The Council will seek to secure the proper integration of licensing with other key relevant strategies as follows:

Community Safety

10.1 Licensed premises, especially those offering late night/early morning entertainment, alcohol and refreshment for large numbers of people, can be a source of crime and disorder problems. As stated in paragraph 4.2 above, applicants for premises licences should consider carefully the impact of their application and seek advice on measures that they can implement which will contribute towards community safety issues in the way that they propose to use and manage the premises.

10.2 In addition to the requirements for the Council to promote the licensing objectives, it also has a duty under Section 17 of the Crime and Disorder Act 1997 to do all it reasonably can to prevent crime and disorder in the Borough. If relevant representations are made, the Council will consider attaching conditions to licences and permissions to deter and prevent crime and disorder both inside and immediately outside the premises.

10.3 Applicants should be aware that other policies and powers exist within the Council to promote community safety, such as The Community Safety Strategy and Action Plan; and should endeavour to ensure that their proposals are consistent with these policies and other local crime prevention strategies.

10.4 Where alcohol related disorder is identified as a major problem the Council may use its power to designate it as an area where restrictions on public drinking apply.

The Council will also report incidents of disorder to liaison meetings with local transport operators with a view to promoting policies that encourage the safe dispersal of people from town centres or other locations where there is a concentration of licensed entertainment premises.

Planning and Building Control

10.5 Approval under the Act does not over-ride town planning or building control requirements. These are a separate function of the Council. The Council’s planning, building control and licensing regimes will be properly separated to avoid duplication and inefficiency. Applications for Premises Licences for permanent commercial premises should normally be from businesses with planning consent for the property concerned. It is normally expected that planning consent will have been obtained prior to an application for a premises licence, and that a licence application will be consistent with that permission. However, applications for licences may be made before any relevant planning permission has been sought or granted by the licensing authority; in these cases, however the applicant is expected to provide an explanation.

10.6 Licensing applications should not be a re-run of planning applications and should not cut across decisions taken by the Council’s Planning Control Committee or following appeals against decisions taken by that Committee. Similarly, the granting by the Licensing Committee of any variation of a licence which involves a material alteration to a building will not relieve the applicant of the need to apply for planning permission or building control consent where appropriate. (It should be borne in mind that an alteration is “material” for the purposes of the Building Regulations if it has the potential to affect structural stability, fire safety or access).

10.7 Applicants should also have regard for the need in some circumstances to apply for planning permission for changes of use to provide licensed premises. Permission may also be required for new shop fronts. Further advice on this should be sought from the local planning authority (contact details provided in Annex 1). The Council’s Unitary Development Plan contains policies to guide the determination of change of use applications so as to protect the viability and vitality of town centres and shopping areas and the amenity of local residents. Applicants should seek advice on how these policies apply to their proposals.

10.8    In granting planning permission, the Council may attach conditions relating to hours and days of opening of licensed premises where this is necessary in order to protect residential amenity and for other planning reasons. The Licensing Committee and its Sub-Committees may be advised of any conditions attached to planning permission granted for premises seeking to carry out licensable activities. There are also circumstances when as a condition of planning permission, a terminal hour has been set for the use of the premises for commercial purposes. Where these hours are different to the licensing hours, the applicant must observe the earlier closing time. Premises operating in breach of their planning permission would be liable to prosecution under planning law.

10.9 The Licensing Committee may provide reports to the Planning Control Committee on the situation regarding licensed premises in the area, including the general impact of alcohol related crime and disorder. This will enable the Planning Committee to have regard to such matters when making its decisions and avoid any unnecessary overlap.

10.10 The Council plans to review and if necessary, update its planning policies in the light of the Act and may issue interim policy guidance in due course.
Regeneration and Economic Development

10.11 The Council is committed to a holistic, borough-wide approach to regeneration and economic development. Through its policies it seeks to sustain a strong local economy and good quality local jobs to improve services and the quality of life of all Borough residents. The Borough’s town centres are at the heart of the community. They provide shops and services for residents and local businesses. They are centres of civic activity and local employment. The continued health and vitality of the Borough’s town centres are a key part of the Borough’s local regeneration strategy. In exercising its licensing functions, the Council will attach importance to maintaining and enhancing the health and vitality of its town centres to retain and capture local spending that would otherwise be in centres outside Bexley with a loss to the local economy.

10.12 Promotion of the licensing objectives will contribute to the Council’s aspirations in relation to its town centres and Premises Licence Holders will be actively encouraged to participate in and contribute to town centre management initiatives such as Pub Safe.

Transport

10.13 Planning Policy Guidance (PPG13) emphasises the importance of locating uses that generate significant travel demand, including leisure, in areas with good public transport accessibility. The Council’s Unitary Development Plan Policy guides high-density trip attracting development to locations that are accessible by public transport.

10.14 The Licensing Committee may receive reports on the level of public transport in an area and may have regard to these when considering applications for Premises Licences, where relevant representations have been made, in terms of the impact on promotion of the licensing objectives.

10.15 The Licensing Committee may report to Transport for London and the Public Transport Advisory Group on the pattern of licensable activity in Bexley so that the need to disperse people from town centres swiftly and safely to avoid concentrations of people that may produce disorder and disturbance is taken into account.

10.16 In dealings with transport providers the Council will seek to ensure that the impact of extended hours for licensed premises to operate will be taken into account and efforts made to ensure that transport provision is sufficient to cope with the travel requirements of people leaving licensed premises, particularly in town centres in the early hours of the morning.

10.17 Applicants should have regard to the availability of public transport when preparing an operating schedule.

Tourism and Employment

10.18 The Licensing Committee will receive, when appropriate, reports on the needs of the local tourist economy and the cultural strategy for the area to ensure that these are reflected in their consideration; and be appraised of the employment situation in the area and the need for new investment.

10.19 Where, as a result of representations from a responsible authority, it is identified that a licence or proposed event presents a risk at any local or nationally significant event, applicants will be expected to identify what extra measures will be incorporated into their operating schedule that will ensure the promotion of the licensing objectives, otherwise applications may either not be granted or be granted subject to additional conditions for this period.

Culture

10.20 As part of implementing the Council’s cultural strategies, proper account will be taken of the need to encourage and promote a broad range of entertainment particularly live music, dancing and theatre including the performance of a wide range of traditional historic plays for the wider cultural benefit of communities generally. The potential for limited disturbance in neighbourhoods will always be carefully balanced with these wider benefits, particularly for children. In determining what conditions should be attached to licences as a matter of necessity for the promotion of the licensing objectives, the Council will be aware of the need to avoid measures which deter live music, dancing and theatre by imposing indirect costs of a disproportionate nature. Performances of live music and dancing are central to the development of cultural diversity and vibrant and exciting communities where artistic freedom of expression is a fundamental right and valued. Traditional music and dancing are part of the cultural heritage of England and Wales. Music and dancing also help to unite communities and particularly in ethnically diverse communities. New and emerging musical and dance forms can assist the development of a fully integrated society. The Council subscribes to the view expressed in Guidance issued by the Secretary of State that the absence of cultural provision in any area can itself lead to the young people being diverted into anti-social activities that damage communities and the young people involved themselves.

10.21 The Council may, in due course, seek to extend the number of public spaces within the community which have the benefit of a Premises Licence in its own name. This could include, for example open spaces, town centre squares, community halls, Council-owned art centres and similar public spaces. With regard to those places performers and entertainers will not need to obtain a licence or give a temporary notice themselves to enable them to give a performance but would instead require the permission of the Council as the Premises Licence Holder.

10.22 The Licensing Committee will monitor the impact of licensing on regulated entertainment, and particularly live music and dancing, to ensure that only necessary, proportionate and reasonable licensing conditions impose any restrictions on such events. Where there is any indication that licensing requirements are deterring such events, this Policy will be re-visited with a view to investigating how the situation might be reversed.