Meeting documents

WDC Info Sheets - Licensing Committee
Tuesday, 30th November, 2004

Info Sheets - Licensing Committee 2004, 1-2004 Licensing Act 2003 and Its Implications for Crime and Disorder

INFORMATION SHEET

LICENSING COMMITTEE

Issue No: 1/2004

Date Issued: 30 November 2004

Licensing Act 2003 and Its Implications For Crime And Disorder

Officer contact: Gillian Stimpson – Community Safety Manager (HW 421404 or email: gillian_stimpson@wycombe.gov.uk)

Background

The Licensing Act 2003 received Royal Assent in July 2003 and now falls within the Government’s Department for Culture, Media and Sport. The Act will replace ten other Acts including the Licensing Act 1964, Theatres Act 1968, Late Night Refreshment Houses Act 1969, Cinemas Act 1985 etc. Although it is a very substantial piece of legislation it is actually intended to modernise and de-regulate the licensed industry.

Key Elements

There are several key elements to the Act that make licensing arrangements very different to the present ones.

·	Flexible opening hours which could potentially be 24 hour opening, seven days a week, intended to minimise public disorder which results from fixed closing times

·	Premises Licenses – this will be an amalgamation of the current different types of licenses (alcohol, public entertainment, cinemas, theatres, late night refreshment houses and night cafes) resulting in one licensing scheme run by local authorities

·	Personal Licenses and designated premises supervisors will be introduced

·	Local Authorities will be required to form Licensing Committees which will sit in district and unitary authorities and will grant premises, personal and club licenses. There will no longer be Licensing Magistrates.

Policies will need to be published by each licensing authority every three years and to set out the framework for the granting of licenses, consultation arrangements and responsible authorities (such as police, fire service, trading standards etc.) and interested parties (such as local businesses and local residents).

Key Objectives

There are four new objectives that are required to be established in the Licensing Policy.

·	The prevention of crime and disorder

·	Public safety

·	The prevention of public nuisance

·	The protection of children from harm.

All applications, administration and consultation inspections and reviews must be carried out with these objectives in mind and anything that tends to undermine any of the objectives is required to be identified, challenged and rectified.

The approach is very different from the current practice and now places a considerable burden of responsibility for achieving the objectives on the licensees for the first time.

Operating Schedules

There will be a requirement for an operating schedule to be submitted to the licensing authority and the police with the application for a license. This schedule must contain details of all the condition placed on the running of the establishment and it is these conditions that are intended to help achieve the four licensing objectives as stated above. This will place a considerable new responsibility on licensees who will now become responsible for the first time for reducing crime, disorder and anti-social behaviour.

Whilst not exhaustive, below are listed some of the conditions which may be featured in the operating schedule:

·	The stated opening hours

·	Trained and licensed door staff

·	Risk assessment in crime, disorder and nuisance both on or outside the premises

·	A strategy to reduce crime, disorder and nuisance

·	Facilities to search customers

·	Metal detectors for door staff

·	Queue management policy and queue supervision for customers outside

·	Strategy to address noise pollution – provisions for windows, doors, ventilation systems and sound proofing

·	Requirement to provide plastic bottles and glasses at certain times

·	Provision of freely available water

·	Provision of ‘chill out’ areas

·	Provisions for live music and entertainment

·	Arrangements to have designated premises supervisors on premises at certain times or places within the premises

·	Published telephone numbers for public complaints and a written complaints log to be maintained for inspection

·	Provision of CCTV inside and outside

·	Provision of adequate street lighting immediately outside for closing times

·	Operate restrictions on pub car parks to prevent use (and noise) after a certain time at night

·	A strategy to prevent the supply and use of drugs on the premises

·	Provision of a register and a safe to deal with any drugs or weapons seized

·	A customer dispersal policy to ensure customers leave quietly at closing time including notices, public announcements and playing quiet music before customers leave

·	Policy in relation to children on the premises e.g. age, supervision, restrictions where they can and can’t go

·	Arrangements if there are strip shows or sex shows

Licensing Committees will not be allowed to place blanket conditions on an area and so every application will be individually considered.

Possible Impact of New Licensing Regulations

Whilst this legislation has been introduced with a view to reducing crime and disorder in may countries where the licensing laws have been changed to de-regulate the permitted hours it has actually led to an increase in disorder and extended the binge drinking later into the night which in turn has increased and extended the need for other services including paramedics, hospitals and police late into the night and early morning.

When looking at the likely impact of these new regulations it is important to look at both the positive and negative likely impacts.

Impact on crime, disorder, public safety and prevention of public nuisance

·	Higher levels of disorder

·	Increase in violent offences in the street

·	General public at greater risk through drunkenness/loss of inhibition and increase in level of victimisation through assaults, theft, murder and sexual offences

·	Increase in levels of drug taking both recreational and Class A drugs

·	Increase in transient drinking as customers move from pub to pub

·	Increase in noise from breakout at premises, from patrons arriving and leaving and also in the areas around the licensed premises causing disturbances to residents late into the night

·	Increased levels of urinating and defecating in the street

·	Increased levels of damage and vandalism

·	Increased levels of domestic abuse

·	Increased issue in relation to unlicensed taxi cabs, taxi touting, unlicensed street vendors who will try to work late into the night

·	Increased number of drink/drug drive and other related driving offences

·	Increased demands of police service requiring them to work later and thereby reducing the day time staffing levels

·	Increased number of assaults on police

On the positive side, providing that licensing regulations/conditions are applied sensibly and adhered to by licensees then there could be some positive impacts such as:

·	Less disorder/violence as staggered closing times may reduce the number of people of the streets

·	Less drunkenness if hours are increased as no need to binge drink as within current hours system

·	Increased availability of taxi cabs as hours for dispersal are staggered thereby reducing the need for illegal taxicabs or taxi touts.

Impact on the Economy

There are both positives and negatives on how this new system will impact on the local economy. These may include:

·	Increased employment opportunities in the late night economy

·	A further shift towards a 24 hour economy

·	Increased demands on public services such as public conveniences, refuse collection and disposal

·	Increase in the demand for taxis

·	Increase in the demand for late night public transport (buses and trains)

·	Increase in the demand for fast food late into the night

·	Greater freedom of choice for the consumer on when and where they go drinking

·	Pubs will be able to compete more competitively as smaller pubs will now be able to open later without the expensive license applications which have been a feature of the larger theme pubs

·	Increased impact on the health services because of the links with drinking alcohol, taking drugs and violence and illness

·	Increased demand on police, health services and fire services

·	Greater level of staff sickness and hangover will affect businesses

·	Less bureaucracy and lower costs to the licensing trade over licence applications

Protection of Children

Much of the legislation refers to the protection of children. Areas covered include:

·	Sale of alcohol to and by young persons

·	Consumption of alcohol by young persons

·	Access for children to licensed premises

·	Age restrictions to certain licensed events

·	Age restrictions at cinemas

·	Age restrictions at theatres may apply for certain types of performance

·	Licensing authorities should also consider whether a condition about the number of adult staff on the premises should apply to ensure the well being of children present on the premises during an emergency

·	At performances especially for children in theatres and cinemas, there will be a requirement to have an attendant for every 50 children or part thereof

·	There will also be a need to consider children in performances in relation to their age, the venue, fire safety, the use of special effects and the care of children in regards to potentially dangerous equipment etc.

·	Consideration to premises where entertainment is of an adult or sexual nature are commonly provided

·	Consideration to licenses where there have been convictions or convicted staff are at the premises serving alcohol to minors or with a reputation for underage drinking

·	Premises where known associates with drug taking or dealing are regularly present

·	Strong elements of gambling on the premises (but not for example the simple presence of s small number of prize gaming machines)

·	Where the supply of alcohol for consumption on the premises is the sole purpose of the services provided at the premises

·	The use of proof of age cards to be promoted

·	Test purchasing of alcohol by minors

·	Importance of the awareness of other relevant legislation in relation to the protection of children

Impact on the health service

The impact on an already overstretched health service is not recognised in this policy and the following further negative impact can be expected:

·	Impact on Accident and Emergency services which includes the hospital and ambulance services from road accidents, as well as domestic violence and personal violence

·	Increased number of assaults on police, health service staff and door staff

·	Impact on alcohol rehabilitation services

As a major employer in the area it could impact on number of sick leave days taken by their own staff as a result of late night drinking.

Meeting documents

WDC Info Sheets - Licensing CommitteeTuesday, 30th November, 2004

WDC Info Sheets - Licensing Committee
Tuesday, 30th November, 2004