Licensing Objectives – Guidance

The New Licensing Act requires licence holders to adhere to the 4 licensing objectives:

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

Conditions attached to the new premises licence or club premises certificate should therefore seek to promote these objectives. Licence holders should specify on their operating schedule, the steps or measures they will take to comply with these objectives.

There is a range of measures premises and clubs can take to adhere to the licensing objectives. Some suggestions of appropriate measures are listed below, under each licensing objective. Please however note that these are merely possible conditions designed to cover a range of premises and clubs, and should not be treated as mandatory conditions that should be applied to all licences.

Please note that once a condition has been incorporated into a licence or certificate, it becomes enforceable under the law, and any breach of that condition can give rise to prosecution.

The prevention of crime and disorder:

The following measures can be adopted to promote the prevention of crime and disorder:

• Use of text / radio pagers – These are devices that connect premises licence holders, designated premises supervisors and managers of premises and clubs to the local police. Such pagers provide two-way communication, enabling holders to report incidents to the police and for the police to warn licence holders if individuals suspected of criminal behaviour are in the area. It is recommended that public houses, bars and nightclubs operating in city centres or in an area with a high density of licensed premises, should consider adopting such a measure.
• Door supervisors – Door supervisors can be valuable in keeping out excluded individuals, preventing the admission of those who are drunk, and  ensuring that those departing from the premises leave without causing further disturbance, and in maintaining orderly queuing outside of venues prone to such queuing. Again, such a measure is recommended for premises located in city centres.
• CCTV – CCTV can be an important means of deterring and detecting crime. If adopted as a condition on the licence, detail within those conditions should specify the location of each camera.
• Restrictions on drinking areas – Restrictions on the areas where drinks can be consumed after being purchased at the bar may be necessary in some cases. For example, it may be necessary to prevent the consumption of alcohol on the terraces of sporting grounds during particular sporting events.
• Capacity limits – It may be appropriate to include a capacity limit as a condition to ensure that overcrowding does not occur in the premises, which may in turn lead to disorder and violence.
• Proof of age cards – These are an appropriate measure to prevent the supply of alcohol to minors – those under the age of 18.
• Crime prevention notices – These can be used to warn customers not to leave their bags unattended and to guard their property.
• Signage – It may be necessary to provide information or clearly viewable signs on the opening hours of the premises or the hours that children can enter the premises.

Public safety:

The following measures can be adopted to maximise public safety:

• Safety for disabled members / customers – Adequate arrangements should be made to ensure the safe evacuation of disabled people from a premises. These persons should also be made aware of those arrangements.
• Escape routes – Conditions relating to the maintenance of all escape routes and exits may be necessary. In the case of premises where tables and chairs are provided, this may also include ensuring internal gangways are kept uninstructed.
• Loss of water – If the water supply to any hydrant, hose, reel, sprinkler or any other fire extinguishing installation is cut off or restricted, that the local Fire Control Centre are notified as soon as possible
• Access for emergency vehicles – Access for emergency vehicles should be kept clear and free from obstruction.
• First aid – Consideration may also need to be given to the supply of first aid equipment and materials on the premises, and the presence of at least one suitably trained first-aider when the public are present.
• Lighting – Where existing legislation does not provide adequately for the safety of the public, it may be necessary to ensure that emergency lighting is not altered and that fire safety signs are adequately illuminated.
• Alterations to the premises – Any alteration to a premises must not lead to the deletion of a condition regarding public safety. Any alterations to a premises must not be conducted without seeking a variation of the premises licence. The applicant will also need to propose a new operating schedule, which should offer alternative steps that the licensee intends to take to promote the importance of public safety.

In the case of cinemas, theatres and concert halls, the following should also be considered:

• Attendants – for premises that hold closely seated audiences, it may be necessary to specify the number of attendants that should be present. These attendants should also be readily identifiable to the audience.
• Standing and sitting in gangways – It may be necessary to ensure that conditions preventing any member of the audience sitting in any gangway, sitting or standing infront of an exit or obstructing a landing or staircase are included on the licence.
• Balcony fronts – Clothing or other objects should not be placed over balcony rails or on balcony fronts, therefore this may need to be included as a condition on the licence.
• Scenery – All scenery should be flame-retardant.
• Flammable films – No flammable films should be allowed on the premises.

The Prevention of Public Nuisance:

The following steps may be adopted to prevent public nuisance:

• Consideration of hours – It may be necessary to specify as a condition the hours during which the premises is open to members of the public. Restrictions may also need to be included when certain licensable activities take place, even though the premises may be open to the public at such times. For example, the playing of recorded music after a certain time might be prohibited, even though other licensable activities are permitted to continue.
• Noise and Vibration – Conditions may be included on the licence that seek to ensure that noise or vibration on the premises does not cause a nuisance to nearby properties. It may also be advisable to display prominent and visible notices that urge the public to respect the requirements of local residents and leave the premises quietly.
• Noxious smells – if not covered by existing legislation, consideration needs to be given to noxious smells from premises, which may cause a nuisance to nearby properties.
• Light pollution – Where current legislation does not cover for such nuisance, it may be necessary to consider conditions that ensure that bright lights, or security lights outside a premises do not cause a nuisance to nearby properties.

The Protection of children from harm:

The following steps may be taken to ensure the protection of children from harm:

• Access for children to licensed premises – It is advisable to consider including conditions on the licence that restrict the access of children under 18 to the premises, especially in cases where there is significant gambling activity, underage or binge drinking or any form of adult entertainment. In the case where premises are open after 11pm, but alcohol is not consumed on the premises, it is advisable that any children under the age of 12 should be accompanied by an adult.
• Age restrictions – It may be necessary for conditions to be adopted with regards to hours of the day during which age restrictions should and should not apply. For example, the fact that adult entertainment may be provided in the evening would not generally mean that age restrictions have to be applied at all times of the day.
• Children in theatres – The admission of children to a play is expected to be left to the discretion of the licence holder. However, if the production incorporates adult entertainment, it would be necessary to restrict the admission of children to such a show.
• Performances especially for children – If performances are presented especially for children, where a parent or guardian doesn’t need to be present, there may need to be a condition on the licence that ensures that at least one attendant is present per 50 children. Attendants should also be stationed by each exit.
• The naming, packaging and promotion of alcoholic drinks (The Portman Group Code of Practice) – The Portman Group acts on behalf on the alcohol industry to ensure that drinks are packaged in a socially responsible manner and only to those who are over 18. The code is therefore an important mechanism for protecting children from harm. Licensees may therefore wish to consider whether they should attach conditions to their licence, which require compliance with the Portman Group Retailer Alert Bulletins.
• Proof of age cards – This may be an appropriate means to prevent the sale of alcohol to minors.