LICENSING ACT 2003 POINTS TO CONSIDER WHEN PROMOTING THE LICENSING OBJECTIVES
1. Prevention of Crime and Public Disorder
1.1 Use of text/radio pagers connected to the local Police;
1.2 Employment of registered door supervisors;
1.3 Prevention of sales in glass bottles;
1.4 The use of plastic or toughened glass glasses;
1.5 The use of CCTV;
1.6 The prevention of drinks being taken from the premises in glasses or open bottles;
1.7 Restriction on the area in
which drinking can take place eg in a sports ground;
1.8 Capacity limits, if any, to be observed and checked by door supervisors, if any;
1.9 The requirement to establish proof of age eg by driving licences, passports or student cards;
1.10 Put up crime prevention notices eg "beware of bag snatchers";
1.11 The Licensing Authority can prevent irresponsible sales promotions and the discounting of prices if it considers that it is likely to result in an increase in crime or public
disorder;
1.12 There should be signs outside the premises indicating the hours during which alcohol can be sold and the rights or otherwise of children (ie persons under 18) to be on the premises;
1.13 High volume vertical drinking premises (HVVDs) may have conditions attached limiting the number of persons attending, insisting on a certain proportion of tables and chairs to capacity and the presence of registered door supervisors.
2 Public Safety
It is anticipated that these are matters which will normally be covered by the Fire Authority or Environmental Health Officer and include such things as escape routes, safety checks, capacity limits etc.
3 Public Nuisance
3.1 Consider your hours of opening in relation to the environment surrounding your
premises;
3.2 Consider noise and vibration – you may be required by the Licensing Authority to take steps to reduce this;
3.3 Consider preventing noxious smells from emitting from your premises;
3.4 Consider the effect of light pollution in relation to the environment surrounding your premises.
4 Protection of Children from Harm
4.1 The Licensing Authority may restrict the access of children to certain premises completely;
4.2 Premises not selling/supplying alcohol after 11 pm (for example a bar which remains open but only for the sale of non-alcoholic drinks) will be prevented from having children under the age of 12 present;
4.3 The operating schedule must outline the steps which you intend to take to protect children
from harm if they are allowed on the premises eg having an area set apart, providing food etc, equivalent to some extent to the present Children’s Certificate;
4.4 Remember the Licensing Act says:-
4.4.1 There can be no sale of alcohol to a person under 18 anywhere;
4.4.2 No child under 16 who is unaccompanied by an adult may be permitted on premises used primarily for the supply or sale of alcohol (this includes Club Premises);
4.4.3 No child is permitted to purchase alcohol and likewise it is an offence for an adult to purchase alcohol for a child save that he may buy beer, wine or cider for a child aged 16 or 17 so long as the drink is to be consumed with a table meal (not just a snack).
Please do not hesitate to contact David Mole or Karen Mayes if you
require further information or advice.
David Mole Hawkins Russell Jones 7/8 Portmill Lane, Hitchin, Herts SG5 1AS Tel: 01462 628888 Fax: 01462 631233 E-mail: david.mole@hrjlaw.co.uk
Karen Mayes Hawkins Russell Jones Gate House, Fretherne Road, Welwyn Garden City, Herts AL8 6RD Tel: 01707 887700 Fax: 01707 887701 E-mail: karen.mayes@hrjlaw.co.uk
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