Part A

Background

Rother District is situated at the eastern end of the County of East Sussex and covers an area of 200 square miles. With a 25-mile coastline, it is predominantly a rural District that embraces the vast majority of the historic 1066 countryside. The town of Bexhill-on-Sea is home for just under half of the District’s total resident population of 93,100 (2021 Census). The 31 small towns and villages are home for the remainder of the population. The second and third largest towns are historic Battle and Rye.

The Council recognises that the best means of promoting the licensing objectives is through the co-operation and partnership of local authorities, the police, Security Industry Authority (SIA), local business, performers, local people and those involved in child protection.

The Director of Public Health promotes the fact that alcohol is a key determinant of health and wellbeing, recognising it as a preventable harm that creates demand on public services.

Other Legislation

Planning

As per S182 guidance this licensing policy reflects that planning permission, building control approval and licensing regimes will be properly separated to avoid duplication and inefficiency. The planning and licensing regimes involve consideration of different (albeit related) matters. Licensing committees are not bound by decisions made by a planning committee, and vice versa.

There are circumstances when, as a condition of planning permission, a terminal hour has been set for the use of premises for commercial purposes. Where these hours are different to the licensing hours, the applicant must observe the earlier closing time. Premises operating in breach of their planning permission would be liable to prosecution under planning law.

S182 guidance states that “where businesses have indicated, when applying for a licence under the 2003 Act, that they have also applied for planning permission or that they intend to do so, licensing committees and officers should consider discussion with their planning counterparts prior to determination with the aim of agreeing mutually acceptable operating hours and scheme designs”.

A premises licence does note override planning restrictions or the need for planning permission.

Where planning permission is required, the Planning Service will need to consider the appropriateness of the proposed licensed hours against planning policy.

Premises must have the appropriate planning permission to operate and comply with all other relevant legislation, e.g.

The Gambling Act 2005
The Equality Act 2010
The Regulatory Reform (Fire Safety) Order 2005
Anti-social Behaviour, Crime and Policing Act 2014
The Environmental Protection Act 1990
Noise Act 1996
Health & Safety at Work etc Act 1974 (Risk Assessments for work practices and fire safety).
Food Safety Act 1990 (Food Hygiene)..
Building Regulations.

Operating Schedule

Application for a premises licences or club premises certificate must be accompanied by an operating schedule that demonstrates that the licensed premises can comply with this licensing policy and achieve the four licensing objectives of:

• Prevention of crime and disorder.
• Public safety.
• The prevention of public nuisance.
• The protection of children from harm.

The operating schedule must be adequate and appropriate for the type, site and opening hours of the particular premises. The policies and matters for consideration in Part C are not standard but need to be considered and included in the operating schedule if necessary.

The operating schedule forms a vitally important part of the completed application form for a premises licence since it serves to indicate the basis on which it is proposed that the premises will be operated. In the event that the premises licence is granted without objection, the operating schedule becomes part of the licence, in that its contents become conditions of the licence. The Act requires an operating schedule to set out the steps, which an applicant of a premises licence proposes to take, to achieve the licensing objectives.. These steps will have emerged from the risk assessments which applicants are encouraged to undertake before making an application for a premises licence.

The Director of Public Health advises that there is evidence that demonstrates a clear relationship between alcohol intoxication and increased risks of violence and antisocial behaviour. Applicants/licence holders must proactively address management of intoxication including refusal of service to drunk individuals and responsible alcohol promotions within operating schedules.

Where the responsible authorities and interested parties do not raise any representations about the application, it is the duty of the licensing authority to grant the premises licence. The duty is to grant subject only to conditions that are necessary for the promotion of the licence objectives and are consistent with the operating schedule and any mandatory conditions described in the Act itself. Great care and attention should therefore be given to the preparation of an operating schedule in order to ensure that it is clearly sets out the steps which the applicant will take when operating his business.

The operating schedule should include any information which is necessary to allow any responsible authority or interested party to assess whether the steps to be taken to promote the licensing objectives are satisfactory

An operating schedule should include a description of the style and the character of the business to be conducted on the premises (for example a supermarket or a cinema with six screens and a bar, or restaurant or public house with two bars, a dining area and a garden open to the public). The Secretary of State’s Guidance states that “where alcohol is being sold for consumption on the premises in public houses, bars and nightclubs, it would also be valuable to know the extent to which seating is to be provided because research has shown that the amount of seating can be relevant to the prevention of crime and disorder. It should also indicate the type of activities available on the premises, whether licensable under the 2003 Act or not”. In relation to dance, (other than Morris dancing or dancing of a similar nature which does not constitute the provision of regulated entertainment) the operating schedule should describe the type of dancing in broad terms and disclose if any dancing involves striptease or lap-dancing. It should be made clear whether the dancing will take place by members of the public, or performers or both. In relation to music, it should be made clear what type of music is to be provided (for example, live acoustic music, live amplified music, pre-recorded dance music). This information will allow the responsible authorities and interested parties to form a proper view as to what measures would be necessary to ensure public safety and prevent nuisance.

The following advice is from the Secretary of State’s Guidance:

a) In preparing operating schedules, applicants should have regard to statements of licensing policy.

b) Licensing authorities and responsible authorities are expected so far as possible to publish material about the promotion of the licensing objectives and to ensure that applicants can readily access advice about the matters.

c) Applicants may wish to consult the following in relation to relevant issues:

(i) Crime Prevention: the police
(ii) Crime and disorder: the police and local authority
(iii) Noise: Environmental Health (Pollution)
(iv) Fire safety and capacity: ESFRS

Part B
Introduction

The Council in pursuance of its duties and powers under the Licensing Act 2003 hereby formally makes a statement as to its policy in respect of the provision of that Act. Rother District Council is the licensing authority under the Licensing Act 2003 and is responsible for granting premises licences, club premises certificates, and personal licences in the District in respect of the sale and/or supply of alcohol and the provision of regulated entertainment and late night refreshment. In this document the Council means the licensing authority.

The aim of the policy is to secure the safety and amenity of residential communities and patrons whilst facilitating a sustainable entertainment and cultural industry. Rother District Council in adopting the licensing policy recognises both the needs of residents to live in a safe and healthy nuisance free environment and the importance of safe and well run entertainment premises for the local economy and vibrancy of the District, that does not negatively impact on the health and wellbeing of residents.

The policy provides guidance to applicants, objectors and interested residents as to the general approach of the Council will take in terms of licensing. Although each licence application must be considered separately on its individual merits, the Council in adopting the licensing policy is making it clear that wider considerations other than the ability of the applicant and suitability of the premises will be taken into account.

The policy must be reviewed every 5 years. It may also be reviewed at shorter intervals if required.

The Policy

The Act requires that the Council carries out its various licensing functions so as to promote the following four licensing objectives, which are set out in the Act:-

(a) The prevention of crime and disorder
(b) Public safety
(c) The prevention of public nuisance
(d) The protection of children from harm

Each objective is of equal importance. There are no other statutory licensing objectives, so that the promotion of the four objectives is a paramount consideration at all times.

The Act further requires that the Council publishes a ‘Statement of Licensing Policy’ that sets out the policies the Council will generally apply to promote the licensing objectives when making decisions on applications made under the Act.

This Statement of Licensing Policy has been prepared in accordance with the provisions of the Act and the Guidance issued under section 182 of the Act and revised guidance published March 2015.

Licensing is about regulating the carrying on of licensable activities on licensed premises, and by qualifying clubs The conditions attached to licences will be focussed on matters which are within the control of individual licensees. Accordingly, these matters will centre on the premises and in the vicinity of those premises. The licensing authority’s focus is the impact of activities taking place on licensed premises on members of the public living, working or engaged in normal activity in the area concerned.

Cumulative Effect of a number of Licensed Premises in one area

The Council will not take ‘need’ into account when considering an application. ‘Need’ concerns the commercial demand for another licensed premises. However, it recognises that the cumulative impact of the number, type and density of licensed premises in a given area, may lead to serious problems of nuisance and disorder outside at some distance from the premises.

The Director of Public Health advises that this policy should recognise the cumulative impact of alcohol-related health harms, including increased demand on emergency and health services, alongside disorder and disturbance.

The Fire & Rescue Authority state that there is a cumulative impact of poor or inadequate fire safety management in licensed premises that may lead to fires, injuries, local distress (individual and community). Proportional conditions can be attached to licences if the responsible authority for fire safety makes a relevant representation. Conditions on a licence should not replicate duties and responsibilities that already exist under primary fire safety legislation.

Representations may be received from a responsible authority/interested party that an area has become saturated with premises making it a focal point for large groups of people to gather and circulate away from the licensed premises themselves, creating exceptional problems of disorder and nuisance over and above the impact from the individual premises.

In these circumstances, the Council may consider that the imposition of conditions is unlikely to address these problems and may consider the adoption of a special policy of refusing new premises licences or club premises certificates because the area is saturated with such premises and the granting of any more would undermine one of the licensing objectives.

When considering whether to adopt a special saturation policy the Council will have regard to:

Identification of concern from a responsible authority or representatives of residents about nuisance and disorder.
Consideration of whether it can be demonstrated that crime and disorder and nuisance are arising and are caused by the customers of licensed premises, and if so identifying the area from which problems are arising and the boundaries of that area; or that the risk factors are such that the area is reaching a point when a cumulative impact is imminent.

The Council will consider representations on the grant of a particular application based on its impact on the promotion of the licensing objectives in the District generally.

However, the onus would be on the responsible authority or representative to provide evidence to back up any assertion that the addition of the premises in question would produce the cumulative impact claimed, taking into account that the impact will be different for premises with different styles and characteristics. It therefore also recognises that, within this policy, it may be able to approve licences that are unlikely to add significantly to the saturation and will consider the circumstances of each individual application.

The Director of Public Health advises that there is evidence, including alcohol-related hospital admissions, ambulance callouts and treatment service demand, which may provide relevant evidence when assessing cumulative impact.

Even in the absence of a special policy, the issue of cumulative impact can be raised on a new application if it is alleged to impact on one or more of the licensing objectives.

Where the licensing authority has concerns about the effect of activities at existing premises between midnight and 6am on the promotion of the licensing objectives in a specific area, it may introduce an Early Morning Restriction Order (EMRO) if there is sufficient evidence to do so. An EMRO is a powerful tool which will prevent licensed premises, in the area to which the EMRO relates, from supplying alcohol during the times at which the EMRO applies. EMROs are designed to address recurring problems such as high levels of alcohol related crime and disorder in specific areas at specific times; serious public nuisance and other instances of alcohol related behaviour which is not directly attributable to specific premises.
The Council would however seriously consider whether taking this step is reasonable, justified and proportionate. It is the Council’s intention to support businesses rather than hinder them, whilst ensuring the promotion of the licensing objectives. The introduction of an EMRO may have far reaching, wider impacts on the socio-economic circumstances in an area. Other measures that could be considered prior to an EMRO include:

Working in partnership with licensed premises on voluntary measures and encouraging the creation of business-led best practice schemes in the area;
• Reviewing licences of specific problem premises
• Use of the new closure power in the Anti-social Behaviour, Crime and Policing Act 2014. This new closure power can be used to protect victims and communities by quickly closing premises that are causing nuisance or disorder.
• Introducing a Cumulative Impact Policy

Other Controls on Anti-social Behaviour

Other mechanisms exist to control the anti-social behaviour of the minority of consumers who behave badly and unlawfully after leaving licensed premises etc. These controls include:

Positive measures to create a safe and clean town centre environment in partnership with local businesses, transport operators and other departments of the local authority;
The provision of CCTV surveillance in town centres, taxi ranks, provision of public conveniences open late at night, street cleaning and litter patrols;
Power of local authorities to designate parts of the local authority area as places where alcohol may not be consumed publicly. (Public Spaces Protection Order (PSPO) in the Anti-social Behaviour Crime and Policing Act 2014 can be used to restrict the drinking of alcohol in a public place where this has, or is likely to have, a detrimental effect on the quality of life on those in the locality, be persistent or continuing in nature, and unreasonable);
Police enforcement of the law concerning disorder and anti-social behaviour including the issuing of fixed penalty notices;
The prosecution of any personal licence holder or member of staff at such premises who is selling alcohol to people who are drunk;
The confiscation of alcohol from adults and children in designated areas;
Police powers to close down instantly for up to 24 hours any licensed premises or temporary events on grounds of disorder, the likelihood of disorder or excessive noise emanating from the premises;
The power of the Police and other responsible authorities or a local resident or business to seek a review of the licence or certificate in question;
Raising a contribution to policing the late night economy through the Late Night Levy.

Licensing Hours

With regard to licensing hours, the Council acknowledges that different opening hours can help reduce the number of people leaving licensed premises at the same time. The aim of which is to avoid binge drinking at the end of the evening. This is necessary to reduce the friction on late night food outlets, taxi ranks and other sources of transport which lead to disorder and disturbance. However, there is no general presumption in favour of lengthening licensing hours.

Premises in residential areas may be subject to stricter controls with regard to opening hours to ensure that disturbance to local residents is minimised. The Council considers that it is self evident that the risk of disturbance to local residents is greater when licensable activities continue late at night and into the early hours of the morning. For example, the risk of residents’ sleep being disturbed by patrons leaving licensed premises is obviously greater at 2 a.m. than at 11 p.m. It is, therefore, the policy of the Council to strike a fair balance between the benefits to a community of a licensed venue and the risk of disturbance to local residents. In predominantly residential areas, therefore, it may not be appropriate to allow closing times later than midnight. Applicants will be expected to demonstrate, with detailed proposals, how their business will uphold the public nuisance objective towards residential neighbours where opening hours exceed midnight. These measures need to be detailed in the application, not introduced late in the application process or during hearings.

It may be acceptable to open later on a limited number of occasions. This would allow licensees to extend opening beyond midnight for special occasions such as New Year. However, every application will be determined on its merits, and applicants wishing to operate beyond midnight will need to demonstrate, to the satisfaction of the Council, in their operating schedule, that there will be no significant disturbance to members of the public living, working or otherwise engaged in normal activity around the premises concerned.
The Director of Public health advises that there is evidence which demonstrates that extended hours of alcohol availability, particularly late at night and in the early morning, are associated with increased alcohol-related harm. There is a relationship between hours of alcohol sale and health impacts, alongside crime and disorder considerations.
Applicants/licence holders must pro-actively of manage “drinking-up” or wind-down periods in order to reduce peak intoxication, supporting gradual dispersal and reducing the likelihood of harm occurring at closing time

Integration of Strategies

The Council will secure the proper integration of this policy with local crime prevention, public safety, planning, transport, tourism, public health and cultural strategies by liaising and consulting with Sussex Police, East Sussex Fire & Rescue Service, Trading Standards, Crime & Disorder Partnerships, East Sussex Public Health Service and following the guidance in the adopted Crime & Disorder Reduction Strategy for the District. The Committee can will also liaise with East Sussex County Council as the Highways and Transport Authority. The Licensing Committee can will consider the Authorities existing and future arts, cultural and tourism strategies. The Director of Public Health advises that local alcohol harm reduction strategies and needs assessments can be used to inform licensing decisions. Evidence shows that alcohol dependence within families can have wider impacts on children’s health, wellbeing and safeguarding.

The Licensing Authority will give considerable weight to representations about child protection matters. In addition to the responsible authority whose functions relate directly to child protection, the Director of Public Health may also have access to relevant evidence to inform such representations. These representations may include, amongst other things, the use of health data about the harms that alcohol can cause to underage drinkers. Appropriate conditions could be considered to ensure that children are protected from harm.

Conditions attached to premises licences and club premises certificates will, so far as possible, reflect local crime & disorder reduction strategies.

Tourism and Employment

The Licensing Committee may receive reports when appropriate on the needs of the local tourist economy and any future cultural strategy for the area to ensure these are reflected in their considerations. The Committee may also be kept appraised of the employment situation in the area and the need for new investment and employment where appropriate.

Planning Applications

The determination of planning applications and licensing applications are recognised as being a separate activity. Licensing applications are not a re-run of the planning application and should not cut across decisions taken by the Local Authority Planning Committee or following appeals against decisions by that Committee. The Licensing Committee can if where appropriate will provide regular reports to the Planning Committee on the situation regarding licensed premises in the area including the general impact of alcohol related crime and disorder.

The planning service are a responsible authority under the Licensing Act 2003 and it can make relevant representations for and against a licence application.

Other Legislation

The Council will seek to avoid duplication with other regulatory regimes as far as possible. However, if other regulations do not cover the unique circumstances that arise in connection with for example entertainment at specified premises then additional controls will be imposed.

Standardised Conditions

Conditions can only be imposed if a relevant representation is made and it is necessary to secure the licensing objectives. Conditions attached to licensing certificates will, as far as possible, be tailored to the individual style and characteristics of the premises and events concerned. Disproportionate and over burdensome conditions on premises will not be imposed where there is no need for such conditions. Standardised conditions will be avoided.

Enforcement

Enforcement of licensing laws, public safety and the inspection of licensed premises will be undertaken by the relevant authorities taking account of any local agreements between Sussex Police, East Sussex Fire & Rescue Service, Trading Standards and the Licensing Authorities of Sussex

Inspections are carried out to check compliance with licensing conditions and statutory provisions.

Smoking

The Health Act 2006 was introduced to protect employees and the public from harmful effects of second hand smoke. Managers of licensed premises have a legal responsibility to prevent smoking and to ensure that no smoking signs are displayed.

Review Procedure

The process set out in the 2003 Act for reviewing premises licences represents a key protector for the community where problems associated with crime and disorder, public safety, public nuisance and the protection of children from harm are occurring

Following the grant of a premises licence, a responsible authority such as the Police or the Fire Authority or an interested party, such as a resident living in the vicinity of the premises, may ask the Council to review the licence because of matters arising at the premises in connection with any of the four licensing objectives.

In every case, the representation must relate to particular premises for which a premises licence is in existence and must be relevant to the promotion of the licensing objectives.

The Council will endeavour to give licence holders early notification of their concerns about a problem identified at particular premises in partnership with other enforcement agencies. This does not affect the right of an interested party to call a review under provisions of the Act.

Live Music, Dancing and Theatre

The Council wishes to encourage and promote live music, dancing and theatre to the wider cultural benefit of its community. (Planning permission may be required).

Delegation of Functions

In the interests of speed, efficiency and cost-effectiveness decisions and functions of a purely administrative nature will be delegated as set out in table one.

Portman Group Code of Practice

The Council commends the use of the Portman Group’s Code of Practice on drinks promoted to attract children.

https://www.portmangroup.org.uk/codes-of-practice/

Temporary Event Notices (TENs)

Certain temporary events are not required to be licensed but can be notified to the Licensing Authority using the Temporary Event Notice procedure. Nevertheless, depending on the nature and location of such events, these can have serious crime and disorder and noise implications. Organisers of these events are encouraged to submit their notification as soon as reasonably practicable to enable the Police and the Council to work with them to identify and reduce the risk of crime and disorder and noise nuisance.

The Council recommends that at least 28 days notice be given to hold such events, to allow it to help organisers to plan their events safely. Any longer period than this may mean that organisers do not have all the details available at the time of submitting the notice, and any lesser time means that planning may be rushed and haphazard.

There are two types of TEN; a standard TEN and a late TEN. These are subject to different processes: a standard notice is given no later than 10 working days before the event to which it relates; and a late notice is given not before nine and not later than 5 working days before the event.

In the event of a relevant representation from the Police and/or Environmental Health to a standard TEN the Council will hold a hearing not less than 24 hours before the event is due to take place. There is no right of hearing if an objection is lodged against a late TEN.

A Temporary Event Notice does note override planning restrictions or the need for planning permission.

The Director of Public Health advises that alcohol provision at temporary events can present specific risks, including high levels of consumption over short periods. Premises users who give TENs should consider alcohol management and harm reduction measures within their event management plans.

Outdoor Events

Outdoor events may range from relatively small local events, like fairs, which may last for 4 or 5 days, to major pop festivals lasting one or more days. Despite the temporary duration of such events, they can attract large numbers of people. The risks to public safety and to crime and disorder as well as public nuisance may be considerable. An event likely to attract more than 499 people will require an application for a premises licence

It is recommended that the applicant make an initial approach to the local authority at least 6–9 months prior to the proposed event. This will allow the Council and the Emergency Services sufficient time to assess and comment on how organisers are planning to manage their event. Many events will give rise to special considerations in respect of public safety and public nuisance. Operating schedules should therefore reflect an awareness of these matters. It is recommended that an application be made at least 3 months prior to the event.

The Council may convene a Safety Advisory Group (SAG). A SAG is a meeting held with the event organiser and emergency services. The purpose of the meeting is to allow the emergency services and local authorities to advise the event organiser about the adequacy their event management plan (EMP). If such a meeting is held it is expected that the event organiser will attend and provide their EMP to other members well before the meeting. Appendix 2 provides further information.

It is the responsibility of the organisers/promoters to satisfy the Council that they have met the standards outlined in the following relevant documents:

https://www.thepurpleguide.co.uk/

The Authority is aware of its responsibilities to be active and co-operate with
the police and other statutory authorities to combat and deter child sexual exploitation, illegal immigration and modern day slavery.

Contact Details / Advice and Guidance

Further details about Rother District Councils licensing and application process, including application forms can be obtained from:-

Website: https://www.rother.gov.uk/licences-and-permits/licensing-act-2003/
Email : licensing@rother.gov.uk

Matter to be dealt with	Licensing Panel	Head of Service
Application for personal licence		All cases
Application for personal licence with relevant convictions	If a Police objection	If no objection made
Application for premises licence/club premises certificate including minor variations	If a relevant representation made	If no relevant representation made
Application for provisional statement	If a relevant representation made	If no relevant representation made
Application to vary premises licence/club premises certificate	If a relevant representation made	If no relevant representation made
Application to vary designated premises supervisor	If a Police objection	All other cases
Request to be removed as designated premises supervisor	All cases	All cases
Application for transfer of premises licence	If a Police objection	All other cases
Applications for interim authorities	If a Police objection	All other cases
Application to review premises licence/club premises certificate	All cases
Decision on whether a complaint is irrelevant frivolous vexatious etc		All cases
Decision to object when local authority is a consultee and not the relevant authority considering the application		All cases
Determination of an objection to a standard temporary event notice	All cases
If determined by a Court		All cases

Part C

Licensing Regulations and Matters for Consideration by Applicants

Section A : Prevention of Crime and Disorder
Matters to be considered by the applicants

Applicants should have regard to the following matters when writing their operating schedules and are advised to consult Sussex Police before submitting their application. If the Council receive a representation, additional conditions may be imposed at the Hearing that determines the application.
It should be noted in particular that it is unlawful under the 2003 Act:

To sell or supply alcohol to a person who is drunk.
To knowingly allow disorderly conduct on licensed premises.
For the holder of a premises licence or a designated premises supervisor to knowingly keep or to allow to be kept on licensed premises any goods that have been imported without payment of duty or which have otherwise been unlawfully imported.
To allow the presence of children under 16 who are not accompanied by an adult between midnight and 05:00 hrs at any premises licensed for the sale of alcohol for consumption on the premises and at any time in premises used exclusively or primarily for the sale and consumption of alcohol.

Conditions enforcing these arrangements are therefore unnecessary but could include proactive measures to prevent alcohol related harms are supported including but not limited to “Ask for Angela”, “Challenge 25”, “Stamp out Spiking” and “Safe Spaces”.

When applicants for premises licences or club premises certificates are preparing their operating schedules or club operating schedules, when responsible authorities are considering such applications and when licensing authorities are considering applications following the receipt of any relevant representations from a responsible authority or interested party, the following options should be considered as measures which, if necessary, would promote the prevention of crime and disorder. The options below are not a complete list of actions that can be taken and new control measures will arise from new technology.

Whether or not any risk assessment shows them to be necessary in the individual circumstances of any premises will depend on a range of factors including the nature and style of the venue, the activities being conducted there, the location of the premises and the anticipated clientele of the business involved. It should also be borne in mind that club premises operate under codes of discipline to ensure the good order and behaviour of members.

Necessary conditions for the licence or certificate will also depend on local knowledge of the premises.

Under no circumstances should the following measures be regarded as standard conditions to be automatically imposed in all cases. They are designed to provide a range of conditions drawn from experience relating to differing situations and to offer guidance.

Any individual preparing an operating schedule is at liberty to volunteer any measure, such as those described below, as a step he or she intends to take to promote the licensing objections. When incorporated into the licence or certificate as a condition, they become enforceable under the law and a breach of such a condition could give rise to prosecution.

Door Supervisors

Conditions relating to the provision of door supervisors and security teams may be valuable in:

Preventing the admission and ensuring the departure from the premises of the drunk and disorderly, without causing further disorder.
Keeping out excluded individuals (subject to court bans or imposed by the licence holder).
Searching and excluding those suspected of carrying illegal drugs, or carrying offensive weapons.
Maintaining orderly queuing outside of venues prone to such queuing.

Where door supervisors are to be a condition of a licence, conditions may also be imposed such as, the displaying of name badges, the carrying of proof of registration, where and at what times they should be stationed on the premises, and whether at least one female should be available (for example, if female customers are to be the subject of body searches). Door supervisors also have a role to play in ensuring public safety.

Bottle Bans

Bottles may be used as weapons inflicting more serious harm during incidents of disorder. A condition can prevent sales of drinks in their bottles for consumption on the premises. However, many women consider that drinking from bottles to be safer as it is easier for them to prevent the spiking of drinks with drugs in bottles the openings of which may be readily covered. These issues, therefore, need to be carefully balanced.

Plastic Containers and Toughened Glass

Glasses containing drinks may be used as weapons during incidents of disorder and can cause very serious injuries. Consideration should therefore be given to conditions requiring either the use of plastic containers or toughened glass which inflicts less severe injuries. Location and style of the venue and the activities carried on there would be particularly important in assessing whether a condition is necessary. For example, the use of glass containers on the terraces of outdoor sports grounds may obviously be of concern, but similar concerns may also apply to indoor sports events such as boxing matches. Similarly, the use of such plastic containers or toughened glass during the televising of live sporting events, such as international football matches, when high states of excitement and emotion fuelled by alcohol might arise, may be a necessary condition.

It should also be noted that the use of plastic or paper drinks containers and toughened glass may also be relevant as measures to promote public safety.

CCTV

Subject to GDPR the presence of CCTV cameras can be an important means of deterring and detecting crime at and immediately outside licensed premises. Operating schedules should state the precise siting of each camera, the requirement to maintain cameras in working order, and to retain recordings for an appropriate period of time.

For individuals conducting risk assessments when preparing their operating schedules the police may be able to advise on the use of CCTV to prevent crime.

Open Containers not to be taken from the Premises

Drinks purchased in licensed premises or clubs may be taken from those premises for consumption elsewhere. Where premises are licensed for the sale of alcohol for consumption off the premises that would be entirely lawful. However, consideration should be given to preventing the taking of alcoholic and other drinks from the premises in open containers (e.g. glasses and opened bottles). This may again be necessary to prevent the use of these containers as offensive weapons in surrounding streets after individuals have left the premises.

Restrictions of Drinking Areas

It may be necessary to restrict the areas where alcoholic drinks may be consumed in premises after they have been purchased from the bar. An example would be at a sports ground where the police consider it necessary to prevent the consumption of alcohol on the terracing of sports grounds during particular sports events. Operating Schedules should not only specify these areas, but indicate the circumstances in which the ban would apply and times at which it should be enforced.

Capacity Limits

Operating Schedules may need to set capacity limits for licensed premises or clubs where it may be necessary to prevent overcrowding which can lead to disorder or violence and hence prejudice public safety. Where such a condition is considered necessary, consideration should also be given to whether door supervisors would be needed to ensure that the numbers are appropriately controlled.

Proof of Age Cards

It is unlawful for children under 18 to attempt to buy alcohol just as it is unlawful to sell or supply alcohol to them. To prevent such crimes, it may be necessary to require a policy to be applied at certain licensed premises requiring the production of “proof of age” before such sales are made to anyone who appears to be 21 years old or younger. This should not be limited to recognised “proof of age” cards, but allow for the production of other proof, such as photo-driving licences, and passports. The policy supports the PASS (Proof of Age Standards Scheme), which encourages a PASS hologram logo on proof of age card schemes.

Crime Prevention Notices

It may be necessary at some premises for notices to be displayed which warn customers of the prevalence of crime which may target them. For example, in certain areas, a condition attached to a premises licence or club premises certificate might require the displaying of notices at the premises which advise customers about the need to be vigilant of unattended bags because of concerns about terrorism.

Signage

It may be necessary for the normal hours under the terms of the premises licence or club premises certificate at which licensable activities are permitted to take place to be displayed on or immediately outside the premises so that it is clear if breaches of the terms of the licence or certificate are taking place.

Similarly, it may be necessary for any restrictions on the admission of children to be displayed on or immediately outside the premises so that the consequences of breaches of these conditions would also be clear and to deter those who might seek admission in breach of those conditions.

Pub and Bar Watch Schemes

The DPS is expected to regularly attend any local pub or bar watch schemes and abide by the decisions of the group, provided the decision to bar any person from licensed premises is taken in accordance with national guidelines and equality legislation.

All decisions taken must be based on sound evidence and reasons should be given. All actions must satisfy the necessary and proportionate test and be regularly reviewed.

Rother D.C. Policy A1 (Prevention of Crime & Disorder)

Where an applicant identifies an issue with regard to the prevention of crime & disorder, which is not covered by existing legislation, the applicant should identify in their operating schedule the steps which will be taken to ensure the prevention of crime & disorder.
In appropriate circumstances and normally for premises where licensable activities occur, after 2300 the Council expect operating schedules to include the following as to the specific premises and business carried out:-

Use of CCTV both within and outside the premises in accordance with the code of practice issued by the Information Commissioner.
Metal detection and search facilities.
Procedures for risk assessing promotions and events such as “happy hours” including the potential to cause crime and disorder, and plans for minimising such risks.
Measures to prevent the use or supply of illegal drugs.
Employment of door supervisors licensed by the Security Industry Authority and other appropriately trained staff.
Participation in an appropriate Watch Scheme or other body designed to ensure effective liaison with other licensed premises.
Proof of Age schemes e.g. Challenge 21.
Controls on bottles, glasses and containers.
Capacity limits.
Notices and signage, including a prominent sign giving the name of the personal licence holder in charge of the premises. Similarly a prominent sign stating its permitted licensing hours and any restrictions on the admission of children.
No admissions after a specified time.
A personal licence holder to be on duty at the premises.

Reason

Prevention of crime is both an objective of the Licensing Act 2003 and an important responsibility of the Council under the Crime & Disorder Act 1998. It is important, therefore, that the applicant be able to demonstrate to the Council the practical steps that will be taken to further this objective.

Rother D.C. Policy A2 (Prevention of Crime & Disorder)

The Council will expect licensees of venues to take all reasonable steps to prevent the entry of drugs into licensed premises, to take appropriate steps to prevent drugs changing hands within the premises and to take practical measures to prevent tragedies as a result of drug misuse.

In particular the Council will expect licensees of such venues to be familiar with the contents of Chapter 4 (drug awareness) of the BIIAB Level 2 National Certificate for Entertainment Licensees and to be following the recommendations of that handbook. The Council will also expect licensees to be following the recommendations of the book “Safer Clubbing” issued by the Home Office (ISBN 1840827807).

Reason

The purpose of this policy is to further the crime prevention objective and to ensure public safety by preventing tragic loss of life caused by drug abuse, including overheating and other factors.

Public health advise that this policy should recognise the interaction between alcohol and other substances, which can increase the risk of harm, particularly within the night-time economy.

Rother D.C. Policy A3 (Prevention of Crime & Disorder)

Shops, Stores and Supermarkets

The Council will generally consider licensing shops, stores and supermarkets to sell alcohol for consumption off the premises at any times they are open for shopping. But shops must have adequate management practices to ensure that sales are not made to under 18 year olds and persons where there are grounds to believe that the sale will results in crime and disorder. The adoption of a policy to challenge any person attempting to purchase alcohol who appears to be 21 or 25 years old or younger.

Ensure only over 18 year olds sell alcohol or under 18 year olds are closely supervised doing so. Under 18 year olds should not sell alcohol if an over 18 year old is not present.

If the police make representations that a shop has been the focus of crime, disorder or underage sales then the sale of alcohol may be restricted to certain times only.

Reason

To prevent poorly managed shops from selling alcohol to children and alcoholics.

Public health advise that ‘off sales’ of alcohol can be associated with different patterns of harm, including unsupervised home drinking. Applicants/licence holders must proactively implement robust measures to prevent sales to intoxicated individuals and proxy purchasing, particularly at isolated or higher-risk premises.

Rother D.C. Policy A4 (Prevention of Crime & Disorder)

Co-operation with Police, Local Authority Officers etc

The Premises Licence holder, Designated Premises Supervisors and staff employed on licensed premises must co-operate and actively assist Police Officers, Local Authority Officers and other enforcement agencies in carrying out their duties.

Reason

To ensure that crime is prevented and detected and offenders are prosecuted.

Section B : Public Safety

Matters to be Considered by Applicants

Applicants should have regard to the following matters when writing their operating schedules and are advised to consult the Environmental Health Service (Health and Safety) at Rother District Council and Fire Prevention Officer at ESFRS before submitting their application. If the Council receives a representation, then at the Hearing that determines the application, additional conditions may be imposed.

It should be noted that conditions relating to public safety should be those, which are necessary, in the particular circumstances of any individual premises or club premises and should not duplicate other requirements of the law. Equally, the attachment of conditions to a premises licence or club premises certificate will not in any way relieve employers of the statutory duty to comply with the requirements of other legislation including the Health and Safety at Work etc Act 1974, associated regulations and especially the requirements under the Management of Health and Safety at Work Regulations 1999 and the Regulatory Reform (Fire Safety) Order 2005 to undertake risk assessments. Employers should assess the risks, including risks from fire, and take measures necessary to avoid and control these risks. Conditions enforcing those requirements would therefore be unnecessary.

The Director of Public Health advises that there is evidence which indicates that alcohol-related intoxication increases the risk of injury and medical emergencies. Alcohol intoxication is a public safety consideration, particularly for late-night premises.

Fire Safety arrangements must be in place prior to the opening of a licensed premises, and at all times once in operation. The operating schedule in a premises licence application should satisfactorily address all fire safety management matters Upon request, the licensing authority expects applicants to provide the legally required Fire Risk Assessment to East Sussex Fire & Rescue Service without delay. A Fire Risk Assessment should be completed and updated prior to a premises licence application or variation.

General

When applicants for premises licences or club premises certificates are preparing their operating schedules or club operating schedules, responsible authorities are considering such applications and licensing authorities are considering applications following the receipt of relevant representations from a responsible authority or interested party, the following options should be considered as measures that, if necessary, would promote public safety. It should also be recognised that special issues may arise in connection with outdoor and large scale events.

Whether or not any risk assessment shows any of the measures to be necessary in the individual circumstance of any premises will depend on a range of factors including the nature and style of the venue, the activities being conducted there, the location of the premises and the anticipated clientele of the business involved.

In addition, to considering the points made in this Part, those preparing premises operating schedules or club operating schedules, should consider, published relevant guidance and the latest version of the following guidance:

Model National and Standard Conditions for Places of Public Entertainment and Associated Guidance ISBN 1 904031 11 0 (Entertainment Technology Press – ABTT Publications).
Managing Crowds Safely (HSE 2000) ISBN 0 7176 1834 X.
5 Steps to Risk Assessment: Case Studies (HSE 1998) ISBN 07176 15804.
The Guide to Safety at Sports Grounds (The Stationery Office, 1997) (“The Green Guide”) ISBN 0 11 300095 2.
Safety Guidance for Street Arts, Carnival, Processions and Large Scale Performances published by the Independent Street Arts Network, copies of which may be obtained through www.streetartsnetwork.org/pages/publications.

However, in consulting these texts, which were prepared prior to the coming into force of the Licensing Act 2003, those creating operating schedules or club operating schedules, licensing authorities and responsible authorities should again note that under no circumstances should any conditions be regarded as standard for all premises.

Disabled People

In certain premises where existing legislation does not provide adequately for the safety of the public, consideration might also be given to conditions that ensure that:

When disabled people are present, adequate arrangements exist to enable their safe evacuation in the event of an emergency; and
Disabled people on the premises are made aware of those arrangements.

Escape routes

It may be necessary to include conditions relating to the maintenance of all escape routes and exits including external exits. These might be expressed in terms of the need to ensure that such exits are kept unobstructed, in good order with non-slippery and even surfaces, free of trip hazards and clearly identified. In restaurants and other premises where chairs and tables are provided this might also include ensuring that internal gangways are kept unobstructed.

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given in the Operating Schedule to ensure that:

• All exits doors are easily open able without the use of a key, card, code or similar means.

Doors at such exits are regularly checked to ensure that they function satisfactorily and a record of the check kept.
Any security fastenings are removed prior to the premises being open to the public.
All fire doors are maintained effectively self-closing and shall not be held open.
Fire resisting doors to ducts, service shafts, and cupboards shall be kept locked shut.
The edges of the treads of steps and stairways are maintained so as to be conspicuous.
Adequate handrails to staircases and changes of floor level.

Safety checks

Safety checks are carried out before the admission of the public.
Details of such checks are kept in a log-book.