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Proposal for Obtaining Retail Premises by xnb21465

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									                 Licensing Consultation Document


Organisation     Comments                                                       Answers to Comments                                    Response

1. Norfolk       1. Temporary Event Notices:                                    1. Policy is silent on this issue, Act is silent on this No action considered
Association of   please allow organisation to apply for TENS up to a year       issue, as is guidance. Full details would be needed      necessary.
Village Halls    in advance, so that voluntary organisations have the           for these TENs in order for LA to grant them so far
                 security of knowing their events have a TEN in place           ahead. May result in overall fees being paid to be very
                 when making preliminary arrangements and booking a             much less.
                 hall.
                 2. Licensing policies need to require people applying for      2. Requiring written consent of premises owner is      No action considered
                 TENs to have written consent of the premises owner             laudable but against the principle of "light touch".   necessary at this
                 first. (This is something VHs need in order to control         Suggest refuse. Fees need to be resolved by Regs.      time.
                 who can use the 12 TENs available for their premises,
                 but would help control Raves too). It appears that
                 "people with a property interest" may apply to be notified
                 of any change in the register of TENs but this is not
                 enough protection against the possibility of someone
                 applying for a TEN for a party and refusing to withdraw it,
                 thus jeopardising fundraising events planned for later in
                 the year. There will be a fee for notification of changes
                 to the register and it would be helpful if village halls can
                 be exempt from the fee, or pay a reduced fee.




                                                                            Page 1
3. It would be useful if we had a district policy that         3. Where Policy may conflict with law at a later stage, No change.
private events such as birthday parties, wedding               the best option is not to introduce a policy on this point
receptions etc held in village, community and church           at the outset and incorporate any changes into a
halls will not be treated as entertainments simply             policy review.
because a hire charge has been paid for use of the hall.
Many halls have a Public Entertainment Licence already
but those which do not now have to obtain a Premises
Licence, with the attendant costs of installing emergency
lighting systems etc, or TENs would have to be used.
(The Guidance is not clear on this point and DCMS have
so far given no answer to the question, which indicates
this could be a grey area in that halls could be treated as
"entertainment facilities" simply because a hire charge is
paid. We wish to avoid halls facing litigation simply
because the Act is not tested).

4. The Guidance indicates that premises inspections for 4. This is a Fire Advisory matter and links to changes No change.
fire safety may not be carried out routinely in future.      in fire legislation. Not possible to specify in policy.
Although a "lighter touch" for low risk premises such as
village halls would be welcome, village hall committees
also benefit from the inspections because they give
"peace of mind" that health and safety considerations are
in order. For example, volunteers need to be told what
their safe capacity limits are, or given guidance to work it
out themselves. It would be helpful if the policy were to
continue to provide free inspections for community
premises.




                                                              Page 2
5. Where a village hall has a Designated Premises             5. The guidance allows for DPS not to be present at      No change.
Supervisor for alcohol sale they are unlikely to be on the    all times when sales are made. Paragraph 7.67
premises at every sale, because they could be either the      (guidance refers).
local publican or a named volunteer who happens to be
on holiday. It would be pointless asking for this person in
the event of trouble and we would like assurance that a
volunteer DPS not present would not be pursued in the
event of disorder - otherwise it could be difficult to find
volunteers to perform this role. We need a light touch
here.
6. Applications for premises licences from community          6. Each application will be considered on its merits,    No change
buildings are likely to cover 9.00am to midnight but this     but it is not envisaged that events have to take place   considered
does not mean they will be used continuously for              for the entire duration of the licence.                  necessary.
entertainment during this period, just that they need to be
available for hire during these times. We hope Districts
will therefore consider such applications appropriately
and apply a "light touch" compared to, say, nightclubs.

7. Will village halls which have part of the premises      7. Each application will need to be considered on its       No change
used by a Social Club be treated as one set of premises    merits, but each application will need to specify the       considered
or two? This is important because of the limit of 12       'operating area' as part of the operating schedule.         necessary.
TENs.                                                      This may well permit social clubs to be regarded as
                                                           separate premises.
8. The limit of 1 TENs and 15 days is too low for well     8. This is not a policy issue and requires a change in      No action required.
used village halls and community centres, because it has the law.
to cover plays with interval bars which can run for 2 or 3
days each as well as fundraising events and private
hirings and includes events with bars run by publicans.
We need local authority support for the Secretary of
State to increase the limit for community premises to,
say 24.




                                                          Page 3
2. Norfolk Fire    1. The volume of requests for advice from the Fire           1. The volume of requests is currently unknown, but it No action required.
Service            Service which may be anticipated and if so over what         is hoped that for the Broadland area, many will go
                   time scale this could be expected.                           forward unchanged and in consequence no
                                                                                consultation will be necessary. Where the applicant
                                                                                applies for a 'variation' it is anticipated that this will be
                                                                                the same time as their main application for their
                                                                                'interim' licence. This process will commence in
                                                                                February 2005.
                   2. Whether such advice will be required in writing and       2. The advice will need to be in writing, or electronic       No action required.
                   whether you will seek for this to be the consequence of      format but it is not anticipated that a new inspection
                   an inspection by a Fire Officer.                             will be needed for each premises if the entertainment
                                                                                area remains the same.
                   3. The time scale requirements of the applicant to seek      3. The applicant must deposit the application with you No action required.
                   advice from us against the date of licence application.      the same day as he/she applies to the Council. If
                                                                                there is no dispute, the application has to be
                                                                                determined within 10 working days and 20 days where
                                                                                there is a dispute, as the regulations currently stand.


3. East Area HQ,   1. The document begs the question, who will enforce all      1. Proposals to deal with this issue have yet to be         Protocol to be worked
Great Yarmouth     the controls and conditions imposed on the licences?         worked up, but it is anticipated that for Broadland this    up. No amendment
Police Station     Accordingly, protocols need to be established with the       will be a relatively low key operation as far as liquor     to policy required.
                   Police in respect of the monitoring of premises and          licensing is concerned, which will probably end up
                   enforcement. Clear guidelines will need to be                being complaint driven. It is our intention, along with
                   determined. Care must be taken to ensure that any            all the other Norfolk authorities, to work up a protocol
                   protocol developed with Police represents a response to      on premises monitoring, including raves and other
                   the majority of the non-problematical licensed premises,     similar non-licensed events.
                   rather than to the problematical minority.

                   2. How will statutory agencies access the District           2. Currently, it is the intention information can be   No action required.
                   Council's records on licensed premises? District             shared by an email, it being in everyone's interest if
                   Council's are obliged to keep both written and               intelligence gathered is shared by all who need to use
                   electronically recorded registers available for public       it. How exactly this will be achieved has yet to be
                   scrutiny. Will the Constabulary be able to feed into that    worked out.
                   database in order to obtain information as well as impart
                   information, if necessary?




                                                                               Page 4
4. Central Area   1. Where your authority covers a variety of different         1. Broadland has mainly rural with urban areas on the No action required.
Headquarters,     types of area (eg urban/suburban/rural) it would be           fringes of the city.
Norfolk           helpful to consider each question against those area
Constabulary      types.
                  2. (a) To what extent would you consider that you already     2. (a) Minimal. Most people will go into the City. Not   No action required.
                  have an evening/night-time economy?                           hugely significant.
                  (b) How would you describe it?                                (b) Most night time activity centres around pubs /
                  (c) Who participates in it?                                   restaurants etc in the market towns and villages.
                  (d) What are the benefits and problems that it brings?        (c) Adults and young people.
                                                                                (d) Not really monitored by this section, however the
                                                                                benefits to the local economy will be obvious through
                                                                                customers frequenting local public houses and
                                                                                restaurants. Occasional anti social behaviour will
                                                                                occur following over indulgence of alcohol.

                  3. Have you made any attempts to (further) develop an         3. Not specifically. All businesses are offered support, No action required.
                  evening/night-time economy?                                   regardless of whether they are mainly connected with
                  (a) If so: what have the drivers for this been? Where         the night time economy.
                  have you got to?                                              (a) N/A
                  (b) If not: Are there any other drivers which are changing    (b) Increasing population with new housing.
                  the size or shape of the evening or night-time economy
                  in your area?
                  4. Have you considered what the impacts of the abolition      4. No specific studies have been completed. However, No action required at
                  of permitted hours in the Licensing Act will be for you?      the issue will be taken into account during the review this time.
                                                                                of the appropriate Council strategies.

                  5. What impact do you think the Act will have on existing     5 & 6. There is currently no discernable existing night No action required at
                  night-time economy in particular in terms of volume (how      time economy within the District. However, this will be this time.
                  many people?), length (are premises likely to be open         kept under review to ascertain any significant trading
                  later? How much? When?) and breadth (will it enable or        changes taking place arising as a result of the new
                  encourage a wider range of activities aimed at a wider        legislation.
                  range of people?)?
                  6. Have you considered the likely impacts on
                  disorder/anti-social behaviour?




                                                                               Page 5
Ref para 1.5. While it might be policy not to actively seek       Paragraph 1.5 We believe zoning and consideration No action required at
to introduce 'zones' where specific activities are                of such an idea to be currently irrelevant to Broadland. this time.
concentrated we believe there is no barrier to
recognising how previous planning decisions have
already created such areas. If this is recognised it might
be advisable to formally state so in your policy.
Ref para 1.6. We understand the concept behind                    Paragraph 1.6 It is clearly the Government’s wish to No action required at
permitting retail premises to sell alcohol during the hours       deregulate the concept of normal opening hours. It is this time.
they are normally open for trade. We urge a proactive             understood that any premises which proposes to vary
approach to this anticipating many operators will choose          its current licence, has to take account of the licensing
to vary their opening hours without regard to the                 objectives in its revised operating schedule.
licensing objectives. In Norwich we have assessed the
current economic environment in which retail premises
are operating. This has allowed us to gauge the likely
effect of any variations which would extend opening
hours and prepare a response.

Ref para 1.8 It is clearly within the spirit of the Act to view   Paragraph 1.8 This seems to be a legal precedent     No action considered
extended opening hours as a means of encouraging a                and to incorporate it into the policy seems to be    necessary.
diverse evening economy. We are mindful of the                    unnecessary. The point here is whether this
National Alcohol Harm Reduction Strategy and                      precedent will apply to the Licensing Act 2003.
recommend a policy of discouraging any application
based mainly or exclusively on sale of alcohol. We also
cite a recent Appeal Court ruling (obviously under the
present regime) against JD Wetherspoons premises
'Lloyds No. 1' in Norwich where the Judge ruled
extending licensing hours necessitates the provision of
substantial food and/or music and dancing to which the
sale of alcohol is ancillary. This was reinforced by the
ruling that the premises must provide something different
from other like venues to be regarded as suitable for the
later licence.




                                                              Page 6
Ref para 3.4. We are of the opinion relevant authorities     Paragraphs 3.4/3.5 This is clearly a difficult area and No action considered
should be cautious before writing a policy which states      from experience in Thorpe Marriott, it is very difficult to necessary.
how and when anti-social behaviour is beyond the direct      clearly link alcohol induced community activity to a
control of the licensee of any premises. How will this be    public house, as opposed to a local shop which has
decided? None of the authorities are presently effective     an off-licence. The Council is mindful of Section 17 of
at linking anti-social behaviour to licensed premises. A     the Crime and Disorder Act and that the review
brief study of the appendix to our licensing policy shows    powers of an existing licence do allow licence holders
without doubt that volume violent crime is attributable to   to be ‘called in’ where representations are made. This
closing times of licensed premises in Norwich. We have       seems to be a better mechanism to bring licensees to
no doubt that lower level anti-social behaviour is equally   task.
linked. This cumulative impact could equally apply to
mixed economy or even mainly residential areas. This is
mentioned in a different context in your document at para
4.6.

Ref para 3.5. While we appreciate there are a number of See paragraph 3.4.                                         No action considered
other mechanisms apart from the licensing function to                                                              necessary at this
address issues of unruly behaviour we reiterate there is                                                           time.
frequently a link to licensed premises we are currently
not well equipped to assess. We would prefer the
approach to be such that the policy will attempt to
analyse the cause of anti-social behaviour and use the
policy to take licensing action where this can be shown
to be part of the problem. Otherwise there is no need to
include this paragraph - if unruly behaviour occurring
away from licensed premises is not attributable to the
venue there is no issue. We accept there is a clear role
for the police in law enforcement but see the licensing
function as a relevant feature in our partnership working
towards the licensing objective of reducing crime and
disorder. In this respect we urge you to consider
carefully your statutory duty under Section 17 of the
Crime and Disorder Act.




                                                         Page 7
Ref para 4.3. Perhaps this paragraph could be amended Paragraph 4.3 This is only a recommendation, it                   No action.
to cater for situations where applicants either fail to seek seems unlikely it can be made any more compulsory
advice or fail to take it when offered by the police.        than it is now.

Ref para 4.7. We feel strongly there is a need for a         Paragraphs 4.7/9.5 This is not understood. The             No action.
joined up approach linking planning and the licensing        guidance is very clear that Planning and Licensing
function. We fear the consequences of 'letting things        should be seen to be separate functions. The point
happen' and then attempting a response from a single         regarding exits, Health and Safety, etc is well made,
agency or department within a local authority. For           but is already addressed by the Council’s policy of
example, should a venue choose to expand so as to            consulting in all areas as new planning applications
attract more customers this will concern the Licensing       are submitted.
Authority but also Health & Safety regarding the
functionality of exits and the capacity of the street
environment when there are queues or an evacuation
and Environmental Health for obvious reasons. Such an
extended use will almost inevitably commence with an
application through the Planning Department.

Ref paras 4.8&4.9. It is within the spirit of the Guidance Paragraph 4.8/4.9 Weighting the policy in favour of          No action considered
that the objectors to a particular application must provide the objectors is likely to be fraught with difficulty and   necessary.
evidence to back up any assertion. As stated we already could lead the Council into expensive litigation.
know it is difficult to gather evidence to a standard which
will hold up to scrutiny of a legal counsel. This will be
even worse when the objector is asked for evidence of
what they predict will happen should an application go
through. We appreciate this is difficult to cater for in a
written policy although perhaps consideration could be
given to some sort of 'weighting' to the licensing
objectives dependent upon the case at issue. For
example, applications for extended business in mainly
residential areas might be considered with priority
towards the 'prevention of public nuisance'.




                                                            Page 8
Ref para 8.2. Please refer to the earlier comments that  Paragraph 8.2 This is currently not a problem in            No action required at
previous planning decisions have already impacted on     Broadland.                                                  this time.
the night-time environment. There is already a fixed
pattern of movement across boundaries at fixed times.
At the moment we believe these are regulated at least to
some extent and this allows a targeted approach to
policing of the evening economy. We therefore urge you
to consider this paragraph carefully.

Ref para 8.4. We understand how the Local Authority will Paragraph 8.4 The comments are noted, but given             No action.
consider imposing stricter conditions in respect of noise the Council's legal remit it is difficult to address and
control in respect of premises situated in mainly         anticipate other anti-social behaviour.
residential areas. Perhaps this paragraph could be
amended to include consideration of other types of anti-
social behaviour associated with late night drinking?

Ref para 9.3. It would be useful to know how the Council Paragraph 9.3 A protocol for the operation of this          In preparation.
intends to develop protocols with the Constabulary to      policy will be developed if this is subsequently
enable them to respond to the Committee responsible for discerned as a problem within the District.
transport matters on the need for swift and safe dispersal
of people from town centres.

Ref para 9.5. Please refer to the above comments in         See paragraph 4.7 comments.
respect of para 4.7.
Ref para 11.1. Again it would be useful to know what        Paragraph 11.1 Proposals to enforce this policy and      No action at this time.
arrangements are in hand for the Council to monitor         monitor premises have yet to be worked up.
premises and take appropriate enforcement action.
Ref paras 11.2&11.3. We strongly agree with these           Paragraphs 11.2/11.3 No comments.
principles. You will see they are written into our own
policy document.




                                                           Page 9
5. Community        1. Has consideration been given to the extent of your         1. Regarding points 1 – 3, for Broadland the effect on    No action this time.
Safety Department   night time economy, bearing in mind the very differing        the night time economy will be comparatively minor.
                    and diverse areas that your council covers.                   As far as enforcement is concerned, the Council
                                                                                  awaits the setting of the fees, which in time will fund
                                                                                  any enforcement work and the level of complaints.
                                                                                  This may give rise to an increase in ASBOs but it is
                                                                                  impossible to say how and what way at this stage.

                    2. Have you considered what the impact of the abolition 2. Not at this stage - impact likely to be minimal.             No action this time.
                    of permitted hours will mean for you.
                    3. Have you considered any impact the change will have 3. Not at this stage - impact likely to be minimal.              No action this time.
                    on the night time economy in respect of volume of
                    people, length of opening times, will it encourage a wider
                    range of activities aimed at a wider range of people and
                    any impacts on disorder/anti-social behaviour.

                    4. Ref para 1.5. While it might not be policy to actively  Paragraph 1.5 Zoning and consideration of such an            No action this time.
                    seek to introduce zones, where specific activities are     idea is currently irrelevant to Broadland.
                    concentrated, we believe there is no barrier to
                    recognising how previous planning decisions have
                    already created such areas. If this is recognised, then it
                    may be advisable to formally state so in your policy.

                    5. Ref para 1.6. We understand the concept behind             Paragraph 1.6 It is clearly the Government’s wish to No action this time.
                    permitting retail premises to sell alcohol during the hours   deregulate the concept of normal opening hours. It is
                    that they are normally open for trade. We urge a              understood that any premises which proposes to vary
                    proactive approach to this anticipating that many             its current licence, has to take account of the licensing
                    operators will choose to vary their opening hours without     objectives in its revised operating schedule.
                    regard to the Licensing Objectives, for example more
                    retail premises being open for off-sales.




                                                                              Page 10
6. Ref para 3.4. We are of the opinion that relevant          Paragraphs 3.4/3.5 This is clearly a difficult area and No action considered
authorities should exercise caution before writing a policy   from experience in Thorpe Marriott, it is very difficult to necessary.
which states how and when anti-social behaviour is            clearly link alcohol induced community activity to a
beyond the direct control of the licensee of any premises.    public house, as opposed to a local shop which has
At present there is no real way of linking anti-social        an off-licence. The Council is aware of Section 17 of
behaviour to licensed premises. It is an irrefutable fact     the Crime and Disorder Act but existing licence
that volume violent crime is linked to closing times of       holders can have their licence reviewed when
premises and there is no reason to believe that anti-         representations are made. This is clearly a better
social behaviour is any less linked. This is also             mechanism to bring licensees to task.
mentioned in a different context at para 4.6 in your
document.
7. With ref to para 3.5, whilst we accept that there are a    See paragraph 3.4.                                    No action.
number of other mechanisms apart from the licensing
function to address issues of unruly behaviour, we
reiterate that there is frequently a link to licensed
premises which is not assessable at the moment. We
would prefer the approach to be that we will analyse the
cause of anti-social behaviour and use the policy to take
licensing action where this can be shown to be part of
the problem. We accept that there is a clear role for the
Police in law enforcement but see the licensing function
as a relevant feature in our partnership working towards
the licensing objective of reducing crime and disorder.

8. Ref para 4.6. It is felt that a joined up approach to      Paragraph 4.6 This is not understood. The guidance No action.
planning and licensing is desirable. For example, should      is very clear that Planning and Licensing should be
a premises request permission to expand (eg a night           seen to be separate functions. The point made
club) this will concern the Licensing Authority, but also     regarding exits, Health and Safety, etc is well
the Health and Safety Department re exits etc and the         understood, but is already addressed by the Council’s
capacity of the street environment where there are            policy of consulting in all areas as new planning
queues or an evacuation and also Environmental Health.        applications are submitted.
Such an application for an extension of use will inevitably
commence with an application to the Planning
Department.




                                                          Page 11
                      9. Ref para 8.4. This is understood, but perhaps this          Paragraph 8.4 The comments are noted, but given            No action.
                      paragraph could be amended to include consideration of         the Council's legal remit it is difficult to address and
                      other types of anti-social behaviour associated with the       anticipate other anti-social behaviour.
                      Night Time Economy.
                      10. Ref para 11.1. It would be useful to know what             Paragraph 11.1 Proposals to enforce this policy and        No action this time.
                      arrangements will be in hand for the Council to monitor        monitor premises have yet to be worked up.
                      premises and take appropriate enforcement action.


6. Arts Council       Request that all LA seek premises licence for public           The Council will consider favourably any applications      No action this time.
                      spaces, such as streets and fields, to promote music,          for public spaces, which with very few exceptions are
                      theatre, street art and cruises.                               not in District Council ownership.

7. CIU Working        Suggest that all Clubs and secretaries be advised of           Already done.
Mens Club and         policy.
Institute Union Ltd

8. Musicians Union Pleased to note commitment to live music within policy.           No action/change required.


9. Jazz Services      Pleased to note commitment to live music within policy         No action/change required.


10. Victim Support    Request that all applications which may improve VSN            New licences will be issued with fixed extended hours No action considered
Norfolk               responses to victims and witnesses be forwarded to             and special licences will be a thing of the past.     necessary.
                      them, especially if they relate to extended licensing for a    Temporary Event Notices can only be objected to by
                      specific purpose.                                              Police.

11. Cllr Andrew       1. The introduction could usefully include a bit more in       1. The Policy is intended to be a generic document for No change
Proctor               the way of general information about the area and the          all the Norfolk Districts and as such it was felt      considered
                      types of premises the area includes. In some respects          inappropriate to include specific detail regarding     necessary.
                      this helps promote the culture of the district and the         district make-up.
                      leisure tourism links.




                                                                                    Page 12
2. Another aspect of the introduction could be a brief      2. Although considered, it was not felt necessary to       No action considered
paragraph saying what is happening and the                  the Policy.                                                necessary.
consolidation of licensing law leading to the change in
the body granting particular types of licences in the
future. Even something about deregulation might be
worth including (although the press release on 23 March
on the DCMS website seemed to favour better
regulation).
3. In 2.4 should there also be a reference to secondary     3. To be added in.                                         To add.
legislation?
4. In 2.5 the consultee section could be expanded to say    4. To be added in.                                         To add.
representatives of "current" licence holders and specify
them (para 3.7 of the recent Section 182 guidance).

5. Para 3.5 of the recent Section 182 guidance refers to 5. It is considered that the existing list of consultees is   No action considered
other bodies that the council can consult with. It may be already very long and to add it to the Policy will add       necessary.
worth adding some (or all) of them in.                     length but little value. However the list of consultees
                                                           will be held.
6. Given the requirement to let Area Child Protection      6. Yes.
Committees have copies of licence applications (re the
protection of children from harm objective) will they (or
Social Services) be a consultee?
7. a) In para 4.3 second line delete the word "in" before 7. a)To be done. b) To be done. c) To be done.               To change.
"account". b)Para 4.4 last line should be "reasonably"
instead of reasonable. c)Para 8.6 add the word "area"
before "made" in the second line. (They would be picked
up on proof reading).
8. There are a number of references to the Model Pool of 8. Not considered appropriate, as each application            No action considered
Conditions. Is it worth including them in the policy or at should be dealt with on an individual basis.                necessary.
least tabling them at the meeting on 29 April?
9. In para 7.2 it needs to be made a little clearer about  9. The point is well made but in the interests of brevity   No action considered
children under 16 needing to be accompanied by an          it was felt that this form of wording is acceptable.        necessary.
adult (section 3.33 of the guidance).




                                                          Page 13
                      10. In para 7.4 are we saying that only certain               10. Please see comments on Page 19                To change.
                      applications get referred to Area Child Protection
                      Committees? This is going to be quite a difficult issue
                      for these committees to be able to deal with and respond
                      to in a meaningful manner.
                      11. In para 8.1 should the word "would" at the end of the     11. No change is considered necessary.            No action.
                      first line be "should" or perhaps "could" - a bit perdantic
                      perhaps(!)
                      12. According to section 3.52 of the Guidance the policy      12. To be added in.                               To add.
                      should recognise racial equality legislation.
                      13. In the table of delegations should items 6 and 7 be       13. To be changed.                                To change.
                      better referred to as Designated Premises Supervisor
                      instead of Designated Personal Licence Holder.


12. Further        1. In 5.1 I suggest a reference is also made to village          1. 5.1 Village Halls to be added in.              To add.
Comments from Cllr halls.
Proctor
                   2. In point 7.4 I suggest Norfolk County Council is              2. To add in Norfolk County Council. Amendments to To change.
                   inserted before Area Child Protection Committee to be            this paragraph will help clarify what exactly is referred
                   consistent with point 7.13. Clearly that committee will not      and what will not.
                   be consulted on every application as 7.4 indicates but
                   will the capacity be there to deal with such consultations
                   in the time period required?
                   3. In point 9.4 I suggest the strategy in the first bullet       3. To be amended along lines suggested.           To change.
                   point has its full name of Broadland Economic
                   Development and Tourism Strategy.
                   4. In the table there are 2 references to "designated            4. To be amended, as itemised previously.         To change (as
                   personal licence holder". I thought the terminology being                                                          above).
                   used was "designated premises supervisor"?




                                                                                Page 14
13. British Institute 1. It is our view that Broadland's policy falls well short of   1. It is felt that this criticism is unwarranted and    No action considered
of Innkeeping         some of the better examples that have been submitted to         unnecessarily harsh. The Policy is not designed as an necessary.
                      us so far. The policy provides high level statements            applicant's guide to the licensing process but is a
                      about the nature of the new licensing regime without, in        concise policy of how authorities in Norfolk as a whole
                      our view, providing any of the detail which would be            intend to apply the Act. Guidance on how the
                      considered useful either for the application process or         application forms will be completed is to be provided
                      indeed for any reader seeking to ascertain the view             at a later date.
                      which the Authority intends to adopt.

                       2. We have found that where licence holders and their          2. The Policy has to reflect to a large extent the          No action considered
                       staff take additional qulaifications it has a beneficial       requirements of the guidance and the law. Whilst            necessary.
                       impact on the way in which premises are operated and in        appreciating that further education of staff is
                       consequence would have a positive impact on the                potentially a way of promoting the objectives, to put a
                       licensing objectives. We do not believe that the control       requirement for further training in the policy, is a step
                       of licensed premises is all about the imposition of            too far. To recommend such training would confuse
                       conditions and restrictions. We feel it is important to        the reader who would not know whether they have to
                       recognise the positive benefits to be gained from those        or not.
                       who invest in proper training for staff members. I draw
                       these matters to your attention as you may consider it
                       appropriate to draw attention to these qualifications and
                       also that the licensing policy should reflect that the
                       Council will take a positive view of those who do invest in
                       such training as one important method of promoting the
                       licensing objectives.




                                                                                  Page 15
                     3. Firstly, Paragraph 3.2 contains the statement             3. The Policy clearly needs to retain the right to       No action considered
                     "conditions are likely to be attached to licences". There    impose conditions but goes onto say that each            necessary.
                     are many premises of all types currently operating           application will be dealt with on its individual merits.
                     throughout the country without any conditions attached to    Representations will have to be heard unless they are
                     their licences. In fact, it is largely only those premises   considered too 'vexatious or frivolous'. Sufficient
                     that operate under licences currently issued by local        safeguards already exist within both the Act and the
                     authorities that have conditions attached to them. We        Guidance to ensure that a proper and balanced
                     believe that an approach which considers conditions to       consideration of each application is made. It is not the
                     be necessary for all or the majority of licences to be       intention to place a raft of conditions on every
                     fundamentally flawed. Secondly, the policy states in         premises that applies which will be subject to review
                     several places that the Council "will consider attaching     anyway, given appropriate and valid representations.
                     conditions" to licences. We would point out that the
                     Council's discretion, and therefore the opportunity to
                     impose conditions, is only engaged following the making
                     of relevant representations. We feel that the policy
                     should ensure that this is clear.


14. Community        1. Section 1.9. "A performance of live music" is entered 1. The double entry will be removed (subject to                To change.
Safety Partnership   twice on the list                                        Committee approval).
(Broadland)
                     2. Section 4.5. Where is the "Model Pool of Conditions       2. The model pool of conditions appear in the              No action considered
                     relating to Crime and Disorder"? I have briefly looked       'guidance' at Annex D. These cannot be reproduced          necessary.
                     through the Index to the Act but couldn't find any           as the Government have made it clear that each
                     reference to it. Shouldn’t this be stated so people can      application will be considered on its individual merits!
                     refer to it?
                     3. Who sits on the "Full Committee" and the "Sub-            3. Who sits on the committee and its subs where            No change to policy
                     Committee"? Is this a multi-agency function? This            most of the decisions will be made has yet to be           considered
                     should also be explained I think.                            decided as is the final number, make up and political      necessary.
                                                                                  shape.




                                                                               Page 16
15. SIA - Via Lacors Door Supervisors - Whenever security operatives are To add?                                                     To add.
                     employed at licensed premises to carry out any security
                     function they must be licensed by the Security Industry
                     Authority (SIA). Competent and professional door
                     supervisors are key to public safety at licensed premises
                     and the provision of door supervisors is an action point
                     for the leisure industry to consider in the Home Office
                     Alcohol Harm Reduction Strategy. If a licensee directly
                     employs security operatives he/she will need to be
                     licensed by the SIA as a supervisor/manger. Local
                     authority licensing officers may look more favourably on
                     licence applications which demonstrate that licensees
                     have considered:                                        -
                     Recruiting SIA licensed door supervision staff from a
                     reputable company with SIA Approved Contractor
                     Status.
                     - The measures that will be taken and procedures that
                     are in place for licensees to check the SIA register of
                     licensed door supervisors to ensure that only SIA
                     licensed staff are employed.
16. British Beer and 1. We feel it would be helpful if it could be made clear    1. The comment given relates to the presumption that To amend wording of
Pub Association      early on in the policy that conditions may only be          conditions will be applied in all cases, which is not the 3.2.
                     imposed by the Licensing Authority where they are           case. Nevertheless, 3.2 states that "conditions are
                     consistent with the contents of the Operating Schedule      likely to be attached". Perhaps this should be
                     or where relevent representation have been received         amended to "conditions may be attached".
                     and after a hearing the Licensing Authority feel that the   5.4, 6.3, 8.4, 9.6 and 10.2 do not need amendment, as
                     conditions are necessary to further one of the licensing    quite clearly the relevant sections only say that the
                     objectives. In the absence of such represaentation an       Council will 'consider' attaching conditions. There is
                     application must be granted in the terms sort. There are    no presumption that they will.
                     various paragraphs in the policy where this needs to be
                     made clear, e.g. paragraphs 3.2, 5.4, 6.3, 8.4, 9.6 and
                     10.2.




                                                                             Page 17
2. The heading to paragraph 10 is "Standard                   2. 10.2 is specific in that it states conditions will be   No change
Conditions". That phrase usually denotes a number of          'considered'.                                              considered
conditions which are to be attached to all premises in all                                                               necessary.
circumstances. Whilst we accept the contents of
paragraph 10 do not seek to impose standard/blanket
conditions it may be better for clarity if the heading were
changed.
3. In paragraph 1.9 you referred to "any playing of           3. The Council is aware of these exemptions, but they No change.
recorded music" being regulated entertainment. We             are in the Act, it felt that to include them in the policy
would advise of the exemption within schedule one to the      was unnecessary.
Licensing Act 2003 in respect of incidental music be
made clear in the policy.
4. In a number of places in the policy reference is made      4. The fact that there is no requirement is understood, No change.
to obtaining advice from relevant agencies before an          but surely would it not be in everyone's interest to get
application for premises licence is submitted. As long as     it right first time around. If the applicant can
that remains as advised to those applicants who are           demonstrate prior consultation this is going to save
unsure as to the contents of an operating schedule we         everybody a great deal of time.
would accept that this remains within the ambit of the
Licensing Act 2003. However there is no requirement
within the act for an applicant to have prior consultation
with relevant agencies and many operators may be in
the position to draft their operating schedules without any
such advice. Therefore prior consultation should not be
regarded as an expectation.




                                                         Page 18
5. At paragraph 7.4 you indicate that consultation will be     5. The wording of 7.4 has been commented upon             To amend wording of
made with the appropriate area child protection                elsewhere and it is recommended that it be changed        7.4 and to add list of
committee on any of the applications that indicates there      to:                                                       responsible
may be concerns over access for children. We feel that         'The Council reserves the right to consult further with   authorities.
any such consultation by the Licensing Authority once an       the Area Child Protection Committee (and any other
application has been received would be ultra vires the         responsible body incidentally) on any application
Licensing Act 2003. An applicant for a premises licence        which intends to provide access to Children, where
is required to serve a copy of the application upon all        this aspect appears not to have been adequately
responsible authorities. This will include the body who is     addressed in the operating schedule.'
recognised by the Licensing Authority as being                 This right to challenge operating schedules is implicit
interested in matters relating to the protection of children   and clearly works to both the Council's and applicant's
from harm. If that body has any concerns that the              advantage. Otherwise the only choice available to the
licensing objectives will not be made then it is open to       Council is to reject which is in no-one's interest. The
them to make relevant representations. It is not for the       point made regarding the need to detail responsible
Licensing Authority to go beyond statutory notices. You        authorities is well made and they will be added.
should include within your policy details of the
responsible authorities you recognise to be competent to
advise on matters relating to the protection of children
from harm.

6. Within paragraph 7.3 you state as an example of             6. As this exemption appears in the Act it is felt        No change.
premises who will raise concern are those where there is       unnecessary to include it in the policy.
a strong element of gambling on the premises. We
would suggest that the exemption excluding AWP
machines which appears in the guidance issued under
section 182 of the Licensing Act 2003 also be included
within your policy.
7. Finally the draft policy refers to the "Council rather      7. Ultimately it is the Council who is the Licensing      No change.
than the Licensing Authority". The policy should be            Authority but if this becomes the subject of a later
consistent to specifically stipulate the other decisions       legal challenge, this will be reviewed. See Policy at
with regard to licensing are those of the Licensing            1.1.
Authority who companies confine to licensing alone. The
role of the "Council" is, of course, much more wide
ranging.




                                                           Page 19
17. CAMRA   1. Promotion of Licensing Objectives                        1. Promotion of Licensing Objectives                      No change.
            1.1 The following factors will impact on the four licensing It is the Council's belief that these matters have been
            objectives and will be taken into consideration:            or will be addressed from the current policy.
            - The designated premises supervisor's ability to control
            and supervise customer behaviour.
            - The number of people attending the premises
            - the customer age profile
            - the nature of promotions
            - the nature of actvities provided
            - any evidence of drug misuse and abuse of alcohol
            - design, character and layout of premises.
            1.2 The design and layout of premises are important in
            the promotion of licensing objectives. The following are
            useful control measures, which could be set out in
            operating schedules:
            - provision of seating
            - retention of room divisions to avoid contagion of any
              disorderly activity
            - use of separate areas in single room pubs to
              avoid contagion of any disorderly activity.




                                                                      Page 20
2. Design, Character and Layout                             2. Design, Character and Layout                   No change.
The design, character and lay out of licensed premises These issues are out with the remit of the Licensing
will influence how easily a premise is able to meet the     Policy.
four licensing objectives.
- Character. Applications that include provision for
amplified music, dance floors, pool tables, amusement
machines indicate a certain character and targt audience
with consequences for the licensing objectives. A small
scale, traditional style, well run community public house
with a mixed or older age customer base is likely to fulfil
the licensing objectives with ease.
- Design. Good aspects of traditional pub design
including room divisions can help attract a more mixed-
age and varied range of customers who are unlikely to
pose any risk to the licensing objectives.
- Layout. The provision of adequate seating and tables
is important in encouraging a mixed-age customer base
and avoiding overcrowding. The absence of seating and
tables may also lead to a faster consumption of alcohol.
The position of toilets and bars is also
important in seeking to avoid congestion that could lead
to frayed tempers.




                                                      Page 21
3. Nature of Promotions                                    3. Nature of Promotions                               Not applicable.
3.1 Irresponsible promotions can impact on all the         Whilst whole-heartedly agreeing with the sentiment of
licensing objectives. Irresponsible promotions are those   the comments, they are management issues and as
that encourage people to drink faster and to drink more,   such outside the remit of the policy.
than they would otherwise do.
3.2 Price discounts are preferable to two for one offers
which can lead to younger drinkers buying two rather
than one drink for themselves at the same time.
3.3 Happy hours should be spread over a reasonable
length of time to avoid a rush to drink as much as
possible.
3.4 Promotions that encourage consumers to purchase
a meal and a drink at the same time are wholly
responsible and offer a good example of best practice.
3.5 Loyalty schemes run over an extended period of
time are an example of good practice. They could be
seen as an alternative to happy hours.
3.6 "Drink as much as you can" promotions are
irresponsible.
The inevitable consequence is to encourage people to
drink to excess, in order to get value for money.




                                                       Page 22
4. Alterations                                              4. Alterations                                         Not applicable.
4.1 Premises should not be altered in any way that          These are 'planning' considerations and as such are
makes it impossible to comply with an existing licence      not allowed to be considered in the policy.
condition, without first applying for a licence variation.
4.2 Applications to remove room divisions and reduce
seating provision should generally be resisted. Room
divisions, and the provision of seating are often
important in the promotion of licensing objectives.
4.3 The layout and design of licensed premises will
determine its customer base. Traditional public houses
are usually small in scale and provide well run, trouble
free environments for civilised drinking, typically with an
older or mixed-age customer base. The conversion of
such premises into modern open plan premises
designed to appeal to a younger customer base is likely
to make compliance with the licensing objectives harder
to achieve.

5. Consumer Consultation                                     5. Consumer Consultation                              Not applicable.
5.1 Customers have a stake in the leisure industry and       As far as possible this has already been done.
should be consulted on draft licensing policies and asked
to contribute to the work of local fora.
6. Hours                                                      6. Hours
6.1 Longer hours along with varied closing times are         6.1 This aspect which is akin to zoning is outside the 6.1 No change.
important to avoid concentrations of customers leaving       scope of Act and specifically prohibited in the
all premises at the same time.                               guidance.
6.2 The Local Authority should not necessarily expect        6.2 External display of granted hours is a matter for  6.2 To add? External
licensed premises to open for all the hours applied for in   possible inclusion in the policy.                      display of granted
their premises licence or certificate. Licensed premises                                                            hours.
should however be required to provide an external
display of granted hours.




                                                        Page 23
7. Licensee Turnover                                            7. Licence Turnover                                     No change
7.1 A high turnover of licensees is often indicative of         This is a management issue and as such outside the      considered
problems and can suggest poorly managed licensed                scope of this policy, but the Council is aware that a   necessary at this
premises. Poorly managed licensed premises will make            rapid number of DPS changes may give rise to a          time.
it harder to fulfil the licensing objectives; so policies       review.
should discourage the rapid turnover of licensees.

8. Planning Permission/Building Control                         8. Planning Permission/Building Control               Not applicable.
8.1 The Local Authority should expect applicants to             This matter should not arise, as building works will
have obtained any planning permission or building               need to be completed, so that an accurate plan can be
control approval that may be needed before any                  prepared, as part of the premises application.
application will be considered.
9. Saturation                                                   9. Saturation                                           No change.
9.1 The licensing system should act independently of            This is currently not going to be an issue for
the planning system and new applications should not be          Broadland.
considered on the basis of need.
9.2 Where the cumulative effect of licensed premises
within an area gives rise to a decision that new licensed
premises are inappropriate, any new applications must
still be considered on their individual merits.
9.3 Nothing in a policy should seek to impose a limit on
the number of licensed premises.
9.4 Small scale, mixed-age traditional style public
houses are unlikely to present any additional risks to the
licensing objectives, as they will not be attractive to large
groups of young people moving from venue to venue.
Indeed, such premises are likely to benefit the licensing
objectives by encouraging the use of city centres by a
wider variety of people.




                                                            Page 24
                   10. Temporary Event Notices                                  10. Temporary Event Notices                            No change.
                   10.1 Legally a Temporary Event Notice must be                The Council agrees, but as it is the law, the policy
                   submitted to the Local Authority only 10 working days        cannot disagree with statute.
                   notice before the proposed event. CAMRA's view is that
                   this period is too short too allow any objections to be
                   dealt with and could lead to event's being cancelled. We
                   therefore believe policies should encourage Temporary
                   Event Notices to be submitted at least 20 working days
                   prior to the event.
18. Soroptimist    1. You have complied a document that is clearly set out      1. The comment is noted but this apparent paradox is No change
International of   and easy to read. My concerns cheifly cover the              simply a repeat of what is in the legislation and the considered
Norwich            changes as they may effect residential areas. Whilst it is   guidance.                                             necessary.
                   recognised in Para 8.4 the effect on noise control in
                   residential areas, as para 1.8 actively encourages the
                   provision of entertainment, might that in itself increase
                   the potential for noise.
                   2. Perhaps another encouragement could be to                 2. Regrettably this is outside the scope of the        No change
                   licensees, to provide a large range of non-alcoholic         Licensing Act and its guidance.                        considered
                   drinks (free or cheap) for "designated drivers". I know                                                             necessary.
                   that this happens in several other countries and it a)
                   might promote a conscientious drink/drive policy, and
                   thus, b) help keep down the noise as there will not be as
                   many taxis turning up, and disputes as to who has
                   ordered them.
19. RSPCA          1. Circuses must be licensed as Regulated                    1. Circuses will be licensed.
                   Entertainments from the viewpoint as a premises and as
                   a temporary event.
                   2. Circuses on all Council land should be banned.            2. The Council has no land which is big enough to
                                                                                stage such an event and so for now, the question is
                                                                                not relevant.




                                                                            Page 25
20. Independent     1. Having looked at the draft, I note two main issues.      1. The policy at 1.8 is clear on this issue, without the   No change.
Street Arts Network Firstly, references to encouraging and promoting            need for specific reference.
                    regulated entertainment only appear in brief. It would be
                    helpful if the policy outlined a general encouragement to
                    a broad range of entertainment. Licensing policies can
                    act as a positive demonstration of commitment to
                    entertainment and should include either a general
                    statement encouraging all forms of entertainment without
                    specifying any examples, or a statement with examples
                    of different forms of regulated entertainment. If the
                    latter, we would like your policy to include references to
                    circus and street arts. While we appreciate that these
                    will be subject to other licensing considerations, it would
                    be helpful if the policy can include a paragraph to this
                    effect.

                       2. Secondly, we would like your policy to include a          2. Most public spaces are not in Broadland Council     No change.
                       statement that recognises the value of open spaces and ownership and accordingly it is felt unnecessary to
                       for your Council to actively seek to licence these areas     include such a statement.
                       for cultural activities, including the more traditional
                       entertainment like circus and street arts. Circus and
                       street arts are important parts of our cultural heritage
                       and they are likely to find it difficult to fit into the new
                       licensing regime. We believe that including a
                       commitment to licensing public spaces in your policy will
                       encourage circus and street arts performers to appear in
                       your community.




                                                                                Page 26
21. BEDA   1. BEDA believes that a capacity figure should appear        1. The maximum capacity figure for a premises is        No change.
           as a mandatory condition on all premises licences where      currently set by the Fire Officer based upon a
           alcohol is being sold for consumption on the premises.       calculated fire escape formula. It is hoped that the
           Without a capacity figure, operators will be unable to       Fire Officer will still be in a position to set these
           demonstrate that they have the policies and procedures       numbers which will also serve to control numbers of
           in place to meet the crime and disorder and public safety    drinkers.
           objectives of the Licensing Act 2003. Capacity has to be
           the starting point when operators are completing their
           operating schedule and setting out the steps they intend
           to take to meet these objectives.
           Increasing numbers of councils and police forces have
           recognised that in some town and city centres there is
           already an over provision of customer drinking spaces.
           A standard capacity condition will prevent rogue
           operators from cramming unsafe numbers of people into
           their premises partially easing this excess supply and
           improving customer comfort.
           2. BEDA has been part of the discussion with the Home        2. Currently Broadland has no HVVDS premises.           No change required
           Secretary on measures that could be introduced in an                                                                 at this time.
           attempt to reduce any problems caused by high volume
           vertical drinking establishments (HVVDS). We would
           endorse the options set out in the guidance to the
           Licensing Act (7.80) - in particular a prescribed capacity
           and adequate seating.




                                                                    Page 27
3. For some time now, there has been much debate           3. So far this has not been an issue for Broadland but No change at this
within both Government bodies, primarily the Home          will remain under review.                              time.
Office and DCMS, and industry about the most effective
method of tackling irresponsible drinks promotions.
BEDA supports the concept of local authorities using the
new premises licence to introduce a mandatory minimum
price condition for venues selling alcohol for
consumption on the premises. Such a condition was first
used by Perth and Kinross Licensing Board in June
2002, has been cleared by the Office of Fair Trading and
removes at a stroke the ability of individual operators to
destabilise the market in a town through the use of
excessive discounting. To be most effective, the
condition should be be used surgically with authorities
setting the boundary, price level and structure of the
condition. In addition, the council should keep the
condition under review, as it might not be necessary into
the long term.
Should you decide not to introduce a minimum price
condition, we would warn against the development of
alternative conditions that seek to prohibit irresponsible
promotions. It is our understanding that such conditions
are illegal as the subjective nature of the term
'irresponsible'
means there cannot be 'certainty of commission' i.e. it
cannot be clear to the operator when he would




                                                        Page 28
4. During the passing of the Licensing Act, BEDA           4. This is not currently an issue for Broadland.   No change at this
lobbied alongside the Local Government Association and                                                        time.
Association of Chief Police Officers for councils to be
given the ability to establish a special policy on
cumulative effect. Since the Act received Royal Assent,
this proposal has found favour with the Home Office and
DCMS (it is covered in detail in the guidance 3.13-3.28).
As with minimum pricing, this policy might not be
appropriate for all areas but we would urge you to
consider its introduction should local conditions indicate
that supply is outstripping demand, triggering excessive
discounting and subsequent disorder and disturbance. If
this is the case, we would suggest that you work with the
police and operators to establish the size of the licensed
trade in your area, the potential number of customers
and the police and A&E hotspots. You would then be
well placed to shape the development of the licensed
trade, curtailing development in saturated areas and
promoting expansion where there is spare capacity.
Please note that, while BEDA supports the use, where
appropriate,
of special policies on cumulative effect, such policies
cannot be absolute and cannot prevent operators from
applying for a premises licence.




                                                         Page 29
5. Music and dancing should not be considered to be        5. This comment appears to relate to a health and       No change.
easy additions to an operating schedule - a poorly         safety matter which cannot be dealt with by licensing
thought through offering can lead to safety concerns and legislation.
flashpoints inside the venue and disturbance for local
residents. The provision of music and dancing in a
venue is a specialist function: placing additional
demands on staff and management, while providing an
enhanced customer expereince. Dance floors should
therefore be properly risk assessed to ensure customer
comfort, provide a safe environment and assist
supervision. The risk assessment should include
adequate supervision of dancers, a safe location for the
DJ or band, use of special effects and lighting, areas for
safe bottle and glass storage, noise leakage etc. In
addition, operators should be required to ensure that the
area designated for dancing is adequate for the purpose
and large enough to hold expected numbers.




                                                        Page 30
6. As the Home Secretary has rightly identified, the vast     6. This may have merit but would be difficult to        To consider adding to
majority of licensed premises are well run with few           enforce and is clearly inappropriate and unnecessary    Policy.
problems occuring inside the venue. Most disturbance          for small establishments in remote locations.           - Dispersing
and disorder will occur due to a poorly thought approach      However, for some large premises at the fringe of the   customers over an
to managing the end of night. BEDA therefore supports         City this may need to form part of the operating        extended period;
the Home Office view that each venue, be it pub, club, or     schedule.                                               - Ensuring customers
bar, should prepare and implement a dispersal policy.                                                                 leave the venue in an
Such a policy would set out the steps the venue will take                                                             orderly fashion and
at the end of the trading session to minimise the potential                                                           without bottles or
for disorder and disturbance as customers leave the                                                                   glasses;
premises. The policy could include measures to                                                                        - Offering a
disperse customers over an extended period and ensure                                                                 Neighbours' Charter
customers leave the venue in an orderly fashion and                                                                   to businesses and
without bottles or glasses.                                                                                           residents;
                                                                                                                      - Placing marshalls in
                                                                                                                      high visibility jackets
                                                                                                                      outside venues to
                                                                                                                      promote order and
                                                                                                                      speedy dispersal;
                                                                                                                      and
                                                                                                                      - Sending out a
                                                                                                                      'Rubbish Patrol'
                                                                                                                      following closure in a
                                                                                                                      designated area
                                                                                                                      around Luminar
                                                                                                                      venues.




                                                         Page 31
           7. While not strictly a matter for licensing, BEDA would 7. So far this has not been an issue for Broadland.           No change at this
           ask that councils consider the importance of adequate                                                                  time.
           late night transport in reducing disturbance and disorder.
           With the Licensing Act likely to deliver more late night
           venues and thus more people in our town and city
           centres, consideration must be given as to how best to
           transport these people home safely and swiftly. Clearly,
           different levels of service would need to be in place on
           different nights of the week - a uniform late night bus
           service would most likely lose money during the week
           and prove inadequate at the weekend. BEDA can
           provide examples of numerous successful local
           initiaitives such as late night bus services (Reading), use
           of taxi marshals (Manchester) and cooperation between
           venues and private taxi firms (Newport).

22. ALMR   1. We note that throughout the document the term              1. Sufficient safeguards to address this issue are       No action considered
           "Council" rather than "Licensing Authority" is used. We       already present in the Act and the guidance. Further     necessary at this
           believe that the latter is more appropriate since the         training of the licensing sub-committee chair persons    time.
           Council has a broader role and some of its other              is planned.
           functions will act as responsible authorities. The
           Licensing Authority therefore needs to maintain an
           impartial and objective stance and differentiation from
           the rest of the Council will assist in this.
           2. Whilst live and recorded music will invariably require     2. This is clearly set out in the Act and the guidance   No change.
           a licence, exception is made within the Act for incidental    and does not need to appear in the policy.
           music. This should be made clear in the policy.




                                                                        Page 32
3. We feel it would be helpful to include reference to the 3. It was felt that such an inclusion is unnecessary.   No change.
number and type of licensed premises in the introduction
to the area, better to give a feel for the economic and
social importance of the sector to the area. Licensed
premises provide valuable facilities for local residents
and businesses - social and community spaces - as well
as visitors and tourists in the area. They make a
significant contribution to the local economy by way of
direct employment, taxes and the indirect support they
provide to other important sectors, such as shops,
cultural activities and tourist attractions. As such they
play an integral role in helping meet the Council's
aspirations for the district. They need a supportive
regulatory and licensing framework to achieve this,
however, and we believe that the policy should reflect
this.
4. We believe it would be helpful to conclude the list of 4. This is set out clearly in the guidance and the Act   No change.
licensing objectives with a reference to the fact that     already.
these objectives are the only matters to be taken into
account in determining the application and that any
conditions to be attached must be necessary to achieve
the licensing objectives.




                                                         Page 33
5. Licensing is about the regulating of licensable          5. This matter is already spelt out clearly in the Act   No change
activities and not the control of premises per se. This     and the guidance.                                        considered
section goes on to refer to the imposition of conditions.                                                            necessary at this
A fundamental tenet of the Act is the fact that the                                                                  time.
licensing authority is only able to consider imposing
conditions if their discretion has first been engaged as a
result of relevant representation having been made. The
licensing authority is not able to impose conditions on its
own intiative. Moreover, if attached they must be
necessary to secure the licensing objectives and be
proportionate.
We believe that including these references in what is
effectively the introduction to the policy will give
applicants and interested parties a better understanding
of the parameters governing the licensing authority's
decision making powers, and will avoid raising unrealistic
expectations. We also note that these statements are
required under Government Guidance and we strongly
recommend that they are included in what is a general
introductory section to the Act.

6. We are somewhat surprised to see reference to The 6. This was included as a late addition by way of a             No change.
Portman Group Code of Practice in this section. Whilst recommendation from LACORS. It is not considered
we support and endorse the code, this is primarily           necessary to remove it.
directed towards ensuring that manufacturers do not
name, package or promote their product in such a way
as to appeal to children. It specifically does not deal with
retail promotions. It is not therefore appropriate in the
context of the children's licensing objective.

7. The reference to gambling in the list of risk factors    7. This is in the guidance and the Act and does not      No change.
which may give rise to concerns about children should       warrant repeating in the policy.
make clear that this does not refer to a small number of
AWP machines in traditional pubs and bars.




                                                           Page 34
                  8. We note the reference to the imposition of stricter         8. This is understood and already has been                   No change.
                  controls with regard to noise and/or opening hours where       addressed in the policy.
                  premises are situated in residential areas. Again, we
                  would remind the Council that it is onlyable to do so
                  where its discretion has been engaged by means of
                  relevant representation.
                  9. We note that provision is made for officers to              9. This matter is covered in the guidance where it
                  determine whether a complaint is relevant etc and we           states that it is for the Licensing Authority to determine
                  believe it would be helpful to state that officers will also   whether an objection is relevant. 5.75 and 5.76 of the
                  determine whether an objection to an application is also       guidance give advice on this aspect and the policy
                  relevant. We would welcome inclusion in this section of        allows for officers to pass any matter to the relevant
                  procedures for handling conflicts of interest and best         deciding bodies for a decision. Conflicts can be
                  practice guidelines for the processing of applications.        resolved if need be by the Councils but it is hoped that
                                                                                 prior consultation will be the norm before expensive
                                                                                 legal involvement becomes necessary.

                  10. Whilst we appreciate that the draft statement of           10. Whilst the comment has been noted, it is not the         No change
                  policy is designed to set out how the local authority          intention that the Policy will be a guide to completing      considered
                  envisages implementing the Act and the policy positions        the application form. This will be provided via other        necessary.
                  it will adopt, many licensees will rely solely on this         means.
                  document to make their applications. We therefore
                  believe that it would be helpful to provide additional
                  information on a number of other aspects.
                  We are somewhat surprised that the policy document
                  makes no reference as to how the licensing authority will
                  approach applications for personal licences, temporary
                  event notices, provisional statements, or the handling of
                  gaming machine permits. We believe that it would be
                  helpful to expand on these matters in the final policy
                  document.
23. Aylsham TC    Responded but no further comments.
24. Greene King   Responded but no further comments.
Pub Partners
25. Broadland     Responded but no further comments.
Home Watch




                                                                             Page 35
26. Stratton      Responded but no further comments.
Strawless PC
27. NCC Trading   1. Prevention of harm to children                             1. This should form part of the Operating Schedule    Propose no change.
Standards         There should be reference to a duty of care by traders in     from the applicant and as such need not be included
                  preventing age restricted sales - particularly alcohol -      in policy.
                  licensees should have appropriate policies and
                  procedures that demonstrate that traders have
                  considered these issues and taken appropriate action in
                  training staff etc. Trading standards would like the
                  Licensing Policies to reference that prospective
                  licensees should be taking steps to avoid illegal sales
                  taking place. This would include the adoption of the 'NO
                  ID-NO SALE' message, the acceptance of PASS
                  accredited Proof of Age Cards only and the effective
                  training of staff to enable them to challenge with
                  confidence anyone who they consider to be under 18.
                  2. Enforcement                                                2. This will form part of a separate protocol on      Propose no change.
                  There should be reference to the role that the Trading        enforcement, which is development.
                  Standards Service has in relation to the sale of alcohol to
                  people under the age of 18. The Police and the Trading
                  Standards Service share responsibility in relation to age
                  restricted sales of alcohol and have already successfully
                  worked together as part of a multi-agency approach to
                  this problem. The understanding, which exists between
                  the Police and the Trading Standards Service, is that the
                  Police will deal with unlawful sales in pubs, clubs and
                  similar premises, with Trading Standards dealing with
                  retail sales from supermarkets and shops. Changes to
                  licensing law enables the trading standards authorities to
                  use underage volunteers in test purchasing enforcement
                  exercises and a number of convictions have already
                  resulted.




                                                                            Page 36
                     3. Integrating strategies and avoiding duplication        3. This forms part of the new protocol (A draft of this     Propose no change.
                     Currently there is a local working protocol with Norfolk  protocol is attached).
                     Constabulary and Norfolk Trading Standards that the
                     Police will deal with unlawful sales in licensed premises
                     and Trading Standards will deal with retail sales from
                     supermarkets, shops and off licences. The Criminal
                     Justice and Police Act 2001 introduced amendments to
                     the Licensing Act 1964 (already amended by the
                     Licensing [Young Persons] Act 2000). In summary the
                     amendments placed a duty on Trading Standards
                     officers to enforce the provisions of Section 169A and
                     169B of the Licensing Act 1964 (as amended) which
                     prohibit the sale of alcohol to minors on licensed
                     premises. In addition special provisions are made which
                     for the first time formally allows Police Officers and
                     Trading Standards officers to use young people to
                     conduct test-purchasing exercises.

28. Live Music    No specific comments regarding policy but wrote to all                                                                   No change.
Forum             Councils to encourage them to promote Live Music
                  events.
29. Comments from 1. Para 3.5. How are Planning Controls going to be            1. To add word 'prexisting' at first bullet point.         To add.
BDC Planning      used to address unruly behaviour.
Policy Team

                     2. Paras 4.6-4.9. Cumulative effect - several comments. 2. This effect is currently considered to be irrelevant       No change.
                                                                                 to Broadland but will remain under review.
                     3. Para 7.3. Second bullet point. Consider word             3. Change 'reputation' to 'recorded history'.             To change.
                     'reputation' as rather vague.
                     4. Para 9.4. Need to add Community Plan as third bullet 4. Agree.                                                     To add.
                     point.
                     5. Para 13.3. Suggest that 'Council Officers' is too        5. Agree. Suggest deleting 'Council' - change to          To change.
                     vague.                                                      'authorised officers within the Licensing section'.
30. The Cinema       1. It is our understanding that conditions can only be      1. Not true. Licensing Authority can impose               No change.
Exhibitors'          attached in the event of objections to the application that conditions without objections where they are invited by
Association          have been upheld following a hearing.                       the Operating Schedule.




                                                                              Page 37
                  2. We would just add that CEA's main concerns are that 2. As stated in the policy at 1.4. Each application is   No change.
                  all premises are treated on an individual basis, new     dealt with on an individual basis.
                  licensing policy documents are not over-prescriptive and
                  licensing authorities do not seek to attach
                  blanket/excessive conditions on all premises.
31. Sprowston     Responded but no further comments.
Manor Hotel and
Country Club




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