1.1 Section 5 of the Licensing Act 2003 ("the Act") requires each local authority to produce a statement of licensing policy before any applications for licences can be accepted and thereafter the policy is to be reviewed every 5 years or when required. This statement has been prepared in accordance with the guidance ("the Guidance") that the Secretary of State has issued further to Section 182 of the Act. This policy is produced following the third review period. South Ribble Borough Council is the licensing authority under the Act.
1.2 The Act covers the licensing of individuals for the retail sale of alcohol (personal licences), the licensing of premises for the retail sale of alcohol, provision of regulated entertainment or late night refreshment (premises licence), the supply of alcohol or the provision of regulated entertainment to certain clubs (club premises certificates) and the permitting of certain licensable activities on a temporary basis (temporary event notices).
1.3 The scope of this policy covers new applications, renewals, transfers and variations of licences. It also includes the review of licences that could lead to the revocation of a licence.
1.4 This policy statement sets out the manner in which applications for licences, which are required by the Act, will be considered by the licensing authority and the policies the licensing authority will generally apply.
1.5 For the purposes of clarity references to the masculine or feminine genders in this policy shall be taken to include the other gender.
1.6 In accordance with the guidance under Section 182 of the Licensing Act 2003 the Licensing Authority aims to ensure that the responsibilities of the licensing function are 'self-financing'. This means the cost of dealing with all matters arising under the act should be wholly met by the fees generated through the Act.
1.7 Since the introduction of the Licensing Act 2003 there have been many legislative developments. Applicants and current licence/certificate holders should ensure that they keep abreast of any legislative and/or procedural changes on an ongoing basis.
2. Licensing Objectives
2.1 The statement has been developed in accordance with the licensing objectives stated in the Act, namely:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance, and
- The protection of children from harm
2.2 Each of the licensing objectives is considered to be of equal importance for the purposes of this policy.
2.3 The policy statement is designed to deal with matters within the control of the licensee. It focuses on the premises in which each business is carried on and the effect that the carrying on of that business has on members of the public living, working or engaged in normal activity in the vicinity. Licensing law is not envisaged to be used as a mechanism to control anti-social behaviour by individuals once they are beyond the direct control of the licensee of any premises concerned.
3. Who is Affected?
3.1 A number of licensable activities are covered by this policy statement and will require a licence under the provisions of the Act. These activities include:
- The retail sale of alcohol
- The supply of alcohol to members of a club
- The provision of entertainment to the public or to members of a club
- A theatrical performance
- A film exhibition
- Any indoor sporting event including boxing or wrestling
- The performance of live music save for performances to an audience of less than 500 between 08.00hrs and 23.00hrs
- The playing of recorded music save for performances to an audience of less than 500 between 08.00hrs and 23.00hrs
- A 'dance' performance The supply of any hot food or drink between 23:00 and 05:00 hours
4. Situation within the Authority
4.1 South Ribble is situated at the heart of central Lancashire, covering 44 square miles immediately to the south of the River Ribble.
4.2 South Ribble's location and the excellent transport links to regional and national road and rail networks, together with the proximity of major airports has made it an attractive location in the region for new housing and commercial development.
4.3 The population in South Ribble is approximately 103,900, which has remained relatively stable over the last decade following a period of rapid growth in the 1970s and 1980s.
4.4 The main townships in the borough are Leyland, Penwortham, Walton-le-Dale, Bamber Bridge and Lostock Hall, which also form the main employment and shopping centres. However, there is a mix of urban and rural landscapes and more than 80% of the borough is designated as greenbelt. The western parishes and the eastern areas of the borough are largely rural.
5. Right of Application/Representation
5.1 Nothing in the Statement of Policy will:
- Undermine the rights of any person to apply under the Act for a variety of permissions and have the application considered on its individual merits, and/or
- Override the right of any person to make representations on any application or seek a review of a licence or certificate where they are permitted to do so under the Act.
6. Consultation Process
6.1 The statement has been developed after proper consultation with statutory consultees as required by the Act plus other interested parties. A list of consultees is included as an appendix.
6.2 The policy has not been drawn up in isolation. The original policy was developed in conjunction with adjoining Lancashire authorities and takes account of the position in those adjoining authorities whilst being tailored specifically to the needs of the area of the licensing authority. Following review and further consultation additions and amendments have been made. Proper weight will be given to the views of all the persons/bodies consulted before this statement takes effect on 17/04/2020 and will remain in force for a period of not more than five years and will be subject to review and further consultation prior to 2025.