years unless suspended, surrendered or revoked. There is no fit and proper test in relation to licence holders however, applicants should be free from police objection and must:

• be aged 18 or over;

• produce a relevant Criminal Records Bureau disclosure issued no more than 1 month prior to application being made;

• possess a licensing qualification accredited by the Secretary of State;

• not have forfeited a personal licence within 5 years of the application;

• provide the appropriate fee.

10.3 Personal licence holders have a statutory duty to notify the issuing licensing authority of any change to their name or address. In doing so licence holders must advise the Council in writing of their new details and return the 2 part personal licence to the Council along with the appropriate fee. Please note that failure to do so may result in enforcement being taken upon renewal of the licence.

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10.4 If summoned before a Court, personal licence holders have a duty to inform the Court that they are a personal licence holder. They must then notify the Council without delay, of any relevant offence they have been convicted of. This information is printed on the back of the credit card size part of the personal licence.

10.5 Not every person who sells alcohol at licensed premises needs to hold a personal licence. However, every licensed premises that sells alcohol must have a Designated Premises Supervisor (DPS) who:

• must be a personal licence holder;

• must authorise the sale of alcohol; and

• should be responsible for the day to day running of the premises.

10.6 Where no DPS or other personal licence holder is physically present during the sale of alcohol, the Council will encourage those who do not hold a Personal Licence to be authorised to sell alcohol in writing. The said authorisation should be kept in a place where it may be made available for inspection to any police officer or authorised officer of the Council upon request.

10.7 It is a mandatory condition upon every licence where alcohol is sold, that every sale of alcohol must be authorised by a personal licence holder. It follows that the more trained personal licence holders employed at a licensed premises, the easier it will be to comply with the legislation.

11 Temporary Event Notices

11.1 A system of Temporary Event Notices (TEN) facilitates the temporary cover for licensable activities upon premises, such as the sale or supply of alcohol, the provision of regulated entertainment or the supply of late night refreshments which are not already authorised by a either a premises licence or a club premises certificate. The TEN process is one of notification to the licensing authority and the police by the giver of the notice. Premises includes land.

11.2 Notification of such temporary events is required by law and may be given either by personal licence holders or others who are aged 18 years or over. Note that at least 10 working days notice of the event must be given to the Council and Staffordshire Police. Failure to do so will mean that the insufficient time is given for the police to object to the notice and therefore the TEN will be refused and returned without the fee.

11.3 It must also be recognised, that limitations apply to such Temporary Event Notices. These include:

• the payment of a statutory fee;

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• a restriction on the number of times a person may give a TEN (50 times in any year for personal licence holders and 5 times per year for other people);

• a restriction on the number of times a TEN may be given in respect of a particular premises (12 times a year);

• the maximum aggregate duration of the periods covered by the TEN at any one premises; (12 times a year covering a maximum of 15 days)

• the length of time a TEN may last (96 hours maximum);

• the scale of the event in terms of the number of people attending the event (a maximum of 499 people within the licensed area)

11.4 Those who give notice of a TEN must be aware of relevant offences within the Act; the potential for police objection to the event and their powers to close premises where the licensing objective relating to the prevention of crime and disorder maybe or has been undermined.

11.5 Applicants should also be aware of the need for proper respect for the concerns of local residents, the requirements of legislation relating to matters such as health and safety, fire safety, noise nuisance, and food safety, plus the need for any planning or other permissions and the need to prevent anti-social behaviour. TEN applications may be referred to the responsible authorities given in Appendix D for their attention if it is considered appropriate to do so.

12 Review of licences

12.1 Where possible, the Council’s responsible authorities will aim to give licence holders or DPS’ early warning of any concerns about the premises which may have been identified. The Licensing Authority will encourage and facilitate dialogue between the parties with a view to resolving problematic issues and helping to prevent formal application for review being made.

12.2 Whilst individual elected Members are able to, the licensing authority itself is unable to initiate a review. The role of the Licensing Authority is to administer the process and determine its outcome at a hearing. Those who approach the licensing authority with a view to making application for review of a premises licence will, in the first instance, be directed to the most relevant responsible authority that may help them.

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12.3 Application for review must be evidence based and the onus will be on the applicant to demonstrate that the licensing objectives have been or will be compromised.

12.4 Where an application for review of a premises licence is received and not withdrawn, then there will be a need for a hearing to take place. It should be expected that serious consideration will be given to the revocation of a licence even in the first instance where the licensing objective of crime and disorder is being undermined.

12.5 Where the discretion of the Licensing Sub Committee is engaged, they will seek to balance the benefit to the community of a licensed venue with the need to ensure that the licensing objectives are met as well as protect the amenity of local residents from noise and disturbance.

12.6 The possible actions that may be taken by the Licensing Sub Committee in order to achieve this are,

• to take no action;

• to modify the conditions of the licence;

• to exclude a licensable activity from the scope of the premises;

• to remove the Designated Premises Supervisor;

• to suspend the licence for a period not exceeding 3 months; or,

• to revoke the licence.

12.7 Following a review process where the status quo is maintained or where any licence is modified, suspended or revoked, any party involved in the Hearing may engage in the appeal process which is available through the Magistrates’ Court.

12.8 Where the Licensing Sub Committee is convened and agreement is reached between parties prior to, or during the hearing, then any such agreement must be ratified by the Sub Committee.

13 Enforcement

13.1 The regulation of licensable activities by the Licensing Authority can only seek to control those measures which are within the control of the licensee and in the vicinity of the premises. Licensees are under a duty to ensure that the licensing objectives are being achieved and can make a substantial contribution to the reduction of crime and disorder in and around the premises as well as upon public nuisance, the public safety and protecting children from harm.

13.2 The Council will establish protocols with the police and other enforcing authorities where appropriate, for assessing risk. These protocols will provide for the targeting of problem and high-risk premises. A lighter touch will be applied to those premises which are shown to be well managed and maintain high standards.

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13.3 Those who do not enter into a socially responsible partnership with enforcement and other agencies must recognise that they will be at risk of greater attention from the police and other responsible authorities than licensees, managers and designated premises supervisors who actively co-operate.

13.4 In general, action will only be taken in accordance with agreed enforcement procedures and principles in line with the Council’s own enforcement policy. To this end, the key principles of consistency, transparency and proportionality will be maintained. The Council recognises that providing effective information, guidance and education as well as ensuring proper enforcement are key factors in helping to ensure that the licensing objectives are met.

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1

APPENDIX A

The Council is keen to encourage the wide range of mechanisms available to licence holders, enforcement agencies and others for addressing issues such unruly or disorderly behaviour both within and outside the licensing regime.

The following list is not exhaustive but includes:-

• Encourage membership of and participation in local ‘Pub Watch’ and other crime prevention schemes.

• Measures to provide safer and cleaner environment in partnership with local businesses, the local authority and others.

• Powers to designate parts of the District as places where alcohol may not be consumed in public.

• Confiscation of alcohol from adults and others in designated areas.

• Police enforcement of the general law with regard to disorder and anti-social behaviour including the issue of fixed penalties.

• Police powers to close some premises instantly for up to 24 hours in extreme cases of disorder or excessive noise under part 8 of the Licensing Act 2003.

• The Council’s Environmental Protection Section’s powers under section 40 & 41 of the Anti Social Behaviour Act 2003, to shut premises (including those authorised by a Temporary Events Notice) for up to 24 hours.

• The Clean Neighbourhoods and Environment Act 2005 provides the Council with powers to issue a fixed penalty notice to any licensed premises emitting noise that exceeds the permitted levels between the hours of 11pm and 7am.

• The power of police, local businesses or residents and others to seek a review of Premises licenses.

• The prosecution of those who commit offences under The Act, including those who sell alcohol to people who are already drunk or who are under age.

• Encouraging use of CCTV in ‘problem’ areas.

• Enforcement and use of planning controls.

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APPENDIX B

DELEGATION OF FUNCTIONS

Matter to be dealt with Sub Committee Officers Application for personal licence If a police objection If no objection

made Application for personal licence with unspent convictions

All cases

Application for premises licence/club premises certificate

If a relevant representation made

If no relevant representation made

Application for provisional statement If a relevant

representation made If no relevant representation made

Application to vary premises licence/club premises certificate

If a relevant representation made

If no relevant representation made

Application to vary designated premises supervisor

If a police objection All other cases

Request to be removed as designated premises supervisor

All cases

Application for transfer of premises licence

If a police objection All other cases

Applications for interim authorities If a police objection All other cases

Application to review premises licence/club premises certificate

All cases

Decision on whether a complaint is irrelevant frivolous vexatious etc.

All cases

Decision to object when local authority is a consultee and not the relevant authority considering the application

All cases

Determination of a police objection to a temporary event notice

All cases

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PROCEDURE FOR CALCULATING THE MAXIMUM OCCUPANCY CAPACITY IN LICENSED PREMISES

Note: This is for general guidance only. For issues regarding specific occupancy levels the local licensing authority should be contacted.

Introduction

As part of the new licensing process the applicant will, in many cases, be required to provide maximum occupant capacities for their premises as part of the operating schedule.

In premises that already have a maximum occupancy capacity under their existing public entertainment licence, or other similar licences, that number would normally suffice on the new application.

Calculating Occupancy

For premises that have no maximum occupancy capacity, the following guidelines should be followed:

1. Applicants responsible for premises that have recently been structurally altered or are new should refer to the occupant capacity guidelines given in the Building Regulations 2010 (Approved Document B) (ISBN 10-1-85946-262-6)

2. Applicants responsible for existing premises should refer to the “Fire Safety Risk Assessment– Small and Medium Places of Assembly”. (ISBN 978 185112 820-4), downloadable from the www.communities.gov.uk website.

3. As an alternative to 1 and 2 above occupancy figures for relatively simple premises may be

determined by the following method. Step 1-Potential Occupancy Calculate the available licensed area in square metres. Areas occupied by fixed seating, pool tables, stages, bar serveries, etc, should be excluded from the calculation. From this figure an occupancy figure can be determined by allowing 1m

2 per person for

restaurant/dining areas, 0.5m2 per person for general drinking areas and 0.3m

2 within 2m of the

server. Add to this figure the number of fixed seats and the numbers of staff/performers who may be present and you now have the total potential occupancy. Step 2-Determine the number of exits required For a maximum occupancy of up to 60 persons a single door may be sufficient providing it has a clear width of 750mm (the door may open inwards or outwards). However, no person should have to walk more than 18m to reach the exit. For numbers over 60 there should be 2 doors and it is assumed that the largest exit door will be unavailable should a fire occur. Therefore, for occupancies up to 100, two 750mm doors, sufficiently far apart and both opening in an outwardly direction will be required. For numbers up to 200, two outwardly opening doors of 1050mm will be required. Alternatively, three doors of 750mm would suffice.

APPENDIX C

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For numbers over 200 doorway widths should be increased by 75mm for every additional group of 15 people. However, at this point, advice should be sought from the above guidance documents if numbers are substantially more. The Fire Authority should be consulted if the occupancy figures appear to exceed the available doors or exit widths

Example

Measure the available area of the room. Do not include fixed seating, pool tables and bar serveries etc.

12 x 8 = 96m² 4 x 2 = -8 6 x 1 = -6

Floor area = 82m² People could be closer together within 2 metres of the bar so subtract that from the overall floor area (2 x 6) + (2 x 1) + (π x 2²/4) = 12 + 2 + 3 = 17m² 82 – 17 = 65m² Standing in the room 0.5m² (65m² divided by 0.5) = 130 Plus next to the bar 0.3m² (17m² divided by 0.3) = +56 Plus the number of seats = + 6

12m

8m

4m

2m

1050mm

1050mm

6m

1m servery

2m

2m

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Plus the number of staff = +2 Therefore potential occupancy = 194 people. But can this many people get out safely? If the best door is not available because of a fire then alternative exits must be available.

Width of escape routes and exits Maximum number of persons Minimum width (mm) 60 750

110 850 220 1050

More than 220 +5mm per person

Up to 220 people can escape through the 1050mm wide door so occupancy of 194 is acceptable.

1050mm

servery

1050mm

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APPENDIX D RESPONSIBLE AUTHORITIES STAFFORDSHIRE POLICE The Chief Constable, Staffordshire Police Headquarters, Cannock Road, Baswich, Stafford, Staffordshire. ST17 0QG 01785 257717 FIRE AND RESCUE SERVICES Staffordshire Fire and Rescue Service SHQ Pirehill Stone, Staffordshire. ST15 0BS 08451 221155 HEALTH AND SAFETY Head of Environmental Health, Civic Centre, Beecroft Road, Cannock, Staffordshire. WS11 1BG 01543 462621 01543 464200 OR Health & Safety Executive Lyme Vale Court Lyme Drive Parklands Business Park Trent Vale Stoke on Trent ST4 6NW Tel; 01782 602300

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PLANNING SERVICES Head of Planning & Regeneration Civic Centre, Beecroft Road, Cannock, Staffordshire, WS11 1BG 01543 462621 01543 464485 ENVIRONMENTAL PROTECTION (Including noise control) Head of Environmental Health, Civic Centre, Beecroft Road, Cannock, Staffordshire WS11 1BG 01543 462621 01543 464200 CHILD PROTECTION Staffordshire County Council, Deputy Corporate Director (Partnerships & Service Development) Children & Lifelong Learning The Walton Building, Martin Street, Stafford. ST16 2LH 01785 223121 TRADING STANDARDS Staffordshire County Council, Community Services (Trading Standards), Community Safety Team, 14 Martin Street, Stafford, Staffordshire. ST16 2LG 01785 277888

EXPLANATORY NOTE THESE NOTES DO NOT FORM PART OF THE POLICY

The Licensing Act 2003 marked the end of the old licensing regimes and replaced them with a new modern more flexible system. The 2003 Act integrates six existing licensing regimes (alcohol, public entertainment, cinemas, theatres, late night refreshment house and night café), into a single system which places a statutory duty on the Council, as the Licensing Authority, to promote the four new licensing objectives. This Policy is developed in accordance with guidance issued by the Secretary of State for Culture, Media and Sport under section 182 of the Licensing Act 2003. A copy of the guidance, which will assist you in preparing your Operating Schedule, is available at: www.culture.gov.uk/alcohol_and_entertainment It is important that you familiarise yourself with the section 182 Guidance as it contains information, particularly within Annex D, which you will need in order to be able to submit a comprehensive operating schedule. This is the first time that restaurants, cinemas, takeaways and mobile catering vans will have been licensed in this manner. The licensing regime is intended to be light on bureaucracy. However, it places a significant burden on applicants to provide detailed information about themselves, their premises and the activities they intend to carry on as well as how applicants will promote the four licensing objectives. The Act encourages and promotes partnership between the Council and the police and local businesses and residents which is intended to promote good licensing practice and responsible behaviour. It is important to note that where necessary, enforcement action will be taken against those who do not comply with the requirements of the Licensing Act 2003 or the conditions of their Licence. The Government prescribe application forms, available on the Council’s website, which must be completed and returned with the prescribed fee payable to the Council. In order to comply with Section 8 of the Licensing Act 2003, a copy of the application and licence will be held on a public register and will be available for inspection free of charge at Cannock Chase District Council, Civic Centre, Beecroft Road, Cannock, WS11 1BG. Normal hours during which licensing staff can be contacted are normally 09.00hrs to 17.00hrs Monday to Friday. Emergency contact can be made outside these hours on 01543 574480. Any appeals against any decision of the licensing authority may be made to Magistrates’ Court. Should you require further information, you are advised to seek the advice of a Solicitor.

Cannock Chase District Council will hold and use your data in accordance with the Data Protection Act 1998. We may share this data with other departments within the Council and partners of the Council where necessary. Some of your information will be held on a publicly available register and may be posted onto the Cannock Chase Council website.

DEFINITIONS ‘Responsible authorities’ are public bodies, including the police and fire service etc, that must be made fully aware of applications and are entitled to make representations to the Licensing Authority in relation to the application for the grant, variation or review of a premises licence or club premises certificate.

‘Authorised Persons’ are bodies empowered by the Act to carry out inspection and enforcement roles. These will include Fire Officers, Health & Safety Inspectors, Licensing Officers, Trading Standards Officers and Environmental Health/Public Protection Departments.

‘Interested Parties’ are defined as:

• a person living in the vicinity of the premises in question;

• a body representing persons living in that vicinity, for example, a residents’ association, or a parish or town council;

• a person involved in a business in the vicinity of the premises in question;

• a body representing persons involved in such businesses, for example, a trade association; and

• a member of the relevant licensing authority, i.e. elected councillors of the licensing authority for the area in which a premises is situated ‘Licensing Authority’ is Cannock Chase District Council.

‘Relevant Representations’ are those representations which are received from Responsible Authorities or Interested Parties from within the vicinity of the premises and make comment about the likely effect of the grant or variation of the licence upon the licensing objectives.

‘Designated Premises Supervisor’ is the person designated as such and who is responsible for the day to day running of the premises and responsible for the sale of alcohol at the premises concerned.

‘Premises Licence’ is a licence granted under the Act, in respect to any premises, which authorises the premises to be used for one or more licensable activities.

‘Club Premises Certificate’ means a Certificate granted under the Act in respect of a premises which is compliant with section 62 of the Act and is habitually used for the purposes of a Club.

Personal Licence’ is a licence granted to an individual by the Licensing Authority that authorises that individual to sell or supply alcohol in accordance with the premises licence.

‘Working day’ means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a Bank Holiday in England and Wales.

CONSULTATION LIST

Staffordshire County Council:- - Social Care and Health (Child Protection) - Development Services (Transportation) - Community Services (Trading Standards) - Substance Misuse Commissioning Team Staffordshire Police:- - Chase Division Licensing Unit - The Chief Constable - British Transport Police Staffordshire Fire & Rescue Services South Staffordshire Primary Care Trust Chase Tenants and Residents Federation British Beer and Pub Association Cannock Chase Chamber of Commerce Working Men’s Club & Institute Union Alcohol & Drug Services in Staffordshire The Cannock Chase Local Strategic Partnership Other Strategic Partnerships: - Crime and Disorder Reduction - Culture - Tourism Internal Services:- - Building Control - Community Safety - Environmental Health - Legal Services - Leisure Services - Member Services - Planning Services - Directors - Heads of Service

Organisations Representing Current Licence Holders Current Licence Holders and Other Interested Parties Parish Councils: Town Councils: - Brereton & Ravenhill - Hednesford - Bridgtown - Rugeley - Brindley Heath - Cannock Wood - Heath Hayes & Wimblebury - Norton Canes

USEFUL CONTACTS Cannock Chase District Council, Licensing Unit, Civic Centre, Beecroft Road, Cannock, Staffordshire. WS11 1BG 01543 464244

Staffordshire Police Chase Division Licensing Unit, Cannock Police Station, Wolverhampton Road, Cannock, Staffordshire. WS11 1AH 01785 234219

Staffordshire Fire and Rescue Service, SHQ, Pirehill, Stone, Staffordshire. ST15 OBS 08451 221155

Staffordshire County Council, (Partnerships & Service Development), Children & Lifelong Learning, Walton Building, Martin Street Stafford, Staffordshire. ST16 2LH 01785 223121

Chamber of Commerce, Chase 3 Project, 27 The Lightworks, 75-79 Market Street, Hednesford, Staffordshire. WS12 1AD Tel: 01543 423447

Cannock Chase District Council, Planning Department (Development Control), Civic Centre, Beecroft Road, Cannock, Staffordshire. WS11 1BG 01543 464515

Cannock Chase District Council Licensing Unit. Email; [email protected] Smoke Free England advice www.smokefreeengland.co.uk www.tobaccoagechange.co.uk

Alcohol Harm Reduction Strategy – www.strategy.gov.uk Association of Convenience Stores – www.thelocalshop.com Association of Licensed Multiple Retailers - www.almr.org.uk Bar, Entertainment and Dance Association – www.beda.org.uk/index.htm British Beer and Pub Association - www.beerandpub.com British Institute of Inn Keeping – www.bii.org British Retail Consortium – www.brc.org.uk Cannock Chase District Council – www.cannockchasedc.gov.uk Circus Arts Forum – www.circusarts.org.uk Crime Reduction – www.crimereduction.gov.uk Department for Culture Media and Sport – www.culture.gov.uk Equity – www.equity.org.uk Federation of Licensed Victuallers Association – www.flva.co.uk HMSO – www.hmso.gov.uk Home Office – www.homeoffice.gov.uk Local Authorities Coordinators of Regulatory Services - www.lacors.gov.uk Musicians’ Union – www.musiciansunion.org.uk National Pub Watch – www.uniquepubs.com/pubwatch Portman Group – www.portman-group.org.uk Safer Clubbing – www.drugs.gov.uk Safety Guidance for Street Arts and Carnivals etc – www.streetartsnetwork.org.uk Security Industry Association (SIA) - www.the-sia.org.uk Tackling Anti-Social Behaviour – www.together.gov.uk Tackling Violent Crime in the Night-time Economy – www.policereform.gov.uk/psu The Cabinet Office (Code of Practice on consultation) – www.cabinet-office.gov.uk

Documents

16-Review of Licensing Policy Rpt Council 081210 · 2015-09-02 · ENCLOSURE 9.2 Report-Review of Licensing Policy 4. Key Issues and Implications 4.1 Section 5 of the Licensing Act