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For assistance in understanding or reading this
document
or specific information about this Agenda
call Democratic Services on 01629 761133 or
e-mail committee@derbyshiredales.gov.uk
7 July 2015
To: All Councillors
As a Member of the Licensing & Appeals Committee, please treat this as your summons
to attend the meeting on Wednesday 15 July 2015 at 6.00 pm in the Council Chamber,
Town Hall, Matlock.
Yours sincerely
Sandra Lamb
Head of Corporate Services
AGENDA
1. APOLOGIES
Please advise Democratic Services on 01629 761133 or e-mail
committee@derbyshiredales.gov.uk of any apologies for absence.
2. PUBLIC PARTICIPATION
To enable members of the public to ask questions, express views or present
petitions, IF NOTICE HAS BEEN GIVEN, (by telephone, in writing or by electronic
mail) BY NO LATER THAN 12 NOON OF THE DAY PRECEDING THE MEETING.
3. MINUTES OF LAST MEETING
25 March 2015
4. INTERESTS
Members are required to declare the existence and nature of any interests they
may have in subsequent agenda items in accordance with the District Council’s
Code of Conduct. Those interests are matters that relate to money or that which
can be valued in money, affecting the Member her/his partner, extended family and
close friends.
Interests that become apparent at a later stage in the proceedings may be declared
at that time.
Issued on 8 July 2015
Page Nos
5. LICENSING SERVICE PLANNING AND PERFORMANCE
MANAGEMENT
To consider the Licensing Service Plan and the measures in place to
ensure that the Licensing Service operates both efficiently and
effectively, and to seek the opinion of the Committee on long-term
service objectives.
A short power-point presentation will accompany this report
1 - 4
6. LICENSING ACT 2003 AND GAMBLING ACT 2005 ANNUAL
PROGRESS REPORT
To consider a summary of work relating specifically to the Licensing
Act 2003 and the Gambling Act 2005, undertaken by the Licensing
Team during the last financial year, and the previous two financial-
year periods, to allow comparisons to be made.
5 - 8
7. INSTITUTE OF LICENSING (IoL) CONSULTATION ON DRAFT
GUIDANCE ON PREMISES LICENCE CONDITIONS FOR THE
LICENSING ACT 2003
To consider an outline of how The Institute of Licensing (IoL) is
consulting its members and stakeholders about its draft Guidance on
Premises Licence Conditions for the Licensing Act 2003.
9 - 30
8. DEREGULATION ACT 2015 – CHANGES TO TAXI LICENSING
PROCEDURES - SUMMARY
To consider legislative changes that will come into effect in October
2015, and that will alter the minimum period allowed for renewal of a
Taxi/Private Hire Vehicle Driver’s Licence (badge) to 3 years and a
Private Hire Operator’s Licence to 5 years. The Licensing Authority
needs to amend its administrative procedures and revise its fees to
ensure it is operating in accordance with the provisions of the
Deregulation Act 2015 which has introduced these changes.
31 - 35
Members of the Committee: Councillors Jennifer Bower (Vice Chair), Tom Donnelly, Graham
Elliott, Richard FitzHerbert, Steve Flitter, Helen Froggatt, Alyson Hill, Angus Jenkins, Tony
Millward BEM, Jean Monks (Chairman), Joyce Pawley, John Tibenham,
Issued on 8 July 2015
NOT CONFIDENTIAL – For Public Release
LICENSING AND APPEALS COMMITTEE
15 JULY 2015
Report of the Head of Regulatory Services
LICENSING SERVICE PLANNING AND PERFORMANCE MANAGEMENT
SUMMARY
To bring Members’ attention to the Licensing Service Plan; informing Members of the
measures in place to ensure that the Licensing Service operates both efficiently and
effectively, and seeking Members’ opinion on long-term service objectives.
This report will be delivered around a short power-point presentation to complement the
licensing training sessions being delivered by Legal and Licensing Officers to Members in
July and September, which are focusing mainly on flame-proof decision-making.
RECOMMENDATION
That the Licensing Service Plan for 2016-17 be brought to the November meeting of the
Licensing and Appeals Committee for comment.
WARDS AFFECTED
All
STRATEGIC LINK
An effective licensing regime supports the core values and key aims set out in the Council’s
Corporate Plan, in particular, the vision of a safe Peak District.
____________________________________________________________________
1 BACKGROUND
1.1 The Licensing Service Plan for 2015-2016 sets out how Licensing services will
contribute towards meeting the Corporate Priorities for 2015/16.
1.2 The objectives of Licensing are:
1. Work with partners agencies to contribute towards a reduction in crime,
disorder and public nuisance;
2. Provide a high quality licensing service to licence holders and new applicants.
1.3 Key activities in Licensing include:
• Issue licences for alcohol sales, entertainment, gambling, taxis, animal welfare
and cosmetic piercing;
• Issue consents for street trading;
• Process applications for licences and consents whilst balancing the needs of the
applicants with those of the community;
• Liaise with the police and other partners to ensure that the community remains
safe;
Agenda Item 5
1
• Provide a comprehensive advice service on all licensing matters for applicants and
members of the public.
1.4 The Licensing Service Action Plan for 2015-2016 is included at Appendix 1, for
Members’ information and consideration.
1.5 This presentation will also focus on some detailed background about the different
types of licences, and the circumstances when Members may be involved in
determining applications. Recent changes to some pieces of legislation; in particular
relating to the Licensing Act 2003 (alcohol, entertainment and late night refreshment
licensing); and taxi licensing will also be explained in more detail.
1.6 The process for deciding next year’s priorities for the service will begin in October and
it is suggested that a report outlining the Service Plan for 2016-2017 be submitted to
the November meeting of the Committee for discussion and comment.
2 RISK ASSESSMENT
2.1 Legal
There are no legal risks directly arising from this report.
2.2 Financial
There are no financial risks directly arising from this report, other than officer time. The
risk therefore is low.
3 OTHER CONSIDERATIONS
In preparing this report, the relevance of the following factors has also been considered:
prevention of crime and disorder, equalities, environmental, climate change, health, human
rights, personnel and property.
4 CONTACT INFORMATION
Eileen Tierney, Licensing Manager
Tel: 01629 761374
email: eileen.tierney@derbyshiredales.gov.uk
5 BACKGROUND PAPERS
Description
Date
File
None.
June 2015
RS/ET
6 ATTACHMENT
Licensing Service Plan 2015-2016
2
APPENDIX 1
Service Action Plan 2015/16
Service
Action
No.
Action
Link to
Corporate
Plan
Service
Performance
Indicator
Timescale
Strategic
Risk
LIC 2
Undertake licensing awareness visits to premises
licensed for alcohol sales, gambling or scrap metal
CP3
Maintain
street
cleaning,
waste
collection,
safe and
healthy
communities
>20
March 2016
LIC 3
Undertake taxi enforcement operations with
partners
CP3
Maintain
street
cleaning,
waste
collection,
safe and
healthy
communities
>2
March 2016
LIC 4
Completed progress towards paperless licensing
systems
CP4
Make
savings to
achieve a
sustainable
budget
100%
March 2016
3
Other Workstreams
Service
Service
Action No.
Action
Link to
Corporate
Plan
Timescale
Strategic
Risk
Licensing
LIC 1
Undertake full licensing service review
CP4
Make savings
to achieve a
sustainable
budget
March 2016
Licensing
LIC 5
Review, revise and implement Licensing Act
2003 policy
CP3
Maintain street
cleaning,
waste
collection, safe
and healthy
communities
March 2016
Licensing
LIC 6
Review, revise and implement taxi licensing
policy
CP3
Maintain street
cleaning,
waste
collection, safe
and healthy
communities
March 2016
4
NOT CONFIDENTIAL – For Public Release
LICENSING AND APPEALS COMMITTEE
15 JULY 2015
Report of the Head of Regulatory Services
LICENSING ACT 2003 AND GAMBLING ACT 2005
ANNUAL PROGRESS REPORT
SUMMARY
This report provides a summary of the work relating specifically to the Licensing Act 2003
and the Gambling Act 2005, undertaken by the Licensing Team during the last financial year,
and the previous two financial-year periods, to allow comparisons to be made.
RECOMMENDATION(S)
1) That the report be noted.
2) That the Licensing Team continues to contribute to the work of the Community Safety
Partnership’s VAL (Violence Alcohol and Licensing) Group, in particular the on-going
partnership working with the Police to maintain an active PubWatch Scheme across
the Derbyshire Dales.
3) That the Licensing Team continues to work with other Responsible Authorities, where
possible, when carrying out the following number of planned compliance/enforcement
visits in the District by 31 March 2016:
a) 20 licensing awareness visits to premises licensed for alcohol sales, gambling or
scrap metal; and
b) 2 taxi enforcement operations.
WARDS AFFECTED
All
STRATEGIC LINK
An effective licensing regime supports the core values and key aims set out in the Council’s
Corporate Plan, in particular, the vision of a safe Peak District.
__________________________________________________________________________
1 BACKGROUND
1.1 The Licensing Act 2003
Members will be aware that the Licensing Act 2003 established a single integrated
scheme for licensing premises which are used for the sale or supply of alcohol, and/or
to provide regulated entertainment and/or to provide late night refreshment.
1.2 The types of premises in Derbyshire Dales that currently have a licence or other type of
authorisation include pubs, clubs, micro-breweries, village/community halls and
schools, supermarkets and off-licences, private residences, outdoor/festival sites and
marquees/barns etc.
Agenda Item 6
5
1.3 Since 7th February 2005, under the provisions of the Licensing Act 2003, the District
Council, (in its role as the Licensing Authority), has processed and granted in the
region of 500 premises licences and club premises certificates; over 1,000 personal
licences; and on average (each calendar year) some 500 temporary event notices
(TENs).
1.4 All of these authorisations have permitted one of more of the licensable activities
specified in paragraph 1.1 of this report.
1.5 Each year a small number of Premises Licences and Club Premises Certificates are
surrendered; this can be when the owner sells the premises and it is no longer being
used for licensable activities; or when a business closes down for a variety of reasons.
1.6 However, each year a small number of new premises licences are also granted. These
can be for existing licensed premises that have let the licence lapse inadvertently
(eg. where the licence holder passes away or goes bankrupt and an application is not
made within the legal timescale to transfer the licence to someone else so that the
business can continue to operate as before. New licences are granted and existing
licences varied for a variety of reasons including new businesses or one-off events in
the District. eg: small music festivals, micro-breweries, themed/luxury bed and
breakfast establishments, community shops in separate areas of existing licensed
premises etc.
1.7 Licensing Act 2003 - Applications
1.8 In July 2007, the first progress report was presented to this Committee providing
information about the numbers of licence applications determined with effect from
24
th
November 2005, when the Licensing Authority became solely responsible for
regulating those activities specified in paragraph 1.1 above, and other activities which
are no longer licensable such as providing facilities for music, dancing, entertainment
or similar.
1.9 During the last 9 years a progress report has been submitted annually for the
Committee’s information and consideration – usually in July.
1.10 The following table details the number of applications made under the Licensing Act
2003, during 2014-2015, offering a comparison to figures for the 2 previous financial
years.
Type of Application
Number of Applications Processed
2012-2013
2013-2014
2014-2015
New Premises Licences/Club
Premises Certificates (CPCs)
10
14
15
Transfers
33
n/k
22
Variations (full)
15
5
2
Minor Variations
24
7
12
Variation of Designated Premises
Supervisor (DPS)
87
n/k
61
Removal of DPS Mandatory
Condition for Community Premises
0
0
0
New Personal Licences
48
n/k
70
Temporary Event Notices (TENs)
429
461
513
**n/k owing to software difficulties this data was not available
6
1.11 During the last year only 1 application for a premises licences attracted representations
(objections), which required the matter to be referred to a meeting of the Licensing and
Appeals Sub-Committee to be determined.
1.12 Applications for Minor Variations
In October 2009, the Minor Variations application process was introduced. This
allowed proprietors/operators to make small changes to their premises licences, as
long as the proposed changes would not undermine the licensing objectives. Examples
of permitted changes include:
Minor changes to the structure or layout or premises;
• Small adjustments to licensing hours;
• Conditions: removal of out of date irrelevant or unenforceable conditions or
volunteering of conditions;
• Licensable activities: adding certain licensable activities.
1.13 There is no provision for hearings to be held to determine these applications. If
objections are received the applications are refused, and a full variation application can
be made, which would be subject to a hearing if any objections were received. The
Licensing Manager and the Head of Regulatory Services are delegated to determine
minor variation applications. During 2014/2015 12 minor variation applications were
approved for the following premises:
The Forester Inn, Darwin Forest Country Park, Sydnope Hill, Darley Moor, Matlock,
Derbyshire, DE4 5LN.
Princess Victoria Public House, 174-176 South Parade, Matlock Bath, Derbyshire,
DE4 3NR.
Waitrose, 11 Shawcroft Centre, Dig Street, Ashbourne, Derbyshire, DE6 1GD.
Tavern At Tansley, Nottingham Road, Tansley, Derbyshire, DE4 5FR.
The Co-operative Group Ltd, 3 Firs Parade, Matlock, Derbyshire, DE4 3AS.
Grouse And Claret, Bakewell Road, Rowsley, Derbyshire, DE4 2EB.
Spar Shop, Whites Of Calver, Kingsgate, Calver, Derbyshire, S32 3XH.
Duke Of York Filling Station, Mayfield Road, Mayfield, Ashbourne, Derbyshire, DE6
2BN.
The Coach House, Sandybrook Country Park, Buxton Road, Sandybrook,
Ashbourne, Derbyshire, DE6 2AQ.
The Old Dog, Spend Lane, Thorpe, Derbyshire, DE6 2AT.
Whites, 6 Buxton Road, Ashbourne, Derbyshire, DE6 1EX.
Co-Operative, Commercial Road, Tideswell, Derbyshire, SK17 8NU.
1.14 Summary of Changes to Alcohol and Entertainment Licensing since July 2014.
• Personal Licence Renewals abolished;
• Some Regulated Entertainment de-regulated;
• Licensing Authorities not going to be setting own licensing fees;
• Alcohol, Entertainment and Late Night Refreshment Licensing Policy revised.
All of the above changes have been reported in detail to the meetings of this
Committee during 2014/15.
7
1.15 The Gambling Act 2005
The following numbers of premises are currently licensed under the 2005 Act:
• 1 Adult Gaming Centre (Matlock Bath)
• 4 Bookmakers (Betting Shops)
• 5 Family Entertainment Centres (Matlock Bath)
• 3 Occasional Use Notices (for Flagg Races and Pikehall Harness Racing)
• 8 Club Machine Permits (registered clubs)
• 170 (circa) Small Society Lotteries.
2 RISK ASSESSMENT
2.1 Legal
The report provides the Committee with information on how the Council is continuing
to implement the Licensing Act 2003 and the Gambling Act 2005 in practical terms.
The record demonstrates that the laws are being effectively implemented, with the risk
being correspondingly low.
2.2 Financial
The budget position for administering the Licensing Act 2003 and the Gambling Act
2005 is shown in the table below.
2012/13
Actual
2013/14
Actual
2014/15
Actual
2015/16
Budget
Total Expenditure
100,807
112,963
102,693
111,796
Total Income
114,274
106,878
111,305
105,647
Net Cost
-13,467
(surplus)
6,085
(overspend)
- 8,613
(surplus)
6,149
(estimate)
**Note: surplus in 2014/2015 due to long-term sickness absence and vacant post.
Income currently being used to fund licensing apprenticeship during 2015/16.
It is considered that this budget is adequate for the provision of the service at the
moment, and therefore the financial risk is low.
3 OTHER CONSIDERATIONS
In preparing this report, the relevance of the following factors has also been considered:
prevention of crime and disorder, environmental, climate change, health, human rights,
personnel and property.
4 CONTACT INFORMATION
Eileen Tierney, Licensing Manager
Tel: 01629 761374;
email: eileen.tierney@derbyshiredales.gov.uk
5 BACKGROUND PAPERS
None
6 ATTACHMENTS
None.
8
NOT CONFIDENTIAL – For Public Release
LICENSING AND APPEALS COMMITTEE
15 JULY 2015
Report of the Head of Regulatory Services
INSTITUTE OF LICENSING (IoL) CONSULTATION ON DRAFT GUIDANCE
ON PREMISES LICENCE CONDITIONS FOR THE LICENSING ACT 2003
SUMMARY
This report provides an outline of how The Institute of Licensing (IoL) is consulting its
members and stakeholders about its draft Guidance on Premises Licence Conditions for the
Licensing Act 2003.
In July 2012, the IoL announced its intention to develop good practice guidance in relation to
licence conditions for premises licences under the Licensing Act 2003.
The project was a response to the legacy left by the Licensing Act transition period in 2005.
This was the period when Licensing Authorities took over the responsibility for alcohol
licensing from the Magistrates’ Courts and had to deal with large numbers of licence
conversion and variation applications within a short timescale of 6 months.
RECOMMENDATION:
That the Licensing Manager co-ordinates a response to the IoL Survey on Guidance on
Premises Licence Conditions, taking into account the views of Members, Responsible
Authorities and the District Council’s Legal Team.
WARDS AFFECTED
All
STRATEGIC LINK
An effective licensing regime supports the core values and key aims set out in the Council’s
Corporate Plan, in particular, the vision of a safe Peak District.
_____________________________________________________________________
1 BACKGROUND
1.1 The Licensing Act 2003 (the 2003 Act) regulates the sale of alcohol, the provision of
late night refreshment and regulated entertainment in England and Wales, and is
primarily administered by local authorities, acting in their capacity as licensing
authorities.
1.2 In February 2005, when the Act took effect, the responsibility for determining licence
applications for these activities transferred from the Licensing Justices at the
Magistrates’ Courts to local authorities acting in the capacity of the Licensing
Authority.
1.3 Between February and August 2005 all existing holders of alcohol, entertainment and
late night refreshment licences were required to make an application to convert these
to a new premises licence (or club premises certificate for a registered club).
Agenda Item 7
9
1.4 As part of the application process the applicant was required to carry out a risk
assessment and volunteer measures that (s)he would take to promote the 4 licensing
objectives if a licence was granted. The Licensing Authority was required to translate
these volunteered measures into conditions consistent with the applicant’s intention
and attach them to the licence.
1.5 The licensing objectives are:
The prevention of Crime and Disorder
The prevention of public nuisance;
Public Safety; and
The Protection of Children from Harm.
1.6 Many licensees completed the applications without legal or independent advice and
understandably, many measures volunteered by applicants were ambiguous, open to
misinterpretation by licensing officers, and not necessarily enforceable. At the time,
Licensing Authorities were advised against over-zealous interpretation of the wording
of any measures proposed, to avoid legal challenge if any conditions attached to the
licence were considered to be too onerous to comply with or disproportionate for the
type of premises. This resulted in licensing authorities copying the measures proposed
verbatim and attaching them to licences.
1.7 The Statutory Guidance issued to Licensing Authorities by the Government under
section 182 of the Licensing Act 2003, which has been reviewed periodically advises
that there are three types of condition that may be attached to a premises licence or
club premises certificate: proposed, imposed and mandatory. In 2012, the revised
guidance strongly advised that it is not acceptable for licensing authorities to simply
replicate the wording from an applicant’s operating schedule, and that a condition
should be interpreted in accordance with the applicant’s intention.
1.8 The IoL Consultation
During the last 10 years, some Licensing Authorities have developed their own set of
Model/Standard Licence Conditions for premises licences and club premises
certificates, but many have not. In July 2012 the Institute of Licensing announced its
intention to develop good practice guidance for Licensing Authorities in relation to
licence conditions for premises licences. This Guidance is now available for
consultation.
1.9 The IoL aims to provide clear guidance to all parties on the proper and effective use of
licence conditions. It will do this with guiding principles and precedent conditions
designed to provide appropriate wording that can be individually considered for
inclusion on a premises licence where it is appropriate to do so. The IoL makes it
clear in the consultation that the conditions are standard in wording, and are not
intended as ‘blanket conditions’ to be attached to every licence granted irrespective of
how appropriate it is to do so.
1.10 The 36-page Consultation Document can be accessed via the IoL website link:
http://www.instituteoflicensing.org/Public/Consultations/IoL%20Conditions%20Project/IOL%20CO
NSULTATION%20-
%20%20GUIDANCE%20ON%20PREMISES%20LICENCE%20CONDITIONS%20%20-
%20CONSULTATION%20DRAFT%20%20%20(final%20170615).pdf
Paper copies will be available at the meeting and will be uploaded to the Members’
Portal .
10
1.11 To gather views effectively, the IoL has provided a consultation survey for responses.
The Survey will close on 30 September 2015, and the IoL will publish its response to
the consultation in due course.
1.12 A copy of the survey form is included at Appendix 1, for Members’ information,
consideration and comment.
1.13 It is recommended that a formal response is co-ordinated and submitted by the
Licensing Manager after consultation with Members, and Officers from all of the
Responsible Authorities and the District Council’s Legal Team.
2 RISK ASSESSMENT
2.1 Legal
The District Council has a statutory obligation to determine applications for premises
licences/club premises certificates. If any licence conditions are challenged,
successfully, this could result in the District Council’s reputation being harmed. The
adoption of standard conditions will reduce the risk, therefore the legal risk is low.
2.2 Financial
There are no financial risks or other resource implications directly arising from this
report, other than officer time. The risk therefore is low.
3 OTHER CONSIDERATIONS
In preparing this report, the relevance of the following factors has also been
considered: prevention of crime and disorder, equalities, environmental, climate
change, health, human rights, personnel and property.
4 CONTACT INFORMATION
Eileen Tierney, Licensing Manager
Tel: 01629 761374
email: eileen.tierney@derbyshiredales.gov.uk
5 BACKGROUND PAPERS
Description
Date
File
The Institute of Licensing’s Consultation:
Guidance on Premises Licence Conditions
June 2015
RS/ET
6 ATTACHMENT
Appendix 1
IoL Survey Response Form
11
Page 1
Institute of Licensing - Institute of Licensing - Institute of Licensing - Institute of Licensing -
InJuly2012,theInstituteofLicensing(IoL)announceditsintentiontodevelopgoodpracticeguidanceinrelationtolicenceconditionsfor
premiseslicencesundertheLicensingAct2003.
ThemovewasaresponsetothelegacyoftheLicensingActtransition,andthecontinuinginconsistencyintheapproachtolicenceconditions,
illustratedthroughlicencesoverloadedwithconditions,togetherwithunenforceableandinappropriateconditions.
Inundertakingtheproject,theIoLaimstoprovideclearguidancetoallpartiesontheproperandeffectiveuseofconditions,withguiding
principlesandapoolofconditionsdesignedtoprovideappropriatewordingofconditionsthatcanbeindividuallyconsideredforinclusionon
apremiseslicencewhereitisappropriatetodoso.
Inordertostarttheproject,weaskedforsampleconditionsandoperatingschedules,andwereceivedahugeamountofinformationasa
resultforwhichwearegrateful.
Wearenowinapositiontoseekviewsonthedraftguidancedocumentandtheconditionsprovidedwithinit.Itisimportanttoustogatheras
manyviewsaspossible,sopleasedotakethetimetogothroughthisconsultationsurveyandgiveusyourviews.
ThefulldraftguidanceisavailableviatheIoL'swebsite:
http://www.instituteoflicensing.org/content.aspx?page=GUIDANCE_ON_PREMISES_LICENCE_CONDITIONS
Theconsultationsurveywillcloseon30September2015.
Individualcontactdetailswillnotbepublished,althoughwemaypublishorganisationsinanacknowledgementlist.
Contact information
Type of organisation:
What is your job role?
Are you an IoL member?
Project Background
ABOUT YOU
Name:
Company:
Email Address:
Phone Number:
5
5
6
6
Localauthority
nmlkj
Policeauthority
nmlkj
Industryoperator
nmlkj
Legalpractice
nmlkj
Other(pleasespecify)
5
5
6
6
Yes
nmlkj
No
nmlkj
12
Page 2
Institute of Licensing - Institute of Licensing - Institute of Licensing - Institute of Licensing -
IoL region
Pleaseensurethatyoureadthefullconsultationdocumentwhichcontainsourguidingprinciplesalongsidetheconditionscontainedwithin
thissurvey.
Theconsultationdocumentcanbeaccessedvia:
http://www.instituteoflicensing.org/content.aspx?page=GUIDANCE_ON_PREMISES_LICENCE_CONDITIONS
Theguidingprinciplesaredesignedtobejustthat,aguide.Theyarenotintendedtobeastraightjacketortreatedasimmutable.Wewould
emphasisethateachandeverydecisiontoimposeaconditionmustbejustifiedbyreferencetotheparticularcircumstancesoftheindividual
case.Ifanymodelconditiondoesnotsuittheindividualcaseitmustbetailoredaccordingly.
Nevertheless,wesuggestthatthedecisiontoofferorimposeaconditionismorelikelytobejustifiediftheproposedconditioncomplieswith
thesevenprinciplessetoutbelow.
Conditionsimposedonalicenceshouldbe:
1) Appropriate,necessaryandproportionate;
2) Precise,clearandunambiguous;
3) Practical,realisticandenforceable;
4) Non
duplicativeofexistingstatutoryrequirementsoroffences;
5) Self
contained;
6) Modernandfitforpurpose;
And,finally:
7) Thefewerconditionsthebetter.
Weconsidereachoftheseguidingprinciplesinturnwithinthefullconsultationdocument.
Do you agree with guiding principles as set out within the consultation document?
The guiding principles
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StronglyDisagree
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Pleaseaddyourcommentsincludingyourreasonsifyoudonotagreeordon'tknow
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UNDERNOCIRCUMSTANCESHOULDANYLICENSINGAUTHORITYREGARDTHESECONDITIONSAS
STANDARDCONDITIONSTOBEAUTOMATICALLYIMPOSEDONLICENCES.
Thefollowingconditionshavebeenderivedfromvariousexisting
‘
pools
’
ofconditionsofferedbymanylicensingauthoritiesforconsideration.
Throughoutthedevelopmentofthisdocument,theprinciplesoutlinedabove,andtheneedforaconcisereferenceforconditionshasbeen
supportedandunderlinedbythevariousexamplesprovidedbothgoodandbad.Theaimofthispoolistoprovideastartingpointfor
licensingauthoritieswheretheneedforaconditionhasbeenidentified–thewordinghasbeenexaminedfromeveryangleandshould
provideatemplateforeachcondition,whichcanthenbetailoredtotheneedsofthespecificlicenceinquestion.
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
1. Nopersonundertheageof18shallbepermittedtoenterorremainonthepremiseswhenany
“
specifiedactivity
”
istakingplace.
• Specifiedactivitiesare:
•
‘
Anyliveperformance;or
• Anylivedisplayofnudity;
• Whichisofsuchanaturethat,ignoringfinancialgain,itmustreasonablybeassumedtobeprovidedsolelyorprincipallyforthepurposeof
sexuallystimulatinganymemberoftheaudience(whetherbyverbalorothermeans).
• Displayofnuditymeans
• Inthecaseofawomen,exposureofhernipples,pubicarea,genitalsoranus;and
• Inthecaseofaman,exposureofhispublicarea,genitalsoranus,
• NB–Theaudiencecanconsistofoneperson.
2. Nopersonundertheageof[insertage]yearsofageispermittedtoenterorremainonthelicensedpremiseswhenalcoholisbeingsoldor
supplied.
3. Nocustomershallbepermittedtoenterorre
enterthepremisesbetweenthehoursof[specify]saveforpersonswhohavetemporarilyleft
thepremises(e.g.tosmoke).
4. Between[specifiedtimes]nocustomershallbepermittedtoenterorleavethepremisesbymeansof[specifiedentrances].
5. Allpersonsenteringorre
enteringthepremisesshallbesearchedbyanSIAregistereddoorsupervisor[andallsearchesmustbemonitored
bythepremisesCCTVsystem].
6. Anyqueue[inadesignatedqueuingarea]toenterthepremisesshallbesupervisedatalltimesbydoorsupervisors.
7. Any[designated]queuingareashallbewithinsuitablebarriers.
8. Nomorethan(insertnumber)customersshallbepermittedonthepremisesatanyonetime.
DESIGNATEDSMOKINGAREAS
9. Customerspermittedtotemporarilyleaveandthenre
enterthepremisestosmokeshallberestrictedtoadesignatedsmokingareadefined
as[specifylocation/markonplan].Nomorethan[insertnumber]ofcustomersshallbepermittedtoremaininthedesignatedsmokingareaat
anyonetime.
The (DRAFT)
Conditions
The (DRAFT)
Conditions: Admission
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Please give us your views about the conditions listed above as example conditions
relating to admission.
Please give details if you think that other conditions should be included in the list
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
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The (DRAFT)
Conditions: Alcohol
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
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10. Customerswillnotbepermittedtoremovefromthepremisesanydrinkssuppliedbythepremises(alcoholicorotherwise)inopen
containers
11. Nobeer,lager,cider,aleorspiritmixerswithanalcoholbyvolumecontentabove[insertpercentage]willbesoldorofferedforsale.
12. Allsealedcontainersofalcoholicdrinksofferedforsaleforconsumptionoffthepremisesmustbeclearlylabelledormarkedwiththename
andpostcodeofthepremises.
13. Thepremiseslicenceholdermustsubmittotherelevantpoliceofficer[insertcontactdetails]acompletedriskassessmentformas
prescribedatleast14daysbeforeanyeventthatis:
• promoted/advertisedtothepublicatanytimebeforetheevent;and
• featuresDJ
’
s,MCs
orequivalentperformingtoarecordedbackingtrack;and
• runsanytimebetweenthehoursof[inserthours]
Alcohol(Restaurant)
14. Thepremisesmustonlyoperateasarestaurant(i)inwhichcustomersareseatedatatable,(ii)whichprovidefoodintheformof
substantialtablemealsthatarepreparedonthepremisesandareservedandconsumedatthetableusingnondisposablecrockery,(iii)which
donotprovideanytakeawayserviceoffoodordrinkforimmediateconsumption,and(iv)wherealcoholmustnotbesold,supplied,or
consumedonthepremisesotherwisethantopersonswhoaretakingsubstantialtablemealsandprovidedalwaysthattheconsumptionof
alcoholbysuchpersonsisancillarytotakingsuchmeals.
15. Thesupplyofalcoholtocustomersmustbebywaiterorwaitressserviceonly.
Please give us your views about the conditions listed above as example conditions
relating to alcohol.
Please give details if you think that other conditions should be included in the list
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Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
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Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
16. Atanywrestlingorotherentertainmentsofasimilarnature,membersofthepublicmustnotoccupyanyseatwithin[specifydistance]of
thering.
Please give us your views about the conditions listed above as example conditions
relating to Boxing or Wrestling or indoor sports
Please give details if you think that other conditions should be included in the list
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
The (DRAFT)
Conditions: Boxing or Wrestling or indoor sports
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The (DRAFT)
Conditions: CCTV
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
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TheSurveillanceCameraCodeofPractice(issuedbytheHomeOfficeinJune2013)makesspecificreferencetolicensingauthoritiesand
theiruseofconditionsattachedtopremiseslicencesstating:
‘
Whenarelevantauthorityhaslicensingfunctionsandconsiderstheuseofsurveillancecamerasystemsaspartoftheconditionsattachedtoa
licenceorcertificate,itmustinparticularhaveregardtoguidingprincipleoneinthe[SurveillanceCameraCodeofPractice].Anyproposed
impositionofablanketrequirementtoattachsurveillancecameraconditionsaspartoftheconditionsattachedtoalicenceorcertificateis
likelytogiverisetoconcernsabouttheproportionalityofsuchanapproachandwillrequireanappropriatelystrongjustificationandmustbe
keptunderregularreview.Applicationsinrelationtolicensedpremisesmusttakeintoaccountthecircumstancessurroundingthatapplication
andwhetherarequirementtohaveasurveillancecamerasystemisappropriateinthatparticularcase.Forexample,itisunlikelythata
trouble
freecommunitypubwouldpresentapressingneedsuchthatasurveillancecameraconditionwouldbejustified.Insuchcircumstances
wherealicenceorcertificateisgrantedsubjecttosurveillancecamerasystemconditions,theconsiderationofallotherguidingprinciplesin
thiscodeisamatterforthelicenseeasthesystemoperator'.
GuidingPrincipleOneisshownbelowforinformation:
TheDataProtectionAct1998allowsforCCTVimageswhichcanbeusedtoidentifyanindividualtobehandedoverforthepreventionor
detectionofcrime,theprosecutionorapprehensionofoffendersorwherethedisclosureisrequiredbylaw,forexample,whereanofficerof
thelicensingauthorityischeckingthatCCTVisbeingusedinaccordancewiththeconditionsofaparticularlicence.
TherequirementsoftheDataProtectionAct1998aresuchthatsuchdisclosureshouldbenecessaryforinvestigatingorpreventingacrimeor
apprehendingorprosecutinganoffender.AssuchthepolicemustbeabletojustifytheirrequestsforCCTVimagestobedisclosedtothem.
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CCTVDRAFTCONDITIONS:
17. Thepremiseslicenceholdermustensurethat:
a. CCTVcamerasarelocatedwithinthepremisestocoverallpublicareasincludingallentrancesandexits[Thelocationofcamerascould
alsobespecifiedontheplanattachedtothepremiseslicence].
b. Thesystemrecordsclearimagespermittingtheidentificationofindividuals.
c. TheCCTVsystemisabletocaptureaminimumof4framespersecondandallrecordedfootagemustbesecurelyretainedforaminimum
of28days.
d. TheCCTVsystemoperates[specify
‘
atalltimeswhilethepremisesareopenforlicensableactivities
’
orspecifytimings].Allequipmentmust
haveaconstantandaccuratetimeanddategeneration.
e. TheCCTVsystemisfittedwithsecurityfunctionstopreventrecordingsbeingtamperedwith,i.e.passwordprotected.
f. Therearemembersoftrainedstaffatthepremisesduringoperatinghoursabletoprovideviewablecopiesonrequesttopoliceorauthorised
localauthorityofficersassoonasisreasonablypracticableinaccordancewiththeDataProtectionAct1998(oranyreplacementlegislation).
Please give us your views about the conditions listed above as example conditions
relating to CCTV.
Please give details if you think that other conditions should be included in the list
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
18. Nodeliveriesorcollectionsrelatingtolicensableactivitiesatthepremiseswilltakeplacebetweenthehoursof[inserthours].
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The (DRAFT)
Conditions: Deliveries
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
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Please give us your views about the conditions listed above as example conditions
relating to deliveries
Please give details if you think that other conditions should be included in the list
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
19. Thedispersalofcustomersfromthepremisesmustbemanagedinaccordancewiththefollowing:
• Clearandlegiblenoticesmustbeprominentlydisplayedatallexitsrequestingcustomerstorespectlocalresidentsandleavethearea
quietly.
• Publicannouncementsrequestingcustomerstoleavequietlytominimisedisturbancetonearbyresidents
• A[specifyminutes]periodwhere[musicvolumeisreduced/lightingincreased/alcoholsalescease]
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The (DRAFT)
Conditions: Dispersals
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
5
5
6
6
20
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Institute of Licensing - Institute of Licensing - Institute of Licensing - Institute of Licensing -
Please give us your views about the conditions listed above as example conditions
relating to dispersals
Please give details if you think that other conditions should be included in the list
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
20. Drinksmustonlybeservedinpolycarbonate/plasticcontainers.
5
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6
The (DRAFT)
Conditions: Glass
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
5
5
6
6
21
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Institute of Licensing - Institute of Licensing - Institute of Licensing - Institute of Licensing -
Please give us your views about the conditions listed above as example conditions
relating to glass
Please give details if you think that other conditions should be included in the list
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
21. ThePremiseslicenceHoldermustcomplywiththeEventManagementPlansubmittedtoandapprovedbytheLicensingAuthorityandno
changeswillbemadetotheEventManagementPlanwithoutthepriorwrittenconsentoftheLicensingAuthority.*
* EventMgtplancanbedrawnupinconsultationwiththeSafetyAdvisoryGroupandResponsibleAuthorities.
5
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6
The (DRAFT)
Conditions: Large Events
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
5
5
6
6
22
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Institute of Licensing - Institute of Licensing - Institute of Licensing - Institute of Licensing -
Please give us your views about the conditions listed above as example conditions
relating to large events
Please give details if you think that other conditions should be included in the list
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
22. Customersmustnotbepermittedtoremovefromthepremiseslatenightrefreshmentprovidedatthepremisesbetween[specify
hours/days].
5
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6
The (DRAFT)
Conditions: Late Night Refreshments
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
5
5
6
6
23
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Institute of Licensing - Institute of Licensing - Institute of Licensing - Institute of Licensing -
Please give us your views about the conditions listed above as example conditions
relating to late night refreshments
Please give details if you think that other conditions should be included in the list
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
'Inaudibility'conditionshavebeenpopularinthepastbuthavefacedsufficientcriticisminthecourtstobequashedasinvalidforlackof
precision*.Noiseconditionsarenotoriouslydifficulttopre
emptandshouldbeappliedonlywhereprofessionaladvicehasbeenobtainedfrom
thelicensingauthorityacousticadvisor.Suchconditionswillbestrictlytailoredtothepremisesinquestionandtheconcernstohandin
relationtonoiseattenuationandresultantnuisance.
* SeeDevelopingRetailLtdvEastHampshireMagistrates'Court[2011]EWHC(Admin)
5
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6
The (DRAFT)
Conditions: Noise
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
5
5
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6
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23. Between[specifyhours/days],thenoiseclimateofthesurroundingareamustbeprotectedsuchthattheA
weightedequivalentcontinuous
noiselevel(LAeq)emanatingfromtheapplicationsite,asmeasured[specifieddistance(usuallyinmetres,betweenthenoisesourceandthe
receiverlocation(s))]fromanyfacadeofanynoisesensitivepremisesoverany[specifyno.ofminutes]periodwithentertainmenttakingplace,
mustnotincreasebymorethan[specifydBtolerance(e.g.+3dB,+5dB,etc.)]ascomparedtothesamemeasure,fromthesameposition,and
overacomparableperiod,withnoentertainmenttakingplace;andtheunweighted(i.e.linear)equivalentnoiselevel(LZeq)inthe63Hz1/1
Octaveband,measuredusingthe"fast"timeconstant,insideanynoisesensitivepremises,withthewindowsopenorclosed,overany[specify
no.ofminutes]periodwithentertainmenttakingplace,shouldshownoincreaseascomparedtothesamemeasure,fromthesamelocation(s),
andoveracomparableperiod,withnoentertainmenttakingplace.*
24. Thelocationandorientationofloudspeakersmustbeasspecifiedontheattachedpremisesplan.
25. An[acousticlobby/acousticdoor/acousticcurtains/acousticdoorseals/automaticdoorcloser]mustbeinstalled[specifythelocation/
defineonplan].
26. Allexternalwindowsanddoorsmustbekeptshutatalltimeswhenregulatedentertainmentisbeingprovided.Doorsmaybeopenedfor
normalentranceandegressofpeoplebutmustbeshutimmediatelythereafter.
NoiseLimitingDevice
27. Anoiselimitingdevicemustbeinstalledandmustoperateatalltimesregulatedentertainmenttakesplaceatthepremises.Thedevice
mustbeofatype,inalocationandsetatalevel[specifyifknown][approvedinwritingbytheappropriateofficeroftheCouncil].
* Werecognisethisconditionrequiresexpertinputandmaynotbeimmediatelyunderstandabletothelayman.Assuchitstandsasan
exceptiontoourgeneralprinciples.
Please give us your views about the conditions listed above as example conditions
relating to noise
Please give details if you think that other conditions should be included in the list
5
5
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6
The (DRAFT)
Conditions: Outdoor Areas
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
5
5
6
6
25
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Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
28. Nomorethan[insertnumber]customerswillbepermittedtoenterorremainin[defineoutdoorarea(s)]ofthepremisesatanyonetime,
betweenthehoursof[specify].
29. Clearandlegiblenoticesmustbeprominentlydisplayedatanyareausedforsmokingrequestingcustomerstorespecttheneedsoflocal
residentsandusetheareaquietly.
Please give us your views about the conditions listed above as example conditions
relating to outdoor areas
Please give details if you think that other conditions should be included in the list
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
30. Arefusalsrecordmustbekeptatthepremiseswhichdetailsallrefusalstosellalcohol.Thisrecordmustincludethedateandtimeofthe
incident,adescriptionofthecustomer,thenameofthestaffmemberwhorefusedthesale,andthereasonthesalewasrefused.Allentries
mustbemadewithin24hoursoftherefusal.Therecordmustbemadeavailableforinspectionandcopyingwithin[specifydays/hoursora
reasonabletime]ofarequestbyanofficerofaResponsibleAuthority.
5
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6
The (DRAFT)
Conditions: Records
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
5
5
6
6
26
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Institute of Licensing - Institute of Licensing - Institute of Licensing - Institute of Licensing -
Please give us your views about the conditions listed above as example conditions
relating to records
Please give details if you think that other conditions should be included in the list
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
31. Alldoorsupervisors,andotherpersonsengagedatthepremises,forthepurposeofsupervisingorcontrollingqueuesorcustomers,must
wear[highvisibilityjacketsorvestsorarmbands].
32. Doorsupervisionmustbeprovidedon(specifydays).Doorsupervisorsmustbeondutyfrom[INSERTHOURS]andmustremainonduty
untilthepremisesareclosedandallthecustomershaveleft.
33. Doorsupervisorsmustbeprovidedwithradiostoenablethemtocontacteachotherandthedutymanageratthepremises.
34. On[specifydays/hours]atleast[insertnumber]ofSIAregistereddoorsupervisorsmustbeondutyatthepremises[specifylocationatthe
premises][orasshownontheplan].
35. WhereSIAregistereddoorsupervisorsareusedatthepremises,arecordmustbekeptoftheirSIAregistrationnumberandthedatesand
timeswhentheyareonduty.
36. On[specifydays/hours]atleast[insertnumber]ofSIAregistereddoorsupervisorsmustbeondutyatthepremises[specifylocationatthe
premises][orasshownontheplan].*
* The
“
industrystandard
”
isgenerallyregardedasaratioof1doorsupervisorto100customersbutthiswillvaryaccordingtocircumstances..
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The (DRAFT)
Conditions: SIA (door supervisors)
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
5
5
6
6
27
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Please give us your views about the conditions listed above as example conditions
relating to door supervisors
Please give details if you think that other conditions should be included in the list
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
37. APersonallicenceHoldermustbepresentatthepremisestosuperviseallsalesofalcohol.
38. Adirecttelephonenumberforthedutymanagermustbeprominentlydisplayedwhereitcanconvenientlybereadfromtheexteriorofthe
premisesbythepublic.Thetelephonemustbemannedatalltimesthepremisesisopenforlicensableactivities.
39. ThePLH/DPSwillprovide[specifyratio]adultsupervisorsataratioof[specifyratio]whocanprovidecareforthechildrenastheymove
fromstagetodressingroometc.,andtoensurethatallchildrencanbeaccountedforincaseofanevacuationoranemergency.
5
5
6
6
The (DRAFT)
Conditions: Staff
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
5
5
6
6
28
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Please give us your views about the conditions listed above as example conditions
relating to staff
Please give details if you think that other conditions should be included in the list
Undernocircumstanceshouldanylicensingauthorityregardtheseconditionsasstandardconditionstobe
automaticallyimposedonlicences.
40. Betweenthehoursof[inserthours]nowaste/glassbottleswillbemovedordepositedoutside.
41. At[specifytimes][specifyareas]outsidethepremises,including[specifyareas]mustbesweptand/orwashed,andlitterandsweepings
collectedandstored[specifystorageandcollection].
42. Wherethepremisesprovidelatenightrefreshmentsforconsumptionoffthepremisessufficientwastebinsmustbeprovidedatornearthe
exits,toenablethedisposalofwaste.
43. Emptybottleswhichhavebeencollectedmustbeplacedintolockedbins.
5
5
6
6
The (DRAFT)
Conditions: Waste
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
5
5
6
6
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Institute of Licensing - Institute of Licensing - Institute of Licensing - Institute of Licensing -
Please give us your views about the conditions listed above as example conditions
relating to waste
Please give details if you think that other conditions should be included in the list
Do you have any other observations or comments on the draft
conditions and the
guiding principles?
Are there areas you feel we should have covered either in more
detail or which haven't been covered by any of the conditions at present?
Manythanksfortakingthetimetocontributeyourviewsforourconsideration.Theconsultationwillformallycloseon30thSeptemberandwe
willpublishourresponseinduecourse.
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Additional comments
Agreewiththeconditionsaslisted
gfedc
Disagreewiththeconditionsaslisted
gfedc
Thereareotherconditionswhichshouldbeincluded
gfedc
Pleasegivedetailswhereyoudisagreewiththeconditionslisted:
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Yes
commentsbelow
nmlkj
Nofurthercomments
nmlkj
Comments:
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NOT CONFIDENTIAL – For Public Release
LICENSING AND APPEALS COMMITTEE
15 JULY 2015
Report of the Head of Regulatory Services
DEREGULATION ACT 2015 – CHANGES TO TAXI LICENSING
PROCEDURES
SUMMARY
This report informs the Committee of legislative changes which will come into effect in
October 2015, and that will alter the minimum period allowed for renewal of a Taxi/Private
Hire Vehicle Driver’s Licence (badge) to 3 years and a Private Hire Operator’s Licence to
5 years. The Licensing Authority needs to amend its administrative procedures and revise
its fees to ensure it is operating in accordance with the provisions of the Deregulation Act
2015 which has introduced these changes.
RECOMMENDATIONS
1) That the Committee approves the proposed changes to the procedures for processing
applications for Taxi/Private Hire Vehicle Driver Licences, and for Private Hire
Operator Licences, to ensure the service is fully compliant with the provisions of the
Deregulation Act 2015 by 1
st
October 2015.
2) That the proposed fees in respect of hackney carriage/private hire vehicle driver
licences and private hire operators’ licences are advertised to the Trade and public for
comment for a 28-day period.
3) That the proposed fees and the outcome of the consultation exercise be referred to
the September meeting of the Governance and Resources Committee for
consideration and approval, to enable implementation of the changes by 1
st
October
2015.
WARDS AFFECTED
All
STRATEGIC LINK
An effective licensing regime supports the core values and key aims set out in the Council’s
Corporate Plan, in particular, the vision of a safe Peak District.
________________________________________________________________________
1 BACKGROUND
1.1 Changes to Taxi Driver and Private Hire Operator Licence Periods
The Deregulation Act 2015 (The Act), received Royal Assent on 26 March 2015, and
contains a number of provisions across a number of sectors aimed to reduce the
burdens resulting from legislation for businesses or other organisations or for
individuals. Some of these provisions relate to private hire and hackney carriage taxi
licensing.
31
1.2 The commencement date for the taxi and private hire deregulation measures set out
in the Act has been set by the Deregulation Act 2015 (Commencement No. 1 and
Transitional and Saving Provisions) Order 2015. Section 10 of the Deregulation Act
2015 will come in to force on 1 October 2015.
1.3 Section 10 (Taxis and private hire vehicles: duration of licences): amends two
sections of the Local Government (Miscellaneous Provisions) Act 1976 that deals
with the granting of licences to drive taxis and private hire vehicles and licences to
operate private hire vehicles.
1.4 Subsection (2) changes the law so as to establish a standard licence period of three
years for taxi and private hire vehicle driver licences. The section specifies that a
licence may be granted for a period of less than three years but only in the
circumstances of an individual case, not because of a ‘blanket’ policy.
1.5 Subsection (3) changes the law so as to establish a standard licence period of five
years for a private hire vehicle operator licence. The section specifies that a licence
may be granted for a period of less than five years but only in the circumstances of
an individual case, not because of a ‘blanket’ policy.
1.6 Currently Derbyshire Dales District Council issues taxi driver licences (combined
private hire and hackney carriage) for a 1-year period. The Act requires that from 1
st
October, these licences are to be issued for no less than three years as a standard.
However, if there is good reason to, the Licensing Authority may still grant for a
lesser period if appropriate, and taking into account the circumstances of a particular
case. Such a case should be exceptional eg. if there is doubt as to the fit and proper
status of a driver, which may merit a probationary period of less than 3 years, rather
than outright refusal. This would require a Committee decision.
1.7 Private hire operators’ licences are currently issued by Derbyshire Dales District
Council for a 3-year period. From 1
st
October 2015, the Act requires private hire
operator licences to be granted for a minimum period of 5 years. As with driver
licences, a lesser period may be granted, but only in exceptional circumstances, and
this would require a Committee decision.
1.8 The changes to the licence periods will need to be reflected in the cost of the licence.
Procedures will also need to be updated to ensure drivers and operators remain ‘fit
and proper’ during these extended periods, specifically in terms of monitoring for
compliance with licence conditions. Whilst there will be a reduced burden on staffing
resources for processing applications, there will be a need for increased resources to
monitor compliance with licensing conditions during the longer licence periods.
1.9 There are currently 114 licensed hackney carriage/private hire vehicle drivers in
Derbyshire Dales. 13 of these are due to renew their licences in October 2015.
There are currently 23 licensed private hire operators in Derbyshire Dales. None are
due for renewal in October but two are due to renew in November 2015.
1.10 Setting of Fees
Local Government Miscellaneous Provisions Act (1976) (LGMPA) prescribes either
that the fee in respect of the grant of vehicle and operator licences should be set at
£25 or that it may be set at “such other sum as the Council may from time to time
determine” subject to:
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a) publication of a notice in a local newspaper; and
b) retention of a copy of the notice at the offices of the District Council for a period of
28 days.
1.11 Following advertising of any proposed amendment to the fees and charges, there is
a 28-day period during which objections may be received. In the event that written
objections are received, the District Council is required to consider these and to set
either the proposed or a revised fee within a two- month period from the end of the
28- day consultation.
1.12 If the District Council does not receive any objections to the fees and charges these
would take immediate effect at the end of the 28-day consultation period.
1.13 By virtue of section 53(2) the District Council is entitled to recover the cost as it
considers reasonable for the issue and administration of a licence to drive a hackney
carriage or private hire vehicle. (Driver’s Badge)
Section 70(1) of the Act provides that the Council is entitled to recover;
a) The reasonable cost of carrying out inspections of hackney carriage and
private hire vehicles;
b) The reasonable cost of providing hackney carriage stands;
c) Any reasonable administrative or other costs in connection with the foregoing
and with the control and supervision of hackney carriage and private hire
vehicles.
1.14 Driver Licence Income
The current application fee for a hackney carriage/private hire vehicle driver’s licence
is £58.00 per annum (not including the criminal record and DVLA checks which are
separate charges).
There are currently 114 licensed drivers giving an annual income of £6,612.
It is proposed that a 3-yearly licence fee of £160 is adopted. Assuming the same
number of licensed drivers this would equate to an annual income of £6,080; a
reduction in fee income of £532 per year.
1.15 Private Hire Operator Licences
The current application fee for a private hire operator’s licence is £242.00 every 3
years.
There are currently 23 licensed operators equating to an annual income of £1,855.
It is proposed that a 5-yearly licence fee of £400 is adopted. Assuming the same
number of licensed operators this would equate to an annual income of £1,840; a
reduction in fee income of £15 per year.
1.16 The Impact on Annual Income
Overall there will be a reduction of approximately £550 per annum as a result of the
changes. These proposed fees take account of the current legislative changes and
have been calculated to achieve full cost recovery based on current known costs and
licence holder numbers.
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The fees will be considered in more detail as part of the Licensing Service Review.
Levels of staffing resource and more sophisticated cost-accounting systems are
among the issues that the Review will consider. Taking these matters into account
will enable us to ensure that fees remain lawful.
Any surplus or deficit that may inadvertently be made shall be carried forward on the
accounts year on year, which the District Council has a duty to do following the
district auditor decision in respect of Guildford ,and the findings in Hemmings v
Westminster licensing fees case and similar cases.
It is recommended that the proposed fees are advertised to the Trade and public for
comment and that the outcome of the consultation is referred to the September
meeting of the Governance and Resources Committee for consideration and final
approval.
1.17 Public Safety
The District Council has a duty of care to ensure public safety, as best it can, and
protect children and vulnerable adults from harm. This is an issue of particular
importance and the Licensing Authority needs to take a more proactive enforcement
stance, with longer licence periods being granted. This is to ensure that satisfactory
licensing checks are in place as a protective and preventative measure in
determining any grant of a licence or continued suitability of a licence-holder.
1.18 This issue is particularly relevant in light of recently published reports from
investigations into other Authorities where concerns over some aspects of taxi
licensing (both private hire and hackney carriage) have been highlighted in relation to
Child Sexual Exploitation; namely the Rotherham Report and the Oxfordshire Report.
1.19 It is recommended that the District Council adopts a minimum standard of requiring
an annual inspection of the Private Hire Operators’ bookings records and carries out
at least 2 inspections of the licensed premises (operator’s base) during the 5-year
period of the licence. This will allow officers to monitor and check compliance with
the provisions of the Local Government (Miscellaneous Provisions) Act 1976 and the
District Council’s Private Hire Operator Licence Conditions.
2 RISK ASSESSMENT
2.1 Legal
The provisions of the Deregulation Act 2015 require the changes to the licences to be
implemented by 1 October 2015. Failure to change the procedures could result in
non-compliance with the legislation and potential risk of challenge.
There is a requirement to ensure the service is fully compliant with the provisions of
the Deregulation Act 2015 and to allow consultation with the trade, public and other
interested parties by virtue of the statutory advertising of the proposed fees.
The changes to the legislation are intended to mitigate risk in terms of ensuring that
licenced drivers are fit and proper persons. The legal risk to the Council is therefore
low to medium in terms of effecting the change. The outcome will have a more
positive effect on the community and a lower legal risk is likely to emerge.
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2.2 Financial
The proposed changes to procedures and fees will result in a significant reduction of
annual fees and subsequent impact on service income, unless the current fee
structure is amended or there is an increase in the number of driver and private hire
operator applications received. The financial risk is therefore low.
3 OTHER CONSIDERATIONS
In preparing this report, the relevance of the following factors has also been considered:
prevention of crime and disorder, equalities, environmental, climate change, health, human
rights, personnel and property.
4 CONTACT INFORMATION
Eileen Tierney, Licensing Manager
Tel: 01629 761374
email: eileen.tierney@derbyshiredales.gov.uk
5 BACKGROUND PAPERS
Description
Date
File
Deregulation Act 2015
Local Government (Miscellaneous Provisions) Act 1976
Budget Monitoring Reports 2013/14 and 2014/15
Independent Inquiry report into Child Sexual Exploitation in
Rotherham
Hemmings v Westminster Case Law
February 2015
February 2015
24 May 2013
RS/ET
6 ATTACHMENT
Appendices
None.
35
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