4.1 The Council is required to carry out its functions under the Act with a view to promoting the four licensing objectives, each of which have equal importance and are paramount considerations at all times (paragraph 1.4 sets out the licensing objectives).

4.2 Applicants should consider carefully the impact of their application on the licensing objectives and the steps they may need to implement for the promotion of all four of the licensing objectives. While applicants are not required to seek the views of responsible authorities before formally submitting their application, they may find them to be a useful source of expert advice on local issues that should be taken into consideration when making an application. The Council encourages co-operation and interaction between applicants, responsible authorities and, where relevant, local residents and businesses before applications are submitted in order to minimise the scope for disputes to arise. The contact details for the responsible authorities are provided in Annex 1 to the Policy.

4.3 When setting out the steps they propose to take to promote the licensing objectives, the Council expects an applicant to obtain sufficient information to enable them to demonstrate that they understand:

• the layout of the local area and physical environment including crime and disorder hotspots, proximity to residential premises and proximity to areas where children may congregate, together with the need to ensure that children are protected from harm at all times, which includes safeguarding children from sexual exploitation
• any risk posed to the local area by the applicants’ proposed licensable activities; and
• any local initiatives operating in the area of their premises, for example, local crime reduction initiatives or voluntary schemes, such as pubsafe, bar one bar all, cabsafe & street pastors, all of which operate in various areas of the Borough as of the adoption date of this Policy

4.4 Where a premises falls within an area that the Council has designated as being subject to ‘cumulative impact’ and a saturation policy is in place applicants are expected to demonstrate an understanding of how this policy impacts on their application; set out any measures they will take to mitigate impact; and explain why they consider their application should be an exception to the policy (see section 6 of the Policy for further information on cumulative impact).

4.5 Applicants are expected to include positive proposals in their application on how they will manage any potential risk and provide the Council with sufficient information to determine the extent to which their proposed steps are appropriate to promote the licensing objectives. Such information should be premises specific. Single steps may promote more than one objective.

4.6 Applicants should be aware that the steps they propose to take to promote the licensing objectives, as set out in the operating schedule, will very often translate directly into conditions that will be attached to any premises licence that may be issued.

4.7 The Council accepts that for some premises, it is possible that no measures will be appropriate to promote the licensing objectives. Where this is the case applicants are expected to set out their rationale for reaching this decision.

Preventing crime and disorder

4.8 The Council expects applicants to set out in their operating schedule any relevant steps they intend to take so as to ensure that the operation of the premises does not undermine the crime and disorder objective. Relevant steps are the things an applicant intends to do so as to prevent crime and disorder, including anti-social behaviour, occurring both on the premises and in the immediate vicinity of the premises. Such steps may include information on:

• the prevention and control of drunkenness
• management systems
• staff training
• drugs policies
• search procedures
• entry policies
• physical security
• door supervisors
• bottle bans and drinks containers – The use of safety or plastic glasses and bottles may be appropriate at all times or on specific occasions and in particular in where the consumption of alcohol is on a public open space
• smoking area and other outdoor spaces
• capacity limits
• CCTV - The installation and operation of CCTV in and around licensed premises is a positive measure to prevent and detect crime. It can also assist the police in the apprehension and prosecution offenders
• age verification systems such as challenge 25
• crime prevention notices and signage
• the type and location of alcohol; and
• join a local Pubsafe Group - In Bexley there are several Pubsafe groups operating. Each group is organised by licence holders in a specific area, who meet to share intelligence and best practice. Speakers attend meetings to help inform licence holders of current issues such as police campaigns and changes in licensing and other regulatory law. The police and relevant licensing officers attend most meetings

The above list is not exhaustive it merely provides examples of matters that may be relevant to the prevention of crime and disorder.

4.9 Spiking Awareness. Licensees should consider what action will be taken to prevent the spiking of drinks at the premises, i.e. where drugs or alcohol are added to someone’s drink without them knowing. Alcohol is the common substance used to spike drinks. Safety measures could include:

• encouraging customers to ensure their drinks are not left unattended
• the use of publicity material to ensure customers remain vigilant
• the use of toilet attendants or regular documented toilet checks and Searches of the premises
• training of staff in drug awareness to identify and prevent the supply and use of illegal drugs and new psychoactive substances
• physical measures to deter drug use on the premises
• make customers aware of the risk of drink-spiking
• train staff in drug awareness issues and ensure sufficient staffing and managerial support to make identification and handling of incidents practicable
• Ask for Angela - this initiative advises customers through posters in venue toilets that, if they ‘ask for Angela’ at the bar, staff will be alerted to the fact that the person feels unsafe or threatened. Staff will know that the individual needs support to leave their situation, and can call them a taxi, escort them to their car or call the police, for example.

The Police are the main source of advice on the prevention of crime and disorder. Applicants and licence holders should seek assistance on crime and disorder issues from Bexley Police (see Annex 1 for contact details). 

Public safety

4.10 The public safety objective is concerned with the physical safety of the people using the relevant premises and not with public health. Physical safety includes the prevention of accidents and injuries and other immediate harms that can result from alcohol consumption. It includes the safety of performers, but does not extend to the prevention of injury, by one contestant to another, in a boxing or wrestling match.

4.11 The Council expects applicants to set out in their operating schedule any relevant steps they intend to take so as to ensure that the operation of the premises does not undermine the public safety objective. Relevant steps are the things an applicant intends to do to ensure public safety. Such steps may include information on:

• fire safety
• emergency communications policy and access for emergency vehicles
• number of trained first aiders and location of first aid kits
• dispersal policies, both routine and in the case of an emergency
• information on late-night transportation and any special arrangements in place to this effect
• policies on prevention of drunkenness and drug taking
• glass collection and disposal
• limits on the maximum capacity: and
• CCTV and lighting in and around the premises

The above list is not exhaustive it merely provides examples of matters that may be relevant to public safety.

4.12 The Council’s Food and Health & Safety Team are the main source of advice on ensuring public safety at licensed premises. Applicants and licence holders should seek assistance on public safety issues from them (see Annex 1 for contact details).

Preventing public nuisance

4.13 Public nuisance is not narrowly defined in the Act and could therefore include low level nuisance affecting a few people as well as major disturbance affecting the whole community. It may also include the reduction of the living and working amenity of people living and working in the vicinity. Licence holders should take particular care to prevent nuisance arising during the night hours (23:00 hours until 07:00 hours the following day), or from any outdoor area that may be used in association with licensable activities such as patios, beer gardens, and smoking areas or shelters.

4.14 The Council expects applicants to set out in their operating schedule any relevant steps they intend to take so as to ensure that the operation of the premises does not undermine the public nuisance objective. Relevant steps are the things an applicant intends to do to prevent public nuisance. Such steps may include information on:

• control and limitations on use of outdoor areas
• measures taken to prevent noise emanating from the premises
• dispersal policies
• outdoor and external lighting
• litter patrols; and
• relevant signage

The above list is not exhaustive it merely provides examples of matters that may be relevant to preventing public nuisance.

4.15 DELIVERIES -  The Authority expects licence applications for delivery services that include the delivery of alcohol and/or food to customers to take into account issues relating to reducing public nuisance related to delivery vehicles, ensuring the security of premises and delivery drivers, and protecting children by applying rigorous age checks at purchase point and at point of delivery.

Since the last Statement of Licensing Policy there have been an increasing number of applications for licences relating to delivery services. These tend to fall into three groups:

• premium specialist product mail order-type services
• food delivery services (both meal and grocery) that may include alcohol delivery but are primarily food lead; and
• convenience-type alcohol delivery services that are targeted at convenience for those drinking at home

Although these types of services are not provided for in the Licensing Act 2003 in any way differently from other licensed premises, they do provide their own unique circumstances that need to be addressed. In particular the Authority has concerns with the night time delivery service (between the hours of 23:00 – 05:00am). The licensing authority would expect to see in the operating schedule:

• age verification at both purchase point and delivery point
• the safety of delivery drivers at point of delivery
• safety of the premises from which orders are taken and sent out for delivery; and
• steps to mitigate possible public nuisance caused by delivery drivers collecting deliveries from the licensed premises and delivery into quiet residential areas

The Authority would expect conditions to be proposed in an applicant’s operating schedule which would address such concerns and the following are examples of the types of condition which would be expected if appropriate to the application where the delivery includes alcohol:

• a standard age verification check shall be undertaken on entering the website
• a signature at the point of delivery must be obtained from a person above the age of 18 with appropriate age verification identification. No delivery shall be left without a signature
• alcohol shall only be delivered to a residential or business address and may not be delivered to a public place (street corner, park, bus stop, etc.)
  • Every third-party courier delivery box shall be labelled with the words “Age Restricted Product”
• any delivery driver or third-party courier will be required to have appropriate age verification training, and in particular they will be required to have undergone training in refusal of supply where age verification is not provided, or the recipient is clearly intoxicated
• a challenge book will be maintained for deliveries and available for inspection on request
• appropriate security will be in place at the premises as agreed with Police
• websites and all promotional material should be designed and set out in a way which is consistent with the responsible retail of alcohol
• the Authority would expect operators to have systems in place to ensure alcohol is not delivered to problematic house parties or to people who appear drunk and, in such instances, alcohol should be refused, and that refusal recorded in the challenge book.

All deliveries:

• Measures for minimising noise and disturbance caused by the dispatch of deliveries to be identified in the operating schedule
• Measures for minimising noise by not allowing delivery staff to congregate outside talking etc if near residential units

4.16 The Council’s Environmental Protection Team is the main source of advice on preventing public nuisance at licensed premises. Applicants and licence holders should seek assistance on preventing public nuisance from them (see Annex 1 for contact details).

Protecting children from harm

4.16 The body that the Council has decided will fulfil the role of the “responsible authority” in connection with the protection of children from harm is the Trading Standards Service.

4.17 The protection of children from harm includes the protection of children from moral, psychological and physical harm. This includes not only protecting children from the harms associated directly with alcohol consumption but also wider harms such as exposure to strong language and sexual expletives (for example, in the context of exposure to certain films or adult entertainment). The Council will also consider the need to protect children from sexual exploitation when undertaking licensing functions.

4.18 Applicants must be clear in their operating schedules about the activities and times at which the events will take place so as to determine when it is not appropriate for children to enter the premises. In carrying out its licensing functions the Council will seek to protect children from harm, and, to this effect, the Council will have particular regard to the admission of children at premises: -

• where entertainment or services of an adult or sexual nature are commonly provided
• where there have been convictions of members of the current staff at the premises for serving alcohol to minors or for premises with a reputation for underage drinking
• where it is known that unaccompanied children have been allowed access
• where requirements for proof of age cards or other age identification is not the norm
• with a known association, or evidence, with drug taking or dealing
• where there is a strong element of gambling on the premises (but not, for example, the simple presence of a small number of cash prize gaming machines); and
• where the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided in the premises

4.19 The Act makes it an offence to permit children under the age of 16 to be present on premises being used exclusively or primarily for the supply of alcohol for consumption on the premises unless they are accompanied by an adult (person aged 18 or over). This offence applies equally to premises that have a permanent licence and those operating on a temporary basis. The Act also makes it an offence to allow unaccompanied children under the age of 16 at other premises supplying alcohol for consumption on the premises between midnight and 5am.

Outside of these hours there is nothing to prevent the admission of unaccompanied children under 16 to premises where the consumption of alcohol is not the exclusive or primary activity. Such premises may include hotels, bowling alleys, cinemas and restaurants.

However, this does not mean that children should automatically be admitted to such premises.

4.20 It is not intended that the definition “exclusively or primarily” in relation to the consumption of alcohol should be applied in a particular way by reference to turnover, floor space or any similar measure.

4.21 The Council recognises that, subject only to the provisions of the Act and any licence conditions, the admission of children to a premise will always be at the discretion of those managing the premises. The Act on the one hand, gives no presumption of giving children access, while on the other hand, gives no presumption of preventing their access to licensed premises. Given this, each application and the circumstances obtaining at each premises, will be considered on its own merits. However, it is a mandatory condition (see paragraph 5.19) that licences authorising the exhibition of films restrict the admission of children to the exhibition of any film in accordance with the recommendations of the British Board of Film Classification, or the Council itself. In the case of premises giving film exhibitions, the Council will, where relevant representations are made, expect applicants to include in their operating schedules arrangements for restricting children from viewing age restricted films.

4.22 The Council cannot attach conditions requiring an applicant to allow the admission of children to premises. Therefore, the admission of children is a matter for the discretion of the individual licensee, club or person who has given a temporary event notice. W here an applicant’s own risk assessment has determined it as necessary, an applicant may volunteer prohibitions and restrictions in respect of the admission of children in their operating schedule. Where no relevant representations are made these volunteered prohibitions and restrictions will become conditions attached to the licence and will be enforceable as such.

4.23 The Council expects applicants to set out in their operating schedule any relevant steps they intend to take so as to ensure that the operation of the premises does not put children at harm. Relevant steps are the things an applicant intends to do to protect children from harm and to prevent public nuisance. Such steps may include information on:

• limitations on the hours when children may be present
• limitations on the exclusion of, children under certain ages when particular specified activities are taking place
• limitations on the parts of premises to which children might be given access
• age limitations (below 18)
• requirements for an accompanying adult (including for example, a combination of requirements which provide that children under a particular age must be accompanied by an adult)
• full exclusion of people under 18 years of age from the premises when licensable activities are taking place; and
• age verification policies

4.24 With regard to age verification policies, the Council shares the Government’s concern over the purchase and consumption of alcohol by children and will focus on enforcing the law concerning the consumption of alcohol by minors. The Council therefore strongly supports the use of ‘Challenge 25’ in all licensed premises as an aid to preventing underage sales of alcohol. Further information about ‘Challenge 25’ is available from the police and Trading Standards in their roles as responsible authorities.

4.25 Applicants should also consider the proximity of the premises to schools and youth clubs and take appropriate steps to ensure that advertising relating to their premises, or relating to events at their premises, is not displayed at a time when children are likely to be near the premises.

4.26 The Council’s Trading Standards Service is the main source of advice on protecting children from harm at licensed premises. Applicants and licence holders should seek assistance on protecting children from harm from them (see Annex 1 for contact details).

All four licensing objectives

4.27 The Council recommends that for significant, and for one off, events a comprehensive risk assessment is undertaken to ensure that proper consideration is given to all four licensing objectives and that all relevant matters are identified and addressed. Risk assessments should be documented.

4.28 Where a risk assessment is carried out the Council anticipates that these will be completed having due regard to any advice or guidance issued by the responsible authorities. If requested copies of the risk assessment should be provided at least 14 days prior to the proposed event. In addition, debrief forms should be submitted to the responsible authorities within 14 days of the conclusion of the event if requested.