LICENSING COMMITTEE TRAINING Lee Mansfield Stephen Eyre Dave Gill Date

Alcohol & Entertainment Licensing Taxi Licensing Overview Hearings / Code of Conduct Conditions Appeals

ALCOHOL AND ENTERTAINMENT LICENSING

OVERVIEW

Licensing Objectives Prevention of crime and disorder Public safety Prevention of public nuisance (noise, light, odour, traffic, litter) Protection of children from harm

Authorisations To provide licensable activities requires either: - A Premises Licence, - A Club Premises Certificate, or - A Temporary Event Notice A Personal Licence is also required to sell alcohol under the authority of a Premises Licence

Licensable Activities Sale of alcohol by retail Supply of alcohol on club premises Provision of regulated entertainment Provision of late night refreshment (11pm- 5am)

Regulated Entertainment Includes the following: –Performance of a play –Exhibition of a film –Indoor sporting event –Boxing or wrestling –Performance of live music –Playing recorded music –Performance of dance –Anything similar to LM, RM and Dance

Exemptions from Regulated Entertainment Live or recorded music if incidental to activity which is not regulated entertainment Live television Films used in demonstrations or advertising or as part of an exhibition Music incidental to certain other activities Music as part of a religious meeting Garden fetes Vehicles in motion Morris dancing or similar and ancillary live music

Entertainment Exceptions Plays not a licensable activity when:- –maximum audience of 500 people; and –takes place between 8.00am and 11.00pm Indoor sporting event (other than boxing or wrestling) not a licensable activity when:- –maximum audience of 1,000 people; and –takes place between 8.00am and 11.00pm

Entertainment Exceptions Live music (amplified or unamplified) not a licensable activity when:- –premises licence or club premises certificate permits sale or supply of alcohol for consumption on the premises; –premises open for sale or supply of alcohol for consumption on the premises; –takes place between 8.00am and 11.00pm; and –when live music is amplified - maximum audience of 500 people

Entertainment Exceptions Live music (unamplified) not a licensable activity when:- –takes place between 8.00am and 11.00pm –no restriction on audience size

Applications Paper or electronic applications – sent to all Responsible Authorities Applicant to display notice at premises Applicant to place a notice in local newspaper LA to advertise on website 28 representation period

Responsible Authorities Notice given to Responsible Authorities:- -Licensing Authority -Primary Care Trust or Local Health Board -Police -Fire Authority -Health & Safety -Planning Authority -Environmental Health -Child Protection Agency -Weights and Measures Authority (Trading Standards) Vessels – British Waterways Board or other relevant Authority

Determination of Application If there are no representations, no hearing is required and application must be granted Licensing Authority will issue Licence and Summary Licensing Authority will notify Police of grant Licence subject to mandatory conditions and conditions consistent with operating schedule

Mandatory Conditions Premises Licence authorising the supply of alcohol:- - no supply of alcohol unless premises have a Designated Premises Supervisor - every supply of alcohol must be made or authorised by a Personal Licence holder If Premises Licence requires use of door supervisors they must be licensed by the Security Industry Authority

Mandatory Conditions Ban on irresponsible drinks promotions Ban on dispensing alcohol direct into the mouth Free tap water must be provided An age verification policy must be in place Small measures must be available

Validity of Premises Licence Licence remains in force during life of the business Licence may be issued for specific period only Licence may be transferred or varied Licence may be surrended, suspended or revoked Licence lapses on death or insolvency of holder unless reinstated within 28 days

Variation of Premises Licence Licence holder may apply at any time Amendment of activities Modification of conditions Alteration of layout Similar procedure to new Licence application

Minor Variations Allows variations to Premises Licences through a simplified procedure Licensing Authority must be satisfied that none of the variations will adversely affect the promotion of any licensing objective Subject to limitations

Representations/Hearing Representations by Other Persons rejected if frivolous or vexatious Any representations rejected if not served within 28 day period or irrelevant Relevant if relate to likely effect on licensing objectives Only required if relevant representation made and not withdrawn

Determination Where relevant representation received Licensing Authority may :- - Grant Licence as requested - Grant Licence with appropriate and proportionate conditions - Exclude specific activities - Reject Designated Premises Supervisor - Reject application in full

Review of Premises Licence Review at any time if fail to comply with Licensing Objectives Application by Responsible Authority or Other Person No review if application irrelevant or if frivolous, vexatious or repetitious (other persons only) Responsible Authorities and Other Persons may make relevant representations

Review of Premises Licence Licensing Authority may take steps to promote the Licensing Objectives: -Modify conditions of the Licence -Exclude a licensable activity -Remove the Designated Premises Supervisor -Suspend an activity or the Licence or modify it for up to 3 months -Revoke the Licence

Summary Review Premises Licence must authorise sale of alcohol Premises associated with serious crime or serious disorder Certificate by Superintendent or above Licensing Authority to consider interim steps within 48 hours Review within 28 days

Appeals Available to any party involved in application when decision made Appeal to local Magistrates Court Appeal within 21 days of notification of decision May apply to the High Court for Judicial Review

Powers of Magistrates Court on Appeal Dismiss the appeal Substitute its own decision Remit the case back to the Licensing Authority Order payment of costs

HEARINGS

General Duties of Licensing Authorities A Licensing Authority must carry out its functions with a view to promoting the licensing objectives: The prevention of crime and disorder Public safety The prevention of public nuisance The protection of children from harm

General Duties of Licensing Authorities In carrying out its licensing functions a Licensing Authority must have regard to: the Authority’s Statement of Licensing Policy Guidance issued under the Licensing Act 2003

Statutory Guidance Paragraph 9.33: Licensing Authorities should focus the hearing on the steps considered appropriate to promote the particular licensing objective which has given rise to the specific representation and avoid straying into undisputed areas

Statutory Guidance A Responsible Authority may choose to rely on their written representation They may not add further representations to those disclosed prior to the hearing They may expand on their existing representation

Hearings Regulations A hearing takes the form of a discussion led by the Licensing Authority Parties may give further information at a hearing only in response to a request for clarification from the Licensing Authority Documentary or other evidence produced by parties may be considered provided it is produced before a hearing or at the hearing with the consent of all other parties

Hearing Process Introductions / Appoint Chair Case presented by Licensing Officer Questions put to Licensing Officer Case presented by Applicant / Licence holder Questions put to applicant / licence holder Parties sum up Committee withdraw and make decision

Rules of Natural Justice A fair hearing – all parties have the right to make representations Impartiality – Licensing Authority must have no interest in outcome of decision and must be objective and dispassionate in decision making Absence of bias – includes actual bias or appearance of bias

Proportionality Before determining an application the Licensing Authority must take into account whether:- - relevant and sufficient reasons have been advanced to justify the action - there was a less restrictive or draconian alternative For example, before refusal or revocation consider whether conditions are more appropriate

BURDEN OF PROOF Civil not criminal A person making a representation must establish that breach of a licensing objective is the likely effect Breach of a licensing objective is more probable than not

Evidence Some evidence such as gossip, speculation and unsubstantiated innuendo would be rightly disregarded Other evidence, even if hearsay, might by its source, nature and inherent probability carry a greater degree of credibility All would depend on the particular facts and circumstances

Hearsay Evidence Hearsay is an out of court statement, made in court, to prove the truth of the matter asserted Hearsay testimony is second-hand evidence The evidence of those who relate, not what they know themselves, but what they have heard from others

Daniel Thwaites Plc v Wirral Magistrates Court (2008) In my view their approach to what was “necessary” was coloured by a failure to take proper account of the changed approach to licensing introduced by the Act. Had they had proper regard to the Act and the guidance, they would have approached the matter with a greater reluctance to impose regulation and would have looked for real evidence that it was required in the circumstances of the case.

Daniel Thwaites Plc v Wirral Magistrates Court (2008) Quashing the decision the judge held that: The magistrates had proceeded without proper evidence They had given their own views excessive weight and their decision was made without it being established that it was necessary to promote the licensing objectives

Presentation of Evidence Clear and concise Chronological Relevant Avoid repetition Documents Summary Recommendation

CONDITIONS

Proportionality of Conditions Each application must be considered on its own merits Any conditions attached to licences must be tailored to the individual style and characteristics of the premises and events concerned Avoid the imposition of disproportionate and overly burdensome conditions on premises where there is no need for such conditions. Standardised conditions should be avoided where they cannot be shown to be appropriate for the promotion of the licensing objectives in any individual case

Conditions The Licensing Authority should only impose conditions on a Premises Licence which are appropriate and proportionate for the promotion of the licensing objectives If other existing law already places statutory responsibilities on an operator of premises it cannot be appropriate to impose the same or similar duties on the Premises Licence Holder It is only where additional and supplementary measures are appropriate to promote the licensing activities that proportionate conditions may be attached to a licence

Conditions Licensing law is not the primary mechanism for the general control of individuals once they are away from a licensed premises and therefore beyond the direct control of individual licensees When considering a new Premises Licence (or variation of an existing Licence) or following reviews that have identified problems with particular premises any conditions imposed must not be aspirational and must be within the control of the licensee

Conditions The essential purpose of the Licence is to regulate behaviour on premises and access to them where this relates to licensable activities and the licensing objectives Conditions attached to Licences cannot seek to manage the behaviour of customers once they are beyond the direct management of the Licence Holder and their staff or agents Beyond the vicinity of the premises the behaviour of customers is a matter for personal responsibility of individuals under the law. An individual who engages in anti-social behaviour is accountable in their own right

Conditions Under former licensing regimes, the Courts have made clear that it is particularly important that conditions with are imprecise or difficult for a licence holder to observe should be avoided Failure to comply with any conditions attached to a licence is a criminal offence, which on conviction would be punishable by a fine of up to £20, or up to six months imprisonment or both

Conditions Conditions should be: Appropriate. Promote the licensing objectives. Proportionate. Individual and tailored to the premises. Not duplicated in other legislation. Understandable. Achievable. Enforceable.

APPEALS

Appeals V2 Nightclub, Denbighshire (December 2010) – Licensing Authority ordered to pay £24, Cashmere, Berwick up Tweed (March 2011) – Police ordered to pay £43, Star Inn, Cardiff (May 2012) – Licensing Authority ordered to pay £17, Sainsbury’s, Leicester (October 2013) – Licensing Authority ordered to pay £44,000.00

Statement of Licensing Policy Approved by Council on 25 March 2014 Effective until March 2019 Cumulative Impact Policy – Ashby Town Centre Rebuttable presumption that all applications for new premises licences or variations will normally be refused, following relevant representations, unless the applicant can demonstrate that there will be no negative cumulative impact on one or more of the licensing objectives

Profile of the District 357 Licensed Premises 3 night clubs 250+ pubs / bars 100+ restaurants / cafes 203 late night refreshment houses In 2014, 22 new/variation applications, 2 review applications, 2 hearings

Hackney Carriage and Private Hire Licensing Stephen Eyre - Licensing Team Leader

A Spelling Lesson Licence with a ‘c’ is a noun eg The licence License with a ‘s’ is a verb eg to license and licensing

Two Tiers Hackney carriages – known as taxis To drive a taxi the taxi needs to be licensed as such and can only be driven by a licensed taxi driver Private hire vehicles – known as minicabs To drive a private hire vehicle the PHV needs to be licensed as such and can only be driven by a licensed private hire driver. Also the operator needs a PHV operators licence.

Drivers Have to show that they are fit and proper people to be licensed drivers Disclosure and Barring Service check Knowledge test Medical Driving Standards Agency driving test DVLA driving licence check

Drivers The Council needs to be sure that drivers can be trusted not to abuse their passengers Sometimes they do and if they are caught we use our powers to revoke their drivers licence Milton Keynes Council got it wrong and licensed a convicted rapist Rotherham spectacularly got it wrong and were at the centre of sexual grooming ring

Vehicles Council Depot inspection Visual inspection Insurance & MOT

Vehicles We need to be sure a vehicle is well maintained a suitable to be used as a licensed vehicle Also has the proper insurance MOT etc We also like it to look the part – no ‘sheds’

Operators Only for PHVs Checks made to ensure that the operators are suitable.