Licensing Act 2003 – Statement of Policy 2021 – 2026

Under the Licensing Act 2003 the Council acting as a Licensing Authority must:

• carry out its functions with a view to promoting the licensing objectives
• publish its statement of licensing policy
• review that policy every 5 years
• appoint a Licensing Committee of 10-15 Council members
• in carrying out its licensing functions, have regard to the Licensing Policy Statement
• in carrying out its licensing functions, have regard to the Licensing Guidance issued by the Secretary of State under section 182 of the Act

If the Council, acting as the Licensing Authority, departs from the Statutory Guidance in making a decision it will give reasons for doing so. It will always consider the circumstances of each application on its merits. It may make exceptions to its own policies where it is appropriate to do so to promote the Licensing Objectives and it will give reasons for doing this.

The Licensing Act 2003 (the Act) provides a unified regulation system for:

• the sale by retail of alcohol (this does not include wholesale sale to a trader for the purposes of his trade)
• the supply of alcohol by or on behalf of a club
• the provision of regulated entertainment and
• the provision of late-night refreshment (the supply of hot food or drink for consumption on or off the premises from between 11.00pm and 5.00am.

In the Act, these activities are referred to collectively as the “licensable activities”. The Act provides a system of authorisations for these activities applying to several licences namely:

• Premises Licences
• Club Premises Certificates
• Provisional Statements
• Personal Licences
• Temporary Event Notices

The Act provides a focus of four statutory licensing objectives, which the Licensing Authority has a duty to promote, when determining its functions under the Act, and these underpin the aims of the Act.

The licensing objectives are:

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

The Council must consider all matters set out in this document in the context of the promotion of the licensing objectives in reaching a decision on any licensing application whether it is for a new licence, a variation, a provisional statement, or a review hearing. If an application complies with all the legal requirements and there are no relevant representations, then the Licensing Authority’s discretion is not engaged and it must grant the application. This would be subject to attaching conditions which are consistent with the statements contained in the operating schedule and any mandatory conditions which apply. The Licensing Objectives are only pertinent where relevant representations are raised by “responsible authorities” or by any other person.

The licensing objectives are paramount at all times and each is considered to be of equal importance. They are examined in greater detail in sections 10 to 13 below.

Alcohol is a leading cause of preventable morbidity and mortality, representing one of the most immediate challenges for South Tyneside. Our alcohol harm reduction strategy, ‘Getting the Measure Right’, launched in 2018, sets out our local ambitions to promote an alcohol-free childhood and pregnancy, create a culture where people chose to drink less alcohol, reduce the availability of cheap alcohol, promote the responsible sale of alcohol, and reduce the harms that alcohol currently causes in South Tyneside.

• among those aged 15 to 49 in England, alcohol is now the leading risk factor for ill-health, early mortality and disability, and more working years of life are lost in England because of alcohol-related deaths than from the ten most prevalent cancers combined
• alcohol is a risk factor in over 200 health-related conditions, including liver disease, cardiovascular disease and at least seven types of cancer
• harmful alcohol consumption costs the NHS an estimated £3.5bn a year
• the north-east has the highest rate of alcohol related hospital admissions in England, totalling over 77,400 in 2018/19, with costs to the NHS estimated to be in excess of £200m
• the level of unmet treatment need for alcohol dependence has been increasing since 2013, with an estimated 4 in 5 alcohol dependent adults not accessing treatment

Alcohol is also a huge issue for children and young people and Public Health in South Tyneside are closely involved in a package of work coordinated by Balance North East, around the promotion of an alcohol-free childhood. From a health perspective, the advice for children and young people is clear; an alcohol-free childhood until the age of 18 is the healthiest and best option. For young people who do drink alcohol, the implications could be life changing.

The context in which we consume alcohol has changed significantly over recent years, with massive shifts in levels of consumption, availability, and pricing. There are almost 8,000 premises licensed to sell alcohol in the north-east, giving the region one of the highest outlet densities in the country. At the same time, alcohol has become much more affordable, costing 64% less in real terms than in 1987. These shifts have contributed to a striking increase in alcohol related harms within the region and specifically South Tyneside, which suffers from some of the highest rates of alcohol related and specific hospital admissions, mortality, and morbidity in England.

In the North East and across England as a whole, people are increasingly choosing to drink at home. This is explained, at least in part, by the availability of cheap alcohol via the off trade, which now costs on average one third of the cost of alcohol bought from the on-trade:

• figures released by the British Beer and Pub Association (BBPA)show that of the 44m hectolitres (7.74bn pints) of beer sold during 2015 in the UK, 51% was sold by the off-licence trade, mostly through supermarkets
• the amount of alcohol sold by the on-trade has dropped by 40% between 2001 and 2008 – alcohol duty policies have helped the on trade more than the off trade
• the number of UK off-licenses has increased by 25% in the past 30 years, fuelled by the expansion of supermarkets and convenience stores
• off-licenses are the predominant direct and indirect source of alcohol for under-18s, with growing international evidence linking off-license density with a range of negative alcohol-related consequences

All of this is hugely challenging and creates a new environment when it comes to licensing in South Tyneside. Our revised Statement of Licensing Policy Act is therefore one of the key tools to help reduce alcohol harms within our communities and support potential licensees with their responsibilities around this agenda.

Cheap, strong alcohol is a particular scourge within our communities and there is a clear correlation between cheap alcohol and harm. As the price of alcohol increases, consumption and harms reduce and there is strong evidence that setting a minimum unit price for alcohol will have an impact on reducing alcohol consumption. The local authority would be supportive of a national approach to apply a minimum unit price of 50p to all alcohol products sold under their premises licence and continues to advocate for this nationally with key partners such as Balance North East.

From an advertising perspective, there is overwhelming evidence that alcohol marketing profoundly influences children. It encourages them to drink earlier and once they have started, it encourages them to consume more. It is both the content and volume of advertising and marketing that causes the damage. As an authority, we believe that alcohol should not be advertised within a 400m radius of schools, children’s homes, external to petrol stations, within licenced taxi cabs, or in other locations which are likely to be seen by high numbers of children and young people. We would also support a ban on alcohol advertising on all council-owned advertising spaces.

Finally, we have included a few recommendations for potential licensees to promote an ‘alcohol-free childhood’ and support our wider harm reduction strategy including:

• licensees should display point of sale information highlighting CMO guidelines for children and young people and pregnant women
• events aimed primarily at families will not be granted licenses for the sale of alcohol, or that alcohol sales would be confined to small areas of the event site
• licensing applications would not be received for places frequented mainly by children and aimed at meeting their needs (e.g. soft play areas)
• licensed premises would have ‘alcohol-free’ spaces set aside for families
• licensed premises should consider responsible product placement. This could include limiting the proportion of shelves used for alcohol promotion, locating alcohol away from products attractive to children e.g. sweets, and / or ensuring that alcohol isn’t placed in particularly visible areas such as entrances and check-outs
• licensed premises should consider restricting external shop promotions highlighting the availability of alcohol products particularly in the vicinity of schools and other locations attended by children

The Licensing Authority recognises there is no public health licensing objective and therefore cannot conduct its licensing function to promote public health. The licensing function can only be carried out to promote the four licensing objectives as set out by the Licensing Act 2003:

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

Nevertheless, the licensing authority recognises the potential impact of alcohol on the public health of the residents of South Tyneside. This can have a big impact on the National Health Service and medical providers locally. Public Health are a responsible Authority under the Licensing Act 2003 and can make representations on licence applications as well as calling for reviews on premises that undermine the licensing objectives.

When making a representation, the Director of Public Health is most likely to relate such representations to the objectives on public safety and protecting children from harm. This is likely to include the prevention of accidents, injuries and other immediate harms that can result from alcohol consumption, such as unconsciousness or alcohol poisoning.

Health bodies hold valuable information which may not be recorded by other agencies, including analysis of data on attendance at emergency departments and the use of ambulance services following alcohol related incidents. Sometimes it may be possible to link ambulance callouts and attendance to irresponsible practices at specific premises. Anonymised data can be collated about incidents relating to specific premises and presented to Licensing Sub-Committees when representations are made. The Licensing Authority considers the following data to all be relevant to the promotion of the licensing objectives:

• around hospital admissions due to alcohol consumption
• that shows a correlation between anti-social behaviour and excessive alcohol consumption in different localities
• that violence related to alcohol or the night-time economy in general
• that links high alcohol consumption to a particular area
• that undermines the physical, moral and psychological of children and vulnerable persons
• Any or all of this data would be grounds for public health exercising their right to participate in the licensing process.

Although Public Health is not a licensing objective, we believe that this Statement of Licensing Policy needs to be placed in context with the alcohol related harms that are apparent in South Tyneside. The Licensing Authority takes the issue of public health extremely seriously and would expect applicants and licence holders to familiarise themselves with any local issues that may be detrimental to the public health of the people of South Tyneside. The Licensing Authority will take cognisance of the issues raised by public health in relation to licensed premises and issues surrounding alcohol and will determine applications in line with ensuring that all of the licensing objectives are actively promoted for the safety of the local communities in which a licensed premises operates.

Alcohol has a significant impact on a range of health conditions and alcohol is seen as a factor in more than 60 medical conditions. The main health consequences of alcohol misuse are liver disease, cancers (liver, oral, oesophageal, gastric, colon, breast), hypertension, stroke, acute intoxication, and injuries.

Our approach and vision:

• reducing the harm caused by alcohol has been identified as a key priority within South Tyneside’s Joint Health and Wellbeing Strategy. Drinking too much can cause physical and mental harm. Public health-related licence conditions will be used where practicable to reduce the impact of alcohol on public safety and other licensing objectives
• the vision of South Tyneside’s Alcohol ’strategy, ‘Getting the Measure Right’ is to reduce the harms caused by alcohol misuse and make South Tyneside a safer and healthier place where less alcohol is consumed. This aim can be supported through opportunities within the licensing process

Public Health will engage with South Tyneside Safeguarding Children Board to share relevant information such as data on young people accessing substance misuse services. They will also consider the proximity of licensed premises to schools, youth centres, play groups and family centres and share anonymised A&E data with other responsible authorities relating to young people and alcohol related incidents.

The Council will give considerable weight to representations about child protection matters particularly from the Local Safeguarding Children’s Board who act as the responsible Authority under the Act for matters relating to child protection. In addition to the responsible Authority whose functions relate directly to child protection, Public Health may also have access to relevant evidence to inform such representations.

Public Health will support the Police and other agencies by facilitating access to health information such as anonymised A&E data due to alcohol related admissions e.g. as part of a license review application. They will also provide Trading Standards with evidence of the health impact of illicit/counterfeit alcohol.

The Licensing Authority and Police have a zero tolerance of illegal substance/drug misuse in licensed premises and recognise that drug use is not something that is associated with all licensed premises. However, it is recognised that special conditions may need to be imposed for certain venues to reduce the likelihood of drugs being sold and consumed on the premises and to achieving a safer environment for those who may have taken them.

Once away from licensed premises a minority of consumers may behave inappropriately and unlawfully. There are additional mechanisms both within and outside the licensing regime that are available for addressing such issues. The Council will address a number of these issues through the Community Safety Service and the local partnership in line with the strategic objectives for crime and disorder reduction and drug and alcohol misuse within the Borough.

Businesses must ensure that in carrying out their activities they protect and support the most vulnerable people and keep them safe from harm. Public Health will support the sharing of health information such as anonymised A&E data with other responsible authorities where it links to public safety. They will also explore the impact of alcohol related incidents on emergency services such as North East Ambulance Service.

Public Health will provide evidence on the impact of the health and wellbeing of vulnerable groups such as street drinkers, and the effect this has on anti-social behaviour.

In premises where alcohol is sold or supplied it is a mandatory condition that premises licence holders will operate a recognised “Proof of Age” scheme. The Council supports the Challenge 25 Scheme and where this is not proposed within the operating schedule, alternative and similarly rigorous controls should be detailed. The Council recommends that the premise licence holder operates a method for recording when a sale is refused as part of any age challenge scheme (also known as a refusals book).

The Licensing Authority supports the promotion of an ‘Alcohol Free Childhood’ and expects that customers should be confronted by clear and visible signs on the premises that underage drinking constitutes an offence in law and that they may well be required to produce proof of their age to a member of staff. Organisers of temporary events should apply similar safeguards in their undertakings. By ensuring licensed premises refuse sales of alcohol to children, or those attempting to purchase it on behalf of children, this will impact positively on a reduction in alcohol-related health problems in childhood and later life.

As part of the licensing process, Public Health will:

• explore the impact of alcohol-related incidents on emergency services, such as the north-east Ambulance Service
• consider the proximity of licensed premises to schools, youth centres, playgroups, and family centres
• share anonymised A&E data with other responsible authorities relating to young people and alcohol-related incidents
• analyse data on attendance at A&E and the use of ambulance services following alcohol-related incidents
• collate anonymised data on incidents relating to specific premises and present them to licensing sub-committees when representations are made
• support the police by making it easier to access health information such as anonymised A&E data for alcohol-related admissions, for example, as part of a licence review application
• provide Trading Standards with evidence of the health impact of illicit or counterfeit alcohol
• support the sharing of health information such as anonymised A&E data with other responsible authorities where it links to public safety
• provide evidence on the impact of the health and wellbeing of vulnerable groups such as street drinkers, and the effect this has on antisocial behaviour
• engage with South Tyneside Safeguarding Children Board to share relevant information such as data on young people accessing substance misuse services
• investigate links between ambulance callouts and attendance to irresponsible practices at specific licensed premises

Alcohol consumption – Alcohol-related harm is determined by the volume of alcohol consumed and the frequency of drinking occasion (PHE, 2018). Four years of the Health Survey for England have been combined to give robust Local Authority level data for adult consumption. Additionally, volume of alcohol sales through the off trade (supermarkets, convenience store and off-licenses) has been released as there is an association between these sales and alcohol-specific hospital admissions (Figure 1).

Treatment – It is estimated that 1.6% of adults in South Tyneside are dependent drinkers (PHE 2014/15); this equates to around 2,000 people. This means South Tyneside is ranked in the top 30% of Local Authorities with the highest percentage of dependent drinkers. Structured alcohol treatment in South Tyneside helps people recover from alcohol dependence. When engaged in treatment, people use alcohol and illegal drugs less, commit less crime, improve their health, and manage their lives better.

Local Alcohol Profile – For all six key indicators highlighted in the 2019 Local Alcohol Profile, South Tyneside is statistically significantly worse than England with under 18 alcohol-specific admissions being the highest rate in England:

Cost – In 2015/16 the overall cost of alcohol harm in South Tyneside was estimated to be £57.4m; this equated to £386 per head of population.

Below shows how this cost is distributed between different sectors and how this compares with the other 326 local Authority areas.

• £386 per head of population (73rd worst out of 326 LA areas)
• Social: £57/head (21st worst – top 10%)
• Health: £88/head (5th worst – top 10%)
• Crime: £113/head (130th worst – top 40%)
• Economy: £128/head (218th worst – top 70%)

Cost of alcohol harm in South Tyneside, 2015/16. Source: Balance North East.

Pre-birth, children and young people – The Chief Medical Officer advises against pregnant women or women trying to conceive, drinking alcohol. The guidelines state that no level of alcohol is safe to drink in pregnancy.

Similarly, the medical advice for children and young people is clear; an alcohol-free childhood until the age of 18 is the healthiest and best option. For young people who do drink alcohol, the implications could be life changing. For example:

• Young brains continue to develop and change until the mid-twenties. Drinking alcohol before adulthood can change or delay the development of the logical, thoughtful part of the brain.
• Alcohol can affect a child’s mental health and wellbeing. It is linked to stress, depression and self-harming behaviour.
• Children are smaller, which means alcohol’s effects work more quickly. Alcohol poisoning can result in young people being admitted to hospital or worse.
• Alcohol can lead to other risky, impulsive behaviour. Young people who drink regularly are four times more likely to smoke and three times more likely to take other, illegal drugs. They are more likely to get hurt due to an accident or because of violence.
• Children’s bodies are still developing through the teenage years. We know that drinking alcohol can affect their liver, bones, hormones and their growth.

Alcohol health awareness – Significant numbers of people in the north-east continue to drink at risky levels. More worryingly, many of us drinking above those guidelines consider ourselves to be moderate drinkers and remain oblivious to the risks we are taking.

A recent report, produced by Balance, entitled “Are we kidding ourselves?” showed that around 550,000 north-east adults are drinking above the recommended low risk guidelines of 14 units per week. In addition, the report concluded that many higher risk drinkers were not aware of the health risks associated with alcohol, nor were they accessing the necessary information around units. Key findings were as follows:

• 89% of people in the north-east drink alcohol compared to 78% across the UK.
• Over one in four north-east adults (26%) are drinking above the Chief Medical Officer’s low risk guidelines of 14 units a week compared to one in five (20%) across the UK – that’s around 550,000 people in our region exceeding the guidelines.
• Nearly 9/10 north-east adults drinking above 14 units a week consider themselves to be either “light or moderate” drinkers – that’s around 467,000 people.
• Nearly one in 10 (8%) north-east adults are drinking at over 28 units a week – more than twice the weekly low risk guidelines. That’s over 169,000 people putting themselves at greater danger of over 200 alcohol-linked diseases and injuries.
• Three out of four people drinking more than 28 units a week believe they are a light or moderate drinker – that’s an estimated 123,000 people in the north-east. [Source: Balance report, “Are we kidding ourselves” – March 2019]

Taking all of this into account, there is clearly an information deficit when it comes to the Chief Medical Officers’ (CMO’s) low risk drinking guidelines of 14 units per week and this licensing Authority believes that responsible licensees can contribute to increasing the health intelligence of the population by promoting the CMO low risk guidelines via the following interventions:

• CMO low risk guidelines are displayed on at least one prominent point within in the premises. (14 Units per week (for both men and women) taken over a number of days)
• Unit information (and calorie data if available) is displayed on any drinks menu available.
• Free (tap) water is available, and the offer is visible to customers.

Links to Other Important and Relevant Strategies and Policies – these may be of help/interest and contain further details of initiatives in South Tyneside which applicants and licensees can participate in to assist in carrying out their objectives:

• Getting the Measure Right Alcohol Harm Reduction Strategy
• South Tyneside Joint Health and Wellbeing Strategy
• Smokefree Public Places guidance

Other Useful websites – The following websites provide more information on drugs, alcohol, treatment services and national policy:

• South Tyneside Adult Recovery Service (STARS) – offers a range of confidential support to individuals, families and carers wanting to know more about all aspects of drugs and alcohol.
• NHS Drug addiction: getting help – if you need treatment for drug addiction, you’re entitled to NHS care in the same way as anyone else who has a health problem.
• Talk to Frank: Drugs A-Z – is an easy to use guide on illegal drugs, their effects and their risks.
• NHS: Alcohol support – NHS website about alcohol support.
• NHS: Drink less – advice and tips on ways to reduce your drinking.
• Adfam – is the national charity working to improve life for families affected by drugs or alcohol
• www.ypmatrix.org – Young People’s Matrix Service

References:

• CMO for England (2009) Guidance on the consumption of alcohol by children and young people.
• CMO for England (2009) Guidance on the consumption of alcohol by children and young people. Newbury-Birch et al (2009) Impact of Alcohol Consumption on Young People. A Systematic Review of Published Reviews.
• PHE (2019) Local Alcohol Profiles for England.
• CMO for England (2009) Guidance on the consumption of alcohol by children and young people. NHS Digital (2016). Smoking, drinking and drugs use among young people.
• CMO for England (2009) Guidance on the consumption of alcohol by children and young people.
• Alcohol: Are we Kidding Ourselves? Report from Balance (2019)

Representations can be raised by responsible authorities and any other person. For a representation to be relevant it must concern the effect of the application on the licensing objectives.

The Licensing Authority is obliged to treat any representation from a responsible authority as relevant in the event that it relates to one or more of the licensing objectives. Representations from any other person must not only be relevant to the licensing objectives but the Licensing Authority must be satisfied that they are not frivolous, vexatious, or in the case of a review hearing repetitious.

It is for the Licensing Authority to determine what is frivolous or vexatious. In borderline cases the benefit of the doubt will be given to the party making the representation.

Representations will generally be considered to be repetitious where the same evidential basis is raised as an issue in relation to an application/review of premises which was considered in an earlier application/review and a reasonable period has not elapsed since the earlier hearing.

Details of all relevant representations are required to be provided to the Applicant. In exceptional circumstances the Licensing Authority will consider withholding certain personal details to avoid identification of individuals where there is a genuine fear of intimidation or violence if this personal information is disclosed. In such circumstances an objector may wish to consider approaching one of the responsible authorities directly to allow them to raise the objection on their behalf. Anonymous representations will not be accepted.

Where representations are received in the form of a petition the Council will only take responsibility for advising the lead petitioner who has submitted the petition of any hearing scheduled to take place. It will be incumbent upon the lead petitioner to keep all persons within the petition informed of the occurrence of any subsequent hearing in which the application will be determined.

Relevant representations may be positive in support of an application as well as negative.

The Council expect all representations, no matter the source, to be evidentially based and preferably supported by attendance at any hearings when the applications are being considered. This means that if there is no real evidence upon which the Licensing Authority can come to a view on a matter then they will be prevented from accepting the representations at face value. A fear that things may or could happen is not evidence that they will.

The Council recognises that the licensing function is not a mechanism for the general control of anti-social behaviour by individuals once they are beyond the direct control of the Licensee of any premises. However, in exercising its licensing function once its discretion is engaged through relevant representations, the Council would wish to emphasise that it will conduct its licensing function whilst having full regard to its responsibilities under the Crime and Disorder Act 1998 Section 17 and do all that it reasonably can to prevent crime and disorder whether such representations have been raised by the Police. In addition, the Council recognise that if there are serious problems of nuisance and disorder arising or beginning to arise outside, or some distance from, premises licensed to serve alcohol, because of the number of premises in the area causing a general increase in the number of persons gathering in that area, then this could be seen as a cumulative impact. Each application will be viewed on its individual merits.

In recognition of the partnership approach encouraged within the Statutory Guidance, where representations are raised, the Council expect the premises licence holder, through the Licensing Officers, if necessary, to make contact with those persons raising representations with a view to entering into discussion to address the issues through mediation.

The Council acknowledges (in accordance with the Statutory Guidance) that “need” in the sense of the commercial demand for licensed premises is not a licensing matter. Accordingly, representations based on ‘need’, will not be considered to be relevant representations and licensing decisions will not therefore be determined upon this issue.

Premises Licence

A premise licence is required for any premises where it is intended that a “licensable activity” will take place, unless the activity is authorised under a Club Premises Certificate or Temporary Event Notice.

Almost all premises selling alcohol will need a premises licence. These might be pubs, off-licences and other retail outlets for alcohol sales, wholesale supply of alcohol to the public (but not trade), theatres, the South Shields ferries or other public UK cruise vessels moored in South Tyneside, casinos, bingo clubs (that are not qualifying clubs) and outdoor and indoor sports stadiums.

Late night refreshment places (even if they are not selling alcohol) such as casinos, bingo clubs, takeaways and night cafes serving hot food or hot drink between the hours of 11 pm and 5 am also require a licence.

Premises licences will also be required for places providing regulated entertainment (even if they are not selling or supplying alcohol) such as boxing and wrestling events, theatres, cinemas, indoor sporting venues, music or dancing venues, pubs and qualifying members’ clubs. These lists are merely examples and are not exhaustive.

Once granted premises licences last indefinitely. There is a fee to get a licence and an annual fee to keep the licence current. There are provisions for the transfer of premises licences (section 42 – 46 of the Act) Premises licences will lapse upon the holder’s death, incapacity or insolvency but there are provisions for an interim authority notice and re-instatement of the premises licence (sections 47-50 of the Act). It should be noted that a premises licence can be suspended for non-payment of the annual fee.

The terms and conditions of a premises licence can be changed or determined by a Licensing Authority following an application to review by a responsible authority or interested party in the same way that they can raise objections to an initial application.

When considering whether any licensable activity under a premises licence should be permitted, the Licensing Authority will assess the likelihood of it causing any adverse impact upon the licensing objectives. In this regard the Licensing Authority will consider such matters as:

• the nature of the premises, the style and type of use, the potential number and profile of the customers likely to attend the premises, seating and capacity figures
• the hours of operation of each of the proposed licensable activities and the proposed closing times for the premises
• the nature and use of the property within the vicinity of the premises
• the means of access to the premises including the location of customer entrances and exits
• the level of likely car parking demand on principal roads and surrounding residential streets and its effect on local residents, in comparison with the existing situation, and the effect on residential parking and emergency access
• the outcome of any risk assessment conducted by the applicant with regard to each of the Licensing Objectives prior to preparing their applications and the steps proposed to be taken by the applicant to address and to promote each of the licensing objectives
• in respect of a review of an existing licence or an application for previously licensed premises the Council will consider any evidence in respect of past demonstrable adverse impact from a licensable activity, especially on local residents.

The Council recognise that with any adverse impact it may be possible to take steps to mitigate or prevent the impact and if such measures are reliable an activity may be licensed. Each application will be considered on its merits.

Club Premises Certificates

A qualifying club may apply for a Club Premises Certificate. The Licensing Act 2003 stipulates the requirements of a qualifying club in Sections 61 to 64. The club/organisation members must be joined together for a particular social, sporting or political purpose and then have combined to purchase alcohol in bulk as members of the organisation for supply to members and their guests. The Council must be satisfied that these conditions have been met, including evidence to support the position that any gain from its activities is applied for the benefit of the club and its members. There must be a minimum of 48 hours delay between application and acceptance of new club members. The club must have a minimum of 25 members.

A Club Premises Certificate authorises the supply of alcohol and provision of other licensable activities on club premises. Unlike with a premises licence there is no requirement to specify a Designated Premises Supervisor (see para 14 below) when applying for a Club Premises Certificate but the Authority would expect applicants to supply the Club Secretary’s current contact details with every application.

Where representations are raised in relation to any application for a Club Premises Certificate the Council will consider in determining the application all relevant matters including those listed in paragraph 7.1.7 above.

Where a club intends to provide licensable activities to the public or for example to permit the general public to hire out a room within the club premises, then a premises licence or a Temporary Events Notice is required.

Provisional Statements

This is used where a person needs some assurance that a licence will be granted if investment is made in a premises. Applicants can apply for a provisional statement where premises are being constructed whether under construction or about to be constructed, extended or substantially changed structurally for the purpose of licensable activities. Such applications should be accompanied by a Schedule of Works, details of the proposed licensable activities, proposed operating hours for which the premises are proposed to be used, plans etc. In essence applications for provisional statements should be made and will be dealt with in the same way as a premises licence and / or club premises certificate application and the same considerations identified in paragraph 7.1.7 above will apply

A provisional statement does not convert to a premises licence and therefore before premises may trade, an application for a full premises licence or club premises certificate must be made. However, the issue of a provisional statement can limit the representations which can be subsequently brought when the following full licence application is made.

Personal Licences

A personal licence:

1. is granted by a Licensing Authority to an individual in the Local Authority area where they usually reside; and
2. authorises that individual to supply alcohol, or authorise the supply of alcohol, in accordance with the premises licence (Part 6 Section 111(1) Licensing Act 2003).

Section 19(3) of the 2003 Licensing Act specifies that every supply of alcohol under a premises licence must be made or authorised by a person who holds a personal licence. A personal licence is therefore required wherever alcohol is sold or supplied.

The Council recognises that this does not mean that only a personal licence holder can make sales of alcohol and that personal licence holders may authorise staff to make sales of alcohol on their behalf. A personal licence is responsible for the actions of anyone making those sales unless that person is a personal licence holder in their own right.

The Licensing Authority acknowledges that whether an “authorisation” has taken place will be a question of fact in each case. Statutory Guidance, (paragraph 10.35) considers the following factors to be relevant in considering whether an authorisation has been given:

• the person(s) authorised to sell alcohol at any particular premises should be clearly identified
• the authorisation should have specified the acts which may be carried out by the person being authorised
• there should be an overt act of authorisation, for example, a specific written statement given to the individual being authorised; and
• there should be in place sensible arrangements for the personal licence holder to monitor the activity that they have authorised on a reasonably regular basis.

As required by the 2003 Act the Council will liaise with Northumbria Police if an applicant has any unspent convictions for a relevant offence. If the Police object to the applicant, the matter will proceed to a Licensing Hearing. At the hearing the sub-committee will consider whether or not the grant of the licence will be detrimental to the interests of the crime prevention objective taking into account the seriousness and relevance of any conviction together with the period which has elapsed since the offence occurred and any mitigating circumstances.

Temporary Event Notices (TENs)

The Licensing Act allows permitted licensable activities for less than 500 hundred people at a time and lasting no longer than 168 hours without the need for a premises licence. A TEN must be submitted to the Licensing Authority, the Police and Environmental Health in advance of any event. Payment of a fee must also be made.

TENs are also subject to the following limitations:

1. The standard notice must be given at least 10 clear working days before the 1^st day of the event. This excludes the day on which the notice is received. A ‘late’ notice period, which is not before 9 and not later than 5 working days before an event, does apply for a limited number of occasions each year but if objected to by the Police or Environmental Health Authority will be automatically prevented from taking place. Applicants are asked to note that it is unlawful for the Council to accept a TEN outside of the times permitted by the legislation.
2. The same premises can be used for up to 15 occasions per calendar year under a TEN but the aggregate number of days over which the total number of TENs operate must not exceed 21 (i.e. the longer the duration of each event the lower the number of events per calendar year).
3. A personal licence holder may submit a maximum of 50 (fifty) TENs per year (10 (ten) of which may be ‘late’).
4. A person who does not hold a personal licence is limited to 5 (five) TENs per year (2 (two) of which may be ‘late’)

For events involving more than 499 people over a longer period than 168 hours (7days) a premises licence will be needed.

It should also be noted that a TEN is treated as being from the same premises user if it is given by an associate, defined as including a person’s spouse or civil partner etc.

Provided the Statutory Limits on the Provision of TENS are not being exceeded then representations against a TEN can only be raised by the Police or Environmental Health Authority. They can both object on the grounds that any of the licensing objectives are likely to be undermined. In the event of a ‘late’ TEN notice any objection places a requirement upon the Authority to serve a Counter Notice. A Counter Notice cancels the TEN and any activities taking place would be unlawful. Following service of a standard TEN notice the Authority has to hold a hearing to determine whether or not to issue a Counter Notice.

The Authority generally has no discretion to attach conditions to a TEN. Applicants are therefore recommended to give considerable thought to the impact of the licensing objectives on the application to avoid unnecessary objections raised by the Police and Environmental Health Authority. An exception arises if the TEN has been served in respect of a premises which already has a premises licence in place (so that the TEN is being used to extend the use of the licensable activities or times over which they operate at the premises). If so, the Authority can decide that some or all of the conditions on the premises licence will apply to the operation of the TEN.

Applicants should be aware that the giving of a Temporary Event Notice does not relieve the premises user from any requirements under any other laws to which the holding of the event may be subject e.g. planning permission, health and safety regulations, fire safety regulations, noise nuisance etc.

The Authority encourages that TENs are submitted at the earliest possible time in advance of events. Notice of events likely to take place.

Within each application for a Premises Licence, Club Premises Certificate or Provisional Statement there is a requirement to complete an “Operating Schedule”. Within the Operating Schedule applicants are required to describe the steps they intend to take to promote the four Licensing Objectives both generally and individually.

Where there are no relevant representations in relation to an application the Licensing Authority must, in accordance with Section 18(2) of the Licensing Act 2003, grant the licence in accordance with the application, subject only to:

1. such conditions as are consistent with the Operating Schedule accompanying the application; and
2. any conditions which must, under the Act be included in the licence.

The Act makes similar provisions to the granting of applications for provisional statements and variations to a licence and also with regard to granting club premises certificates and attaching mandatory conditions to the same.

In the first instant conditions to be attached to a licence will be derived from the Licensee’s Operating Schedule. These will be conditions, which, upon their own assessment, applicants consider to be necessary, to demonstrate, to all bodies working in partnership for the provision of the Licensing Objectives, that they will manage, administer and operate the premises in such a way as to assure all persons concerned with the operation of the Licence of the promotion of the Licensing Objectives. Accordingly, if an applicant wishes to reassure the residents in the locality that they have addressed issues, which have arisen in relation to the operation of a licence previously, or about which people have fears for the future, they may voluntarily attach conditions to allay those fears. For example, an applicant could confirm in their Operating Schedule that they will cease use of any external drinking areas from a given time or that all windows and doors will be kept closed during live performances or that no sexual entertainment of any nature will take place on the premises etc.

It is for the Council’s experience that where applicants do not conduct a proper risk assessment, especially in relation to new licences, and simply apply for a licence as broad as the scope of the Act allows, without reference to the concerns of local residents or responsible authorities and the individual circumstances of the premises concerned, then they can be faced with a significant amount of objections and delay in the issue of the licence which could possibly have been avoided in its entirety by the attachment of conditions in the Operating Schedule or by giving proper consideration to limiting the scope of the licence applied for, to that which is genuinely required.

The Council expects applicants to provide conditions in their operating schedules to promote all of the licensing objectives. Applicants are best placed to understand the nature of the business they intend to operate and the operating schedule gives them the best opportunity in the first instance to demonstrate their commitment to upholding the licensing objectives, in both the interests of their customers and the wider community. A failure to address the responsibilities which the licensing objectives impose on every licensee can lead to misunderstandings about the operation of the premises and thereby unnecessary objections being raised to the application. This could ultimately lead to delays in the opening of the premises or result in more robust conditions having to be imposed directly by the Authority to protect the interests of the wider community.

It is for the Council’s Licensing Officers to interpret any prohibition or restriction, which has been included on the application form by the applicant as a condition on the licence. Applicants should be clear that any condition attached to their licence in this way will be enforceable as such. The penalty for operating a licence in breach of a condition is, upon conviction, punishable by a fine of up to £20,000, 6 months of imprisonment, or both.

Mandatory Conditions

There are certain mandatory conditions which may apply to a licence. These are set out in sections 19 to 21 of the Act and in subsequent regulations. It is the responsibility of the applicant to make themselves aware of these and to be capable of explaining how they will ensure compliance with them.

In addition to the requirements, applicants should be aware that the Council accepts the Secretary of States guidance regarding the authorisation of staff and will expect to see a written document in place for every individual “authorised” for the purposes of section 19 of the Act.

The Council will only specify mandatory conditions that are relevant at the time of grant. Licensees must therefore keep abreast of any mandatory conditions which will apply to their license whether or not those conditions are stated on the license. Application of certain mandatory conditions can arise as a result of new legislation or changed circumstances/ facilities provided within premises.

The Licensing Act 2003 (Mandatory Licence Conditions) Order 2010 (Statutory Instrument No. 860) as amended has introduced certain new mandatory conditions in section 19A of the Act, which do not have to be physically included in the licence or certificate issued by the Licensing Authority but which nevertheless apply to every premises licence and club premises certificate authorising the sale and supply of alcohol for consumption on the premises.

For ease of reference the new mandatory conditions are attached at Appendix 5 of this Policy. As stipulated in the Statutory Guidance these mandatory conditions override any pre-existing conditions already included in the licence.

Licence holders should be aware that if their premises do not operate mandatory conditions effectively the Council may impose tighter and more prescriptive requirements to help promote the Licensing Objectives. The Council recognises that this is particularly relevant in relation to the requirement to operate an age verification policy and consider that Challenge 21 or Challenge 25 Policies, which have been imposed or volunteered as conditions in the past, may continue to be relevant to the successful promotion of the Licensing Objectives in some instances in the future.

Conditions Imposed by Committee

It is only when the Licensing Authority’s discretion is engaged following relevant representations that any other conditions other than the mandatory ones or those offered by an an applicant may be attached to a licence. In such circumstances, and when it has been satisfied at a hearing of the necessity to impose conditions due to the representations raised, the Licensing Authority will impose such conditions as are appropriate to promote the Licensing Objectives. Conditions will be focused on matters that are within the control of individual licensees and will centre on the premises and the vicinity of those premises. The primary focus will be on the direct impact of the licensed premises activities on members of the public living, working or engaged in normal activity in the area concerned.

Where existing legislation already places certain statutory responsibilities on an employer or operator of premises these will not be duplicated as conditions. However, these general duties will not always adequately cover specific issues that arise on the premises in connection with certain entertainment and in these cases additional measures in the form of conditions will be imposed if appropriate to promote the Licensing Objectives.

The Licensing Authority will not impose ’conditions which replicate matters that constitute the offences set out in Part 7 of the Licensing Act (e.g. unauthorised licensable activities; allowing disorderly conduct; sale of alcohol to any person who is drunk or underage) nevertheless, the Licensing Authority will take into account any breaches of conditions and offences under the Licensing Act when considering the imposition of conditions in reviews and the variation of licences.

The Council will utilise “works conditions” to the effect that the premises will not be operated until specified works are completed or measures put in place to the satisfaction of the relevant responsible authorities. This is an expedient way of resolving technical matters, which cannot be readily determined at hearings.

Example Conditions

“Conditions attached in appendices 1-4 should form part of every application. Model conditions -, which can be viewed on the Council website may be used by either the applicant when completing an operating schedule or by the Council when considering an application.

The terms and conditions of a premises licence or club premises certificate and its authority to allow licensable activities to take place at all can be changed or determined by a Licensing Authority following an application to review a licence. Applications to review can be made by a responsible authority or any other person in the same way that they can raise objections to an initial application.

Proceedings under the Licensing Act 2003 for reviewing a premises licence or club premises certificate are provided as a key protection for the community where problems associated with crime and disorder, public safety, public nuisance or the protection of children from harm are occurring (Statutory Guidance paragraph 11.1).

The grounds for a review of a licence must be relevant to one or more of the licensing objectives and must not, in the case of an interested party, be frivolous, vexatious or repetitious.

A repetitious representation is one that is identical or substantially similar to:

• a ground for review specified in an earlier application for review made in relation to the same premises licence which has already been determined; or
• representations considered by the Licensing Authority when the premises licence was first granted; or
• representations which would have been made when the application for the premises licence was first made and which were excluded then by reason of the prior issue of a provisional statement; and

in addition to any of the above grounds a reasonable interval has not elapsed since that earlier review or the grant of the licence.

Except in exceptional circumstances or following a Closure Order the Licensing Authority accept the suggestion in the Statutory Guidance, that no more than one review from interested parties should be permitted on the same or similar grounds in any 12month period. (Statutory Guidance paragraph 11.13).

Where the Council receives a request for a review, or one arises in accordance with the closure procedures set out in Part 8 of the Act, it will arrange a hearing in accordance with the Regulations set out by the Secretary of State. (Statutory Guidance paragraph 11.15).

In every review case an evidential basis for the allegations made will need to be submitted to the Council as the Licensing Authority.

In determining a review, the Licensing Authority may exercise any of the range of powers given to them to promote the Licensing Objectives namely:

• take no action
• modify the conditions of the premises licence (which includes adding a new condition or any alteration or omission of an existing condition) temporarily or permanently
• exclude a licensable activity from the scope of the licence (e.g. live music)
• remove the Designated Premises Supervisor
• suspend the licence for a period not exceeding 3 months
• revoke the licence.

Other steps which the Council recognise may be taken include:

• issuing an informal warning
• recommending improvements within a particular time
• monitoring by regular inspection; and
• invitation to seek a further review if problems persist.

Nevertheless, the Council are aware of the content of the Statutory Guidance, which states “However, where responsible authorities like the Police or Environmental Health Officers have already issued warnings requiring improvement – either orally or in writing – that have failed as part of their own stepped approach to concerns, Licensing Authorities should not merely repeat that approach”. Accordingly, unless a significant period of time has elapsed since an initial application or earlier review which has given rise to a particular course of action by the Licensing Authority then the Council would not expect the Licensing Authority merely to repeat that initial approach if the matter has come before them on a second or subsequent occasion. In addition, where direct action by other bodies has failed to produce improvements (e.g. issuing warnings, attaching conditions,prosecuting or obtaining an Anti-Social Behaviour Order) then a more robust use of licensing powers is recognised as being both necessary and appropriate.

The Council recognise the seriousness of certain offences accruing under the Licensing Act 2003 including the selling of alcohol to persons under the age of 18. The Council accept, that the consumption of alcohol by minors impacts on the health, educational attainment, employment prospects and propensity for crime of young people. Accordingly, the Council will expect the Licensing Authority to treat representations that offences concerning the sale of alcohol to minors have occurred extremely seriously when they arise in connection with the granting or review of a premises licence or club premises certificate.

If a review arises and the Licensing Authority considers that the crime prevention objective is being undermined through the premises being used to further crimes the Council expects that the revocation of the licence, even in the first instance, will be seriously considered (Statutory Guidance paragraph 11.28).

The Council further recognise that, depending upon the circumstances of the case, revocation is always an option where other licensing objectives are also being undermined and it will not hesitate to take such tough action where premises are trading irresponsibly and other measures are deemed to have been insufficient to control detrimental effects upon the licensing objectives.

There are many issues which arise or are influenced by the provision of licensed establishments which impact directly upon the lives of persons living and working in the vicinity of the same or, in cases of cumulative impact, further afield.

These include:

• Crime and disorder commonly taking the form of drunkenness/disorderly conduct, fights at taxi queues and latenight refreshment outlets, vandalism, and drug dealing or taking, and spiking of drinks.
• Noise nuisance from music, people leaving premises or queuing for taxis and takeaways, car doors slamming, cars hooting, patrons talking whilst smoking outside, patrons making noise when leaving premises or causing nuisance by urinating in the vicinity of premises.
• Public safety from overcrowding in venues or poor management of crowd control, as well as physical harm to individuals from accidents, injuries or other immediate harms from alcohol consumption such as unconsciousness or alcohol poisoning.
• The protection of children from harm in terms of their exposure to physical, moral or psychological harm from the effects of alcohol on parenting or exposure to the conduct of adult behaviour when under the influence of alcohol or premises operating in a manner which does not promote the licensing objectives. Other harms from children’s exposure to gambling, strong language and sexual conduct or expletives can arise through, attending premises, or for the latter two issues, when viewing films or adult entertainment.

In the following four sections the Council has set out criteria and other considerations which applicants are expected to be able to demonstrate they have addressed when drawing up their operating schedules. The criteria relate to all four licensing objectives and so to some extent will be relevant to every application but obviously depending on the nature of the particular application, different aspects of each may apply to a lesser or greater extent in the individual circumstances of the case.

It should also be noted that the criteria are not exhaustive or exclusive but are designed to be of general assistance in the usual circumstances of licensing applications so that if a particular application is unique in its very nature, then such issues as are specific to the matter in question will need to be considered. Applicants know their premises best and will be expected to address all aspects relevant to the individual style and characteristics of their premises and the licensable activities for which they are seeking a licence.

In any hearing the Council will expect the Licensing Sub-Committee to examine what arrangements are in place to demonstrate effective and responsible management of the proposed licensable activities at the premises, given the need to promote the licensing objectives. It is only if the controls volunteered are not adequate that it is expected that conditions necessary for the promotion of the licensing objectives will be attached to the licence or if such measures cannot be controlled through conditions, a licence may be refused, restricted, suspended or revoked.

Issues include:

• installation of CCTV in and around premises
• use of licensed door supervisors and security
• capacity limits
• use of text or radio pagers for instant communication with the Police
• search facilities/measures to exclude the admission of items by patrons that could be used as weapons
• facilities/measures to exclude the use and supply of illegal drugs by patrons at the premises
• the provision of toughened or plastic drinking vessels or restriction of drinking from bottles
• layout, lighting and fittings of the premises
• responsible use of alcoholic drink promotions
• displaying of alcohol awareness information
• provision of litter bins
• encouragement to participate in local “Pub watch” schemes or similar organisation
• adoption of best practice guidance or voluntary codes of conduct (e.g. safer clubbing, drug strategy, national alcohol harm reductions strategy, the point-of-sale promotions etc.)
• policies/procedures for handling special events
• restrictions of drinking in areas within and outside the premises
• the nature of age verification policies operated on the premises

Draft model conditions can be viewed on the Councils website.

The steps any licence holder or club may take to prevent crime and disorder are as varied as the premises or clubs where licensable activities take place. The Licensing Authority will therefore look to the Police as the main source of advice on these matters (Statutory Guidance paragraph 2.1).

Whether or not the Police raise representations the Council expect that the Licensing Sub-Committee will act in accordance with the aims of Section 17 of the Crime and Disorder Act 1998 to minimise crime and disorder in exercising their functions under the 2003 Act

Regard will be given to the levels of crime and disorder in and around the premises; all proposals contained in the operating schedule including any standards of good management practice employed by the premises; the levels of compliance to conditions on existing licences and the proximity of the premises to residential accommodation.

The Licensing Sub-Committee will exercise its discretion in such manner as is an appropriate and proportionate response to the individual matter before it.

Issues include:

• The location of premises and proximity to residential and other noise sensitive premises such as hospitals or care homes.
• The hours of opening and times of operation of given activities particularly between 2300 hours and 0700 hours and the control of operating hours for all parts of the premises, particularly outside areas.
• The adoption of Best Practise Guidance (e.g. Good Practice Guide on the Control of Noise from Pubs and Clubs produced by Institute of Acoustics)
• Management arrangements for the storage, handling and collection of refuse and recyclable materials. Controls for the prevention of litter and noise from vehicles associated with providing services to the premises (e.g. deliveries of supplies and removal of waste/recycled materials) or from patrons utilising premises licensed for late night refreshment.
• Arrangements for dedicated taxis to collect patrons in a manner so as to minimise any disturbance.
• Management of queues external to the premises and potential obstructions caused to the highway as a consequence of the same.
• Controls, including the presence of effective ventilation systems to prevent the emission of odours.
• Measures to restrict the generation of noise within the premises and from activities associated with premises in the vicinity, or from an open-air site.
• Measures to restrict noise emissions to below levels that could affect people in the vicinity including the presence and management of sound limitation devices, the presence of any sound proofing materials, air conditioning systems and acoustic lobbies at the premises
• Measures to minimise and control noise from customers arriving at the premises (particularly when queuing), utilising areas outside it (external drinking and smoking areas) and departing from it.

Draft Model Licence Conditions relating to the prevention of public nuisance can be viewed on the website.

The Council accepts the statement concerning the interpretation of “public nuisance” as it applies to the Licensing Act in paragraph 2. 19 of the Statutory Guidance and accordingly the Licensing Committee will give the expression its broadest common law meaning and will take it to include such issues as light, noise, odour, litter and anti-social behaviour or any other matter which impacts on the lives of persons living working or being otherwise engaged in normal activity in the area concerned. The Council further acknowledge the issues concerning nuisance and anti-social behaviour caused by hours of trading and applicants should have regard to paragraph 17 below in addressing the nuisance their premises may cause by the activities proposed.

Applicants should be aware that the Licensing Authority will apply stricter controls on licensing hours for all or some licensable activities where the potential for nuisance associated with the style, characteristics or activities of the business to be carried on at the premises are in closer proximity to areas with a denser residential accommodation or have residential accommodation close to them.

The Licensing Sub-Committee will exercise its discretion in such manner as is an appropriate and proportionate response to the individual matter before it.

Issues include:

• The authority will take advice from its own technical officers, Tyne and Wear Fire and Rescue Service and the Police to determine if proposals on an application are sufficient to ensure public safety.
• Prior to the determination of a license application, it is recommended that the authority has sight of such certificates as is appropriate to ensure public safety. These could include:
  • electrical inspection
  • Fire alarm testing
  • Emergency lighting inspection
  • Firefighting equipment
• The regulatory reform (fire safety) order 2015 stipulates the responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed to for the purpose of identifying the general fire precautions he needs to take and a fire risk assessment must be undertaken in licensed premises and the significant findings recorded.
• The assessments must be made available for inspection by licensing officers on request.
• Guidance available in order to comply with fire safety regulatory reform www.twfire.gov.uk/business-safety/keep-your-business-safe
• Guidance on fire risk assessment www.gov.uk/government/collections/fire-safety-law-and-guidnace-documents-for-business
• Procedures to record and limit the number of people on the premises with opportunities for “pass outs” and readmission.
• Whether patrons can arrive and depart from the premises safely
• Overcrowding within particular parts of the premises.
• Whether special effect equipment is used within the premises which may affect public safety (e.g. moving equipment, vehicles, pyrotechnics/strobe lights, smoke machines).
• Issues concerning ventilation and overheating combated by air conditioning.
• Whether there are defined responsibilities and procedures for medical and other emergencies and for calling the emergency services
• The levels of compliance with conditions on existing licences relating to public safety.

The public safety objective is concerned with the physical safety of people working in and using the relevant premises but not directly with public health or building control or fire safety aspects of legislation. However, it does include failure to comply with other statutory obligations concerning the prevention of accidents and injuries and to other immediate harms that can result from the consumption of alcohol to such a level as to lead to patrons suffering issues such as unconsciousness or alcohol poisoning. In this respect statutory bodies are moving towards gathering indicative information which identifies venues as responsible for leading to accidents, conduct or behaviour by patrons which impact negatively on themselves or the public safety objective. Such negative impact will be considered in addressing any licensing matters relating to a premises.

As stated previously the Licensing Authority do not seek to replicate other statutory controls and would not therefore seek to impose conditions concerning fire safety issues etc. Nevertheless, the Council expects that the Licensing Authority should be satisfied that all general and technical risk assessments, management procedures and safety certificates are in place at a premises which demonstrate that the public will be safe within and in the vicinity of the premises. If representations about a particular application suggest otherwise then if appropriate the Licensing Authority may seek to attach conditions which:

• impose checks on equipment at specified intervals
• require the use of equipment of a given standard
• limit the number of people on the premises appropriate to the activities taking place
• impose reliable systems for monitoring the numbers of persons attending the premises

Or take such other measures as are appropriate in the circumstances of the case (Statutory Guidance paragraph 2.26 and 2.27).

It should be noted that South Tyneside Building Control Officers are available to provide advice and guidance on any building control matters relating to licensing premises should applicants voluntarily wish to discuss an application with them.

Draft Model Licence Conditions relating to public safety can be viewed on the website.

The Licensing Sub-Committee will exercise its discretion in such manner as is an appropriate and proportionate response to the individual matter before it.

South Tyneside supports the regional vision of an alcohol-free childhood, recognising that no alcohol before the age of 18 is the healthiest and best option.

We are also mindful of our duty to protect the most vulnerable children in the community in line with the UN Convention on the Rights of the Child, which states that all children should be protected from materials and information that could be injurious to well-being.

Issues include:

• whether there are effective measures such as the examination of proof of age cards put in place relating to age verification to ensure that alcohol is not sold to persons under 18, to ensure that persons under 16 are accompanied by a responsible adult in alcohol led premises and that persons under 18 are not permitted to play gaming machines classified for use only by adults
• whether adult entertainment is commonly provided and if so, what measures are taken to prohibit children from access to the same.
• Where a member or members of the current management have been convicted for serving alcohol to minors or with a reputation for allowing underage drinking (other than in the context of the exemption in the 2003 Act relating to 16- and 17-year-olds consuming beer, wine and cider in the company of adults during a table meal);
• where it is known that unaccompanied children have been allowed access
• where requirements for proof of age cards or other age identification to combat the purchase of alcohol by minors is not being administered effectively,
• where premises have a known association with drug taking or dealing
• where there is a strong element of gambling on the premises (but not small numbers of cash prize machines)
• where the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided at the premises
• what safeguarding issues are in place where events are aimed at children under the age of 18, including appropriate recruitment policies and practices to ensure staff are engaged who do not pose a threat to children
• staff training programmes

Draft Model Conditions relating to the protection of children from harm can be viewed on the website.

Unaccompanied children under 16 are not allowed on premises selling or supplying alcohol for drinking on the premises under a premises licence, club premises certificate or temporary event notice between the hours of midnight and 5.00 a.m. Outside these hours unaccompanied children under 16 may be admitted to licensed premises where alcohol consumption is not the exclusive or primary activity. This might include restaurants, hotels, cinemas and even pub restaurants where the main business activity is the consumption of both food and drink.

The Licensing Authority has an overriding duty to prevent harm to children, however subject to the Licensee’s discretion and any conditions included in premises licences or club premises certificates, the Act does not ban children from having free access to licensed premises of all kinds.

This Policy does not set out any general rules regarding the admission of children to any premises and the Council acknowledges that it is up to the individual licensee or club or temporary event organiser to set their own rules about permitting or denying access to children dependent upon the nature of the activities taking place on their premises. The Council acknowledges that the Statutory Guidance promotes a general relaxation in giving accompanied children greater access to licensed premises aimed at promoting family friendly environments.

Nevertheless, applicants should be aware that the protection of children from harm includes the protection of children from moral, psychological and physical harm and this includes the protection of children from exposure to strong language, sexual expletives and gambling. In certain circumstances children are more vulnerable and their needs will require special consideration. This vulnerability includes their susceptibility to suggestion, peer group influences, inappropriate example, the unpredictability of their age and their lack of understanding of danger.

Accordingly the Licensing Sub-Committee expect applicants, having regard to the nature of the premises and specific activities proposed, to initially identify any particular issues likely to cause concern in relation to children and address them in their operating schedules, for example, if a premises is in close proximity to a school or known locations frequented by children the Licensing Authority would expect the premises to avoid advertisements associated with alcohol.

The Licensing Sub-Committee may, if the circumstances are appropriate, seek to attach conditions such as those which:

• impose restrictions or exclusions on all children, or those of certain ages, from some or all parts of a premises when particular specified activities are taking place
• impose limits on the hours when children may be present
• impose age limitations
• impose requirements for an accompanying adult or particular numbers of supervising adults per ratio of children (including for example a combination of requirements which provide that children under a particular age must be accompanied by an adult)
• a full ban, or limitation of access, on persons under 18 years from the premises when any particular licensable activities take place (e.g. drinks promotions or happy hours)
• measures to ensure children are not exposed violence or disorder.

The Council recognises that the South Tyneside Safeguarding Childrens Board represents those who are responsible for and interested in matters relating to the protection of children from harm and are best placed to be able to advise the Licensing Committee on such matters.

The South Tyneside Safeguarding Children Board is accordingly a responsible Authority under Section 13 of the 2003 Act and applicants for new or variations of premises licences or club premises certificates must give details of their proposals to this Committee. The contact address is South Tyneside Safeguarding Children Board 38 Laygate Place, South Shields, Tyne and Wear NE33 5RT. Applicants are advised, where they intend to operate functions specifically aimed at children, to seek advice from the South Tyneside Safeguarding Children Board and incorporate any recommendations in their operating schedule before submitting their applications.

In the case of entertainment which is to be provided specifically for children and where children are to be left in the care of persons employed by or contracted to the management of the premises or event, the Authority expects that such persons will have had necessary Criminal Disclosure and Barring Service checks carried out upon them.

Persons who intend to use their premises for events specifically attracting unaccompanied under 18’s will be expected to have fully set out in their operating schedule the specific measures by which they propose to protect such vulnerable persons. If they fail to do so satisfactorily, they may be regarded as failing to promote the licensing objective concerning the protection of children from harm and may be unsuccessful in securing or retaining a licence.

In the case of film exhibitions, the Council will expect licence and certificate holders and also those giving notice of temporary events within the terms of the 2003 Act to implement measures that restrict children from viewing age restricted films classified according to the recommendations of the British Board of Film Classification or the Council. In the case of a film exhibition that has not been classified, the Council will expect the Licensee to arrange for an appropriate classification by the Council in accordance with paragraph 16.2 below.

The Council recognises that representations made by the Child Safeguarding Bodies, the Director of Public Health and the Police, in respect of individual applications, should be given considerable weight when they address necessary issues regarding the admission of children.

The Licensing Sub-Committee will exercise its discretion in such manner as is a necessary and proportionate response to the individual matter before it.

Where the licensable activity includes the sale of alcohol the premises must have a Designated Premises Supervisor who holds a valid Personal Licence. This is a mandatory condition. Community Premises and Club Premises Certificates are exempt from this mandatory requirement but nevertheless the Licensing Authority expects the Club Secretary’s details to be provided as a point of contact for each club premises certificate and those of the key officers of any community premises.

The Government’s ©intention (as set down in paragraphs 4.31of the Statutory Guidance) is that the Designated Premises Supervisor (DPS) should have day to day responsibility for management of the premises and can be readily contacted by the Police, Local Authority or other statutory officers in the execution of their duties when there are any issues in relation to the premises.

Details of the DPS are stipulated on the premises licence and it is the responsibility of both the Premises Licence Holder and the DPS themselves to notify the Licensing Authority immediately of any change of DPS, which may occur. Where the DPS is not available for a significant period of time the Premises Licence Holder should consider nominating an individual as a point of contact in the interim and advising the Licensing Authority and Police accordingly. The same applies to the named point of contact given for a club premises certificate or the key officers of a community premises.

In 2009 the Licensing Act was amended to allow a management committee in control of premises such as church, chapel, village, community or parish halls, or other buildings of a similar nature, that are essentially community premises, to apply for a premises licence to include the sale of alcohol and essentially be exempt from the mandatory conditions in paragraphs 19(2) and 19(3), concerning the sales of alcohol through a Designated Premises Supervisor and personal licence holder. Instead, the community premises can ask to apply the ‘alternative licence condition’ in section 25A (2).

The alternative licence condition is that ‘every supply of alcohol under the premises licence must be made or authorised by the management committee’.

The Licensing Authority will consider the status of each premises on a case-by-case basis, having regard to the statutory guidance, to determine whether it is in fact a community premises.

The Licensing Authority expects that the management committee will be a formally constituted,transparent and accountable structure or body. It must have the capacity to provide sufficient oversight of the premises to minimise any risk to the licensing objectives that could arise from allowing the responsibility for supervising the sale of alcohol to be transferred from a designated premises supervisor and personal licence holder or holders.

It is the responsibility of the license holder to ensure that no film exhibited at the licensed premises is likely to lead to disorder and / or stir up hatred or incite violence towards any section of the public on grounds of colour, race or ethnic or national origin, disability, religious beliefs, sexual orientation or gender.

The admission of children to any film exhibition must be restricted in accordance with the recommendations given to films by the British Board of Film Classification or by the Council. The Licensing Authority will attach the appropriate mandatory condition to any premises licence where films are shown in according with section 20 of the 2003 Act. The British Board of Film Classification or the Licensing Authority must classify non-classified films before showing. Where a licence holder is intent upon requesting the Council to classify a film, they must arrange for the Council viewing to take place, a minimum of 28 days prior to the proposed public exhibition of the film.

If the Licensing Authority is concerned about the classification given by the British Board of Film Classification to a particular film, it may give notice to the holders of the premises licenses that the film may not be exhibited until it has been viewed and classified by the Council. In such circumstances the Council will view and classify the film as a matter of urgency.

Where any video works are shown on premises with a licence, they should be suitable for the age group of the children permitted in the Operating Schedule, having regard to the official age classification of the work given by the Council, British Board of Film Classification or other film classification board approved by the Council.

In any circumstance where a premises intends to show a film which has been classified as R18 (or which would otherwise fall into that category) and will therefore satisfy the definition of a ‘sex cinema’, the Licensing Authority expects that the premises showing the film will obtain a sex cinema licence as set out in the Local Government (Miscellaneous Provisions) Act 1982.

It is now accepted that longer licensing hours for the sale of alcohol help disperse large numbers of customers over a longer period through leaving at different times rather than them all leaving premises simultaneously. This can help avoid friction at late night food outlets, taxi ranks, metro stations and bus stops. However, the Council recognises that the four licensing objectives are always paramount considerations and the individual merits of each application will always be examined.

Zoning means setting fixed trading hours within a stated area. The Council will not use licence zoning, as this will encourage customers to move between areas to the zone with the latest opening hours increasing the number of people and potential for trouble and noise in those areas.

The Council will not have staggered closing times through licensing, for example allocating closing times of 11 pm, midnight, 1 am, 2 am and 3 am and so on to particular premises. This would create several smaller peaks of movement for causing disturbance.

Generally, when considering the issue of hours, the Council expects the Licensing Authority to:

• Generally, in areas of dense residential population must be able to demonstrate robust measures being put in place to minimise any detrimental impact on the surrounding community, relevant to the licensing objectives, before any additional hours would be considered if the licensing authorities’ discretion is engaged.
• Make stricter conditions, on licensing hours for pubs, clubs and other licensed entertainment to control noise in mainly residential areas where larger numbers of people live, than in mainly commercial areas
• consider what public transport is available nearby to, what car parking is available and whether vehicles cause disturbance when driving away, for example slamming car doors, playing loud music, using the horn, revving engines, squealing tyres and so on when considering any applications terminal hours, but particularly those near residential premises. These same considerations will be similarly very relevant where a premises is seeking to make use of external areas for smoking or as beer gardens. The Licensing Authority consider that an applicant must be capable of demonstrating the use of robust measures to have such areas available for the consumption of alcohol beyond 21:00 hours on any night of the week.
• limiting the hours when children (persons under 18 years) may be present on licensed premises where necessary, particularly if there are gambling, adult or sex related activities taking place on the premises
• generally permit shops, stores and supermarkets to sell alcohol for drinking off the premises at any time when the outlet is open for shopping, unless there are good reasons for restricting the hours. It may be appropriate to limit hours where for example a shop has become the focus of disorder or disturbance, or because there are increased levels of alcohol consumption in the locality which is impacting on factors such as health and / or crime and disorder
• not limit opening hours without having regard to the points made in any individual application

The Council recognise that there has been an ever-increasing trend of alcohol being purchased from shops and consumed by people within their own homes. This has impacted particularly on the younger element of society who “preload” before going out to traditional pubs, restaurants and night clubs. It also enables children who are underage to have access to alcohol, in significant quantities. The Council accept that in certain areas these trends are impacting negatively on the licensing objectives either because of the increase in numbers of premises selling alcohol or the impact existing premises are having in a locality.

The Council appreciates the amendments to the Licensing Act bought about by The Police Reform and Social Responsibility Act 2011 (“the PRSR Act”) giving every licensing authority the discretion to tackle high levels of alcohol related crime and disorder, nuisance and anti-social behaviour by restricting sales of alcohol, for a specified time period between midnight and 6am, through the introduction of an Early Morning Alcohol Restriction Order (“EMRO”)

The Council acknowledge that the decision to implement an EMRO must be evidence based so that they would need to be satisfied that such an Order is appropriate, in all or part of the Borough, because of serious high levels of concerns regarding the promotion of the licensing objectives where the issues are not attributable to any particular premises. Also, that the implementation of an EMRO must be weighed against the potential burden it would present for premises licences and club premises certificate holders.

The Council appreciates the levels and sources of evidence needed to implement an EMRO, as set out in Section 16 of the Statutory Guidance, and would expect to meet these requirements while supported by other responsible authorities and partnership agencies or any person, group or body of persons with similar concern for the promotion of the licensing objectives seeking to make representations to the council concerning the implementation of this type of Order.

The Council recognise that an EMRO is a solution of last resort where all other measures to redress the detrimental effects upon the licensing objectives have been unsuccessful in tackling the goals required.

There are currently no EMRO’s in place in the Borough of South Tyneside.

The Council recognise its power as a licensing authority to introduce a Late Night Levy across the Borough. This would allow an annual fee to be collected from all premises licensed for the sale or supply of alcohol between midnight and 6 am. The fee would be levied as a contribution to the extra cost of management of the nighttime economy imposed on the Police and Local Authority caused by late night trading.

The Police receive at least 70% of any revenue generated by a Late Night Levy and therefore any decision to introduce, vary or cease a levy is likely to be made by the Council in conjunction with the Police and in full accordance with the statutory regulations in terms of consultation with premises and club premises certificate holders permitted to trade after midnight.

There is currently no Late-Night Levy applying in the Borough.

The Live Music Act 2012 was designed to encourage more performances of live music and deregulate licensing requirements for the provision of live music in certain circumstances and at certain times. These changes have been extended by the Legislative Reform (Entertainment Licensing) Order 2014, which has further deregulated certain types of regulated entertainment in defined circumstances. The combined effect of these two pieces of legislation is that there are no licensing requirements for:

• Amplified ‘live’ and recorded music between 8.00 a.m. and 11.00 p.m. before audiences of no more than 500 people on premises authorised to sell alcohol for consumption on the premises which are open for that purpose.
• Amplified ‘live’ music between 8.00 a.m. and 11.00 p.m. before audiences of no more than 500 people in workplaces not otherwise licensed under the 2003 Act (or licensed only for the provision of late night refreshment).
• Unamplified ‘live’ music between 8.00 a.m. and 11.00 p.m. in all venues.
• The provision of entertainment facilities.
• The provision of regulated entertainment by or on behalf of Local Authorities, Health Care Providers or Schools on their own defined premises between 8.00 a.m. and 11.00 p.m. with no audience limit.
• Entertainment provided by Local Authorities, Health Care Providers or Schools when making premises available to third parties between the hours of 8.00 a.m. and 11.00 p.m. before audiences of no more than 500 people.
• Entertainment licensing in community premises for the purpose of providing amplified, live or recorded music between 8.00 a.m. and 11.00 p.m. before audiences of no more than 500 people.
• Circus for all descriptions of entertainment licensing (except film showing or boxing or wrestling) if between the hours of 8.00 a.m. and 11.00 pm. And no audience limit applies.
• Greco-Roman and freestyle wrestling in any venue.
• Incidental films in any venue.

Any licence conditions relating to live music which applied before these changes were brought in are suspended but other regulatory controls, such as noise nuisance, fire safety, health and safety etc. remain in place and it is possible for the Licensing Authority to re-instate or impose new conditions following a review of a premises licence. The Council recognise that a review is a serious issue for licence holders and can ultimately lead to the revocation of the licence if operators fail to comply with the law.

The Licensing Authority asks the views of the Police on its policy statement regarding local crime prevention. It considers any relevant protocols made with the Police under the Crime and Disorder Act 1998, for example CCTV in the town centre, and considers any strategies developed with the Police through the Pub Watch and Off Watch schemes, of which it is a member. The Police also have the right to make representations on licence applications and reviews and refer to relevant strategies. It has regard to the South Tyneside Crime and Disorder Reduction and Community Safety Strategy where it refers to alcohol related crime and disorder, drug related crime and disorder and any other relevant issues and the Community Safety Partnership Plan.

The Council remains signed up to the Local Authority Declaration on Alcohol and is committed through this and its own Alcohol Strategy Document to reduce alcohol harm and its impact on the community.

The Licensing Committee will apply a stepped approach to all licensing applications and reviews. It may therefore act or use appropriate conditions, where relevant representations are made, to assist in applying safer licensing strategies, identified within any and all local or national policies, and having regard to any earlier regulatory action brought by other regulatory regimes, including those concerning anti-social behaviour.

The Council operates planning and building controls and consults the Development Services when writing its licensing policy.; licensing applications will not be a re-run of planning applications. The planning, building control and licensing regimes will be properly separated to avoid duplication and inefficiency.

Applicants for premises licences and club premises certificates should have obtained the relevant planning permissions, Building Control approval and certificates of satisfactory completion prior to making their applications except in exceptional circumstances such as seeking a provisional statement.

Public transport policy is decided by the Tyne & Wear Passenger Transport Authority and implemented by the Tyne & Wear Passenger Transport Executive, known as Nexus. Nexus is also the operator of the Metro system and the Shields Ferry Service. The Council seeks their views on its policy.

The Council has in place both tourism and cultural strategies, these have been considered in the drafting of this policy statement. Where appropriate the Licensing Committee considers the needs of the local tourist economy and the cultural strategy for the area in considering licensing applications.

Live music, theatre, dancing, street art, circuses and other similar artistic live entertainment are welcomed and encouraged in South Tyneside.

The Council has festivals of live music, dancing, theatre etc. to benefit the wider community and aid social inclusion and provide venues where children can learn about and enjoy different cultural activities. Local residents as well as the wider community generally enjoy these activities, but the Licensing Committee will always carefully balance the potential for limited disturbance in the nearby neighbourhoods with the wider benefits for all of its people, when licensing such events.

Where the Council is using its own public open spaces for live music, dancing, theatre, street art, circuses and other similar artistic live entertainment performers and entertainers will have to enter into an appropriate agreement with the Council to use the venue responsibly and comply with any licence or other hire conditions.

The Council acknowledges the opportunities produced by new licensed premises for creating investment and employment in its area. However, any new development must be designed to support and promote the licensing objectives and must not impact negatively on the local community.

The Human Rights Act 1998 incorporates the European Convention on Human Rights and makes it unlawful for a Local Authority to act in a way that is incompatible with a Convention Right. The Council accepts that the Licensing Authority will have particular regard to the following relevant provisions for European Convention on Human Rights when determining applications:

• Article 6 – that in determination of civil rights and obligations everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law
• Article 8 – that everyone has the right to respect for their home and private life
• Article 1 – of the first protocol that every person is entitled to the peaceful enjoyment of their possessions, including for example the possession of a licence

The Equality Act 2010 introduced measures to tackle discrimination encountered by disabled people in the areas of employment, access to goods, facilities and services and the management, buying or renting of land or property.

For service providers, such as licensees, this means:

• it has been unlawful to treat disabled people less favourably than other people for a reason related to their disability
• reasonable adjustments should be made for disabled people such as providing extra help or making changes to the way they provide their services
• reasonable adjustments should be made to the physical features of premises which are open to the public

The Council has a published Equality and Diversity Plan and this sets out how it tackles and is compliant with its duties under the Equality Act

The Government has published an Alcohol Strategy and a policy for Reducing Harmful Drinking in England. The Council acknowledges that these documents must be taken into account when determining applications and in particular reviews of licences, especially with regard to the sale of alcohol to under 18s and the impact of the lack of effective steps to tackle alcohol fuelled anti-social behaviour. The Council has further endorsed the principles embedded in both government documents by signing up to the Local Authority Declaration on Alcohol.

The Council, the Licensing Authority and the Licensing Committee do not discriminate against any applicant or licence holder on the grounds of disability, gender, sexual orientation, religion or belief, or race (or where there is any other relevant legal obligation) in the application of the Licensing Policy.

The Race Relations Act 1976, as amended by the Race Relations (Amendment) Act 2000 requires us to have a race equality scheme.

The Local Authority have due regard to the need to eliminate unlawful discrimination and promote equality of opportunity and good relations between persons of different racial groups.

The planning, building control and licensing regimes are properly separated to avoid duplication and inefficiency. (Statutory Guidance paragraph 13.56) Licensing Committees are not bound by decisions made by planning committee and vice versa. They involve different considerations and neither type of applications will be a re-run of the other.

The grant or variation to a licence which involves a material alteration to a building does not relieve the applicant of the need to apply for planning permission or building regulation control where appropriate (Statutory Guidance paragraph 9.40). South Tyneside Building Control Officers are available to discuss any alterations to premises which are the subject of initial or variation applications.

The Consumption of alcohol can be restricted in certain parts of the Borough using Byelaws and other orders. The Council supports the use of these measures to control the detrimental effects of the consumption of alcohol and will continue to do so in partnership with other statutory bodies as it considers appropriate and as requested.

Designated Public Place Orders (DPPO) now Public Space Protection Orders are currently in effect in the Borough. The orders give the Police wider discretionary powers to require a person to stop drinking in certain designated areas. The police can not only require the person to stop drinking but they can also confiscate their alcohol. The Orders have criminal sanctions and the areas they affect can be found at Public Space Protection Orders (PSPOs) - South Tyneside Council.

The Council are currently consulting on widening and extending the PSPO’s over the next few months.

The Council do not currently have a Special Policy Area effected by Cumulative Impact.

The policy identifies the changes introduced through the Immigration Act 2016, which amended the Licensing Act 2003, and which prevents premises licences and personal licences being issued to people who do not have permission to be in the UK or are not entitled to undertake work related to licensable activities. Immigration offences and penalties are now relevant offences under the Licensing Act 2003.

Immigration Act 2016 – Section 36 and Schedule 4 of the Immigration Act 2016 amended the Licensing Act 2003 and made Home Office Immigration Enforcement a Responsible Authority concerned with the licensing objective of prevention of crime and disorder. They will exercise their power both in respect of being a consultee on new licence applications and having right of entry to licensed premises with a view to seeing whether an offence under any of the Immigration Acts is being committed on a licensed premise. This will primarily involve the detection and prevention of illegal working on premises that have an alcohol licence or a late-night refreshment licence. The offence of employing people at a licensed premise who have no right to work in the UK is also now listed in the Secretary of State’s guidance which covers criminal activity deemed to be particularly serious and where a licensing authority should consider revoking a premises licence even in the first instance.

The Council has established protocols with Northumbria Police to cover enforcement of the licences and certificates and inspection of licensed premises.

These protocols target agreed problem and high-risk premises that require greater attention.

The Act does not require the Authority to undertake annual inspections of licensed premises for public entertainment, theatre, cinemas, night cafes and late-night refreshment houses. Inspections are carried out when considered necessary; they may be more regular for problem premises and less often for low-risk premises.

Problem premises may be tackled by either prosecution or review of the licence or both where other less formal methods have failed to be successful in combating the detrimental effects a premises is having on some or all of the licensing objectives.

The Council is involved in a wide range of licensing decisions and functions and appreciating the need to provide a speedy, efficient and cost-effective service to all parties involved in the licensing process has established a Licensing and Regulatory Committee of 15 members to administer them. The powers under the Act also allow for delegation of powers/functions to Licensing Sub-Committees or to one or more officers.

Many of the decisions and functions are largely administrative in nature such as the grant of non-contentious applications including for example those licences and certificates where no representations have been made. These are delegated to Council officers, but such delegation does not preclude a decision on any matter being taken to Committee.

Applications where there are relevant representations will be dealt with by the Licensing Committee/Sub-Committee – unless such representations are considered irrelevant, frivolous or vexatious or unless the Council, the Applicant and everyone who has made representations for a premises licence, club premises certificate, variation application or provisional statement agrees that a hearing is not necessary.

The table given in Appendix 7 below sets out the agreed delegation of decisions and functions of the Licensing Committee, Sub-Committees and Officers.

Unless there are compelling reasons to the contrary, the Council will require the Licensing Committee or any of its Sub-Committees to meet in public – although members will retire into private session to consider their decision.

This Licensing Policy Statement lasts for a five-year period beginning on the 7 January 2021. The Licensing Authority keeps the policy under review and consultation will take place before there are any revisions.

Where any revisions to the statutory guidance are issued during the currency of this Policy they are taken into account whenever the Licensing Authority is required to consider its Policy Statement.

www.southtyneside.gov.uk

If there is any inconsistency or ambiguity in this Licensing Policy Statement in relation to the Act or the Licensing Guidance then the reader is referred to the relevant section of the Act for legal clarification, if the point is not specified in the Act (for example “cumulative impact”) then the reader is referred to the Licensing Guidance issued under section 182 of the Act for clarification.

All references to the Statutory Guidance in this document are references to the publication of the Statutory Guidance dated March 2015. However, in exercising their functions during the duration of this Policy the Licensing Authority will have regard to the latest publication of the Statutory Guidance in force at the time of making its decisions.

The Licensing Act 2003 – (mandatory licensing conditions) Order 2010 (as amended)

The following is the Schedule to the above Order which sets out 5 additional mandatory conditions which apply to any existing or future premises licence which authorises the supply of alcohol or club premises certificate permitting the supply of alcohol to members and guests, in both instances where the alcohol is permitted to be consumed on the premises

Schedule

Except where a Licence authorises the sale by retail or supply of alcohol for consumption off the premises only the following mandatory conditions apply to an existing or future premises licence or club premises certificate. The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises –

1. games or other activities which require or encourage, or are designed to require or encourage, individuals to-
   1. drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
   2. drink as much alcohol as possible (whether within a time limit or otherwise)
2. provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective
3. provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective
4. selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.
5. dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability)

The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

The designated premises supervisor in relation to the premises must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either

1. a holographic mark, or
2. an ultraviolet feature

The responsible person must ensure that:

1. where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures:
   1. beer or cider: ½ pint;
   2. gin, rum, vodka or whisky: 25 ml or 35 ml
   3. still wine in a glass: 125 ml
2. these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
3. where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014 Schedule

For premises

A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

In this condition:

1. “permitted price” is the price found by applying the formula P = D + (D x V), where–
2. P is the permitted price,
3. D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and
4. V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol
5. “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979
6. “relevant person” means, in relation to premises in respect of which there is in force a premises licence:
   1. the holder of the premises licence,
   2. the designated premises supervisor (if any) in respect of such a licence, or
   3. the personal licence holder who makes or authorises a supply of alcohol under such a licence
7. “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question
8. “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

Where the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.

Where the permitted price on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax, the permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

For clubs

In this condition:

1. “permitted price” is the price found by applying the formula P = D + (D x V) , where–
   1. P is the permitted price,
   2. D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and
   3. V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol
2. “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979
3. “relevant person” means, in relation to premises in respect of which there is in force a premises licence:
   1. the holder of the premises licence,
   2. the designated premises supervisor (if any) in respect of such a licence, or
   3. the personal licence holder who makes or authorises a supply of alcohol under such a licence
4. “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question
5. “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994
6. where the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny
7. where the permitted price on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax, the permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day