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Statement
    of
Licensing
  Policy


      1
 MENDIP DISTRICT COUNCIL
  Draft Statement of Licensing Policy
                    Index
   1. STATEMENT OF LICENSING POLICY
                     Introduction
                 Glossary of Terms
                Licensing Objectives
                  Types of Licence
                Licensable Activities
                 General Principles
             Transitional Arrangements
                     Consultees
                 Policy Consultation
                   Policy Review
2. LEGISLATION, POLICIES AND STRATEGIES
                     Legislation
         Relationship with Planning Policies
                 National Strategies
           Local Strategies and Policies
                Integrating Strategies
          Live music, dancing and theatre
            3. DECISION MAKING
    Allocation of Decision Making Responsibilities
                 Licensing Committee
              Relevant Representations
                      Mediation
                 Other Considerations
4. ADMINISTRATION OF LICENSING FUNCTIONS
                   Applications
                 Licensing Hours
                      Vicinity
                Cumulative Impact
                    Conditions
                   Enforcement
                   Drugs Policy
                Premises Licences
                Personal Licences
           Temporary Event Notifications
              Provisional Statements
               Variation of Licences
           Transfer of Premises Licence
         5. LICENSING OBJECTIVES

   Prevention of Crime and Disorder Objective
               Public Safety Objective
    The Prevention of Public Nuisance Objective
     Protection of Children from Harm Objective


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          6.    COMPLAINTS AGAINST LICENSED PREMISES

                             Reviews

                7. FURTHER INFORMATION




                      Appendicies

                 APPENDIX 1 - GLOSSARY OF TERMS


          APPENDIX 2 - MEMORANDUM OF UNDERSTANDING


                APPENDIX 3 - RELEVANT CONTACTS


         APPENDIX 4 – RELEVANT WEBLINKS AND DOCUMENTS


APPENDIX 5 – LIST OF ORGANISATIONS TO BE CONSULTED ON THIS POLICY


   APPENDIX 6 – DELEGATION OF LICENSING AUTHORITY FUNCTIONS


           APPENDIX 7 - CONSULTATION RESPONSE FORM




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                  STATEMENT OF LICENSING POLICY

INTRODUCTION

The Mendip District Council (the Council) is the licensing authority for the Mendip area under
the Licensing Act 2003 (the Act). This means that the Council will be responsible for granting
premises licences, club premises certificates, temporary event notices and personal licences
in respect of the sale and/or supply of alcohol and the provision of regulated entertainment and
late night refreshment. The new licensing regime will affect many different types of business
including cinemas, concert halls, theatres, nightclubs, public houses, sports clubs, cafes,
restaurants, fast food outlets, takeaways, community centres, grocers, supermarkets and
private members clubs.

The Act requires the Council to publish a ‘Statement of Licensing Policy’ that sets out the
policies the Council will apply to promote the licensing objectives when making decisions on
applications made under the Act. It is intended to clarify to applicants, interested parties and
responsible authorities how this Council will determine applications and process notifications in
connection with the Act.

This Statement of Licensing Policy has been prepared having regard to the Guidance issued
by the Department for Media, Culture and Sport.

To this end, although the Council does acknowledge the rights of businesses in its area to
operate, it also acknowledges that this must be balanced proportionately against the rights of
residents and other businesses not to be disturbed by unreasonable noise and nuisance
caused by licensed premises.

Furthermore, the Council aims to provide a clear, balanced, consistent and fair licensing
service for service users. Whilst at the same time it aims to protect public safety, in its widest
sense, in accordance with the licensing objectives. This new licensing regime is a tremendous
opportunity for the Council to have considerable influence on the quality of life for residents
through meeting its licensing objectives. However, there is a need to ensure that the Council
carefully judges its approach to ensure public confidence in the licensing system.

GLOSSARY OF TERMS

The terminology used in this document is document is set out at Appendix 1.

LICENSING OBJECTIVES

The Act requires that the Council carries out its various licensing functions with a view to
promoting the following four licensing objectives:

   THE PREVENTION OF CRIME AND DISORDER;
   PUBLIC SAFETY;
   THE PREVENTION OF PUBLIC NUISANCE, and;
   THE PROTECTION OF CHILDREN FROM HARM.




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[It should be noted that the Council may be restricted from considering certain licensing
objectives in connection with certain applications or notifications. Where this is the case, it is
prescribed by the Act or relevant secondary legislation.]

TYPES OF LICENCE

This document sets out the policies that the Council will apply when making decisions upon
applications in connection with the following: -

   PREMISES LICENCES;
   CLUB PREMISES CERTIFICATES;
   PERSONAL LICENCES;

and when considering notifications made in respect of:-

   TEMPORARY EVENT NOTICES.

LICENSABLE ACTIVITIES

This policy relates to all the licensing activities identified as falling within the provisions of the
Act and set out at Appendix 1.

GENERAL PRINCIPLES

Application of this policy will be based on:
 Each case being considered on its own merits and nothing in this Policy shall undermine
this principle.
 Where they are permitted to do so under the Act any person shall have the right to make
representations on any application or seek a review of a licence or certificate and nothing in
this Policy shall undermine that.

Applicants for Premises Licences and Club Premises Certificates will be required to set out
how they will promote the Licensing Objectives and what measures they intend to employ to
ensure compliance with them, in sufficient detail and with specific relevance to their application
to be to the satisfaction of the Responsible Authorities.

Where appropriate, conditions may be attached to licences and certificates where relevant
representations are received, where consistent with the operating schedule and where they
are mandatory. In order to avoid duplication with other statutory regimes as far as possible, the
Council will not attach conditions of licence unless they are considered necessary for the
promotion of the licensing objectives. Conditions will generally be considered unnecessary if
they replicate licensing offences that are already set out in the Act.

When considering applications and conditions to be attached to licences, the Council will
primarily focus on the direct impact of the activities taking place at licensed premises on
members of the public living, working or engaged in normal activity in the vicinity of the
premises.

To this end, applicants and licence holders will be expected to work proactively and positively,
both individually and in conjunction with other persons, to address problems created by their
carrying on of licensable activities both within their premises and in the vicinity. Furthermore,
where responsible authorities feel that it is necessary applicants and licence/ certificate/ notice


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holders will be expected to sign the Memorandum of Understanding attached at Appendix 2,
and carry out the licensable activities in accordance with it.

The Council considers that the statutory powers and other measures available to it, the Police
and the applicant will not always be sufficient to control a negative impact on the licensing
objectives. Therefore, the fact that such adverse impact may still occur is a relevant factor in
consideration of applications, which may lead to refusal of an application or conditions being
applied.

Furthermore, it must be appreciated that the licensing function is a key factor in controlling the
actions of businesses that provide facilities that may adversely impact on the licensing
objectives. Therefore, it does have a key role to play in the holistic approach to the
management of the evening and night – time economy.

However, the Council recognises that, apart from the licensing function, there are a number of
other mechanisms available for addressing issues of unruly behaviour that can occur away
from licensed premises, including:
    Planning controls;
     Ongoing measures to create a safe and clean environment in these areas in partnership
with local businesses, transport operators and other Council Departments;
    Powers to designate parts of the District as places where alcohol may not be consumed
publicly;
    Regular liaison with the Police on law enforcement issues regarding disorder and anti-
social behaviour, including the issue of fixed penalty notices, prosecution of those selling
alcohol to people who are drunk; confiscation of alcohol from adults and children in designated
areas and instantly closing down licensed premises or temporary events on the grounds of
disorder, or likelihood of disorder or excessive noise from the premises.

With regard to premises licences or club premises certificates already in force, the Police,
other responsible authorities or a local resident or business have the power to seek a review of
the licence or certificate. The grounds for this review must be clearly specified in the
application and based on one or more licensing objectives, before the Council will be able to
consider it.


TRANSITIONAL ARRANGEMENTS

During the transitional arrangements period specified in the Act, premises licences and club
premises certificates will be issued to persons applying under Schedule 8 of the Act who have
supplied the required information, documentation and fee. Issue of licences will be on the
basis of existing permissions being continued. If however the Police make representations that
the conversion of an existing licence would undermine the prevention of crime objective, then
the application will be referred to the Council’s Licensing Sub-Committee for consideration.

CONSULTEES

This Statement of Licensing Policy was subject to consultation with those persons and
organisations provided at Appendix 5.

POLICY CONSULTATION

The consultation document was aimed at residents, businesses and other interested parties
affected by Mendip District Council’s new role as the licensing authority for the licensable


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activities covered by the Act. Section 5 of the Licensing Act 2003 prescribed that the Council
prepare, consult on and publish a Statement of Licensing Policy. In developing the Policy the
Council will consult, as appropriate, to ascertain an appropriate framework for the
administration and enforcement of the functions conferred on it by the Act, in its area.

The consultation was conducted in accordance with the Cabinet Office ‘Code of Practice on
Consultation’. That document can be obtained from the Regulatory Impact Unit, details at
Appendix 4. However, the consultation exercise was also restricted by the limits of available
time and funding available.

[It should be noted that a separate consultation took place for every local authority area in
England and Wales and reference should be made to the relevant local authority for areas
outside Mendip. If a licensed premise falls across our boundary with a neighbouring authority,
we will be the relevant licensing authority if most of the licensed premises is within our border.]

At the end of the consultation period, all of the responses were collated and included in a
Summary of Responses paper that the Council intends to publish during December 2004. A
revised draft of the Licensing Policy was prepared and submitted to a full meeting of Mendip
District Council on 13 December 2004. Once the Council has adopted a Policy, it will come
into force on 7 February 2005, a date that has been determined by the Government.

POLICY REVIEW

This Policy will come into effect on the prescribed date and will remain in force for not more
than 3 years, during that time it will be subject to periodic review and further consultation.
Furthermore, the Policy will be reviewed by the Council at least every three years, or as
otherwise required by the Act or Regulations.

To assist the Council in ensuring the ongoing effectiveness of its Policy, the Licensing Service
will maintain a written summary of relevant and significant matters arising after it has been
approved by the Council. This will be called the Review Summary.

Also, certain organizations and bodies (see Appendix 5) will be encouraged to report to the
Council annually on the operation of the licensing functions conferred by the Act 9. They will
be expected to consider the strategic impact of the Council’s administration and enforcement
of this regime, in light of the 4 licensing objectives, and therefore the impact on the quality of
life in this district.

The Council will also take account of legislation or guidance issued by the Secretary of State,
in connection with the Act, in the production or review of the policy.




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            LEGISLATION, POLICIES AND STRATEGIES
LEGISLATION

In undertaking its licensing function under the Act, the licensing authority is also bound by
other legislation, including:

   Section 17 of the Crime and Disorder Act 1988;
   Human Rights Act 1998.

RELATIONSHIP WITH PLANNING POLICIES

The Council recognises that licensing applications should not be seen as a re-run of the
planning application process and there will be a clear separation of the planning and licensing
regimes to avoid duplication and inefficiency.

The use of any licensed premises or places are subject to planning controls. There are several
key differences between licensing and planning control. The most significant is that planning
is concerned with how land is used, whereas licensing is concerned with ensuring that public
safety, in its widest sense, is protected.

Planning permission attaches to the premises. A new occupier is not required to obtain new
planning permission when taking over premises (unless they are planning to alter the
premises), but they are required to apply to transfer the premises licence.

Licensing is concerned with the fitness of the operator, and detailed issues concerning the
operation and management of the premises that are not addressed by planning concerns.
(For example, it is not the role of the planning authority to impose occupancy limits or to
require CCTV to be installed in premises whereas these may be imposed by way of licence
conditions where it is reasonable to do so.)

Planning permissions do not generally expire for existing premises. However, licensed
premises will be inspected on a risk assessed basis to ensure that licence conditions are being
maintained and are effective. This allows the Council to look afresh at the terms and conditions
of the licence, depending on the nature and history of the operation. In extreme cases where
an application has been made for a licence to be reviewed, this may lead to the licence
conditions being amended or, the ultimate sanction, the licence being revoked.

In relation to new applications or variations it is the policy of the Council that any premises for
which a licence or certificate is required or variation proposed, they should have the relevant
authorised use under the planning legislation. Examples are set out below:

   “Use for the sale of food or drink for consumption on the premises or of hot food for
consumption off the premises” (Use Class A3);
   Assembly and leisure (Use Class D2) which includes concert hall, dance hall and
indoor/outdoor sports and recreations;
   Retail shop licensed for the sale of liquor e.g. an off licence (Use Class A1);
   A hotel which has a restaurant or bar included in its authorised use (Use Class C1.

All applications and variations for premises or club premises licences will only be considered,
except in exceptional circumstances demonstrated by the applicant, where:

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    The activity to be authorised by the licence is a lawful planning use; and
    The hours sought do not exceed those authorised by any planning permission.

The issue of a Provisional Grant of a premises licence is a separate and distinct process to the
granting of Planning Permission. The Council will consider applications for provisional
licences before Planning Permission is obtained, although Planning and Building Control
permissions will have to be sought and approved before any development takes place. Further
guidance is given regarding Provisional Statements in this Policy.

NATIONAL STRATEGIES

The Council will also seek to discharge its responsibilities identified by other Government
strategies and publications, so far as they impact on the objectives of the licensing function.
These will include:

     The Alcohol Harm Reduction Strategy for England;
     Action Plan for Tackling Alcohol Related Crime, Disorder and Nuisance;
     Safer Clubbing;
     LACORS/TSI Code of Best Practice on Test Purchasing.

LOCAL STRATEGIES AND POLICIES

Where appropriate, the Licensing Committee or its sub-committees will take into account local
strategies and policies.

INTEGRATING STRATEGIES

By consulting widely prior to this Policy statement being published the Council endeavoured to
secure proper integration with local crime prevention, planning, health and education,
transport, tourism and cultural strategies.

There are a number of wider issues which may need to be given due consideration when
dealing with applications. Where appropriate, the Council’s Licensing Committee will have
regard to relevant matters, including the following:-
     Needs of the local tourist economy;
     Community strategy for the area;
     Employment situation in the area and the need for new investment and employment,
where appropriate;
     Planning considerations that might affect licensed premises.
     The Mendip Local Plan.

LIVE MUSIC, DANCING AND THEATRE

In its role of implementing local authority cultural strategies, the Council recognises the need to
encourage live music, dance and theatre for the wider cultural benefit of the community.

However, when considering applications for such events or types of entertainment and the
possible imposition of conditions on licences or certificates, the Council will strive to ensure
that the satisfaction of such cultural needs does not conflict with achieving the licensing
objectives.




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                                DECISION MAKING

ALLOCATION OF DECISION MAKING RESPONSIBILITIES

The table provided at Appendix 6 indicates how the delegation of functions will be
allocated.

In addition, if no relevant representations about an application are received, then the
application must be granted on terms consistent with the operating schedule and relevant
mandatory conditions only. However, if relevant representations are received the Council may
apply conditions, which shall be proportionate and relevant to the application, and generally
based on the ‘model’ pool of conditions provided by the Department of Culture, Media and
Sport.

LICENSING COMMITTEE

The Committee’s terms of reference will be set out in the Council’s Constitution and be guided
by Regulations and Guidance issued under the Act.

Ward Members will not sit on a Committee or Sub Committee determining an application for a
premises or person residing in their Ward. If a Member has an interest in a premise or knows
an applicant personally, they must declare an interest. They will then take no part in the
decision making process. This reduces the potential for conflicts of interest to arise and the
perception of bias to occur.

The public and applicants must see that the Licensing Committee acts in a fair and reasonable
manner at all times. Therefore, all Members shall have received relevant training prior to
determining applications.

The Licensing Service will report to the Licensing Committee details of any applications that
have been determined, by way of delegation, since the previous report on such matters.

RELEVANT REPRESENTATIONS

‘Relevant representations’ are representations:
     About the effect of the Premise Licence on the promotion of the licensing objectives, and;
     Are made by an interested party or a responsible authority, have not been withdrawn and,
in the case of representations made by an interested party they are not in the Council’s opinion
frivolous or vexatious

‘Interested Party’ means any of the following:
   A person living in the vicinity of the premises;
   A body representing persons who live in that vicinity;
   A person involved in a business in that vicinity; or
   A body representing persons involved in such a business.

Decisions on whether a representation is valid or whether it is repetitious, frivolous or
vexatious will be delegated to the Licensing Enforcement Officer in liaison with the Chair or
Vice Chair of the Licensing Committee. This Officer will inform the author of a representation
concerning an application, or for the review of a premises licence, in writing where that
representation is considered to be repetitious, frivolous or vexatious and give reasons for his


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decision. That Officer will also inform the applicant or licensee when such a decision is taken,
and this information shall be recorded.

Additionally a review of the licence will normally follow any action by the Police to close down
the premises for up to 24 hours on grounds of disorder or public nuisance.

MEDIATION

Where relevant representations are received by the Council, the Licensing Service will
endeavour to arrange mediation between the parties involved to resolve these issues. Where
this mediation is not possible to facilitate or does not bring about a satisfactory resolution to all
parties involved, the matter will be determined by the Licensing Committee.

OTHER CONSIDERATIONS

The Council will give full and comprehensive reasons for its decisions. On making findings of
fact in its reasons, the Council will also ensure that they address the standard of proof and the
burden of proof that they have adopted. The Council will also address the extent to which the
decision has been made with regard to its Statement of Licensing Policy and the Guidance
issued by the Secretary of State under section 182.

Where an appeal is made against a decision of the Council, as soon as the determination of
the Magistrates’ Courts has been promulgated, the Council will not delay its implementation
and necessary action will be taken forthwith unless ordered by a higher court to suspend such
action (for example, as a result of an on-going judicial review). The Act provides for no further
appeal against the determination of the Magistrates’ Courts




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     ADMINISTRATION OF LICENSING FUNCTIONS

APPLICATIONS

Many application matters will be prescribed by way of Regulations, by Central
Government. Therefore, this section may be subject to change depending on the
nature of these Regulations. Also, other uniform administrative matters are detailed in
the Act itself and will not be repeated in this section.

However, applications will only be considered complete and duly made where
all of the relevant documentation and the fee accompany them.

The level of detail to be provided should be proportional to the scale and nature
of the application being made and ultimately shall provide sufficient evidence to
allow responsible authorities to consider whether the licensing objectives are
being met fully. To this end Guidance notes will be produced to assist applications
being made to the Council. Also, the applicant may ask the Responsible Authorities for
advice on the scope of the information to be provided.

LICENSING HOURS

Central Government advice recognises that fixed and artificially early closing times in
certain areas can lead to peaks of disorder and disturbance on the streets when large
numbers of people tend to leave licensed premises at the same time. Longer
licensing hours regarding the sale of alcohol may therefore be considered as an
important factor in reducing friction at late night food outlets, taxi ranks and other
sources of transport in areas where there have already been incidents of disorder and
disturbance. The Council will give appropriate weight to this consideration, in its
decision making.

However, as far as the Government’s overall approach to licensing hours is
concerned, it is not intended that any form of zoning will be introduced. Experience in
other areas shows that this can lead to the significant movement of people across
boundaries in search of premises opening later and puts greater pressure on
communities than is necessary.

Shops, stores and supermarkets shall generally be permitted to sell alcohol for
consumption off the premises during the normal hours they intend to open for
shopping purposes. However, in the case of individual shops that are known to be a
focus of disorder and disturbance then, subject to representations from the Police, a
limitation on licensing hours may be appropriate.

The Council will deal with the issue of licensing hours on the individual merits of each
application. However, when issuing a licence, stricter conditions are likely to be
imposed with regard to noise control in the case of premises which are situated in
largely residential areas, where relevant representations are received.

VICINITY

 The term “vicinity” is used in this document and the Licensing Act 2003 on a number
of occasions, particularly with reference to those “interested parties” who may lodge
objections to applications for premises licences and who make representations
concerning existing premises licences.
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Within the terms of this policy, the Council defines the term “vicinity” as generally
being a 100 metre radius of the premises in question. The distance quoted is not
intended to be an absolute figure and the 100 metre radius can be varied if particular
local circumstances apply.

CUMULATIVE IMPACT

Where there is evidence that a particular area is already suffering adverse effects
arising from the concentration of late night premises, or that residential areas are
under stress, this will be taken into account in determining any further applications for
premises within the area identified.

In determining the level of cumulative impact, the Council will take into account:

  The character of the surrounding area;
  The impact of the licence on the surrounding area, both individually and
cumulatively with existing licences, and;
  The nature and character of the proposed operation.

CONDITIONS

Conditions will be applied to licences that are proportionate and appropriate to the
business, organisation or individual concerned, where the legislation allows. The
Council will principally draw upon the model pool of conditions issued by the
Department of Culture, Media and Sport and attach conditions relative to the given
circumstances of each individual case.

ENFORCEMENT

Enforcement will be in accordance with the Mendip District Council enforcement
policy, which is based around the principles of consistency, transparency and
proportionality, as set out in the Department of Trade and Industry’s Enforcement
Concordat.

The enforcement policy (available on request and downloadable from the Mendip
District Council website) proposes that a graduated response is taken where offences
against legislation are found or where licence conditions have been contravened. An
isolated administrative offence such as failing to maintain records may be dealt with
purely by way of a written warning. More serious offences which have either been
committed over a period of time, or which jeopardise public safety, such as failing to
maintain fire extinguishers properly, may result in the issue of a Formal Caution or a
referral for prosecution.

The Council will seek to work actively with the Police in enforcing licensing legislation.
It expects the Police to share information with the Council about licensees and
licensed premises under the Crime and Disorder Act 1998 and its common law
powers, and to consult closely with the Council when any enforcement action may be
required, if this is appropriate.

The Council will also employ a Licensing Enforcement Officer to investigate
allegations of unlicensed activities and ensure that licence conditions imposed by the
Council are met.

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DRUGS POLICY

The Council recognises that drug use by young people in certain premises is not
something that is relevant to all licensed premises. However, it is also recognised that
conditions will need to be imposed for certain types of venues to discourage the sale
and consumption of drugs and to create a safer environment for those who may have
taken them. These conditions will take into account the "Safer Clubbing" guidance
issued by the Home Office. In all cases where these conditions are to be imposed,
advice will be taken from the local Drugs Action Team and the Police.

PREMISES LICENCES

A Premises Licence will be required for the use of any premises, part of a premises or
place for the prescribed licensable activities to take place. The operating schedule that
must accompany prescribed applications must include steps to be taken to comply
with the licensing objectives.

The following people may apply for a Premise Licence:

    A person whom carries on, or proposes to carry on, a business, which involves
the use of a premise for the licensable activities, authorised by the Premise Licence;
    Any person who makes the application in pursuance of one or more of its
statutory functions which relate to those licensable activities;
    A relevant Club within the meaning of the Act;
    A charity
    An educational institution;
    A hospital; or
    A person of such other description as may be prescribed.

LARGE SCALE TEMPORARY EVENTS

Temporary events may range from relatively small local events to major festivals
lasting one or more days. Despite the temporary duration of such major events, they
can attract large crowds ranging from over 500 people to tens of thousands.

Notwithstanding that some of these events do take place on or near the same site
each year, the Council will not grant a permanent premises licence for these locations,
except in exceptional circumstances. It will be beholden upon the applicant to
demonstrate what exceptional circumstances are applicable in each case to justify
deviation from this policy, with particular reference to the reasons for this view being
considered necessary. The reasons for this view being taken are the following:-

 These events have significant potential to considerably undermine the promotion of
the licensing objectives. The Council believes that this risk can only be adequately
avoided by the submission of an up to date, relevant, detailed and complete operating
schedule that is specific to the proposed event on each separate occasion.

 Responsible authorities and interested parties must be given the opportunity to
make representations related to each individual event. This is because the potential
for adverse impacts on the promotion of the licensing objectives can vary significantly
between events even when planned at the same premise, and therefore these
persons and organisations must be given a meaningful role in the determination of a
licence application of each event.

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 The enforcement policy of the Council may be critically undermined by the short
duration and potentially occasional nature of these events. This is because the
Council’s graduated response to problems arising may not be as effective in
responding to these issues on an occasional and irregular basis, particularly with
different event organisers.

 These sites are not usually entirely purpose built for the proposed licensable
activities to take place. Therefore, there is considerable work involved before, during
and after such events in planning and organising the event itself, and also
coordinating the full involvement of all the emergency services to ensure a safe and
well managed event. The Council believes that this is only adequately achievable by
the full and ongoing involvement of the Council and responsible authorities in liaising
with the applicant, whilst they are drawing up the operating schedule for each
individual event.

 The Council believes that where an applicant attempts to submit an operating
schedule that may be relevant to a whole range of events; the detail and relevance of
this important document may well be critically diluted. Therefore, leading to an
adverse impact on the promotion of the licensing objectives.

 Ultimately, it must be considered that the Council is under statutory obligation to
endeavour to administer and enforce the licensing regime to promote the licensing
objectives. Whereas, the organiser of an event has additional and entirely separate
considerations in planning, organising and managing their event; these include
financial concerns (both how much profit an event creates for private gain or to go to
charitable causes) and satisfying the demands of those attending the event (i.e. music
sound levels to the satisfaction of the audience). These considerations amongst other
matters can be in conflict with the priorities of the Council, and therefore the promotion
of the licensing objectives.

Furthermore, the Council strongly recommends that an application for these events is
submitted at least for 3–6 months before the proposed event is due to take place. In
accordance with the specification given below:-

 Event of 500 – 3000 persons minimum notice period 3 months.

 Event of over 3000 persons – minimum notice period 6 months

If less notice is given by an applicant, there may not be sufficient time for the Council
to mediate and attempt to resolve any potential relevant representations made about
the event. This may lead to refusal of the application. It will also allow the Council and
the Emergency Services sufficient time to assist the organisers to plan their events
safely.

Finally, applicants are advised to make reference to relevant technical advice and
guidance prior to producing their operating schedules.

PERSONAL LICENCES

Personal Licences will be granted if the applicant can demonstrate each of the
following:

   They are 18 years of age or over;

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   They posses an appropriate licensing qualification or are a person of a prescribed
description;
   No personal licence held by the applicant has been forfeited in the period of five
years ending with the day the application was made, and;
    The applicant has not been convicted of any relevant offence or any relevant
foreign offence.

[The authority will reject any application where points 1, 2, or 3 above are not met.]

Applicants with unspent criminal convictions for relevant offences set out in
Regulations made under the Act are encouraged to first discuss their intended
application with the Police Licensing Enquiry Officers before making an application.

TEMPORARY EVENT NOTIFICATION (TEN)

Temporary event notices are subject to the following limitations:.

 duration – they are limited to events lasting up to 96 hours;
 scale – they cannot involve the presence of more than 499 people at any one
time;
 use of the same premises – the same premises cannot be used more than 12
times in a period of 12 months;
 the number of notices given – a personal licence holder is limited to 50 notices in
one year, and an ordinary person to five notices in a similar period.

In any other circumstances, a temporary event at which licensable activities are to
take place would require a premises licence if the premises or place where the event
is to take place is unlicensed.

A premises licence or club premises certificate holder may also apply for TENs for his
premises to cover events of the prescribed nature.

Temporary event notices do not involve the Council giving permissions for the
event to take place. This is a notification procedure in which only the Police may
intervene to prevent such an event, or to modify the arrangements for such an
event. The Council will only intervene itself if the limits on the number of notices
given in the various circumstances outlined above are exceeded.

The Act requires an organiser of a temporary event to give the Licensing Authority a
minimum of 10 working days notice. This is the absolute legal minimum period of
notification and in reality would not allow sufficient time for consultations with the
Police, Fire and other authorities. The Council therefore recommends a minimum
notice period of not less than one calendar month before the proposed date of
the event taking place, to both the Council and the Police.

The Council will accept a TEN for a period of not more than 1 calendar year before the
proposed event is due to take place.



                                           13
The Council will not attach any terms or conditions on such events other than those
allowed by legislation. The Council will though provide on request advice on health
and safety matters, noise nuisance and the building of temporary structures.

The Council strongly recommends that organizers of events, involving a TEN being
served address the following issues:-

   Seek relevant professional advice on public liability insurance.

   Seek relevant professional advice on noise, public safety, sanitation, food
hygiene, health & safety and fire safety matters.

    Liaise with local residents and businesses that may be affected by the event, to
raise awareness of the nature and duration of the event.

   Seek relevant professional advice on medical provision.

    Ensure that the event site and environs are maintained free of litter to a
reasonable extent during an event and completely cleared following an event. This
includes the removal of all advertising material used to promote events, within a
reasonable period.

    Applicants are strongly advised to consider and lessen the potential impact in
terms of public nuisance, as there may be a direct causal link with licensable activities
taking place at the premises and this occurring.

The Police may intervene to prevent an event or impose conditions to prevent crime
and disorder occurring.

VARIATIONS OF LICENCES

Applications to vary a Premise Licence will be dealt with in a similar manner to
applications for a new Premise Licence. If relevant representations are not received
the application for variation will be granted.

If relevant representations are made and not withdrawn, the Council will hold a
hearing and at that hearing the Council may:

   Modify the conditions of the Licence; or
   Reject the whole or part of the application.

The Licence will not be varied so as to:

   Extend the period for which the Licence has effect; or
   To vary substantially the premises to which it relates.

The Council may vary a Premise Licence so that it has effect subject to different
conditions in respect of:

   Different parts of the premises concerned; and
   Different licensable activities.




                                           14
         LICENSING

    OBJECTIVES
‘The legislation provides a clear focus on the promotion of four
statutory objectives which must now be addressed when licensing
functions are undertaken. They are:

    the prevention of crime and disorder;

    public safety;

    the prevention of public nuisance; and

    the protection of children from harm’
Extract from the foreword of the statutory guidance issued under section 182 of the
Licensing Act 2003 by the Secretary of State for Culture, Media and Sport




                                          15
PREVENTION OF CRIME AND DISORDER OBJECTIVE
The Council will consider whether the grant of an application will result in an increase
in crime and disorder.

The Council recognizes that crime and disorder can occur, particularly outside
licensed premises, however well managed the premises may be. Therefore, in
considering whether the crime and disorder objective is met, the Council will normally
take into account the criteria set out below.

Applicants are encouraged to consider crime prevention procedures both inside and
outside their premises before making a formal application. To that end they will be
expected to give full consideration to crime reduction guidance and advice that may be
provided by the Council and/ or the Police.

Furthermore, when addressing crime and disorder, the applicant should initially
identify any particular issues (having regard to their particular premises and/ or
activities) which are likely to adversely affect the promotion of this licensing objective.
Such steps as are required to address these identified issues should be included with
the applicant’s operating schedule.

In considering applications, the following may be taken into account: -

   The ability of the person in charge of the premises to monitor the premises at all
times it is open and arrangements for deputies to take proper responsibility;

    Management attitudes, such as the willingness to stagger trading hours with
nearby competing businesses and to use a ‘cool down period’ towards closing time
(where music levels are dropped, soft drinks/ tea and coffee are available and alcohol
is not available) to avoid all of their patrons subsequently competing for the limited
public transport late at night, their willingness to limit sales of bottled alcohol for
immediate consumption; and the use of responsible pricing promotions;
   The design and layout of the premises;
   The training given to staff in crime prevention measures appropriate to those
premises;
   Physical security features installed in the premises. This may include matters
such as the position of cash registers, where alcohol is stored in ‘off-licences’ or the
standard of CCTV installed; the use of toughened drinking glasses in pubs and clubs;
    The likely exit times from the premises and the demands upon and the capacity of
public transport at those times;
  Any other such measures as may be appropriate, such as participation in a local
Pubwatch, ‘music wind-down policies’, restrictions on ‘happy hours’;
    The measures employed to prevent the consumption or supply of illegal drugs,
including any search procedures and entry policies;
   Where premises are subject to age-restrictions, the training and procedures in
place to conduct age verification checks;
   The likelihood of any violence, public order or policing problem if the licence is
granted.


                                           16
The Council will actively work with premises licence and club premises certificate
holders to promote a Voluntary Code of Practice in respect of discounting of alcoholic
drinks and responsible drinking campaigns. The Council will look favorably on
applications stating a willingness to be actively involved promoting and abiding by this
Code.

The Council will continue to play an active part in the development of Pubwatch/
Clubwatch Schemes. It will also liaise with the Police to ensure that these schemes
are effective, and properly supported by both the Council and Police.

The Council will not look favorably on any applications for premises licenses or club
premises certificates, where the applicant would be expected to be an active member
of the local pub watch scheme, and is not such a member. As such the Council would
expect that all such premises located within the built up areas that form Shepton
Mallet, Glastonbury, Frome, Wells and Street; along with the premises that are located
within easy access of these same settlements, would be actively involved in the local
pub watch scheme.

The Council would also expect that certain premises that are regularly open beyond
02.00hours would also be involved in a Clubwatch scheme.




                                          17
PUBLIC SAFETY OBJECTIVE

The Council will endeavour to inspect premises on receipt of an application to vary the
premises licence, save where only a minor change is being proposed (e.g. extension
of the length of a bar). Officers will determine on a case-by-case basis which
applications require an inspection, and will arrange inspections, wherever possible, in
advance with the applicant.

Where an application has been received to build new premises or vary existing
premises, the Council’s licensing officers will aim to co-coordinate inspections and
visits with the Fire Authority, Police and Environmental Health Officers.

From time to time premises may be inspected by Council Officers, the Police and/or
the Fire Service for purposes of ascertaining compliance with the Act or associated
legislation or Regulations.

Officers will determine on a case-to-case basis which applications require an
inspection, and will arrange for such inspection within 5 working days of receipt.of
application. It will also strive to inspect every premise on receipt of an application to
vary the premises licence, save where only a minor change is being proposed (e.g.
extension of the length of a bar).

Applicants will also be notified within 5 working days of receipt of their application if
the Council is not minded to conduct an inspection.

All premises will be individually risk-rated, and will be inspected on an appropriate
basis.

Licensed premises present a mixture of health and safety risks, some of which are
common to many premises, and others unique to single premises. It is essential that
premises are constructed, adapted or maintained so as to safeguard occupants
against such risks.

The purpose of imposing a maximum number of persons resorting to premises at any
one time is to ensure the safety of persons in the premises and to provide safe
evacuation in the case of an emergency. The Council therefore will set occupancy
limits in consultation with the Fire Service on the following basis:

1.   For all premises previously holding Public Entertainment Licences under the
Local Government (Miscellaneous Provisions) Act 1976.
2.   For all other premises where it is considered necessary to limit the capacity for
reasons in accordance with the licensing objectives.

Where a fire safety certificate for a premise includes a capacity condition, the Council
will not normally set a capacity requirement on a licence unless there are specific
reasons for such action being taken.

The Council will aim to protect the general health and safety of persons frequenting
and working in licensed premises or events through the imposition of conditions on
licences, where relevant representations are received.

When addressing public safety, the applicant should initially identify any particular
issues (having regard to their particular premises and/ or activities) which are likely to
                                           18
adversely affect the promotion of this licensing objective. Such steps as are required
to address these identified issues should be included with the applicant’s operating
schedule

To protect the safety of people in licensed premises, the Council will expect applicants
to demonstrate fully the following:-

  that all licensed premises or temporary events have adequate and effective
means of escape in case of fire and consideration has been given to all fire safety
measures;

   as appropriate, licensed premises or temporary events are provided with fire
alarms, emergency lighting and firefighting equipment suitable to the risk and
adequately maintained;

   that the number of people present in the venue or at the event can safely
evacuate in the case of emergency;

   adequate staff training to deal with emergencies and that the operating schedule
expressly states what training is to be undertaken, its frequency and what records are
kept to demonstrate this has taken place, and;

    that safety is paramount in the operating schedule and that the operating
schedule makes specific note of the importance of the above matters by means of a
written fire risk assessment.




                                          19
THE PREVENTION OF PUBLIC NUISANCE OBJECTIVE

The Council is concerned to protect the amenity of residents and businesses in the
vicinity of licensed premises. Whilst at the same time the Council is aware of the
importance of the licensed trade to the local economy and its culture and leisure
aspirations. Accordingly, it will try and work together with interested parties, statutory
agencies and licensed businesses to ensure a mutual co-existence.

When addressing the prevention of public nuisance, the applicant should initially
identify any particular issues (having regard to their particular premises and/ or
activities) which are likely to adversely affect the promotion of this licensing objective.
Such steps as are required to address these identified issues should be included with
the applicant’s operating schedule

In considering all licence applications, the Council will consider the adequacy of
measures proposed to deal with the potential for nuisance and/or anti-social behaviour
having regard to all the circumstances of the application. The Council will particularly
consider:-

    The steps taken or proposed to be taken by the applicant to prevent noise and
vibration escaping from the premises, including music; noise from ventilation
equipment, and human voices. Such measures may include the installation of
soundproofing, air conditioning, acoustic lobbies and sound limitation devices;

    The steps taken or proposed to be taken by the applicant to prevent disturbance
by customers arriving at or leaving the premises and resorting/ remaining in the vicinity
of the premises;

    The steps taken or proposed to be taken by the applicant to prevent queuing (and
associated congestion either by pedestrian or vehicular traffic). If some queuing is
inevitable then queues should be diverted away from neighbouring premises or be
otherwise managed to prevent disturbance or obstruction;

   The steps proposed to reduce litter from the premises concerned being deposited
without due care, as far as is reasonably practiced.

    Whether there is sufficient provision for public transport (including taxis and
private hire vehicles) for patrons;

   The installation of any special measures where licensed premises are or are
proposed to be located near sensitive premises such as nursing homes, hospitals,
hospices or places of worship;

   The use of gardens and other open-air areas;

    The siting of CCTV cameras and external lighting to deter anti social behavior,
(including whether security lighting is installed inappropriately);

    Whether the premises would lead to increased refuse storage or disposal
problems, or additional litter (including fly posters and illegal placards) in the vicinity of
the premises.

    The history of previous nuisance complaints proved against the premises,
particularly where statutory notices have been served on the present licensees.

                                            20
PROTECTION OF CHILDREN FROM HARM OBJECTIVE

ACCESS TO LICENSED PREMISES

The wide range of premises that require licensing means that children can be
expected to visit many of these, often on their own, for food and/or entertainment.

Whilst the Act allows children access to licensed premises, the Council recognises
that limitations may have to be considered where it appears necessary to protect
children from harm, where relevant representations are received.

The Council expects that personal licence holders contribute to not serving alcohol to
children under 18, except in the limited circumstances allowed for by the law. The
Council will work with the Police, Trading Standards and applicants to determine best
practise in verifying a person’s age, on an ongoing basis.

The Council will also actively support other agencies, particularly Trading Standards,
in enforcing legislation in connection with the sale of alcohol to those who are
underage. This may involve test purchasing and enforcement measures being carried
out, by relevant agencies.

The Council will consult with the Custodian of the Child Protection Register where
prescribed to consult with a responsible authority for the protection of children from
harm.

The Responsible Authorities will judge the merits of each separate application before
deciding whether to make relevant representations. The following are examples of
premises that may raise concern:
     Where there have been convictions for serving alcohol to minors or with a
reputation for underage drinking;
      With a known association with drug taking or dealing;
      Where there is an inappropriate element of gambling on the premises;
      Where entertainment of an adult or sexual nature is commonly provided.

When addressing the protection of children from harm the applicant should initially
identify any particular issues (having regard to their particular premises and/ or
activities) which are likely to adversely affect the promotion of this licensing objective.
Such steps as are required to address these identified issues should be included with
the applicant’s operating schedule.

These may include the following:-

       Limitations on the hours when children may be present;
       Limitations on ages below 18;
       Limitations or exclusion when certain activities are taking place;
       Requirements for an accompanying adult;
       Full exclusion of people under 18 from the premises when any licensable
activities are taking place.


                                           21
No conditions will be imposed requiring that children be admitted to any premises and,
where no limitation is imposed, this will be left to the discretion of the individual
licensee.

The Act details a number of offences designed to protect children in licensed premises
and the Council will work closely with the police to ensure the appropriate enforcement
of the law, especially relating to the sale and supply of alcohol to children.

ACCESS TO CINEMAS

Films cover a vast range of subjects, some of which deal with adult themes and/or
contain, for example, scenes of horror or violence that may be considered unsuitable
for children within certain age groups.

In order to prevent children from seeing such films, the Council will impose conditions
requiring licensees to restrict children from viewing age-restricted films. The age
restrictions will be based on the recommendations of the British Board of Film
Classification (BBFC). The Council retains the right to specify age-restrictions on films
not based on classifications made by the BBFC, should it think it appropriate to meet
this particular objective.

CHILDREN AND PUBLIC ENTERTAINMENT

Many children go to see and/or take part in an entertainment arranged especially for
them, for example children’s film shows and dance or drama school productions, and
additional arrangements are required to safeguard them while at the premises.

The Council will expect the Operating Schedule to satisfactorily address safety issues
including the supervision of children.

The Council will consider attaching conditions to licences and permissions to prevent
harm to children, and these may include conditions drawn from the Model Pool of
Conditions relating to the Protection of Children from Harm.




                                          22
          COMPLAINTS AGAINST LICENSED PREMISES

GENERAL

The Council will investigate complaints against licensed premises in relation to matters
relating solely to the 4 licensing objectives. In the first instance, complainants are
encouraged to raise the complaint directly with the licensee or business concerned to
seek a local resolution. However, failure to do so will not prejudice the handling of any
complaint.

Where an interested party (such as a local resident or a resident’s association) has
made

   Valid representations about licensed premises, or
   A valid application for a licence to be reviewed

then the Council will offer to arrange a conciliation meeting to address and clarify the
issues of concern where practicable.


REVIEWS

Nothing in this Policy shall restrict the right of an interested party or responsible
authority to call for a review of a licence or make relevant representations in
accordance with the Act.

The Council, on receiving a formal representation, may carry out a review of a
premises licence or club premises certificate where it is alleged that activities are
taking place that are in breach of the licensing objectives set out in the Licensing Act
2003.




                                          23
                                       APPENDIX 1

                                     Glossary Of Terms
Within this Statement of Policy, the following words and terms are defined as stated:

Licensing Objectives:       Are defined in section 1.3 above.
Licence:                    Means Premises Licence or Personal Licence
Certificate:                Means a Club Premises Certificate in relation to qualifying clubs
Applications:               Means applications for Licences and certificates
Notifications:              Means notifications of Temporary Event Notices.
Regulations:                Means Regulations made under the Act
Premises                    Means any place and includes a vehicle, vessel or moveable
                            structure
Operating Schedule:         The schedule to be submitted with the premises application.

The following definitions within the Licensing Act 2003 are used within this policy document:

Licensable activities and qualifying club activities:

Are defined as:
(i) the sale by retail of alcohol
(ii) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club
(iii) the provision of regulated entertainment
(iv) the provision of late night refreshment - for those purposes the following licensable
activities are also qualifying club activities;
(i) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club
for consumption on the premises where the supply takes place
(ii) the sale by retail of alcohol by or on behalf of a club to a guest of a member of the club for
consumption on the premises where the sale takes place
(iii) the provision of regulated entertainment where that provision is by or on behalf of a club
for members of the club or members of the club and their guests

Regulated Entertainment

(a) A performance of a play
(b) An exhibition of film
(c) An indoor sporting event
(d) A boxing or wrestling entertainment
(e) A performance of live music


                                                 24
(f) Any playing of recorded music
(g) A performance of dance
(h) Entertainment of a similar description to that falling within paragraph (e), (f) or (g) where
the entertainment takes place in the present of an audience and is provided for the purpose,
or for purposes which include the purpose, of entertaining that audience. Any reference to an
audience includes a reference to spectators. This definition is subject to Part 3 of Schedule 1
to the Licensing Act 2003 (interpretation).

Interested Party

Is defined as:
(i) a person living in the vicinity of the premises
(ii) a body representing persons who live in that vicinity
(iii) a person involved in a business in that vicinity
(iv) a body representing persons involved in such businesses.

Responsible Authority

Is defined as:
(i) the Chief Officer of Police for any Police area in which the premises are situated
(ii) the Fire Authority for any area in which the premises are situated
(iii) the enforcing authority within the meaning given by section 18 of the Health and Safety at
Work etc Act 1974 for any area in which the premises are situated
(iv) the local planning authority within the meaning given by the Town and Country Planning
act 1990 (c.8) for any area in which the premises are situated
(v) the local authority by which statutory functions are exercisable in any area in which the
premises are situated in relation to minimising or preventing the risk of pollution of the
environment or of harm to human health
(vi) a body which:
(a) represents those who, in relation to any such area, are responsible for, or interested in
matters relating to the protection of children from harm, and
(b) is recognised by the licensing authority for that area for the purposes of this section as
being competent to advise it on such matters
(vii) any licensing authority (other than the relevant licensing authority) in whose area part of
the premises is situated
(viii) in relation to a vessel:
(a) a navigation authority (within the meaning of section 221(1) of the Water Resources Act
1991 (c.57)) having functions in relation to the waters where the vessel is usually moored or
berthed or any waters where it is or is proposed to be, navigated at a time when it is used for
licensable activities
(b) the Environment Agency
(c) the British waterways Board, or
(d) the Secretary of State

                                                 25
(e) a person prescribed for the purpose of this subsection

Temporary Event

Is defined as the use of premises for one or more of the licensable activities during a period
not exceeding 96 hours usually where a premises licence covering the licensable activity is
not in place.


Provision of Late Night Refreshment

Is defined as the provision of hot food or hot drink to members of the public, or a section of
the public on or from any premises, whether for consumption on or off the premises between
11 pm and 5 am or at any time between those hours when members of the public, or a
section of the public, are admitted to any premises, a person supplies, or holds himself willing
to supply, hot food or hot drink to any persons, or to persons of a particular description, on or
from those premises, whether for consumption on or off the premises.

Hot food or hot drink

Means food or drink supplied on or from any premises is “hot” for the purposes of Schedule 2
to the Act if the food or drink, or any part of it:
(i) before it is supplied, is heated on the premises or elsewhere for the purpose of enabling it
to be consumed at a temperature above the ambient air temperature and, at the time of
supply, is above that temperature,
or
(ii) after it is supplied, may be heated on the premises for the purpose of enabling it to be
consumed at a temperature above the ambient air temperature.




                                              26
                                       APPENDIX 2

                            Memorandum Of Understanding

The Council will expect that where requested, certain applicants to be Designated Premises
Supervisors, will sign a copy of the following document. This will usually be requested in
relation to premises located in the built up areas that make up Frome, Shepton Mallet, Street,
Glastonbury and Wells. Applicants that are unwilling to sign this document or fail to comply
with its requirements may be viewed as undermining licensing objectives, and this will be
looked upon unfavorably.

Applicants for certain other licences, certificates and notifications may also be requested to
sign up to a similar document, to further the aims of the licensing objectives.

PREMISES: Name of Premises

Having applied to be the Designated Premises Supervisor for the above premises, I
understand that the following is expected of me:

1. That I have read and understood the conditions of the relevant premises licence.
2. To regularly attend Pubwatch meetings and to co-operate with other Pubwatch members
in not allowing banned people from visiting my premise.
3. To ensure that only appropriately licensed door supervisors are employed and that they
display their badges at all times whilst on duty.
4. That I will compile and produce an appropriate risk assessment covering the risk of
violence to customers and staff on my premises in accordance with my duties under the
Health and Safety at Work Act 1974.
5. That I will ensure all bar-staff are aware of the need to prevent drunken and disorderly
behaviour on the premises.
6. That I will ensure that appropriate procedures are in place to ensure that under age
drinking does not occur in the premise.
7. That I will strive to foster and maintain an open and reasonable relationship with my
neighbours. To this end I will record any complaints that are made directly to me by these
persons, and the subsequent actions that I take (if any- where no action is taken the reasons
for this will be provided).
8. That I will co-operate with the Council and other organisations as far as practicable and
with the resources available to me in reducing the impact that crime, nuisance and anti-social
behaviour caused by customers either travelling to or leaving my premises may have on the
local community.

                                DATED           SIGNATURE             FULL NAME
Licencee/Manager
Assistant Manager
Area Manager
Council Licensing Officer
Police Licensing Officer



                                              27
                                    APPENDIX 3
                               Relevant Contact Details
MENDIP DISTRICT COUNCIL

Including Licensing Service, Public Safety, Environmental Protection, Development Control
Building Control ,Crime and Community Safety and Tourism:-

Mendip District Council
Cannards Grave Road
SHEPTON MALLET
Somerset
BA4 5BT
Telephone: 01749 648999
Website: www.mendip.gov.uk
Email: customerservices@mendip.gov.uk

Somerset Drug Action Team

Amanda Payne
Joint Community Team
Social Services
County Hall
TAUNTON
Somerset TA1 4DY
Tel: 01823 356 735
Email: apayne@somerset.gov.uk

Custodian of the Child Protection Register

Tony May
Children and Family’s Dept.
Social Services
County Hall
TAUNTON
TA1 4DY
Tel: 01823 355 900

Federation of Licensed Victuallers Associations

 FLVA
126/128 Bradford Road
Brighouse
West Yorkshire
HD6 4AU
Tel: 01484 710534
www.flva.co.uk

                                             28
Federation of Small Business

David Perry
Milton House
Pylle Road
Pilton
GLASTONBURY
Somerset, BA4 4BR
Tel: 01749 899218

Mendip Housing - Leaders for Tenancy Housing Services

Lynda McLaughlan and Liz Goulden
Kilver Court
Kilver Street
Shepton Mallet
Somerset
BA4 5NF

British Institute for Innkeeping

British Institute of Innkeeping
Wessex House
80 Park Street
Camberley
Surrey
GU15 3PT
Tel: 01276-684449
Fax: 01276-23045
E-mail: reception@bii.org

Mendip Primary Care Trust (PCT)

Dr Elaine Farmley CCDC
Somerset Health Authority
Wellspring Road
TAUNTON
Somerset
TA2 7PQ

First Buses

Mr Alan Willoughby, General Manager (West)
Oldmixon Crescent
Weston-Super-Mare
North Somerset
BS24 9AY



                                         29
Avon and Somerset Constabulary – Licensing Bureau

Licensing Bureau
2nd Floor Bridewell Police Station
Bridewell Street
BRISTOL
BS1 2QH

Somerset Fire and Rescue

D.O. Gary Ferrand
Fire Brigade Headquarters
Hestercombe House
Cheddon Fitzpaine
Taunton
TA2 8LQ




                                        30
                                        APPENDIX 4

                       RELEVANT WEBLINKS AND DOCUMENTS

Department of Culture Media and Sport

www.culture.gov.uk

Her Majesty’s Stationary Office

www.hmso.gov.uk

Home Office Alcohol & Crime Research Page

http://www.homeoffice.gov.uk/rds/alcohol1.html

Home Office Guidance for Local Agencies

http://homeoffice.gov.uk/rds/dprpubs1.html

British Institute of Innkeeping (BII)

www.bii.org.uk

Safety Guidance for Street Arts, Carnival Processions and Large Scale Performances,
published by Independent Street Arts Network

www.streetartsnetwork.org/pages/publications

Home Office Race Relations Guidance

www.raceimpact.homeoffice.gov.uk

Disability Rights Commission

www.dre-gb.org


Alcohol Harm Reduction Strategy

www.strategy.gov.uk


Home Office’s Updated Drug Strategy and ‘Safer Clubbing’

www.drugs.gov.uk




                                             31
Alcohol and Crime: Taking stock’ by Anne Deehan, Home Office Crime Reduction
Research Series Paper 3

www.crimereduction.gov.uk/drugsalcohol8.htm

Together; Tackling Anti-Social Behaviour Actionline

www.together.gov.uk

PM’s Strategy Unit’s Interim Paper Regarding Alcohol Related Harm

http://www.number10.gov.uk/output/page4498.asp

Cabinet Office ‘Code of Practice on Consultation’

www.cabinet-office.gov.uk/regulation/code.htm




                                           32
                                    APPENDIX 5
                                  List of Consultees
Avon and Somerset Constabulary
Somerset Fire and Rescue
West Country Ambulance Service
Bath, Mendip and Wansdyke Magistrates Court
Mendip Primary Care Trust
Dorset and Somerset Health Protection Unit
Persons likely to hold premises licences (including current Public Entertainment/ Cinema/
Theatre Licence holders, late night take away and restaurant businesses, current on and off
justices licence holders);
Persons likely to hold club premises certificates;
Persons likely to hold personal licences;
Persons representative of businesses and residents of the area
Mendip District Council – Planning, Building Control, Community Safety Partnership, Public
Safety, Environmental Protection, Legal Services, Street and Landscape Services.
All Mendip’s City, Town and Parish Councils
All Mendip Ward Members
Glastonbury Festivals Ltd.
The Royal Bath and West Showground Society
Mendip’s Pubwatch and Clubwatch Groups
First Bus
Mendip Taxi Liaison Group
Somerset County Council – Trading Standards, Social Services, Emergency Planning
Local and National Licensing Solicitors
Licensed Victuallers Association
British Inn Keeper’s Institute
British Entertainment and Dance Association
Equity
Constalation Europe
Mendip Chambers of Commerce




                                           33
                                             APPENDIX 6

                           Table Of Delegations Of Licensing Functions

     The Council has followed the Statutory Guidance in relation to this matter. Many of these
     functions will be purely administrative in nature. This Policy reflects this point, by underlining
     the principle of delegation, in the interests of speed, efficiency and cost effectiveness

     MATTER TO BE DEALT                  FULL             SUB-COMMITTEE            OFFICERS
                WITH                     COMMITTEE

Application for personal licence                          If a police objection    If no objection

Application for personal licence, with                    All cases
unspent convictions

Application for premises licence/club                     If a relevant            If no relevant
premises certificate                                      representation           representation

Application for provisional statement                     If a relevant            If no relevant
                                                          representation           representation

Application to vary premises                              If a representation      If no
licence/club registration certificate                                              representation

Application to vary designated                            If a police objection    All other cases
premises supervisor

Request to be removed as                                                           All cases
designated premises supervisor

Application for transfer of premises                      If a police objection    All other cases
licence

Application for Interim Authorities                       If a police objection    All other cases

Application to review premises                            All cases
licence/club premises registration

Decision on whether a complaint is                                                 All cases
irrelevant, frivolous, vexatious, etc

Decision to object when local                             All cases
authority is a consultee and not the
relevant authority considering the
application

Determination of a police objection                       All cases
to a temporary event notice




                                                    34
                                          APPENDIX 7




Draft Statement of Licensing Policy

Form for commenting on the policies and proposals contained within the
Draft Statement of Licensing Policy
Guidance notes

The Council would like to know what you think about Mendip’s Draft Statement of Licensing Policy. All
representations to the Council, either supporting or objecting to the Policy must be made in writing on
the attached form or by email in the same format. This form is designed to accurately record your
representations and keep you fully informed. Each representation must relate to a specific policy or
proposal or paragraph and should be explained as fully as possible. Also, please be aware that
anonymous responses will be disregarded.

Please complete all sections of the form as clearly as possible. If you are completing the form by hand,
please use black or dark blue ink and print in block capitals. You may photocopy the form or can obtain
more forms from the Council Offices or by telephoning the Council on 01749 341360. If you would like
to speak to someone about how to fill in the form, you can telephone the same telephone
number.

Completed forms should be returned to the Council and marked for the attention of Mr Jason Kirkwood,
Licensing Service, Mendip District Council, Cannards Grave Road, Shepton Mallet, Somerset BA4
5BT. Forms can also be downloaded from the Council’s website, and submitted by email to
waltono@mendip.gov.uk. All comments will be acknowledged in writing by the Council within 14 days.
If you do not receive an acknowledgement in this time please telephone 01749 341360.

The Council must receive completed forms by 11.00am on Tuesday 9 November 2004, at the
very latest. Comments received after that date will not have been duly made and will not be
considered by the Council.

The Council will consider all comments received and aim to publish the final version of the
Statement of Policy by 7 January 2005.

The Council has paid due regard to the Cabinet Office Code of Practice on Consultation for this
process. However, it is felt that due to the constraints provided by the passage of the legislation,
including associated regulations, the Council will limit its consultation period to 7 weeks.




                                                  35
                                              For Office use:
                                              Date recd.
                                              Date inputted
                                              Respondent ref.




Mendip Licensing Services Unit
Policy Consultation

Form for supporting / objecting to the policies and proposals contained
within the Draft Statement of Licensing Policy

Please refer to the attached explanatory notes when completing this form.
Complete a separate form for each policy / proposal that you are commenting on.

Section 1: Supporter / Objector Details
Name
Organization
Address
Postcode                               Telephone:
Fax:                                   Email:
Signature:                             Date:



If you are completing the form for someone else, please complete section
2, otherwise go to section 3.

Section 2: Agent’s Details (if applicable)
Name
Organization
Address
Postcode                               Telephone:
Fax:                                   Email:

Section 3: Nature of Interest (please tick)
Resident              □ Local Business            □ Other                 □
Local community group □ Govt / other Agency       □ Other Local Authority □
Solicitor             □ National Business         □




                                       36
                                                        For Office Use:
                                                        Representation ref.
                                                        Page
                                                        Paragraph ref.
                                                        Subject ref.




Section 4: Which Policy / Proposal are you commenting on?
Page No.
Paragraph
Subject



Section 5: Nature of representation – are you: (please tick)
Objecting?                        □ Supporting?                                     □


Section 6: Please state fully and clearly the reasons you are objecting to, or
supporting, the policy/proposal, using a continuation sheet if necessary




Section 7: If objecting to a policy/proposal, please indicate what change you are
seeking which could resolve your objection. Use a continuation sheet if
necessary




Section 8: Other information                                         (delete as
                                                                     appropriate)
If you have objected to a policy or proposal would you be willing to YES / NO
discuss your objection further with the Council in an attempt to
resolve the matter

If others have objected to the same policy or proposal, would you   YES / NO
be prepared to jointly discuss your representation with the other
objectors in an attempt to resolve matters

Total number of sheets attached to this form




                                               37
Continuation Sheet




                     38

				
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