8.1 The Council considers it essential that licensed premises are maintained and operated so as to ensure the continued promotion of the licensing objectives and compliance with the specific requirements of the Act. This includes premises under the use of a Temporary Event Notice.

8.2 The Council acknowledges that the Act does not require inspections to take place as a matter of routine and that inspections should only be undertaken if they are judged necessary. To this effect the Council has established protocols with the local police and the other enforcing authorities as appropriate on enforcement issues. These protocols provide for the targeting of agreed problem and high-risk premises which require greater attention, while providing a lighter touch for low risk premises which are well run. A sample of premises may also be inspected/surveyed from time to time to ensure that the premises are operating in accordance with relevant licensing requirements. This should ensure that resources are more effectively concentrated on problem premises.

8.3 The Council will develop effective strategies with the police, and the other enforcement agencies as appropriate, for the management of the night-time economy. Central to this will be the enforcement of the law relating to the sales of alcohol to drunk and underage people and drunkenness or disorder on, or in the immediate vicinity of, licensed premises. Targeted enforcement of this kind, in line with the recommendations in the ‘Hampton’ report should have a positive impact on the immediate vicinity of the licensed premises concerned.

8.4 The enforcement of conditions applied to licences, and in respect of unlicensed activity, will primarily be the responsibility of the Council and Police. An Enforcement Protocol is in place so as to ensure consistency, proportionality, openness and objectivity.

8.5 Other persons or a responsible authority may apply to the Council for a review of a licence on grounds that are relevant to the licensing objectives. A representation would only be relevant if it relates to at least one of the licensing objectives. The Council may determine on its merits whether any representation made by another person is frivolous, vexatious or repetitive, and if it is so determined may reject the representation. The Council will, unless there are compelling circumstances, determine representations made by another person on similar grounds to those made less than twelve months ago as repetitious. Another person aggrieved by the Council’s decision to reject their representation may challenge such decision by way of judicial review.

8.6 Subject to an application for review complying with related rules and procedures the Council will hold a hearing to consider it and hear any relevant representations. At the conclusion of the review the Council will take such steps it considers necessary for the promotion of the licensing objectives, which may include any of the following steps:

• to modify the conditions of the premises licence (which includes adding new conditions or any alteration or omission of an existing condition), for example, by reducing the hours of opening or by requiring door supervisors at particular times;
• to exclude a licensable activity from the scope of the licence, for example, to exclude the performance of live music or playing of recorded music (where it is not within the incidental live and recorded music exemption);
• to remove the designated premises supervisor, for example, because they consider that the problems are the result of poor management;
• to suspend the licence for a period not exceeding three months;
• to revoke the licence.

In respect of an application for a summary review the Council may take any of the following interim steps without the licence holder having an opportunity to make representations.

• modification of the conditions of the premises licence;
• exclusion of the sale of alcohol by retail from the scope of the licence;
• the removal of the designated premises supervisor from the licence;
• the suspension of the licence.

8.7 The Council considers that there is certain criminal activity that may arise in connection with licensed premises, which should be treated particularly seriously. These are the use of licensed premises:

• for the sale and distribution of drugs controlled under the Misuse of Drugs Act 1971 and the laundering of the proceeds of drugs crime;
• for the sale and distribution of illegal fire arms;
• for the evasion of copyright in respect of pirated or unlicensed films and music;
• for prostitution or the sale of unlawful pornography;
• by organised groups of paedophiles to groom children or any other form of child sexual exploitation;
• as the base for the organisation of criminal activity, particularly by gangs;
• for the organisation of racist activity or the promotion of racist attacks;
• for knowingly employing a person who is unlawfully in the UK or who cannot lawfully be employed as a result of a condition on that person’s leave to enter;
• for unlawful gaming and gambling; and
• for the sale of smuggled tobacco and alcohol.

8.8 Where reviews arise and the Council determines that the crime prevention objective is being undermined through the premises being used to further crimes, revocation of the licence, even in the first instance, may be seriously considered appropriate.

8.9 Where reviews arise because alcohol has been sold to children, and it is apparent that those managing the premises do not operate a responsible policy or have not exercised appropriate due care, the Council may consider revoking the licence if it considers this appropriate.

8.10 The Council is aware that it is unlawful to discriminate or to refuse service on grounds of race or by displaying racially discriminatory signs on the premises. Representations made about such activity from responsible authorities or other persons would be relevant to the promotion of the crime prevention objective and justifiably give rise to a review.