Licensing Act 2003 policy
B. Policy Statements: Part two
10. Prevention of Crime & Disorder
10.1 Licensed premises, especially those offering late night/early morning entertainment, alcohol and refreshment, can be a source of crime and disorder problems.
10.2 The licensing authority will expect operating schedules to satisfactorily address these issues from the design of the premises through to the daily operation of the business.
10.3 Applicants are recommended to seek advice from licensing authority licensing officers and the police, as well as taking in account, as appropriate, local planning and transport policies, and, tourism, cultural and crime prevention strategies, when preparing their plans and schedules.
10.4 In addition to the requirements for the licensing authority to promote the licensing objectives, it also has a duty under Section 17 of the Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in the borough.
10.5 The licensing authority will consider attaching conditions to licences and permissions to deter and prevent crime and disorder both inside and in the immediate vicinity of the premises.
10.6 Generally speaking, when considering the likely impact on crime and disorder of licence application, the licensing authority will give particular consideration to the following:-
a. the training given to staff in crime prevention measures;
b. the capability of the person in charge to ensure effective and responsible management of the premises;
c. physical security features e.g. where alcohol is stored;
d. applicants should consider, wherever possible, the installation of a CCTV system which is operated in accordance with the Information Commissioners Office current codes of practice. If installed, applicants are encouraged to keep all recordable images for a minimum of 28 days in line with guidance received from Lancashire Constabulary; an example of the standards and expectations for the use and management of CCTV systems is as follows; A Comprehensive CCTV system shall be installed at the premises and will meet the following criteria:
- The system will display on any recording the time and date of said recording;
- The system will record whenever the premises is open to the public;
- Any recordings will be retained for a minimum of 28 days after they are made and will be produced to an authorised officer on request, so long as said request is in accordance with the principals of the Data Protection Act or any subsequent or alternative legislation;
- As a minimum, the CCTV will capture a "head and shoulders" image of patrons entering the premises through the main pub entrance.
- Appropriate signage alerting customers to the use of CCTV shall be displayed in a conspicuous position at the premises.
- A competent person trained in the use of and operation of the CCTV shall will be in attendance at the premise at all times that licensable activities are taking place.
- Said person will be able to fully operate the CCTV system and be able to download data in a recognised format when requested.
- weapon detection and search facilities;
e. procedures for risk assessing promotions and events such as "happy hours" for the potential to cause crime and disorder, and the plans to minimise such risks;
f. measures to prevent the use or supply of illegal drugs including search and entry policies with particular care as to how seizures or finds are recorded and stored
g. the employment of licensed door supervisors in appropriate circumstances - such supervisors to be registered with the Security Industry Authority;
h. where licensed door supervisors are employed such supervisors should be equipped with 'clickers' for checking the numbers entering the premises; also an appropriate number of supervisors should be so employed
i. participation in pub watch scheme or any other appropriate scheme;
j. measures to be taken for the prevention of violence or disorder;
k. any agreed protocols with the police and other organisations and a commitment to co-operate and provide such evidence as the police may require;
l. the presence - or otherwise - of sufficient transport facilities to ensure that customers can leave the premises safely and swiftly.
11. Public Safety
11.1 The licensing authority notes that the public safety objective is concerned with the physical safety of the people using the relevant premises and not with public health, which is dealt with in other legislation.
11.2 The Act covers a wide range of premises that require licensing, including cinemas, concert halls, theatres, night-clubs, public houses, cafes/restaurants and fast food outlets/takeaways.
11.3 Each of these types of premises present a mixture of risks, with many common to most premises, while others are unique to specific operations. It is essential that premises are constructed or adapted or operated so as to acknowledge and safeguard occupants against these risks.
11.4 For a licence to be granted the licensing authority will require operating schedules that address these issues satisfactorily and applicants are advised to seek advice from licensing authority Health and Safety officers and the County Fire Officer before preparing their plans and Schedules. Consideration should be given in respect of the smoking legislation contained in The Health Act 2006. Applicants and licence/certificate holders should note that from 1st October 2006 the Regulatory Reform (Fire Safety) Order 2005 replaced previous fire safety legislation. As such any fire certificate issued under the Fire Precautions Act 1971 will have ceased to have effect as will any conditions imposed or transferred with the grandfather rights following the introduction of the Licensing Act 2003 unless the conditions and fire safety order are one and the same body; for example, designated sports grounds and stands where local authorities enforce the safety order. In such circumstances fire safety conditions should not be set in new licences, but conditions on existing licences will remain in force and be enforceable by the licensing authority.
11.5 Responsibility for complying with the Order rests with the "responsible person", which may be the employer, or any other person or people who may have control of the premises. Each responsible person must carry out a fire risk assessment which must focus on the safety in case of fire for all "relevant persons". Further information and guidance regarding the Order and fire safety legislation is available from the Communities and Local Government website www.communities.gov.uk/fire.
11.6 The licensing authority will consider attaching conditions to licences and permissions to promote public safety.
11.7 The issues that may be covered by conditions include:-
i. ensuring that adequate arrangements exist to enable the safe evacuation of persons, including the disabled in the event of an emergency;
ii. ensuring the maintenance of all escape routes and exits including external exits;
iii. ensuring that safety checks are carried out before the admission of the public and that details of such checks should be kept in a log book;
iv. ensuring that arrangements are made requiring any capacity limit imposed under the premises licence or club premises certificates is not exceeded;
v. ensuring that notices detailing the actions to be taken in the event of fire or other emergencies, including how the fire brigade should be summoned, are prominently displayed and protected from damage and deterioration;
vi. ensuring that the fire brigade must be called at once to any outbreak of fire, however slight, and the details recorded in a fire log book;
vii. ensuring that the local Fire Control Centre are notified as soon as possible if the water supply to any hydrant, hose reel, sprinkler, drencher or other fire extinguishing installation is cut off or restricted;
viii. ensuring that adequate and appropriate supply of first aid equipment and materials is available on the premises;
ix. ensuring that in the absence of adequate daylight, the lighting in any area accessible to the public, members or guests shall be fully in operation when they are present;
x. ensuring that emergency lighting is not altered;
xi. ensuring that where temporary electrical wiring and distribution systems have not been installed by a competent person, temporary electrical wiring and distribution systems are inspected and certified by a competent person before they are put to use;
xii. ensuring that any special effects or mechanical installation should be arranged and stored so as to minimise any risk to the safety of the audience, the performers and staff.
xiii. ensuring the employment of licensed door supervisors in appropriate circumstances - such supervisors must be registered with the Security Industry Authority (SIA).
xiv. where such licensed door supervisors are employed such supervisors should be equipped with 'clickers' for checking numbers entering the premises; also an appropriate number of such supervisors should be so employed
11.8 The list set out in the preceding paragraph is in no way intended to be exhaustive; for example, premises having indoor sports entertainments may well require additional conditions. Theatres and cinemas of course also have their own distinct requirements
11.9 The general principle throughout that the Licensing authority shall have recourse to is that conditions relating to public safety can only be imposed where they are necessary in the particular circumstances of the individual premises and should not duplicate other requirements of the law. For example, the law already provides that any person providing a service to the public must make reasonable adjustments that will enable disabled people to access them. No licensing condition should therefore be attached which conflicts or duplicates this requirement.