South Lakeland District Council LICENSING COMMITTEE

SOUTH LAKELAND DISTRICT COUNCIL South Lakeland House, Kendal, Cumbria LA9 4UQ www.southlakeland.gov.uk

You are requested to attend a meeting of the Licensing Committee on Tuesday, 30 November 2010, at 2.00 p.m. in the District Council Chamber, South Lakeland House, Kendal

Committee Membership

Councillors

James Airey Kathleen Atkinson Norman Bishop-Rowe Rob Boden Joss Curwen Sheila Eccles Clare Feeney-Johnson Clive Graham (Vice-Chairman) Frank Hodson Brendan Jameson Jamie Samson Hilary Stephenson Jo Stephenson (Chairman) Ted Walsh Peter Woof

22 November 2010 (date of despatch)

Debbie Storr, Corporate Director (Monitoring Officer)

For all enquiries, please contact:- Committee Administrator: Janine Jenkinson Telephone: 01539 733333 Ext.7493 e-mail: [email protected]

2 AGENDA Page Nos. PART I 1. APOLOGIES To receive apologies for absence, if any. 2. MINUTES 5 - 6 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 3 August 2010 (copy attached). 3. MINUTES OF LICENSING SUB-COMMITTEES 7 - 14 To receive the minutes of the meetings of Licensing Sub-Committees held on, 22 July 2010 and 17 September 2010 (copies attached) and for the Chairmen of the appropriate Sub-Committees to sign, as correct records. 4. DECLARATIONS OF INTEREST To receive declarations by Members of personal and prejudicial interests in respect of items on this Agenda. If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting. 5. LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public. 6. PUBLIC PARTICIPATION Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so before the commencement of the meeting. Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Democratic Services Manager on 01539 717440. (1) Questions and Representations To receive any questions or representations which have been received from members of the public. (2) Deputations and Petitions To receive any deputations or petitions which have been received from members of the public. 7. ANNUAL ALLOCATION OF STREET COLLECTION PERMITS 15 - 28 To enable Members to consider if they wish to review the current policy regarding the annual allocation of street collection permit’s within the District. 8. ZOO LICENSING ACT 1981 – PERIODIC INSPECTION OF ZOO LICENCE 29 - 38 FOR WILDLIFE OASIS, HALE, MILNTHORPE To consider whether it is appropriate to attach additional conditions on the Zoo Licence for Wildlife Oasis as a consequence of the premises departing from the type of species normally kept at the zoo. 9. THE LICENSING ACT 2003 - REVIEW OF STATEMENT OF LICENSING 39 - 110 POLICY 2011-13 To update Members on the review of the Council’s Statement of Licensing Policy in accordance with the statutory timetable contained within the Licensing

3 Act 2003 and to make recommendations to Council accordingly. PART II Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government Act (Access to Information) (Variation) Order 2006, specified by way of paragraph number) There are no items is this part of the agenda.

4 4 3.8.2010 Licensing

L/007 PUBLIC PARTICIPATION

RESOLVED – That there were no items on this part of the Agenda.

L/008 THE LICENSING ACT 2003 – REVIEW OF STATEMENT OF LICENSING POLICY

A draft Statement of Licensing Policy was presented to the Committee and Members were asked to consider whether they wished to propose any further amendments to the document prior to it being referred to public consultation.

The Committee requested that point 8.4 in the Review of Statement of Licensing Policy, be amended to read ‘The Licensing Committee will consist of between 12 – 15 councillors. And at page 36, the sentence be amended to read ‘A full Committee will consist of a minimum of 12 members, with a quorum of 4’.

The Principal Food, Licensing & Safety Officer made reference to the consultation document Rebalancing The Licensing Act. Members requested that a copy of the document be circulated for further consideration and an additional Licensing Committee meeting be scheduled to discuss the relevant matters and formulate a response to the questions presented in the document.

Some discussion took place regarding the importance of promoting the responsible sale of alcohol. The Committee was advised that offences relating to the sale of alcohol were dealt with by the courts and that there was no mechanism in place to ensure that incidents were reported back to the licensing authority. Members requested that the Licensing Officers highlight the importance of this issue to the relevant authorities.

RESOLVED - That

(1) subject to the amendments detailed above, the draft Review of Statement of Licensing Policy January 2011, be approved for public consultation purposes;

(2) the policy be subjected to consultation with stakeholders over a 3 month period commencing 1 September 2010 until 30 November 2010;

(3) the results of the consultation be reported to the Licensing Committee in December 2010 with a recommendation that the Policy, along with any proposed amendments arising out of the consultation, be forwarded to Full Council; and

(4) an additional meeting of the Licensing Committee be scheduled for 31 August 2010.

The meeting ended at 2.55 p.m.

5 Item 3 (1)

1 22.07.10 Licensing Sub

LICENSING SUB-COMMITTEE

Minutes of the proceedings at a meeting of the Sub-Committee held in the District Council Chamber, South Lakeland House, Kendal, on Thursday 22 July 2010, at 11.00 a.m.

Present

Councillors

Kathleen Atkinson Joss Curwen Brendan Jameson

Officers

Tony Houlihan (part) Licensing & Enforcement Officer Janine Jenkinson Assistant Democratic Services Officer Matthew Neal Solicitor to the Council David Spedding (part) Licensing & Enforcement Officer Lee Teasdale Democratic Services Assistant

LSC/001 ELECTION OF CHAIRMAN

RESOLVED – That Councillor Brendan Jameson be elected as Chairman for the meeting.

LSC/002 APOLOGIES AND RECONSTITUTION OF MEMBERSHIP

There was no change in membership of the Sub-Committee, and therefore no reconstitution of the membership was necessary.

LSC/003 DECLARATIONS OF INTEREST

RESOLVED – That no declarations of interest were made.

LSC/004 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That there were no excluded items on the Agenda.

LSC/005 INTRODUCTION

The Chairman introduced the Members of the Sub-Committee and those in attendance, and read out the procedure for the meeting to be used for consideration of the applications.

LSC/006 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – MR J A MARCHANT – APPLICATION FOR HACKNEY CARRIAGE DRIVER’S LICENCE

The Licensing and Enforcement Officer reported on an application which had been received for a Hackney Carriage Driver’s Licence for Mr J.A. Marchant. Members were requested to determine the application in the light of certain convictions which had been recorded against him. The details of the convictions were outlined in

6 2 22.07.10 Licensing Sub

section 3.1 of the report. The Sub-Committee was made aware of the statement of policy concerning the relevance of criminal convictions relating to the determination of application for a hackney carriage drivers’ licence.

Mr Marchant presented his case to the Sub-Committee, explaining that the last conviction had taken place 23 years ago, with the bulk of the convictions having taken place 31 years ago. He had therefore thought initially that he did not need to raise these convictions upon application. He described how for the last 21 years he had worked as a heavy goods vehicle driver for South Lakeland District Council without any problems, and that he had previously held a Hackney Carriage licence some 20 years ago.

Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the press and public, in making its decision, on the basis that legal advice would be received on possible legal proceedings arising from the decision being exempt information under Paragraph 12 of Schedule 12A of the Local Government Act 1972.

Having heard the facts of the case, and having heard the representations made by Mr Marchant, the Sub-Committee considered the circumstances put forward and decided that Mr Marchant was a fit and proper person to be granted a Hackney Carriage Drivers Licence.

RESOLVED – That;

(1) Mr Marchant be granted a hackney carriage drivers licence for a period of 12 months;

(2) subject to no further offences being recorded against the applicant during the 12 month period, delegated authorisation be given to renew the licence for a further 12 month period; and

(3) should further offences be recorded against the applicant, the applicant must report such offences to the Council and any subsequent applications be brought back to the Committee.

Note – The Sub-Committee adjourned at 11.25 a.m. and reconvened at 12.30 p.m. when the same Members were present.

LSC/007 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – MR M J CASSON-GRAVE – APPLICATION FOR HACKNEY CARRIAGE DRIVER’S LICENCE

The Licensing and Enforcement Officer reported on an application which had been received for a Hackney Carriage Driver’s Licence for Mr M.J. Casson-Grave. It was explained to the Sub-Committee that Mr Casson-Grave did not appear to meet the minimum requirement of medical standards approved by the District Council.

Dr. A Mackenzie, who had analysed the report at the request of the District Council, then explained to the Sub-Committee why he felt it appropriate that the application should be declined.

Mr Casson-Grave presented his case to the Sub-Committee. He clarified the full details of his visual impairment, and explained that since first acquiring a motorcycle licence at 17 he had only been involved in one accident, which he had not caused.

7 Item 2

3 3.8.2010 Licensing

LICENSING COMMITTEE

Minutes of the proceedings at a meeting of the Committee held in the District Council Chamber, Kendal, on Tuesday, 3 August 2010 at 2.00 p.m.

Present

Councillors

Jo Stephenson (Chairman) Clive Graham (Vice-Chairman)

Kathleen Atkinson Norman Bishop-Rowe Rob Boden Joss Curwen Sheila Eccles Frank Hodson Jamie Samson Hilary Stephenson Peter Woof

Apologies for absence were received from Councillors James Airey, Clare Feeney-Johnson, Brendan Jameson and Ted Walsh.

Officers

Janine Jenkinson Assistant Democratic Services Officer Nicola Hartley Solicitor Tony Houlihan Licensing & Enforcement Officer Simon Rowley Assistant Director ( Community Services) Andrew Smith Principal Food, Licensing & Safety Officer

L/003 MINUTES

In relation to Minute L/031, it was pointed out that that the last sentence of the paragraph should read “She urged the Committee to support the increase in Hackney Carriage fares”.

In addition, it was noted that Councillor Frank Hodson’s declaration of interest had been noted under L/029 and should have also been noted at Minute L/031.

RESOLVED – That, subject to the amendments detailed above, the Chairman be authorised to sign, as a correct record the minutes of the meetings of the Committees held on 24 March and 18 May 2010.

L/004 MINUTES OF LICENSING SUB-COMMITTEE

RESOLVED – That the minutes of the meeting of the Licensing Sub-Committee held on 29 March 2010 be received and the Chairman of the Sub-Committee sign them as a correct record.

L/005 DECLARATIONS OF INTEREST

RESOLVED - That it be noted that no declarations of interest were made.

L/006 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That it be noted that there were no excluded items on the Agenda.

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He advised Members that he had previously received 3 points on his licence for a speeding charge, but this had since lapsed.

Having heard the facts of the case, and having heard the representations made by all parties, it was

RESOLVED – That the application for a hackney carriage driver’s licence be refused on the following grounds:

(1) the Council has a duty to protect the public, and to be satisfied that any person with a hackney carriage driver’s licence is a “fit and proper person” to hold such a licence;

(2) the Council has adopted DVLA Group 2 medical criteria for hackney carriage drivers. This is supported by the current best practice advice which is contained in the booklet “Fitness to Drive: A Guide for Health Professionals”. This is further supported in the Department for Transport document, published in February 2010, entitled “Taxi and Private Hire Vehicle Licensing: Best Practice Guidance” and the publication “At a Glance Guide to the Medical Standards of Fitness to Drive”;

(3) the Sub-Committee was satisfied that Mr. Casson-Grave's vision in his right eye is worse than 6/60 under the Snellen test without any correction with spectacles or contact lenses. When corrective lenses are used, Mr. Casson-Grave’s eyesight is 6/60 in his right eye and 6/6 in his left eye;

(4) new applicants for hackney carriage drivers licences were considered to contravene the DVLA Group 2 medical criteria if the visual acuity, using corrective lenses is worse than 6/9 in the better eye or 6/12 in the other eye.”; and

(5) in Mr. Casson-Grave's case, his visual acuity is 6/6 in the better eye and 6/60 in the worst eye. Consequently, Mr. Casson-Grave fails to meet the criteria of the medical standards that are required by the Council for the grant of a hackney carriage driver’s licence.

The applicant was informed of his right to appeal to the Magistrates Court within 21 days following the Licensing Sub- Committee’s decision.

The meeting ended at 1.25 p.m.

10 Item 3 (2)

5 17.09.10 Licensing Sub

LICENSING SUB-COMMITTEE

Minutes of the proceedings at a meeting of the Sub-Committee held in the District Council Chamber, South Lakeland House, Kendal, on Friday 17 September 2010, at 10.00 a.m.

Present

Councillors

James Airey Hilary Stephenson Jo Stephenson

Officers

Nicola Hartley Solicitor Tony Houlihan Licensing & Enforcement Officer Lee Teasdale Democratic Services Assistant

LSC/008 ELECTION OF CHAIRMAN

RESOLVED – That Councillor Jo Stephenson be elected as Chairman for the meeting.

LSC/009 APOLOGIES AND RECONSTITUTION OF MEMBERSHIP

There was no change in membership of the Sub-Committee, and therefore no reconstitution of the membership was necessary.

LSC/010 DECLARATIONS OF INTEREST

RESOLVED – That no declarations of interest were made.

LSC/011 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That there were no excluded items on the Agenda.

LSC/012 INTRODUCTION

The Chairman introduced the Members of the Sub-Committee and those in attendance, and read out the procedure for the meeting to be used for consideration of the application.

LSC/013 LICENSING ACT 2003 – MOES GRILL, K VILLAGE, KENDAL – APPLICATION FOR PREMISES LICENCE

The Licensing Officer presented his report on the application for a premises licence made by Ms Jacqueline Clarke. The application sought authorisation to provide live music indoors between 10:00 and 23:00 hours, to provide late night refreshments indoors and outdoors between 23:00 and 24:00 hours (midnight), to supply alcohol for consumption both on and off the premises between 09:00 and 24:00 hours (midnight), and for the premises to be open to the public from 09:00 and 00:30 hours on the following day. Members were recommended to consider the representations

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and determine whether to grant the application, with or without conditions, or refuse the application.

An initial representation was made by Lillian Hopkins in her capacity as a South Lakeland District Council Planning Officer. She raised issues regarding a lack of noise insulation, stating concerns that the building had not been designed with the amplification of music in mind. Members questioned why the Environmental Health Department were not making a representation about such concerns; Ms. Hopkins stated that internal discussion with the Environmental Health Department had taken place. Members then queried whether any other conditions could have a bearing on the application, Ms. Hopkins responded that there were limits on the scale of food and drink usage, but that these figures only applied to internal usage and did not cover the external terrace.

Members raised concerns over the boundaries in which outdoor drinking could take place, and whether the planning application had granted the provision of outdoor drinking. Ms. Hopkins stated that there was a 100sq metre area that could theoretically be used by Moes Grill, which would raise issues that should have been considered as part of the planning process.

The Chairman then invited local residents in attendance at the meeting to make their representations to the Sub-Committee. The objections focused around the noise disturbance and public nuisance that it was felt would be caused by the live music and late night drinkers. Residents felt that the restaurant was in considerably too close a proximity to the houses across the river on West Street and if the application were to be approved in full it would adversely affect the quality of living for those who reside there.

The applicant’s representative, Mr Purves, was then invited to speak. He emphasised that the premises met all regulations for amplification of live music within. The outlet of Moe’s Grill based in Co. Antrim was also referenced, the applicant’s representative stating that it was within close proximity to a housing development and that noise had never been an issue with residents there. He stated that the applicant was willing to withdraw the application for the selling of alcohol for consumption off the premises, and not serve alcohol for consumption outdoors after 20:00 hours.

The Chairman then allowed questions to be put to the applicant by the Sub- Committee. Members queried the measures the applicant had in place for measuring noise, and the applicant’s representative confirmed that there was a limiter in place on their internal sound system. They would also be happy to work with the Environmental Health Department in measuring the noise levels and making sure they did not exceed acceptable levels, they also offered to employ SIA accredited door staff when live music is provided and to have secondary, internal doors fitted to prevent noise breakout when people are entering or leaving the premises.

The Sub-Committee also queried how often the applicant intended to have live music playing; the applicant stated that on average it would be one night a week.

The Sub-Committee adjourned for lunch at 12.35 p.m. and reconvened at 1.10 p.m., when the same Members were present.

The local residents and the applicant’s representative were then invited to make closing submissions.

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Note – The Sub-Committee retired in accordance with Resolution 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005 (as amended) in order to give further consideration to the application.

RESOLVED – That the application for the premises license seeking authorisation -

(1) To provide live music indoors between the hours 10:00 to 23:00 Monday to Sunday be refused;

(2) To provide late night refreshments indoors and outdoors between the hours 23:00 to 24:00 (midnight) Monday to Sunday be refused;

(3) To supply alcohol for consumption on the premises be granted between the hours of 09:00 to 23:00 Monday to Sunday, provided that such supply outside the building within the curtilage of Moes Grill shall cease not later than 20:00 hours, whereupon the tables and chairs will be brought back in the building; and

(4) To open the premises to the public be granted between the hours 09:00 to 23:30 Monday to Sunday.

The license is granted subject to the following conditions -

1. The license holder and/or the Designated Premises Supervisor or a person nominated by them, shall actively participate and be a member of the local Barwatch scheme for the area within which the premises is located.

2. Incidents of crime and disorder that occur on or near to the premises which cause concern to the Designated Premises Supervisor or other employees of the venue will be recorded in writing and reported to the Barwatch Committee in line with the Barwatch Constitution.

3. A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly read, and shall indicate that it is unlawful for persons under 18 years of age to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

4. Persons who appear to be under 21 years of age shall be required to produce proof of age by way of a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or a photo driving license or passport.

5. The mandatory conditions to be found in the Licensing Act 2003.

Reasons for decision

(1) Full consideration was given to the oral and written representations made by the local residents and the applicant, her representative and interested parties.

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(2) The report by the Licensing and Enforcement Officer was also taken into account.

(3) The Sub-Committee noted that there were no representations or objections from the Fire Authority, Health and Safety, Child Protection, Trading Standards or the Environmental Protection Department of the Council.

(4) The Sub-Committee was of the view that the amendment of the Premises Licence and the amended and additional conditions were reasonable, proportionate and necessary to enable the application to be granted whilst furthering the four licensing objectives.

(5) The Sub-Committee was concerned that the provision of live music and late night refreshments would be likely to have a seriously adverse effect on the quality of life for local residents in this predominantly residential area.

(6) The Sub-Committee believes that its decision represents a reasonable compromise between the ability of the Applicant to operate a viable family restaurant business and the entitlement of local residents not to be subject to unreasonable increased noise disturbance, especially after 23:00 hours.

(7) The Sub-Committee is not convinced that neither the premises as currently established nor the Applicant’s proposed business model are such as to offer the necessary reassurance in this regard.

(8) The prevention of public nuisance is a licensing objective. Noise disturbance can be a public nuisance. The authority is required to promote the licensing objectives. Granting a licence in circumstances where nuisance is likely to be caused will undermine that objective. The Council recognises that noise from licensed premises can cause great disturbance to people living and working near these premises if not properly managed or controlled.

The relevant parties were reminded of the right of appeal to the Magistrates Court against the decision.

The meeting ended at 3.10 p.m.

14 PART I

Agenda Item No:7

South Lakeland District Council Licensing Committee Meeting Date: 30 November 2010 Report Author: Mr David Spedding Portfolio: N/A Report from: Corporate Director (Monitoring Officer) Wards affected: All Key Decision: Not applicable Forward Plan: Not applicable ANNUAL ALLOCATION OF STREET COLLECTION PERMITS 1.0 PURPOSE OF REPORT 1.1 The purpose of the report is to request Members to consider whether they wish to review the current policy regarding the annual allocation of street collection permits within the District. The report has clear links to the Councils Environment and Sustainability portfolio and will ensure that our communities are free to participate and support street collections for the benefit of charitable or other purposes in a safe and proportionate manner. 2.0 RECOMMENDATIONS It is recommended that Members of the Licensing Committee: - (1) Consider the report and establish whether it is necessary or desirable to increase / decrease the number of street collection permits for each nominated area within the District. (2) Consider whether it is necessary to nominate further areas within Kendal Town allowing street collection permits to be held within the public areas of privately owned shopping areas. (3) Consider whether it is necessary to impose further conditions in order to control the competing demand for street collection permits throughout the District. (4) To allow requests for emergency permits to be issued in support of International, National, or Regional humanitarian disasters. Such authorisation to be delegated to the Assistant Director (Communities) and to the Public Health and Licensing Manager and must be issued to a recognised charity or fund raising organisation.

15 3.0 BACKGROUND 3.1 Street collections are regulated in order to ensure that collections for charitable purposes or other causes are provided within the District in a controlled manner. A robust policy will help to prevent fraud and unnecessary burden to our communities as a result of the competing demand for street collection permits. 3.2 In November 2009 the then Licensing Manager presented a report requesting Members to consider whether they wished to waive the current policy allowing Ambleside Rotary club to hold a street collection in excess of the policy allowance. On that occasion Members agreed to waive the policy and resolved that the Licensing Manager should present a report to the licensing Committee to include additional historical data on the take up of permits in order to enable it to carry out a review of the current arrangements. 3.3 The present policy for the annual allocation of Street Collection Permits provides that 30 permits be issued for both Kendal and Ulverston town centres. In addition 15 permits are issued annually in the areas of Cartmel, Grange, Windermere, Ambleside, Milnthorpe, Kirkby Lonsdale, Arnside, Coniston, Grasmere, Hawkshead and Sedbergh. 3.4 The annual allocation of Street Collection Permits is generally carried out on a ‘first come, first served’ basis, although it is normally standard practice to give priority to charities distributing their funds in the South Lakeland area. The current regulations in respect of street collections are attached to this report at Appendix 1. 3.5 For information the Licensing Committee last reviewed its policy on the allocation of street collection permits in 2002 as a result of a complaint from a charitable organisation that had been refused a street collection permit. The Committee resolved to increase the number of permits allocated to Kendal and Ulverston from 22 to 30. 4.0 RESEARCH AND CONSULTATION 4.1 As requested by the Licensing Committee, Officer’s have carried out a review of historical data between 2006 and 2010 in order to assist Members with their deliberations. • Cartmel, Milnthorpe, Arnside, Coniston, Grasmere, Hawkshead and Sedbergh (15 annual permits per town) Requests for permits have been under subscribed by 50% within the last four years. • Kirkby Lonsdale (15 annual permits) Requests for permits have been under subscribed by 25% over a four-year period. • Windermere, Ambleside and Grange (15 annual permits per town) Requests for permits have been over subscribed over the last four years. • Kendal and Ulverston (30 annual permits per town) Requests for permits have been over subscribed over the last four years. 4.2 It is clear that current allocation for street collection permits in Kendal, Ulverston, Windermere, Ambleside and Grange do not meet the needs of those wishing to fund raise for the benefit of charitable or other purposes. Management Team and Members should however be aware that there is a need to control the number of permits issued in a given area in order to control competing demand within the District. 4.3 In respect of the number of permits authorised for each area the Licensing Officer has consulted with twenty two ward councillors who represent the above mentioned areas in order to establish their views on the proposals as set out in part 5 of this report. As a result of that consultation six Members have responded but have raised no concerns in respect of the proposals.

16 4.4 Consultation has taken place with the five other local authority areas within Cumbria to establish how they control the allocation of street collection permits. It would seem that there is a variance in policy throughout the County. Some authorities only allow two permits per year to individual charities with exemptions given to Royal British Legion, and Local Mountain Rescue etc. Others only allow street collections to take place on Friday and Saturdays. Eden District Council determines street collections by allowing a specified number of permits to be issued to allocated areas of the District much like South Lakeland. They also apply various conditions in order to control competing demand. The Policy adopted by Eden District Council is attached at Appendix 2 for information. 4.5 Officers have raised concern that many collections held within the public areas of privately owned shopping areas within South Lakeland are not regulated by permits issued under the street collection regulations and as such our communities may be subject to fraud from unscrupulous collectors. 4.6 Consultation has therefore taken place with the Westmorland Shopping Centre, Elephant Yard and K Village, which are all privately owned. It would seem that the management of these premises do have robust control measures in place to authenticate street collections held within their premises. It is evident that the management of the privately owned shopping areas see street collections as an essential means to support local and national charities, encouraging local fundraising events in support of schools. It is interesting to note that Elephant Yard and Westmorland Shopping Centre both currently allow approximately 15 collections in their public areas per annum. Figures for K village are unknown. 4.8 The proposals set out in paragraph 5.1 to 5.6 of this report have been brought to the attention of the managers of Westmorland Shopping Centre, Elephant Yard and K Village. Westmorland Shopping Centre and Elephant Yard see the proposals as acceptable, necessary and proportionate in order to control competing demand by charities and other fund raising organisations without over burdening our communities. The Manager of K Village has consulted with Savills who run privately owned shopping centres nationwide. As a result of the Managers enquiries it is apparent that most shopping centres run by Savills generally control their own collections & issue permits to their own guidelines. The Manager does however feel that should Members determine that there is need to control street collection permits in privately owned shopping areas then the proposal outlined at paragraph 5.5 of this report would be acceptable. Mr Boyd and Mr Pickering representing Westmorland Shopping Centre and Elephant Yard have asked for permission to speak at the meeting and have submitted their representation by way of letter. Appendix 3 to this report refers. 4.9 For Members information none of the District Councils within Cumbria have required applications for street collection permits to be issued when a collection takes place in the public area of a private shopping area. Further consultation has taken place with authorities across the North West. Salford and Bury Council issue street collection permits but require applicants to seek permission from the owners of privately owned shopping areas. Warrington and Manchester City councils do not issue permits and leave it to the management of the privately owned shopping area to implement control measures applicable to their premises. It is clear that there is no consistency of approach in respect of Local Authorities controlling street collections within privately owned shopping areas. Paragraph 8.3 deals with the current legislation and has opinion from the Councils legal advisors. 4.10 Officers are aware that requests to support urgent humanitarian appeals through street collections within South Lakeland have been frustrated by the Councils current policy where the current allocation of permits have been over subscribed. Examples of this are

17 requests to fund raise in support of the regional flood disaster in Cockermouth and more recently the flooding in Pakistan. Following consultation it has been established that no other authority has given delegated power to officers allowing collections for urgent humanitarian disasters. 5.0 PROPOSAL 5.1 That the Licensing Committee consider the amendment of the current policy in order to determine applications through conditions and zoning of areas as set out in paragraph 5.2 to 5.6 below: -. 5.2 Introduce conditions to determine applications as outlined in annex 2 to this report with the exemption of The Royal British Legion who will be allowed 3 permits per area annually. 5.3 Retain the current number of street collections allocated to Cartmel, Milnthorpe, Arnside, Coniston, Grasmere, Hawkshead and Sedbergh to 15 permits per area annually. 5.4 To increase the number of street collection permits in the over subscribed areas of Kendal, Ulverston, Windermere, Ambleside and Grange by 5 permits per year on top of their current allocation. 5.5 To designate and allow a further 20 street collection permits to be issued to each of the following privately owned shopping areas within Kendal Town with the proviso that the applicant for a street collection permit seeks permission from the manager where the collection is to take place. The designated areas being the public areas of Elephant Yard, Westmorland Shopping Centre and K Village, Kendal 5.6 Allow through delegated arrangements to the Assistant Director (Communities) and to the Public Health and Licensing Manager for 5 further permits to be issued annually throughout the District where requests are made in support of emergency humanitarian disaster appeals as outlined at 4.10 of this report. 6.0 ALTERNATIVE OPTIONS 6.1 To retain and re affirm the existing policy 6.2 Implement all or a portion of the recommendations contained in this report in order to control the competing demand for street collection permits in South Lakeland. 6.3 Where Management Team and Members are minded not to designate private shopping areas under the Street Collection Permit Regulations (paragraph 5.5 refers) consideration should be given to increasing the number of street collection permits within Kendal town to 75 per year in order to meet demand. 7.0 NEXT STEPS 7.1 Should Members be minded to approve the amendment of the current policy the new arrangements would be put in place as from 1st January 2011. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 Should Members decide to regulate street collection permits as outlined in 5.5 or 6.3 of this report there would be a resource implication for the licensing section that would be required to issue and manage an increase in applications. However the Public Health and Licensing Manager believes that administration of permits is minimal and future applications can be processed effectively through on line application. 8.1.2 It should be noted that the legislation does not allow the Local Authority to make any charge for the issue of a street collection permit.

18 8.2 Human Resources 8.2.1 There are no human resource issues. 8.3 Legal 8.3.1 In pursuance of Section 5 of the Police, Factories etc. (Miscellaneous Provisions) Act 1916, as amended by Section 251 and Schedule 29 to the Local Government Act 1972, South Lakeland District Council have made regulations to collect money or sell articles for the benefit of charitable or other purposes. Regulations being adopted by the Council on the 11th November 1981. 8.3.2 Paragraph 5 of the Act allows South Lakeland District Council in granting a permit to limit the collection to such streets or public places or such parts thereof as it thinks fit. In effect paragraph 5 of the regulations allows the Council to set policy in respect of the numbers of permits issued. 8.3.3 Legal advice has been sought on the definition of a street and public place and the Solicitor to the Council is of the opinion that public areas of privately owned shopping malls should fall within the definition of a street and public place as outlined in the Section 45 (5) Charities Act 2006. The section states that a public place is a space that is either not in a building or if within a building, is a public area within any station, airport or shopping precinct. Legal opinion suggests that although the section within the Charities Act 2006 has not come into force it would be difficult to argue that the definition is anything other than what is already stated in the legislation. 8.4 Social, Economic and Environmental Impact 8.4.1 Positive economic benefits for local charitable organisations. 9.0 RISK ASSESSMENT Risk Consequence Controls required 1) Allowing too many street 1) Failing to control Implementation of a collection permits within the competing demand of balanced yet flexible street District. fundraisers. collection policy 2) Failing to meet the 2) Failure to allow support As above expectations of fundraisers for humanitarian disaster in respect of humanitarian may result poor publicity for disasters. the Council

10.0 EQUALITY AND DIVERSITY 10.1 Not applicable 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 Linked to the Corporate Plan 2010-13 objective 1.3 “People feeling safe” and 3.2 “ The visitor industry is sustainable and meets the needs of both local people and visitors. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 To amend the current street collection policy to ensure that fund raising organisations can operate effectively and in a controlled manner.

19 APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Current Street Collection Regulations made by South Lakeland District Council. 2 Street collection Policy Eden District Council 3 Letters from Elephant Yard and Westmorland Shopping Centre

CONTACT OFFICERS David Spedding, Licensing Officer, 01539797590 – d.spedding@southlakeland .gov.uk BACKGROUND DOCUMENTS AVAILABLE

TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 17.11.10 NB 16.11.10 251110 Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer N/A 30.11.10 16.11.10 Human Resource Services Manager 16.11.10

20 ANNUAL ALLOCATION OF STREET COLLECTION PERMITS APPENDIX 1 PURPOSE OF APPENDIX 1 The purpose of this Appendix is to provide information to Members in respect of the current regulations that are in place. SOUTH LAKELAND DISTRICT COUNCIL STREET COLLECTION REGULATIONS 1981 In pursuance of Section 5 of the Police, Factories etc. (Miscellaneous Provisions) Act 1916, as amended by Section 251 and Schedule 29 to the Local Government Act 1972, South Lakeland District Council hereby make the following regulations with respect to the places where and the conditions under which persons may be permitted in any street or public place within the District of South Lakeland to collect money or sell articles for the benefit of charitable or other purposes: - 1. In these Regulations, unless the context otherwise requires: - “Collection” means a collection of money or a sale of articles for the benefit of charitable or other purposes and the word “collector” shall be construed accordingly; “Promoter” means a person who causes others to act as follows; “Permit,” means a permit for a collection; “Contributor” means a person who contributes to a collection and includes a purchaser of articles for sale for the benefit of charitable or other purposes; “Collecting box” means a box or other receptacle for the reception of money from contributors. 2. No collection, other than a collection taken at a meeting in the open air, shall be made in any street or public place within South Lakeland District unless a promoter shall have obtained from the South Lakeland District Council a permit. 3. Application for a permit shall be made in writing not later than one month before the date on which it is proposed to make the collection; Provided that the South Lakeland District Council may reduce the period of one month if satisfied that there are special reasons for so doing. 4. No collection shall be made except upon the day and between the hours stated in the permit. 5. The South Lakeland District Council may, in granting a permit, limit the collection to such streets or public places or such parts thereof as it thinks fit. 6. (1) No person may assist or take part in any collection without the written authority of a promoter. (2) Any person authorised under paragraph (1) above shall produce written authority forthwith for inspection on being requested to do so by a duly authorised officer of the South Lakeland District Council or any constable. 7. No collection shall be made in any part of the carriageway of any street, which has a footway;

21 Provided that the South Lakeland District Council may, if it thinks fit, allow a collection to take place on the said carriageway where such collection has been authorised to be held in connection with a procession. 8. No collection shall be made in a manner likely to inconvenience or annoy any person. 9. No collector shall importune any person to the annoyance of such person. 10. While collecting: - a) A collector shall remain stationery; and b) A collector or two collectors together shall not be nearer to another collector than 25 metres; Provided that South Lakeland District Council may, if it thinks fit, waive the requirements of this Regulation in respect of a collection, which has been authorised to be held in connection with a procession. 11. No promoter, collector or person who is otherwise connected with a collection shall permit a person under the age of 16 years to act as a collector; Providing that South Lakeland District Council may permit persons of 14 years of age or more to act as collectors where it is satisfied that this is reasonable in the circumstances of a particular collection and that collectors under 16 years of age will be accompanied by an adult. 12. (1) Every collector shall carry a collecting box. (2) All collecting boxes shall be numbered consecutively and shall be securely closed and sealed in such a way as to prevent them being opening without the seal being broken. (3) All money received by a collector from contributors shall immediately be placed in a collecting box. (4) Every collector shall deliver, unopened, all collecting boxes in his possession to a promoter. 13. A collector shall not carry or use any collecting box, receptacle or tray, which does not bear, displayed prominently thereon the name of the charity or fund which is to benefit nor any collecting box which is not duly numbered. 14. (1) Subject to paragraph (2) below a collecting box shall be opened in the presence of a promoter and another responsible person. (2) Where a collecting box is delivered, unopened, to a bank, if may be opened by an official of the bank. (3) As soon as a collecting box has been opened, the person opening it shall count the contents and shall enter the amount with number of the collecting box on a list, which shall be certified by that person. 15. (1) No payment shall be made to any collector. (2) No payment shall be made out of the proceeds of a collection either directly or indirectly, to any other person connected with the promotion or conduct of such collection for, or in respect of, services connected therewith, except such payments as may have been approved by the South Lakeland District Council. 16. (1) Within one month after the date of any collection the person to whom a permit has been granted shall forward to the South Lakeland District Council: - (a) A statement in the form set out in the Schedule to these Regulations, or in a form to the like effect, showing the amount received and the

22 expenses and payments incurred in connection with such collection, and certified by that person acceptable to South Lakeland Council; (b) A list of the collectors; (c) A list of the amounts contained in each collecting box; and shall if required by the South Lakeland District Council satisfy it as to the proper application of the proceeds of the collection. (2) The said person shall also, within the same period, at the expense of that person and after the certificate under paragraph (1)(a) above has been given, publish in such newspapers as South Lakeland District Council may direct a statement showing the name of the person to whom the permit has been granted, the area to which the permit relates, the name of the charity or fund to benefit, the date of the collection, the amount collected and the amount of the expenses and payments incurred in connection with such collection. (3) The South Lakeland District Council may, if satisfied there are special reasons for so doing, extend the period of one month referred to in paragraph (1) above. (4) For the purposes of this Regulation “a qualified accountant” means a member of one or more of the following bodies: - The Institute of Chartered Accountants in England and Wales The Institute of Chartered Accountants in Scotland; The Association of Certified Accountants; The Institute of Chartered Accountants in Ireland. 17. These Regulations shall not apply: - (a) in respect of a collection taken at a meeting in the open air; or (b) to the selling of articles in any street or public place when the articles are sold in the ordinary course of trade. These Regulations shall come into operation upon the expiration of the period of one month beginning with the date on which they are confirmed by the Secretary of State, and all other street collection regulations having effect in the District of South Lakeland are hereby repealed with effect from the day on which these Regulations come into force. Any person who acts in contravention of any of the foregoing regulations shall be liable on summary conviction to a fine not exceeding twenty-five pounds, or in the case of a second or subsequent offence, not exceeding twenty-five pounds. The Common Seal of THE SOUTH LAKELAND DISTRICT COUNCIL was hereunto affixed this Eleventh day of November 1981 in the presence of: - ALAN F WINSTANLEY Clerk & Chief Executive These regulations are hereby confirmed by the Secretary of State and shall be published by the insertion of an announcement in two successive issues of two newspapers circulating in the South Lakeland District stating that such Regulations have been made and confirmed and that copies can be obtained from the South Lakeland District Council. Signed by the Authority of the Secretary of State G I DE DENEY Assistant Under Secretary of State, Home Office, Queen Ann’s Gate 18 November 1981

24 ANNUAL ALLOCATION OF STREET COLLECTION PERMITS APPENDIX 2 PURPOSE OF APPENDIX 1 The purpose of this Appendix is to provide information to Members in respect of policy set by Eden District Council.

Eden District Council adopted regulations and imposed conditions with respect to the places where, and the conditions under which, persons may be permitted in any street or public place within Eden District to collect monies or sell articles for the benefit of charitable or other philanthropic causes.

For the purpose of determining an application for a Street Collection Permit, the District shall be divided into the following zones: 1. Zones

1. Penrith

2. Appleby and Kirkby Stephen

3. Alston

4. M6 Services northbound and southbound at Southwaite

5. M6 Services northbound and southbound at Tebay

6. Anywhere within the District not falling within zones 1 to 5

2. No organisation shall be granted more than two permits per year per zone.

3. Each permit shall specify a single zone in which the permitted collection shall take place.

4. No more than one collection shall be permitted in each zone per day.

5. Street Collection Permits shall be issued only to local charitable bodies, which directly benefit the population of the District and registered charities.

6. Where the grant of a permit would be contrary to paragraphs 2 to 5 above and the applicant believes that the circumstances of their application justify the grant of a permit, the applicant shall be able to request that their application be considered by the Licensing Committee. When considering such an application, the committee may simply deal with the individual application or may, at its discretion, grant an organisation an exemption from any of the provisions of this policy subject to such conditions, as it considers appropriate.

26 ANNUAL ALLOCATION OF STREET COLLECTION PERMITS APPENDIX 3 PURPOSE OF APPENDIX 1 The purpose of this Appendix is to provide information to Members in respect of representations made by the Managers of Westmorland Shopping Centre and Elephant Yard.

Dear Mr Spedding,

Thank you for meeting with us in my office today regarding street collections. The Westmorland Shopping Centre allow between 10 - 15 collections per annum. Our policy is normally to allow one collection per month but in November and December we may increase these to allow collections by local Choirs and the Rotary Club. The Westmorland Shopping Centre feels it is important we should support our local community. We do contribute through sponsorship other sums of money to assist these projects. 1. We only allow in charities that we know from past events or we seek references to make sure they are bonafide. 2. Only one is charity allowed per month 3. They must supply in advance public liability insurance (max £2 million). 4. A maximum of two collectors. 5. Collectors must display I.D. 6. There must be no aggressive collecting 7. Collectors must sign in and out. I fully agree with South Lakeland District Council managing permits, vetting collectors and ensuring no more than one or two charities can collect in Kendal at any one time. Kendal is a very busy tourist town and the last thing we want to do is upset people by having too many collections after all they are our customers and we want them to return and not feel oppressed by the collectors. I am writing this letter so that it may be presented if you wish to the licensing committee. If you would like me to I am willing to attend and put the Westmorland Shopping Centres case in person.

Yours Sincerely Martin Pickering Centre Manager Westmorland Shopping Centre

Dear Mr Spedding, Thank you for speaking to me about charity collections in Kendal. I can confirm The Elephant Yard Shopping Centre accept between 10 – 15 collections per annum, the majority of these are local charities, schools and voluntary organisations. The Elephant Yard considers it important we should support our local community. Although we contribute funding to help the community and finance local events we also consider we should help the community raise funds and awareness through their own initiative. In this respect we encourage local primary school choirs to sing and raise money for their projects. We also welcome such voluntary organisations as The Kendal Lions, The Round Table and others to entertain and collect within our centre. On occasion we allow national charities to collect such as Air Ambulance, Cancer Care and The Children’s Hospice, but as a well- managed shopping centre we do not allow unscrupulous or over aggressive collectors on our property. With this in mind we investigate all organisations applying to collect and require them the supply the following. 1. Supply the names of two shopping centres the charity has attended within the last six months (these are contacted for references). 2. Only one charity allowed. 3. Supply in advance public liability insurance (max £5 million). 4. A maximum of two collectors. 5. Collectors must display I.D. 6. No aggressive collecting. 7. Collectors must sign in and out. 8. No food or drink allowed during collecting.

All collectors are told if we receive any complaint from our tenants or the public they will be asked to leave, centre management make regular checks on the collectors.

I do understand South Lakeland District Council can only allow a certain number of street collectors per annum but as stated we are a well-managed shopping centre so we consider an allocation of additional permits for our centre would enable us to continue helping the local communities. I fully agree with South Lakeland District Council managing permits, vetting collectors and ensuring no more than one or two charities can collect in Kendal at any one time. Kendal is a wonderful town, which attracts visitors and shoppers from a wide area, the last thing we want is the public being accosted on every street corner by over enthusiastic charity collectors. But as a responsible town we must try within reason to help people needing the support not received from governments in a difficult economic period. Please feel free to present this letter to the licensing committee or if required I am most willing to present my case in person. Yours Sincerely Mr Peter Boyd Centre Manager The Elephant Yard Shopping Centre

28 PART I

Agenda Item No: 8

South Lakeland District Council LICENSING COMMITTEE Meeting Date: 30 November 2010 Report Author: Mr David Spedding Portfolio: N/A Report from: Corporate Director (Monitoring Officer) Wards affected: Arnside and Beetham Key Decision: Not applicable Forward Plan: Not Applicable Zoo Licensing Act 1981 – Periodic inspection of Zoo Licence for Wildlife Oasis, Hale, Milnthorpe

1.0 PURPOSE OF REPORT 1.1 This report is presented to the Licensing Committee in order for Members to consider whether it is appropriate to attach additional conditions on the Zoo Licence for Wildlife Oasis as a consequence of the premises departing from the type of species normally kept at the zoo. There are links to the aspirations of the Councils Corporate Plan in respect of the best place to live, work and visit as this report has implications in respect of public safety and tourism. 2.0 RECOMMENDATIONS It is recommended that Members of the Licensing Committee: - (1) Consider the report and establish whether it is necessary or desirable to implement additional conditions which are deemed necessary or desirable for the proper conduct of the Zoo during the period of the licence. (2) Remove conditions 6 (a) to (c) from the current Zoo licence as a result of the licence holder implementing those conditions satisfactorily. 3.0 BACKGROUND 3.1 Mr and Mrs Marsden are the current owners of Lakeland Wildlife Oasis, Hale, Milnthorpe and have held a licence to operate a Zoo since 1991 subject to the conditions attached to the licence under the provisions of Section 5 of the Zoo Licensing Act 1981. (Appendix 1 refers) 3.2 The current licence expires in April 2014 and the premises are subjected to periodic and informal inspections as required by the relevant legislation. Members should be aware that the premises currently operate under a section 14(2) dispensation as the animal

29 collection in respect of hazardous and or conservation sensitive species does not exceed 50 specimens. 3.3 The owners of the premises are working to a general development plan and as part of that scheme the premises are introducing a “snow leopard” to the collection. It should be noted that it is intended to include a facility suitable for breeding as snow leopards are listed by the International Union for the Conservation of Nature as endangered. Appendix 12 of the Secretary of States Hazardous Animal Categorisation list specifies that a snow leopard is categorised as a section 1 greater risk animal and therefore subject to a more robust risk assessment. If necessary, Members can obtain further information from the applicant’s representative.

3.4 Members should be aware that section 5 of the Zoo Licensing Act 1981 gives the local authority discretion to attach any condition deemed necessary or desirable for the proper conduct of the zoo during the period of the licence. The current licence for Wildlife Oasis does contain discretionary conditions which were attached to the licence by the Local Authority in April 1996 and are consistent with those recommended in Annex C to Home Office Circular 2/2003 as amended by the Zoo Licensing Act 1981 (Amendment) Regulations 2002.

3.5 Section 16 of the Zoo licensing Act 1981 provides the local authority with the power to alter licences. This can be done by varying, cancelling, attaching new conditions or by a combination of these methods if in their opinion it is necessary or desirable to do so for ensuring the proper conduct of the zoo during the period of the licence. Before exercising this power the local authority are required to give the licence holder an opportunity to make representations.

However before a significant amendment is made to the licence the local authority is required to consult with the licence holder and arrange an inspection of the premises which should be conducted by a Secretary of State nominated inspector

4.0 RESEARCH AND CONSULTATION 4.1 The Councils Licensing Officer has been in liaison with the operators of the Zoo in respect of their new acquisition and has arranged for the Zoo to be inspected by an appropriate person nominated by the Zoo Licensing Inspectorate. Mr Greenwood (International Zoo Veterinary Group) has been appointed by the Department of Food and Rural Affairs and inspected the premises on the 12th August 2010. Following inspection Mr Greenwood has not raised any animal welfare concerns but has made minor recommendations to the licence holders in respect of premises management. He did not find it necessary to request the Council to attach additional conditions on the licence. 4.2 The Councils Health and Safety Officer has inspected the new enclosure and associated escape procedures and is satisfied that the licence holders have implemented procedures to protect the public. For Members information the licence holders have consulted with Marwell Zoo and Paradise Wildlife Park in respect of security and the installation of a suitable enclosure for the acquisition. As a result of that consultation substantial standoff barriers, including ditches, hedges and wooden barriers, will be in place, maintaining a distance of at least 1.5m between the public the enclosure. There will be a tunnel going through the enclosure, which will be made of 10mm thick transparent acrylic. This thickness has been recommended by the supplier in order to ensure that it is fit for purpose.

30 4.3 Lakeland Wildlife Oasis has consulted with Cumbria Constabulary to ensure that a secure environment is provided to protect employees, the visiting public and wider community. Lakeland Wildlife Oasis has updated their procedures and risk assessment in order to deal safely and effectively with any emergency. A copy of the escape procedure drawn up by Lakeland Wildlife Oasis is attached to this report at Appendix 2. 5.0 PROPOSAL 5.1 It is recommended that Members of the Committee consider the report and remove condition 6 (a) to (c) from the zoo licence as the conditions have been satisfactorily implemented by the licence holders. 6.0 ALTERNATIVE OPTIONS 6.1 Members may be minded to attach further discretionary conditions on the Zoo licence where in their opinion it is necessary or desirable to do so to ensure the proper conduct of the zoo. 7.0 NEXT STEPS 7.1 In accordance with section 16(2) of the Zoo Licensing Act 1981 a Local Authority must give the licence holder an opportunity to make representations in respect of any additional conditions to be imposed on the licence. 7.2 Subject to no representations being made the licence will be amended in line with the recommendations of the Licensing Committee. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 Section 15 of the Zoo Licensing Act 1981 provides for Local Authorities to charge for reasonable expenses incurred by them including the costs incurred by the appointment of a Secretary of State inspector. The charges are set and have been determined in the Public Health and Licensing budget. 8.2 Human Resources 8.2.1 There are no issues in respect of Human Resources 8.3 Legal 8.3.1 Section 18 of the Zoo Licensing Act 1981 would allow the licence holder to make appeal to the Magistrates Courts within 28 days should the licence holder feel aggrieved by any additional condition being placed on the licence. 8.4 Social, Economic and Environmental Impact 8.4.1 Not necessary as the premises is regulated by legislation.

9.0 Risk Assessment Risk Consequence Controls required Failure to impose Public safety may be Appropriate conditions to conditions to ensure the compromised on an off site. be imposed on the Zoo proper conduct of the Zoo. licence where necessary

10.0 Equality and Diversity 10.1 There are no equality or diversity issues.

31 11.0 Links to the Corporate Plan and Performance Indicators 11.1 Linked to the Corporate Plan 2010-13 objective 1.3 “People feeling safe” and 3.2 “ The visitor industry is sustainable and meets the needs of both local people and visitors. 12.0 Conclusions and Expected Outcomes 12.1 Members are expected to consider the report and where necessary attach additional conditions on the Zoo licence should Members believe this is necessary or desirable to ensure the proper conduct of the Zoo APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Current Zoo Licence and conditions for Lakeland Wild life Oasis 2 Lakeland Wildlife Oasis Escape Procedure

CONTACT OFFICERS Mr David Spedding, Licensing Officer, 01539797590, [email protected] BACKGROUND DOCUMENTS AVAILABLE None TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 16/11/10 Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer N/A N/A 16/11/10 17/11/10 Human Resource Services Manager 16/11/10

32 Zoo Licensing Act 1981 – Periodic inspection of Zoo Licence for Wildlife Oasis, Hale, Milnthorpe APPENDIX 1 PURPOSE OF APPENDIX 1 The purpose of this Appendix is to provide Members with the conditions contained in the current Zoo licence issued to Lakeland Wildlife Oasis. 2 The conditions of the current Zoo licence for Lakeland Wildlife Oasis are as follows:- Insurance 1. Within once month of the date of the licence and one month of the date of renewal of the policy, where applicable, a copy of the zoo's current public liability insurance policy, and of subsequent renewals thereof, to be sent to the licensing authority. Stock List 2. A copy of the zoo's annual stock list, to be forwarded to the licensing authority by 1 April of the year following that to which it relates. Dangerous Animals 3. The licensing authority to be notified in writing at least one month in advance of the proposed addition of any animal listed in the Schedule to the Dangerous Wild Animals Act 1976, as amended, which is from a taxonomic order not previously kept in the zoo. Temporary Removal of Animals from the Zoo 4. The licensee to notify the licensing authority before the temporary removal from the zoo (other than for veterinary attention or inter-zoo movements) of any animal listed in the Schedule to the Dangerous Wild Animals Act 1976, as currently amended. Such notification to be given as early as possible and, in any case, no later than 12 hours before the removal, unless the zoo operator and licensing authority mutually agree a shorter period. When giving notification, details of the destination and method of transportation of the animal and of the arrangements for its well-being, as well as for the safety of the public whilst it is away from the zoo, to be provided. Escape 5. In the event of any non-domestic animal escaping from the confines of the zoo, notification shall be made to the licensing authority as soon as possible, and, in any case, not later than 24 hours following the escape. Additional Conditions 6 a) The food preparation area is re-planned so that more working space can be provided and such that thorough cleaning and maintenance is more easily affected and staff interaction is made easier. (6 months)

b) A specific area is created, away from any food preparation area or surface where minor veterinary treatments and/or post mortems can be undertaken (6 months). c) A development plan for the collection be prepared to include a regular and planned maintenance schedule for the collection and outlines of how the collection will be seen to develop in terms of animals kept contributions to education, conservation and research over the next 3-5 years. A copy of this to be shown to the local authority. (Within 18 months, or if the collection changes hands within 6 months of any change of

33 ownership). Mandatory Conditions (Conservation Measures) Please note that (i) to (v) below are alternatives and zoos need to undertake at least one of these options, whereas (vi) onwards are mandatory and will form part of your zoo licence. Section 1A specifies the conservation measures that zoos are required to undertake. These are: (i) Research from which conservation benefits accrue to species of wild animals (ii) Training in relevant conservation skills (iii) The exchange of information relating to the conservation of species of wild animals (iv) Where appropriate, breeding of wild animals in captivity (v) Where appropriate, the repopulation of an area with, or the reintroduction into the wild of, wild animals (vi) Promoting public education and awareness in relation to the conservation of biodiversity, in particular by providing information about the species of wild animals kept in the zoo and their natural habitats (vii) Accommodating their animals under conditions which aim to satisfy the biological and conservation requirements of the species to which they belong, including providing each animal with an environment well adapted to meet the physical, psychological and social needs of the species to which it belongs; and providing a high standard of animal husbandry with a developed programme of preventative and curative veterinary care and nutrition (viii) Preventing the escape of animals and putting in place measures to be taken in the event of any escape or unauthorised release of animals

(ix) Preventing the intrusion of pests and vermin into the zoo premises; and (x) Keeping up-to-date records of the zoo’s collection, including records of the numbers of different animals; acquisitions, births, deaths, disposals and escapes of animals; the causes of any such deaths; and of the health of the animals.

Zoo Licensing Act 1981 – Periodic inspection of Zoo Licence for Wildlife Oasis, Hale, Milnthorpe APPENDIX 2 PURPOSE OF APPENDIX 1 The purpose of this Appendix is to provide Members with information on how the premises licence holders will effectively deal with an on or off site escape of animals from the Zoo.

Lakeland Wildlife Oasis Uncia unica escape procedure

IF YOU FIND YOURSELF FACE TO FACE WITH AN ESCAPED SNOW LEOPARD: DO NOT APPROACH DO NOT RUN DO NOT TURN AWAY You will not be able to outrun it. Call for help and stand your ground.

STAND TALL AND LOOK TOUGH This will probably keep the animal away for long enough until help arrives. ANYONE ELSE GOING OUTSIDE after an escape call MUST BE WITH ANOTHER PERSON. Members of the public should not be allowed out of the café. In the event of the escape of U. uncia the following procedure will be followed: The staff member discovering the escape will Radio call sent out to all staff: Gobi Escape. Gobi Escape. Evacuate MoPs into the Café. Evacuate into the Café. Gobi sighted at location. Gobi sighted at location. Assemble escape team. Once this call is given radios, will only be used to answer questions asked by senior staff (firearms officers). Risk of the U. uncia attacking anyone can be significantly reduced if people stay in pairs and children are quickly but calmly evacuated, and if everyone follows the stand tall look tough rules.

Café Staff and MoP Evacuation • Café and reception staff will ensure that all members of the public are assembled in the Shop and Café area. A head count will be conducted and checked against admissions. Once everyone is accounted for a radio call will be given out: All MoPs counted in the café. All MoPs counted in the café. list staff in café. list staff in café. Outdoor area is clear. Outdoor area is clear. Or: X. people unaccounted for. X. people unaccounted for. (if staff name them, if members of the public give any known details) • Whilst the head count is being undertaken a café staff member will call the police firearms team. They will ask for: agreed phrase – to be produced by firearms dept. • LWO firearms officer(s) collect firearms and make a circuit of the outdoor section of the zoo. Three staff members will go out, so that one can return with any members of the public found outside, leaving two staff outside (including LWO Firearms Officers). • If there are any children they will be kept surrounded by adults, as this is the most likely age group to be in danger from U. uncia, and the presence of adults is likely to deter U. uncia. • Café staff will direct firearms officers to the location of the LWO officers, and the escapee, listening to the radio at all times, but not using the radios unless absolutely necessary. • Café staff will keep members of the public calm, explain the situation and that they are being kept inside for their own safety. • NOBODY will leave the building until the senior staff member has personally (i.e. not by radio) returned to the Café and stated that it is safe to go outside. • The senior staff member will only make this recommendation having spoken to the police firearms unit and once the escapee is no longer considered a danger. Risk of the U. uncia attacking anyone can be significantly reduced if people stay in pairs and children are quickly but calmly evacuated, and if everyone follows the stand tall look tough rules.

LWO Firearms Team

• LWO Firearms officers attempt to locate the individual. If a suitable shot the firearms team will shoot, but only if confident about backdrop, accuracy and that the area is clear. • If the escapee moves aggressively towards a person, or moves to leave the site perimeter firearms officers may shoot at the animal with a shotgun. • Due to our rural location and the proximity of the A6 firearms officers should be naturally hesitant about taking a shot at the escapee if it appears unnecessary, especially before the area is evacuated. • Once Police firearms officers arrive zoo staff will liaise with them. Police firearms officers will have precedence over LWO officers, and LWO firearms officers will standby safely. ¾ It may be possible to use the dart gun to sedate the escapee and return it to its enclosure. This option will only be taken if there are no members of the public in the surrounding area (i.e. everyone is evacuated) and the escapee is in a position where it is not an immediate danger to anyone, or likely to leave the perimeter. o If darting is possible the animal will be sedated, but a firearms officer will be standing ready to shoot the animal if it shows any signs of aggression whilst the sedative takes effect. This second individual must either be a LWO firearms officer or a police firearms officer.

If there is only 1 LWO firearms officer they will take the shotgun, not the dart gun.

Firearms are potentially more dangerous than the escapee. This should be remembered when assessing the use of firearms as a safety measure. Risk of the U. uncia attacking anyone can be significantly reduced if people stay in pairs and children are quickly but calmly evacuated, and if everyone follows the stand tall look tough rules.

Part l

Agenda Item No: 9

South Lakeland District Council LICENSING COMMITTEE Meeting Date: 30 November 2010 Report Author: Tracy Howard – Public Health & Licensing Manager Portfolio: N/A Report from: Corporate Director (Monitoring Officer) Wards affected: All Key Decision: PD10/004/E&S Forward Plan: 1st August – 30th November 2010

The Licensing Act 2003 - Review of Statement of Licensing Policy 2011-13

1.0 PURPOSE OF REPORT 1.1 This report updates Members on the review of the Council’s Statement of Licensing Policy in accordance with the statutory timetable contained within the Licensing Act 2003. The draft Policy has been consulted extensively with stakeholders within South Lakeland. The expected outcome of the reviewed policy will support and strengthen the authority’s 4 licensing objectives namely:

Prevention of crime and disorder Protecting public safety; Preventing public nuisance Protection of children from harm

2.0 RECOMMENDATIONS It is recommended that Committee: (1) Note the consultation undertaken with stakeholders during the period 1 September 2010 to 30 November 2010, and note that no responses have been received during this consultation; (2) Recommend to full Council that the revised Statement of Licensing Policy as attached to this report be adopted. (3) Note the Government Consultation Paper and response made by the Cumbrian Licensing Manager Forum to the Home Office Consultation Paper ‘Rebalancing the Licensing Act’

3.0 BACKGROUND 3.1 Licensing Committee received a report at its meeting on 3 August 2010. Section 5 of the Licensing Act 2003 provides that each licensing authority must, in respect of each three year period, determine its policy with respect to the exercise of its licensing functions, and publish a statement of that policy before the beginning of the period. In January 2005, during the transitional period leading up to the implementation of the Licensing Act 2003, this Council established its first licensing policy in preparation for receiving applications for premises licences later that year. In December 2007 the Council adopted a revised Statement of Licensing Policy. 3.2 There have been national licensing policy changes and a local re-focus of licensing priorities in Cumbria since the policy was last amended. 3.3 Members are aware of the Home Office consultation paper ‘Rebalancing the Licensing Act’ which may have an impact on the revised Licensing Policy. The Government plans to overhaul the current licensing regime, in order to give more power to local authorities and police. A response to this consultation paper was made jointly through the Cumbrian Licensing Managers Forum. A copy of this response is included as Appendix 3 for information.

4.0 RESEARCH AND CONSULTATION 4.1 In Cumbria, the Licensing Managers Working Group of which South Lakeland District Council is a part, have developed a template for the policy to promote consistency between the 6 local authorities. 4.2 Three months is the minimum consultation process defined in The Licensing Act 2003 and associated statutory guidance. 4.3 Before determining its policy for a three year period the licensing authority must consult with the following:- o The Chief Officer of Police for the area; o The Fire Authority for the area; o Such persons as the licensing authority considers to be representative of holders of premises licences issued by the authority; o Such persons as the licensing authority considers to be holders of club premises certificates issued by the authority; o Such persons as the licensing authority considers to be representative of holders of personal licences issued by the authority; o Such other persons as the licensing authority considers to be representative of businesses and residents in its area.

4.4 Suggested amendments to the policy have been prepared by officers having regard to changes to legislation and guidance since the policy was last revised and a copy is attached as Appendix 1 of this report with the proposed changes highlighted.

40 4.5 The approved policy will also be available on the Council’s website and a press release will be issued to inform the wider community. 4.6 Following the Licensing Committee on 3 August 2010, the draft revised Statement of Licensing Policy has been subjected to a consultation with stakeholders during the period 1 September 2010 to 30 November 2010. Details of the consultees are detailed within Appendix 4 of the revised policy. No responses to the draft revised policy were received following the consultation therefore no amendments have been made to the original draft considered by Members save in one respect. The Solicitor to the Council has advised that proposed amendments to the size and quorum of the Licensing Committee are better considered by the Corporate Director (Monitoring Officer) as part of the annual constitutional review. The proposed Licensing Statement of Licensing policy has been amended in order to reflect this advice. 4.7 If as a result of the consultation referred to in paragraph 3.3 above further changes come about from government, then these will be considered as we move forward. At the present time, however, the Council has a duty to revise its current policy by January 2011. 5.0 PROPOSAL 5.1 That the Licensing Committee be requested to approve and recommend to Full Council adoption of the revised Statement of Licensing Policy. Due to advice from the Solicitor the Council regarding the appropriate timing of changes to the size of Licensing Committee and the quorum it is suggested that the size of Licensing Committee remain at 15 members.

6.0 ALTERNATIVE OPTIONS 6.1 There are no alternative options to this review of policy. The Council is under a statutory duty to review its Statement of Licensing Policy, and publish a revised policy by January 2011. Committee however could resolve to recommend amendments to the policy.

7.0 NEXT STEPS 7.1.1 If Licensing Committee approve the proposals within this report then Full Council will be requested to consider and approve the Revised Statement of Licensing Policy at its meeting on 21 December 2010.

7.2 If revisions need to be made to the draft policy the Council as the licensing authority, must publish the revised policy by no later than January 2011.

8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 No financial impacts apart from continuing officer responsibilities compiling report, communication methods and administrative costs during the consultation process. Expenditure is provided within existing budgets EUN 72 Public Health & Licensing.

41 8.2 Human Resources 8.2.1 Not applicable. There are no staffing implications. 8.3 Legal The Solicitor to the Council is aware of the Council’s duty to review the Licensing Policy. He has advised that the proposed amendments to the membership and quorum of the Licensing Committee are better considered by the Corporate Director (Monitoring Officer) as part of the annual constitutional review. To amend the membership of Licensing Committee at this stage would lead to the need to re consider the membership of other council committees. 8.4 Social, Economic and Environmental Impact 8.4.1 No sustainability impact assessment been carried out because this proposal is considered to have a neutral impact on sustainability. 8.4.2 The proposed Licensing Policy will generally support individuals and businesses by providing consistent and clear guidance on how the Council enforces the Licensing Act 2003.

9.0 RISK ASSESSMENT Risk Consequence Controls required Failure to review and In such circumstances, Procedures in place to publish a revised the Council would be ensure that the Statement of Licensing unable to properly fulfil its Statement of Licensing policy would constitute a statutory licensing Policy is reviewed and contravention of the responsibilities. subsequently published Licensing Act. in accordance with the statutory timetable.

10.0 EQUALITY AND DIVERSITY 10.1 Equality and diversity are considered as part of the overall licensing process.

11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 Linked to the objectives of the Corporate Plan 2010-13: 1.3 “People feel safe”, and 3.2 “The visitor industry is sustainable and meets the needs of both local people and visitors”. 11.2 Shared partnership vision objective of Sustainable Community Strategy for South Lakeland 2008-28 “By involving people and creating opportunities we will make South Lakeland the best place to live, work and visit”.

12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 Licensing Committee on 30 November 2010 to consider the revised licensing policy in light of the consultation exercise and the receipt of no public responses and to make a recommendation to Full Council to adopt the revised Statement of

42 Licensing Policy. Publication of the revised policy will take place in January 2011.

APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Draft Review of Licensing Policy 2011-13 2 Summary of changes of Draft Review of Licensing Policy 2011-13 3 Rebalancing the Licensing Act – response submitted by the Cumbrian Licensing Manager Forum to the Home Office consultation paper.

CONTACT OFFICERS Tracy Howard, Public Health & Licensing Manager – (01539) 797527 [email protected] BACKGROUND DOCUMENTS AVAILABLE The Licensing Act 2003 DCMS Guidance to the Licensing Act 2003, Section 182 Review of Licensing Policy Statement 2008-11

TRACKING

Assistant Portfolio Solicitor to CMT Scrutiny Director Holder the Council Committee 17/11/10 N/A 17/11/10 By email N/A Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer N/A 30.11.10 21.12.10 Y Y Human Resource Services Manager N/A

44 Appendix 1 Formatted: Font: Bold

LICENSING ACT 2003

REVIEW OF STATEMENT OF LICENSING POLICY January 2011

FOR THE PERIOD 2011-2013

Mrs TA Howard Public Health & Licensing Manager South Lakeland District Council South Lakeland House Lowther Street Kendal Cumbria LA9 4UD

Tel: 01539 797527 Email: [email protected]

Further copies may be obtained from the above address or from the Council’s website: - www.southlakeland.gov.uk

45 Foreword

Welcome to South Lakeland District Council’s revised statement of Licensing Policy. The Policy is reviewed every three years and sets out how the Council makes decisions regarding licensed premises. The Policy has been developed by the Cumbria Licensing Managers Group and a County – wide policy template has been used as a basis for the Policy. This will try and safeguard proportionality and consistency between the six local authorities in Cumbria. The Licensing Act requires South Lakeland District Council as the Licensing Authority, to prepare and publish a statement of Licensing Policy. This policy sets out the principles that the Council generally applies to promote the licensing objectives when making decisions on applications for licences under this act. Extensive consultation is undertaken before the policy is revised and published. The Sustainable Community Strategy for South Lakeland sets out our shared community’s vision to 2028. The Strategy was developed through South Lakeland Strategic Partnership and it represents a challenge for us and our partners to work together to deliver the services we each provide in a way that helps achieve that vision. The vision of the Community Strategy is:” By involving people and creating opportunities, we will make South Lakeland the best place to live, work and visit.

South Lakeland District Council's Corporate Plan 2010-13 sets our vision, how we will carry out our responsibilities and how we direct resources to achieve them. The work of the Public Health & Licensing Group and its partners is reflected in the Plan through its objectives to

Improve the quality of life in South Lakeland Protecting health & wellbeing Supporting the local economy Work with partners to help reduce crime and disorder Ensure people feel safe

South Lakeland is a large area covering some 600 square miles, embracing a wide variety of landscapes, including some of the most beautiful and spectacular scenery in the country. Large parts fall within two National Parks, the Lake District and the Yorkshire Dales. There is a link between the quality of the environment and the economy of the area. South Lakeland is a prosperous, healthy and attractive area making it one of the best places to live, work and visit. Licensing in South Lakeland is varied and challenging plays an important role in the Council’s service delivery to people and businesses. There are approximately 800 businesses and other organisations associated with the Licensing Act provisions. These include cinemas, theatres, restaurants, public houses, off licences, nightclubs and take-away outlets, village halls and community centres. The thriving food, drink and entertainment sector in the District is an important part of the local economy and this policy is critical to their continuing success and for attracting further investment and opportunity to the area. Balanced against this are the Council’s legal duties with regard to public safety, protecting health & wellbeing, preventing nuisance and commitment with its partners to reducing crime and the fear of crime. Guidance such as this Licensing Policy helps to advise businesses and individuals on how they can develop, as well as clarifying on how to operate a compliant business or licensable activity.

Cllr Brendan Jameson Leader of South Lakeland District Council

46 For further information about Licensing in South Lakeland or if you have any comments about the Licensing Policy, telephone the Council on 01539 733333, e-mail: - [email protected] or visit www.southlakeland.gov.uk

47 SOUTH LAKELAND DISTRICT COUNCIL

LICENSING AUTHORITY

STATEMENT OF LICENSING POLICY

CONTENTS

1. INTRODUCTION

2. FUNDAMENTAL PRINCIPLES

3. PERSONAL LICENCES

4. PREMISES LICENCES/CLUB PREMISES CERTIFICATES

4.1. The law 4.2. General policy 4.3. Prevention of crime and disorder 4.4. Public safety 4.5. Prevention of public nuisance 4.6. Protection of children from harm 4.7. Cumulative effect 4.8. Consideration of applications and the imposition of conditions 4.9. Transfer of licence 4.10. Variation to licence 4.11. Provisional statement

5. COMPLAINTS/REVIEW

5.1. Complaints 5.2. Review

6. ENFORCEMENT

7. PERMITTED TEMPORARY ACTIVITY

8. ADMINISTRATION/EXERCISE AND DELEGATION OF FUNCTIONS

APPENDIX 1 – TABLE OF DELEGATIONS

APPENDIX 2 – APPEALS PROCEDURES

APPENDIX 3 – GUIDANCE OF BEST PRACTICE

APPENDIX 4 – LIST OF CONSULTEES

APPENDIX 5 – CONTACT INFORMATION

49 1. INTRODUCTION

1.1. The Licensing Act regulates the licensable activities on licensed premises, by qualifying clubs and at temporary events.

1.2. South Lakeland District Council is a licensing authority (the authority) for the purposes of the Act. The Authority must carry out its licensing functions with a view to promoting the four licensing objectives, which are:

• the prevention of crime and disorder; • public safety; • the prevention of public nuisance; and • the protection of children from harm.

1.3. The Act makes provision about the regulation of four licensable activities, which are:

• The sale by retail of alcohol • The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club, • The provision of regulated entertainment, • The provision of late night refreshment,

1.4. Regulated Entertainment is:

• A performance of a play • An exhibition of a film • An indoor sporting event • A boxing or wrestling entertainment • A performance of live music • Any playing of recorded music • A performance of dance • Any other entertainment of a similar description to the music and dance categories above, and • The provision of facilities for enabling persons to take part in • making music • dancing, or • entertainment of a similar description for purposes which include the purpose of being entertained

50 1.5. Late Night Refreshment is:

• the supply, on or from any premises, of hot food or hot drink to the public for consumption on or off the premises between the hours of 11pm and 5am

1.6. Applicants are referred to the provisions of the Act for further information on licensable activities including limitations and exemptions.

1.7. Section 5 of the Act requires the authority to determine its policy for a three-year period as from 7th January 2005, and each subsequent period of three years with respect to the exercise of its licensing functions under the Act. It is required to publish a statement of that policy and this document is that statement. The policy is to be kept under review and shall be revised at such times as the authority considers appropriate.

1.8. Prior to determining its licensing policy, the authority consulted with various persons and organisations. The consultees and the procedure that was followed are set out in Appendix 4. The authority is grateful for all of the representations it received. The authority will also consult as required prior to revising its licensing policy.

1.9. In determining its policy, the authority considered the provisions of the Act and had particular regard to:

• the licensing objectives • the guidance issued by the Secretary of State under section 182 of the Act • the representations made following consultation • its duties and obligations under other legislation, including:

• The Disability Discrimination Act 1995 introduced measures to tackle discrimination encountered by disabled people in the areas of employment, access to goods, facilities and services and the management, buying or renting of land or property. For service providers, such as licensees:

• Since December 1996 it has been unlawful to treat disabled people less favourably than other people for a reason related to their disability;

• Since October 1999 they have had to make reasonable adjustments for disabled people, such as providing extra help or making changes to the way they provide their services; and From 2004 they will have to make reasonable adjustments to the physical features of their premises to overcome physical barriers to access.

• The Human Rights Act 1998 incorporates the European Convention on Human Rights and makes it unlawful for a local authority to act in a way that is incompatible with a Convention right. The Council will have particular regard to the following relevant provisions of the European Convention on Human Rights:

• Article 6 that in the determination of civil rights and obligations everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law; • Article 8 that everyone has the right to respect for his home and private life; and

• Article 1 of the First Protocol that every person is entitled to the peaceful enjoyment of his or her possessions, including for example the possession of a licence.

• The Race Relations Act 1976, as amended by the Race Relations (Amendment) Act 2000, places a legal obligation on our Authority to have due regard to eliminate unlawful discrimination; and to promote equality of opportunity and good relations between persons of different racial groups. South Lakeland District Council is committed to carry out extensive work to ensure that the Council meets the requirements of the Race Relations legislation.

• the Crime and Disorder Act 1998 – section 17 of that Act imposes a duty on local authorities to exercise their functions with regard to the impact on crime and disorder and the need to do all it reasonably can to prevent crime and disorder in its area

1.10. In addition to its powers under the Act, there is also a range of other legislation, which is relevant to the provisions of this Act. This includes:

• The Health and Safety at Work Etc. Act 1974 • The Town and Country Planning Act 1990 • The Environmental Protection Act 1990 • The Crime and Disorder Act 1998 (as amended by the Police and Justice Act 2006) • The Criminal Justice and Police Act 2001 • Regulatory Reform (Fire Safety) Order 2005 • The Anti-Social Behaviour Act 2003 • The Health Act 2006 • The Policing and Crime Act 2009 (This is not an exhaustive list)

1.11. The Authority will seek to use the full range of its powers in promoting the licensing objectives. Some relevant legislation gives powers to the police and other authorities to act. The authority will seek to work in partnership with those authorities, as well as with businesses and other interested parties, to promote the licensing objectives.

1.12. If representations are made conditions may be imposed on licences and certificates where they are necessary for the promotion of one or more of the four licensing objectives. These will be focussed on matters, which are within the control of individual licensees, and others granted relevant authorisations if no representations are made the only conditions that will be attached to a licence will be those that are consistent with the Operating Schedule and statutory conditions under the 2003 Act.

1.13. The authority has been careful to avoid duplication with other regulatory regimes in formulating its policy and will seek to avoid duplication in the exercise of its licensing functions. There will be free exchange of information between the relevant authority staff and relevant committees (including, for example, the planning applications committee). Applicants are encouraged to make any necessary applications for planning permission at the same time as they make an application for a licence.

1.14. The policy statements in this document are for the guidance of applicants in preparing applications and for those affected by proposals. They set out the usual stance that the authority will take in relation to applications. For applicants’ information, the reasons why policies have been adopted have often been summarised after the policy. The reasons are given for information only and do not form part of the policy. Brief summaries of the law have also often been included for guidance and ease of reference only; they are not intended to be either comprehensive or definitive.

1.15. Applicants are encouraged to discuss their circumstances/proposals with officers from the authority and other responsible authorities prior to submission of an application for a licence. Applicants are also encouraged to inform local residents and businesses of their intentions. It is hoped that this will help to minimise the possibility that relevant representations will be made objecting to the proposals. In this way, the authority and applicants will best be able to affect the grant of licences, which meet applicants’ requirements whilst promoting the licensing objectives.

1.16. Applications (including all accompanying documents) must be in the prescribed form and must meet all of the requirements of the Act.

1.17. Failure to submit an application in the correct form will result in that application being returned. The authority will endeavour to explain why the application is considered to be deficient and will invite the applicant to re-submit the application with all the required information.

1.18. The Act limits the representations, which can be made about, licence applications and who can make such representations. Essentially, representations must relate to one or more of the licensing objectives and must be made by a person living or

53 working in the vicinity of the premises or an organisation, which represents such persons. Anyone considering making an objection is invited to discuss their objection with licensing officers prior to submitting their representation.

1.19. In this document:

• “the Act” means the Licensing Act 2003. • “the authority” means the Licensing Authority, namely South Lakeland District Council • “the District” means the area within the authority’s jurisdiction • Unless indicated to the contrary the words and phrases defined in the Act shall have the meanings given in the Act when used in this document. • Any reference to the grant of a licence, certificate or provisional statement shall, unless the context indicates or it is specifically stated otherwise, include reference to the variation, review or renewal of a licence. • Policies in relation to premises licences shall also apply to provisional statements and club premises certificates unless it is expressly stated to the contrary or the context indicates otherwise • the authority shall not rely upon those paragraphs entitled “Reason” and in italics. These are included to explain why the authority reached a particular policy decision.

1.20 Words denoting any gender shall include all genders, words in the singular shall include the plural and vice versa, and words denoting persons shall include firms and corporations.

54 2 FUNDAMENTAL PRINCIPLES

2.1 The policy will promote the four licensing objectives contained 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 Nothing in the Statement of Licensing Policy will undermine the rights of any person to apply under the Act for a variety of permissions and have their application considered on its individual merits as well as against the relevant policy and statutory framework. It does not override the right of any person to make representations on any application or to seek a review of a licence or certificate where they are permitted to do so under the Act.

2.3 All licensing applications will be determined on their individual merits following consideration of the proposals in the application and any relevant representations. In general, licences will be granted on the terms applied for but licences will not normally be granted in terms which conflict with any of the policies in this document unless an applicant is able to demonstrate that the exceptional circumstances of their application justify a departure from the policy. The Authority will not depart from the policy if any of the licensing objectives will be undermined by a proposal in the application.

2.4 Licensing is about the control of licensed premises, qualifying clubs and temporary events within the terms of the Act. The licensing function cannot be used for the general control of anti social behaviour once consumers are beyond the direct control of the individual, club or business holding the licence, certificate or other authorisation concerned. However the Authority expects holders of a licence, certificate or permission to make every effort to minimise the impact of their activities and anti social behaviour by their patrons within the immediate vicinity of their premises.

2.5 The Authority is keen to promote the artistic and cultural life of the District and licensing will be approached with a view to encouraging cultural activities and innovative forms of public entertainment for the wider cultural benefits of communities generally. Only conditions strictly necessary for the promotion of the licensing objectives will be attached to a licence for activities of this nature, as the Authority is aware of the need to avoid imposing substantial indirect costs. Where there is any indication that licensing requirements are deterring such events, the policy may be reviewed with a view to investigating how the situation may be remedied.

2.6 The Authority aims to create a safe and family friendly environment with the District, particularly within the town centres. Applicants should give consideration to this when preparing their operating schedules.

2.7 It is recognised that it is ultimately for the DPS to decide how best to manage the premises. However, the Authority expects that Designated Premises Supervisors (DPS) should normally be on the premises when alcohol is supplied. Where they are

55 absent from the premises they will still be ultimately responsible for the actions of those they authorise to permit sales of alcohol. It is considered good practice that any such authorisations should be in writing. Where any person who does not hold a personal licence is authorised to sell alcohol, the DPS is encouraged to provide, or ensure that, the person has some training on the requirements of the Act and any conditions attached to the licence. It is recommended that a record of such training be maintained.

2.8 The Authority is aware that different areas and premises within the District have different characteristics and where possible will ensure that licence conditions reflect these. In particular:

• Villages of a more quiet and rural nature • Urban centres, particularly where redevelopment is being encouraged • Village halls and community type premises which are the centre of the community and run effectively by volunteers

2.9 The Authority recognises that there is a need to disperse people from town and city centres swiftly and safely to avoid concentrations, which produce disorder. The Licensing Committee will report any concerns to the local transport authority identified in the Local Plan.

2.10 The Licensing Committee will consider wider issues which may need to be given due consideration and will periodically receive reports on:

• Local tourism needs • Cultural strategy for the area • Economic development and job creation opportunities

56 3 PERSONAL LICENCES

The Law (Part 6 of the Act)

3.1. A personal licence is a licence granted to an individual, which authorises that individual to supply alcohol or authorise the supply of alcohol.

3.2. A person should submit an application for a personal licence to the licensing authority for the area in which they are ordinarily resident.

3.3. If granted a personal licence has effect for a period of ten years after which it can be renewed for further periods of ten years at a time.

3.4. An applicant for a personal licence must be aged 18 or over and must possess a licensing qualification and no personal licence held by him must have been forfeited in the period of five years ending with the date of his application (section 120(2) of the Act).

3.5. The authority will require all applicants to produce a Criminal Records Bureau certificate.

3.6. Only the police may object to the grant of a personal licence to an individual. Such an objection can only be made where the applicant has been convicted of a relevant offence or any foreign offence and the police consider that the grant of a licence would undermine the crime prevention objective.

3.7. Policy

Provided that the applicant meets the requirements of section 120 (2) (a), (b) and (c) of the Act, the application of an individual for a personal licence will be granted save that if the applicant has been convicted of a relevant offence which is unspent under the Rehabilitation of Offenders Act 1974, and the chief officer of police has given the authority an objection notice, a licence will not normally be granted unless the applicant can demonstrate that the grant to him of a personal licence would not undermine the crime and disorder prevention objective. In considering the application, the authority will afford the applicant a right to a hearing before its Licensing Committee or a sub-committee of the Licensing Committee. Applicants are referred to Section 8 of this document, dealing with the exercise and delegation of functions. The factors that the Council will take into account when considering representations in this matter include (but are not limited to) the following:

• the nature and type of the offence • how long ago the offence was committed • how serious the offence was

57 • whether the offence was premeditated or was the result of a genuine mistake • whether the applicant abused a position of trust when he committed the offence • whether the offence was motivated by discrimination • the conduct of the applicant since commission of the offence

Reason

The authority has a duty when exercising its licensing functions to promote the prevention of crime and disorder and the other licensing objectives. Unless the circumstances are exceptional, granting a licence to an individual with a relevant conviction would undermine the authority’s ability to promote the crime prevention objective. Personal licence holders are expected to act in accordance with the law and will be key to ensuring that the provisions of the Act, and any conditions attached to a premises licence, are complied with. The authority also has a duty under the Crime and Disorder Act 1998 to have regard to the effect on crime and disorder of the exercise of any of its functions and to do all it can to prevent such crime and disorder.

4 PREMISES LICENCES/CLUB PREMISES CERTIFICATES

Unless the context indicates to the contrary, the policies in this section shall relate to the grant of a premises licence, the issue of a provisional statement and the grant of a club premises certificate.

4.1.1. The Law (Part 3 of the Act):

A premises licence authorises the use of premises for one or more of the licensable activities. Premises may be any place including a piece of land. Applications can be made for a premises licence for any premises situated in the District.

4.1.2. An application for a premises licence will be required for large temporary events, which are outside the provisions relating to temporary event notices. (See also Paragraph 7)

4.1.3. Individuals, companies, charities and other specified persons and organisations may make applications. An individual may not apply unless he/she is aged 18 years or over.

4.1.4. An application can be made to the authority for any place used for licensable activities or recognised club activities within its area and the application must be accompanied by:

• The required fee • An Operating Schedule • A plan of the premises • If it is intended to sell alcohol a form of consent given by the person the applicant wishes to have specified in the Premise Licence as the Premises Supervisor.

4.1.5. The applicant will also be required to notify, and enclose a copy of the application and relevant attachments, to all Responsible Authorities for the South Lakeland District Council Licensing Authority area. These include:

• The Chief Officer of Police, Cumbria Constabulary • The Chief Fire Officer, Cumbria Fire & Rescue Service • Environmental Protection Group, South Lakeland District Council • Health & Safety Group, South Lakeland District Council • Planning Services, South Lakeland District Council (or Lake District National Park Authority or Yorkshire Dales National Park Authority as appropriate)

59 • Cumbria County Council Children’s Services • Cumbria County Council Trading Standards • Any Licensing Authority in whose area part of the premises is situated. • In relation to a vessel the appropriate authority; The Maritime and Coastguard Agency The Environment Agency The British Waterways Board

(Responsible Authorities may require event management plans, risk assessments and other documentation to be provided.) See Appendix 5 for contact addresses

4.1.6 All applications must be in the prescribed form and include all necessary documents. Applications may be in writing or sent electronically via Business Link or the Council’s electronic application facility. Those requirements are set out in Section 17 of the Act. Particularly important is the operating schedule, which must include a statement of the following matters:

• the relevant licensable activities • the times during which it is proposed that the relevant licensable activities are to take place • any other times when it is proposed that the premises are to be open to the public • where the applicant wishes the licence to have effect for a limited period, that period • where the relevant licensable activities include the supply of alcohol, prescribed information in respect of the individual whom the applicant wishes to have specified in the premises licence as the premises supervisor • where the relevant licensable activities include the supply of alcohol, whether the supplies are proposed to be for consumption on the premises or off the premises or both • the steps which it is proposed to take to promote the licensing objectives • such other matters as may be prescribed

4.1.7. Applicants will be required to advertise and give notice of their applications in the manner prescribed by Regulations.

4.1.8 Large Scale Events

The Authority would expect that organisers of any large scale events over 499 people, where licensable activities are to be taking place, to prepare an event management plan incorporating risk assessments.

60 4.1.9 Club Premises Certificates (Part 4 of the Act):

The authority may issue a “Club Premises Certificate” to a qualifying Club. The Certificate will specify that the premises may be used for one or more of the ‘qualifying club activities’ and that the Club is a qualifying Club in relation to each of those activities.

4.1.10 The qualifying Club activities are:

• The supply of alcohol by or on behalf of the Club to or to the order of a member of the Club;

• The sale by retail of alcohol by or on behalf of a Club to a guest or a member of the Club;

• The provision of regulated entertainment where that provision is by or on behalf of the Club for members of the Club or members of the Club and their guests

4.1.11 he Club is a qualifying Club in respect of the qualifying activities provided that, under the rules of the Club, • a person may not be admitted to membership, or be admitted as a candidate for membership, to any of the privileges of membership without an interval of at least two days between their nomination or application for membership or their admission, or • people becoming members without nomination or prior application may not be admitted to the privileges of membership without an interval of two days between them becoming members and their admission, and

the Club is established and conducted in good faith as a Club, and

• it has a minimum of 25 members.

4.2.0 GENERAL POLICY

4.2.1. The Authority shall consider the impact of licensable activities.

4.2.2. If representations are made when considering an application for a licence, the authority should take into account the following factors in assessing its likely impact on the licensing objectives in addition to other relevant matters:

• the nature of activities proposed, • the number of customers likely to attend the premises and the nature of the activities expected

61 • the location of the premises • the proposed hours of operation; • the level of public transport accessibility for customers either arriving or leaving the premises and the likely means of public or private transport that will be used by the customers; • the physical and accessible nature of the premises • the level of likely car parking demand in relation to the use of the premises in comparison with the existing situation and the likely effect on the movement of priority traffic; • the cumulative impact of licensed premises in an area; • the scope for mitigating any impact; • how often the activity is to occur.

4.2.3. In considering any application where premises are already licensed, or have in the past been licensed for any of the licensable activities (under this or previous legislation), the authority will take into account any evidence from a Responsible Authority or Interested Party of demonstrable adverse impact from the activity in the past and, if adverse impact has been caused, whether appropriate measures have been proposed or put into effect by the applicant to mitigate that adverse impact. The authority will also consider any changes of circumstances since the past problems occurred. Reason The prime purpose of this policy is to promote the licensing objectives. In furtherance of this aim the policy lists particular matters that the Authority will take into account in considering whether a licensed activity is likely to cause an adverse impact.

The aim of the policy is, therefore, to achieve a balanced approach to these issues. 4.2.4. The Authority will support the provision of culture, arts and indoor sporting events, including as music, theatre, street art and circuses and will encourage the Council and Parish Councils to seek premises licences for public spaces within the community in their own name.

Reason The policy statements in this document have been prepared following extensive consultation with a range of interested parties, including trade representatives and the local community. The wishes of applicants have been balanced with the public interest in promoting the licensing objectives. All limitations and restrictions on licences are considered necessary to promote the licensing objectives. Whilst the circumstances of an individual application may justify a departure from some of the policy statements, general adherence to the provisions of the policy will ensure consistency in decision making. This provides certainty for applicants and promotes public confidence in the licensing regime and the quality and safety of licensed premises.

62 4.3. Prevention Crime and Disorder

4.3.1 General Policy

The licensing authority’s starting point is to seek a reduction in crime and disorder throughout the District, consistent with its statutory duty under section 17 of the Crime and Disorder Act 1998. Licences may be granted if applicants can demonstrate that a positive reduction in crime and disorder will result, or that it will not increase, as a result of the application being granted.

4.3.2. In the event of representations being made, the Authority will generally not grant a licence where it is likely that the premises will be used for unlawful purposes or where it is considered that the use of the premises is likely to cause an increase in crime and disorder in the area. Where necessary, applicants are expected to consider the impact of their proposals on crime and disorder both within and in the vicinity of the premises and to propose practical steps in their operating schedule to prevent crime and disorder. Such steps could include:

• use of CCTV inside and outside the premises • use of metal detection or other search equipment or procedures • crime and disorder risk assessment in relation to the proposed activities • measures to prevent the use or supply of illegal drugs • ensuring that all staff are appropriately trained • Determine the safe occupancy capacity for the premises by carrying out a fire safety assessment • employment of sufficient security staff controlling admission and patrolling the interior and exterior of the premises (such staff will be required to be licensed by the Security Industry Authority). The Authority recognises that there is a greater need for security staff in some premises than in others. For example there will be a greater need for security staff in a town centre nightclub than in a village pub. • participation in Pub Watch, Best Bar None or other relevant schemes • agreed protocols with police and other organisations and a commitment to cooperate and provide such evidence as the Police require • ensuring that measures to disperse customers over an extended period and ensure customers leave the venue in an orderly fashion and without bottles or glasses

4.3.3. In the event of Police representations, the authority will not normally specify a person as a designated premises supervisor where that is likely to undermine the prevention of crime and disorder by reason of that person’s known past conduct. A person is likely to be considered unsuitable if he has previous unspent convictions for a relevant offence, notwithstanding that he has been granted a personal licence.

63 4.3.4. Crime and Disorder Reduction Partnership

Where appropriate applicants will be expected to have regard to the information published by the South Lakeland Crime and Disorder Reduction Partnership and consider the impact of their proposals on the issues identified as being of particular concern in the area for example:

• Violent crime • Fear of crime • Road safety • Anti-social behaviour

Applicants will be expected to propose steps to reduce the risks of such crimes increasing as a result of the licensable activities proposed.

Reason

The prevention of crime and disorder is one of the licensing objectives, which the Authority is under a duty to promote. The Authority recognises that some licensed premises can attract or encourage criminal behaviour, especially disorder problems where customers have consumed alcoho

4.3.5. Drugs

Policy

The Authority will expect licensees of venues likely to be affected by drugs to take all reasonable steps to prevent the entry of drugs into licensed premises, to take appropriate steps to prevent drugs changing hands within the premises and to take practical measures to prevent problems arising as a result of drug misuse. This must include the provision of free water (in accordance with legislation) and a disposal policy for drugs, needles and the development of a drugs policy.

In particular the Authority will expect licensees and other staff in such venues to be familiar with the contents of the book “Safer Nightlife” issued by the London Drugs Policy Forum and endorsed by the Home Office and will expect licensees to follow the guidance it contains in relation to the operation of their premises. Safer Nightlife and other information is available to download via the Council’s website at www.southlakeland.gov.uk

In appropriate cases the Authority will consider imposing these recommendations by way of licence conditions.

Reasons

Evidence indicates that more people are taking illegal drugs and are using a wider range than ever before. This is particularly true of what are often referred to as ‘recreational drugs’. Their misuse can hold grave dangers and has even led to fatalities.

Other factors coupled with the taking of the drugs may have contributed to these deaths, such as lack of drinking water, excessive drinking of water, an overly hot environment with inadequate ventilation, or a lack of adequate information about drugs.

Drugs alter the way people behave, so law controls their distribution and possession. Controlled drugs are usually manufactured and supplied illegally, which attracts criminal involvement in their distribution. Drugs manufactured illegally often vary in quality and strength. This puts people taking such drugs in danger.

The authority recognises that drug use by young people in a club environment is not something that is relevant to all licensed premises. However, many entertainment venues such as nightclubs and dance venues can be popular both with drug misusers and suppliers. It also recognises the difficulties for those running such premises in preventing the use and supply of drugs in their premises. However, it believes that steps can be taken to increase the safety of drug users on premises.

The purpose of this policy is to further the crime prevention objective and to ensure public safety by preventing a tragic loss of life caused by overheating and other factors brought about by and associated with drug abuse.

4.4 Public Safety

Policy

4.4.1 The authority may inspect any premises in respect of which an application has been made. Officers will determine on the basis of risk which premises require an inspection and will inform the applicants and arrange an appointment as soon as practicable.

4.4.2. Where an inspection is to be carried out, the authority’s licensing officers will aim to reduce inconvenience, confusion and inconsistency by co-ordinating inspections and visits along with representatives of the relevant Responsible Authorities.

65 4.4.3. A premises licence will not normally be granted unless the premises meet the statutory and any reasonable additional requirements of the Responsible Authorities.

4.4.4. It is acknowledged that the Act covers a wide range of types of premises including cinemas, concert halls, theatres, pubs, night clubs, private members’ clubs, shops, restaurants and takeaways. Each type of premises has different risks associated with it. It is essential that applicants assess all of the risks presented by their premises and proposes practical steps to ensure the safety of staff and customers.

4.4.5 The Authority considers that it is best practice for all applicants to assess the risks in relation to the following issues.

4.4.6. Electrical safety: - Any assessment should be carried out in the context of the proposed licensable activities and in relation the appropriate British Standards. Other relevant conditions may be imposed requiring such standards to be maintained throughout the period of the licence.

4.4.7. Fire Safety – The fire risk assessment completed in relation to the use of the premises should assist applicants in satisfying the fire and Rescue Authority that the public safety objective will be met. Each premises will be audited by the local fire protection team as dictated by that team’s own risk based audit programme.

4.4.8. Sanitation – Provision should be made for adequate sanitary facilities to be provided in accordance with the appropriate guidance and capacity of the premises (currently e.g. BS6465 or HSG 195 The Event Safety Guide).

4.4.9. Seating – Where customer seating is provided, it should be demonstrably safe in consideration of the intended activities and, again, should meet British Standards (currently BS5588).

4.4.10. Occupancy Limits – The authority will not generally impose conditions as to occupancy levels where these are adequately addressed by other controls but may do so in any other case where relevant representations are made. Capacities should be addressed in the fire risk assessment.

4.4.11. Maintenance - in event of representations beings made, the authority will normally impose conditions to secure the provision and adequate maintenance of premises and equipment and the compliance with any procedural requirements of any relevant organisation (where such conditions will not duplicate requirements under existing legislation). E.g. electrical safety, fire alarm, emergency lighting, ceiling certificate, structural survey. It will also expect that adequate records will be kept to demonstrate compliance with the above requirements.

4.4.12 Prevention of injury – injuries can be caused by many methods, and the availability of glasses and glass bottles in licensed premises may be a cause for concern. Where:-

66 • there is evidence of a current or past problem in relation to particular premises or a particular locality, or • in all the circumstances it is considered likely that such a problem might occur, and/or • premises are to be used primarily for the sale/supply and consumption of alcohol (particularly if those premises have little seating for patrons relative to their size/capacity)

applicants should give consideration to a policy as to the use of plastic, polycarbonate or toughened glass, and a policy not to pass glass bottles over the bar, either throughout the period of operation or at certain times or on certain occasions, and should include such policies in their operating schedule. If relevant representations are made and the Authority considers it to be necessary, it may impose conditions to secure this.

The Government believes that a risk-based, rather than a blanket approach to requiring licensed premises to use safer alternatives is the best way to tackle the problem of glass related injuries.

Reason

The Authority expects premises that are open to customers to meet the highest standards of the relevant organisations in order to best secure the safety of staff and customers. This is also one of the licensing objectives. The Authority believes that customers should feel confident that when they enter premises they will be safe.

4.5 Prevention of Nuisance

4.5.1 General policy on Licensing Hours

4.5.2. The authority recognises that fixed and artificially early closing times can lead to peaks of disorder and disturbance on the streets when large numbers of people leave licensed premises at the same time. Longer licensing hours, particularly relating to the sale of alcohol may therefore be a factor in reducing disorder at late night food outlets, taxi ranks and other sources of transport in areas where there have already been incidents of disorder and disturbance.

4.5.3. The authority will not seek to introduce any form of ‘zoning’ in relation to licensing hours. Zoning is defined as the setting of fixed trading hours within a designated area. All residents living in the vicinity of licensed premises have equal rights to make representations concerning applications for and review of premises licences, including hours of trading and to have those representations given equal weight regardless of where they live.

67 4.5.4. Shops, stores and supermarkets will generally be permitted to sell alcohol for consumption off the premises during the normal hours they intend to open for shopping purposes. However, in the case of individual shops that are known to be a focus of disorder and disturbance then, subject to representations from the police, a limitation on licensing hours may be appropriate.

4.5.5. In general, the authority will deal with the issue of licensing hours on the individual merits of each application. However, when issuing a licence, stricter conditions are likely to be imposed with regard to noise control in the case of premises that are situated in predominantly residential areas and other noise sensitive locations.

Reason

Experience in other areas shows that zoning can lead to additional problems including the movement of people in search of premises opening later and can put greater pressure on town centres than is necessary.

If the Crime and Security Bill 2010 becomes legislation then this may give Council’s Enforcement powers to cease late night opening in problem premises.

4.5.6. Policy - Location of premises

4.5.7. The authority will assess the potential impact of the premises against the characteristics of the area in which they are situated. For example, in the event of representation being made there would be close scrutiny of applications for a closing time of later than 11 pm in respect of premises situated in quiet residential areas with low background noise. Greater flexibility on closing times would be considered where for example, applicants could demonstrate that

• there is a high level of accessibility to public transport services

• there is an appropriate amount of car parking, readily accessible to the premises, and in places where vehicular movement will not cause demonstrable adverse impact to local residents

• the operating schedule indicates that the applicant is taking appropriate steps to comply with the licensing objective of preventing public nuisance.

• the licensable activities would not be likely to cause adverse impact especially on local residents, or that, if there is a potential to cause adverse impact, appropriate measures are to be put in place to prevent or minimise that impact;

68 Reason

This part of the policy dealing with opening hours is based on a broad distinction between the approach to be taken in certain predominantly commercial areas like parts of the town centres and the rest of the District.

Any activity involving public entertainment or eating or drinking on the premises has the potential to impact adversely on the surrounding area due to noise, smells, or congestion on the footway. Public nuisance may also be caused by customers being noisy when leaving, leaving litter or taking up on-street car parking space needed by residents. The impact of noise generated by these activities, especially customers departing either on foot or in cars, is particularly intrusive at night when ambient noise levels are much lower.

Parts of the District are sensitive to the impact of licensable activities because they are either residential in character or close to residential areas. Many shopping areas are abutted by residential areas, including housing above commercial premises. The impact of traffic and parking related to licensed premises can be considerable. Even where a majority of customers arrive on foot or by public transport, the additional parking demand may be significant, especially where there are already a number of licensed premises. The impact may be felt by local residents in preventing them from parking close to their homes and by increasing the danger from traffic in residential streets.

However, some commercial areas in the District, such as parts of town centres, may be more suitable locations for licensed activities, especially for those, which have late opening hours or attract significant numbers of people. In town centres, more customers are likely to travel by public transport and the activities may help bring vitality to the area after normal shopping hours. The ambient noise levels are also likely to be higher in the evening particularly when compared with predominantly residential areas so that additional noise may be less objectionable.

An entertainment use attracting large numbers of people should be very close to bus routes or taxi ranks, for instance. For the same reasons, the level of public transport accessibility will be an important factor in considering any exception to the normal closing times in any location.

4.5.8 Noise

Policy

4.5.9 In the event of representations being made, the authority will not normally grant a premises licence in terms, which are, in its opinion, likely to result in increased noise disturbance to people living or working in the vicinity.

69 4.5.10 In particular, the Authority will give careful consideration to an application for a licence for premises situated in an area where there are residences in the vicinity which would be adversely affected, such that the proposed hours of operation would be likely to result in unreasonable noise disturbance between the hours of 11pm and 7am.

4.5.11 The Authority expects the applicant to assess the likely sources of noise disturbance that could arise due to the proposed use consider the existing noise context of the area and propose practical steps to prevent noise disturbance or minimise its effects.

4.5.12 Potential sources of noise include:

• sound leakage from the licensed premises (from entertainment provided, customers on the premises, mechanical equipment etc) • customers and staff arriving and leaving the premises (including car doors slamming) • excessive noise from outside entertainment • customers occupying outside areas for the purpose of smoking and/or the consumption of alcohol

4.5.13 Practical steps could include:

• keeping doors and windows closed whilst entertainment is provided • installing soundproofing measures to the premises (specialist double glazing, acoustic hoods over extractor fan outlets etc) • reducing sound levels inside the premises (inclusion of a sound limitation device in the sound system) • ensure that queues are directed to form leading away from residential premises • ensure that sufficient door security staff manage queuing and leaving customers to minimise noise • erect prominent notices at exits requesting customers to leave quietly • reduce the volume of music entertainment towards the end of the evening • giving free lollipops to customers leaving the premises • ensuring that sufficient transport is nearby to enable customers leaving the premises to disperse quickly • banning from the premises customers known to cause noise disturbance regularly on leaving the premises • ensuring that customers are encouraged to leave the premises (including any car park or forecourt) swiftly • ensure the volume of outdoor entertainment does not cause noise disturbance • terminating the provision of entertainment at a reasonable time

70 • the prospect of providing police supervision at closing times

4.5.14 The authority may impose conditions to ensure that appropriate steps are taken to minimise noise disturbance.

4.5.15 Live Music, Dancing and Theatre

4.5.16 The authority recognises the need to encourage and promote live music, dance and theatre for the wider cultural benefit of the community, particularly for children.

4.5.17 When considering applications for such events and the imposition of conditions on licences or certificates, the authority will carefully balance the cultural needs with the necessity of promoting the licensing objectives.

4.5.18 Consideration will be given to the particular characteristics of any event, including the type, scale and duration of the proposed entertainment, especially where limited disturbance only may be caused.

Reason

The prevention of public nuisance is a licensing objective. Noise disturbance can be a public nuisance. The authority is required to promote the licensing objectives. Granting a licence in circumstances where nuisance is likely to be caused will undermine that objective. The Council recognises that noise from licensed premises can cause great disturbance to people living and working near those premises. The authority recognises that noise can be a nuisance during the day and at night in both residential and commercial areas and other noise sensitive locations if not properly managed or controlled.

4.5.19 Tables and Chairs outside Premises including garden areas

Policy

4.5.20 The authority recognises that provision of tables and chairs outside premises either on the highway or on private land may enhance those premises. It can have the benefit of encouraging a continental style café culture. However, late at night these same tables and chairs can contribute to noise and disorder problems. This is because they can encourage patrons and passers by to loiter rather than disperse. Licensees should note that in certain areas, byelaws prohibit the consumption of alcohol in public. Before planning to use tables and chairs outside premises (particularly where it is intended that alcohol will be sold), applicants should ensure that they will not contravene any byelaws or orders. Applicants should also ensure that other legislation, for example in relation to highways, planning and smoking will not be contravened

4.5.21 In the event of representations being made, the authority will carefully consider any application where outdoor tables and chairs are proposed to be provided. In particular the Council will assess the premises in the context of their location, the

71 hours during which the premises are to be open, the proposed licensable activities and proposals for control of the tables and chairs outside the hours of operation.

Reason

This policy is designed to strike a fair balance between the needs of those wishing to enjoy refreshment in the open air and the need to prevent safety and nuisance problems.

4.5.22 Littering

Licences for premises, in particular for the provision of late night refreshment for consumption off the premises, will not normally be granted where nuisance is likely to be caused by way of litter/food refuse being deposited on streets surrounding the premises and such nuisance is expected, due to the nature of the premises and likely customers, to exceed the level of nuisance caused by similar premises open during the day (for which no licence is required). In their operating schedule, applicants are expected to propose practical steps to reduce the likelihood of such problems arising, which could include:

• provision of litter bins and smoking bins on/in vicinity of premises • litter patrols in the area after premised close (these could be organised in partnership with other premises or the local authority for example)

4.5.23 Conditions may be imposed seeking to limit the nuisance caused by litter.

Reason

Litter and food waste can be detrimental to the amenity of an area and can also represent a public health risk and encourage vermin. This policy seeks to prevent such nuisance occurring in promotion of the relevant licensing objective.

4.6. Protection of Children from Harm

General Policy

4.6.1. The authority will not normally impose conditions prohibiting the admission of children to any premises, unless relevant representations have been made, believing this should remain a matter of discretion for the licence holder. Licence holders should be aware that there may be restrictions imposed by various legislation. In some cases however, it may be necessary to impose conditions designed to protect children.

72 4.6.2. The authority will take strong measures to protect children from harm where it believes from the nature of the premises or proposed activities that harm would be likely. Examples of premises where the introduction of additional controls may be necessary are:

• Where entertainment of an adult or sexual nature is intended to be provided • Where those running or working at licensed premises have been convicted of offences of serving alcohol to minors or where there is evidence to suggest that such activities have regularly taken place in the premises • Where the premises are known to be associated with people taking drugs or dealing in drugs • Where there is a strong element of gambling on the premises • Where the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided at the premises • Where the nature of the proposed licensable activity is likely to be more harmful to children than to adults (for example if the likely level of noise from regulated entertainment is likely to be high) • In any other case where there is a presumption that children under 18 should not be admitted to the type of premises concerned • Where premises are located near to schools, youth clubs or other premises commonly used by children

4.6.3. In such circumstances while it may sometimes be necessary to impose a complete prohibition on the entry of children to the premises whilst licensable activities are being provided, this would be only rarely imposed. The Authority would normally be more likely to impose requirements such as:

• Limitations on the hours when children may be present • Limitations on the age at which children are to be permitted to enter the premises • Limitations or exclusions of children when certain activities are taking place • Requirements for accompanying adults • How the age of potential customers is to be verified both in terms of entry (where there are age restrictions) and in relation to the service of alcohol

4.6.4. Applicants should address the action they intend to take to protect children from harm in their operating schedules.

4.6.5. Where there is provision of entertainment specifically for children (e.g. a children’s disco) the Authority will require the presence of sufficient adults to control the access and egress of the children and assure their safety.

73 4.6.6. Where children are working in licensed premises or are taking part in any regulated entertainment the authority will expect the responsible adult to obtain guidance from the Cumbria Education Directorate.

4.6.7. The authority recognises the Cumbria County Council Children Services as the “Responsible Authority” under the Act, in respect of the protection of children from harm

4.6.8. Proof of Age

4.6.9. The Authority expects personal licence holders to ensure that alcohol is not supplied to children under 18 years of age, except in limited circumstances allowed by the law. The Authority would encourage premises licence holders to have written procedures for the prevention of under age sales.

4.6.10. The authority recommends that the only way to verify a person’s age is by reference to the following:

• Passport • Photo card driving licence issued by an EU country • An accredited proof of age scheme identity card • An official ID card issued by HM Forces or by EU country bearing the photograph and birth date of the bearer • Any other nationally recognised scheme as may from time to time be agreed

The authority recommends that any systems should be accredited and approved by the British retail consortiums Proof of Age Standards Scheme (PASS).

Reason

Children are vulnerable and can easily become the victims of crime or get drawn into crime. If they were allowed unrestricted access to all licensed premises, they could witness or become involved in activities inappropriate for their age. These policies are designed to allow flexibility for the licensee, to ensure that where appropriate licensed premises are “user friendly” for children but to ensure they are adequately protected. The policy seeks to ensure that children are adequately protected whilst still able to enjoy licensed premises.

74 4.6.11 Adult entertainment

Policy

4.6.12 No-one under the age of 18 should be permitted to enter premises whilst entertainment of an adult nature is being provided.

4.6.13 Adult entertainment should not take place in such a location as could be viewed from the outside of the premises. Advertising of adult entertainment should not include any photographs of the entertainment.

4.6.14 In the event of representations being made, applications which include provision for adult entertainment to be provided, will not normally be granted unless the applicant can demonstrate that performers will be safe and that unlawful activities will not take place.

4.6.15 In considering the grant of applications involving striptease nudity (partial or otherwise) and other forms or adult entertainment the Authority will also have regard to the increased risk of nuisance to nearby residents and will consider rejecting the application or attaching appropriate conditions.

Reasons

These policies are designed to further the licensing objective of protecting children by preventing them being exposed to unsuitable material or acts. They are also designed to further the crime prevention and prevention of nuisance objectives by recognising the increased risk of nuisance or illegal activities such as performers offering “extras” to customers or the plying for trade by prostitutes.

4.6.16 Where the Council has adopted Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by Section 27 of the Policing and Crime Act 2009, an application for a sexual entertainment venue licence must be made. This will be subject to a separate policy to be produced at a later date.

4.6.17 Exhibition of films

Policy

4.6.18 Where the exhibition of films is permitted the authority will expect the age restrictions of the British Board of Film Classification (BBFC) in respect of the films to be exhibited to be complied with and will normally impose conditions to that effect. Only in exceptional cases will variations of this general rule be granted by the authority and then only with appropriate safeguards.

75 4.6.19 Applicants will be expected to include in the operating schedule arrangements for restricting children from viewing age related films classified according to the recommendations of the BBFC.

4.6.20. Licensees will not generally be permitted to exhibit any films that are not classified by BBFC without the prior written consent of the authority.

4.6.21 To achieve consistency and the protection of children the authority will use the guidelines published by the BBFC. Where it is desired to show films not classified by the BBFC the authority will, provided at least 4 weeks notice has been given, classify the films concerned. Where licensees wish the authority to reconsider the BBFC classification of a film, a similar procedure will be followed.

Reason

To protect children from exposure to films containing adult themes including scenes of violence or of a sexual nature inappropriate to their age.

4.6.22. Staging of plays

Policy

4.6.21 The authority would not wish to impose any restriction as to the plays, which may be performed on premises licensed for that purpose. The law does not allow any conditions to be imposed regarding the nature of plays which may be performed or the manner in which they may be performed. However, where a play involves:

• The use of bad language • Nudity or the portrayal of sexual activity • Violence • Drug use, or • Other ‘adult’ themes or content

4.6.22 The authority may impose a condition in relation to the age of children who shall be permitted to watch the play. In this regard, the Authority will be guided by the BBFC guidelines relating to films and would encourage theatres and other venues which intend to stage plays to consider each play they intend to stage in the light of those guidelines and impose an age restriction where appropriate and/or ensure that sufficient information is given to parents in the promotional material for plays to allow them to make and informed choice as to whether to allow their child to attend.

76 Reason

To protect children from exposure to adult themes or content which is not appropriate to their age.

4.7 Cumulative Effect

Policy

4.7.1 Where the authority receives representations from a responsible authority or an interested party that the cumulative effect of licensed premises is leading to an area becoming saturated with premises the Authority will consider whether or not the granting of additional licences might lead to one or more of the Licensing Objectives being undermined.

4.7.2. The authority recognises that the cumulative impact of a number, type and density of licensed premises in a given area, may lead to serious problems of public nuisance and crime & disorder outside and some distance from the premises.

4.7.3 Where representations are received from a responsible authority/ interested party that an area has become saturated with premises, creating problems of disorder and nuisance over and above the impact from the individual premises, the authority will first consider whether the imposition of conditions is likely to address these problems and, if not, may consider the adoption of a special policy of refusing new premises licences or club premises certificates because the area is saturated with licensed premises and the granting of any more would undermine one of the licensing objectives.

4.7.4 The authority will take the following steps when considering whether to adopt a special saturation policy:

• identify serious and chronic concerns from a responsible authority or representatives of residents about nuisance and disorder • where it can be demonstrated that disorder and nuisance is arising as a result of customers from licensed premises, identifying the area from which problems are arising and the boundaries of that area • assessing the causes • adopting a policy about future licence applications from that area

4.7.5 A saturation policy will only be adopted where there is clear evidence to support any assertion that the addition of the premises in question would produce the cumulative impact claimed, taking into account that the impact will be different for premises with different styles and characteristics.

4.7.6 The authority recognises the diversity of licensed premises and will have full regard to those differences and the differing impact each has on the local community.

4.7.7 It therefore also recognises that, within this policy, it may be able to approve licences that are unlikely to add significantly to the saturation, and will consider the circumstances of each individual application.

4.7.8 Evidence of demand or need (or lack of the same) will not be considered.

4.7.9 Other mechanisms for controlling cumulative impact include:

• planning controls • positive measures to create a safe and clean town centre environment in partnership with local businesses, transport operators and other departments of the local authority; • the provision of CCTV surveillance in town centres, ample taxi ranks, provision of public conveniences open late at night, street cleaning and litter patrols; • powers of local authorities to designate parts of the local authority area as places where alcohol may not be consumed publicly; • police enforcement of the general law concerning disorder and anti-social behaviour, including the issuing of fixed penalty notices; • the prosecution of any personal licence holder or member of staff at such premises who is selling alcohol to people who are drunk; • the confiscation of alcohol from adults and children in designated areas; • police powers to close down instantly for up to 24 hours any licensed premises or temporary event on grounds of disorder, the likelihood of disorder or noise emanating from the premises causing a nuisance; • the power of the police, other responsible authorities or a local resident or business to seek a review of the licence or certificate in question.

These may be supplemented by other local initiatives that similarly address these problems.

Reason

It is not the policy of the Authority to seek to limit the number of licensed premises, which will be permitted because there are already enough licensed premises to satisfy the demand. That is not a matter for the Authority.

78 The ‘cumulative impact’ of the granting of an additional licence on the promotion of the Licensing Objectives is, however, a proper matter for the authority to consider under this policy and the authority may adopt a Special Saturation Policy.

The impact from licensed premises increases considerably in areas where there are concentrations of such premises. The adverse effects from licensed uses are particularly acute in some areas of the District both in and around town centres and elsewhere.

4.8. Consideration of Applications and the Imposition of Conditions

. Policy

4.8.1 On granting a licence, the authority may only impose conditions that are:

• required by law, and/or • necessary for the promotion of the licensing objectives • and proportionate

4.8.2 If no relevant representations are received, a licence will be granted on the terms sought subject only to such conditions as are consistent with the operating schedule and which comply with the above paragraph and any relevant statutory conditions.

4.8.3 In deciding what conditions to impose, the authority shall have regard to the operating schedule together with the provisions of this policy statement, the law and government guidance and the representations made. Where there is any ambiguity or uncertainty in the meaning of any part of the application, the application shall be interpreted in such a way as shall best promote the licensing objectives.

4.8.4 Where relevant representations are received, the authority will consider those representations together with any representations of the applicant, having regard to the provisions of this policy, the law and government guidance. Where relevant representations have been made, the Authority will not normally grant a licence in terms which conflict with this policy statement. In particular it may

• reject the application – if to do so is necessary to promote the licensing objectives and none of the following actions is reasonably practicable • grant the licence but exclude from its scope one or more of the licensable activities applied for in order to ensure that the licence complies with this policy and promotes the licensing objectives • grant the licence but modify such of the conditions imposed as is necessary to ensure compliance with this policy and to promote the licensing objectives

79 • grant the licence but refuse to specify a particular person or persons in the licence, as the designated premises supervisor if to name that person or persons would undermine the promotion of the licensing objectives. • Approve different parts of the premises for different activities

4.8.5 The authority will not impose conditions that duplicate other areas of regulation. For example, conditions will not be imposed which simply duplicate planning conditions.

4.8.6. However, there may be occasions when conditions will be imposed which the Authority considers necessary for the promotion of the licensing objectives and which overlap with other areas of regulation, where for example it is considered that planning restrictions do not adequately deal with those matters.

4.8.7. In general any conditions imposed will be drawn from a pool of sample conditions.

4.8.9. Provided the licensing objectives are not undermined and the proposal does not conflict with the other statements in this policy, licences will be granted so that premises will be able to open to provide licensable activities between such times as the applicant sets out in his application.

4.8.10. When deciding what conditions to impose, the authority will have regard to the particular requirements of people with disabilities, and will, so far as possible, seek to ensure that none of the conditions imposed on licences will have the effect of excluding such persons access to licensed premises.

Reason

The power to impose conditions is limited by the provisions of the Act. The authority is under a duty to exercise its licensing functions with a view to promoting the licensing objectives

4.9 Transfer of Licences

4.9.1. When considering an application for the transfer of a premises licence, the authority will only have regard to the exceptional circumstances of the case as set out in any objection raised by the police on the grounds that the transfer will undermine the crime prevention objective. The effect on the crime prevention objective will be considered against the background of the policies contained in this document.

80 4.10 Variation of Licences

4.10.1 When considering an application for variation of a licence, the authority will consider the impact of the variation in terms of the policies in this document, and the licensing objectives. It will not use such an application as a means to review the licence terms and conditions already granted.

4.10.2 Minor variations – A premises licence/club premises certificate holder may apply under the ‘minor variation’ procedure for small variations that will not impact adversely on the licensing objectives. There is no right to a hearing, however if the application is rejected, a full variation may be made.

4.10.3 Disapplication of Designated Premises Supervisor (DPS) – Where the community premises holder a premises licence allowing the sale/supply of alcohol, the licence holder can apply to have the mandatory condition requiring a DPS to be appointed, or removed. This passes the responsibility for the sale/supply of alcohol to the premises Management Committee.

4.11 Provisional Statements

4.11.1. An application for a provisional statement will be considered in the same way as would an application for a premises licence on the assumption that the works are completed as per the schedule of works submitted by the applicant.

4.12 Sexual Entertainment Venue

4.12.1 Where premises are to be used on more than 12 occasions within a 12 month period for relevant sexual entertainment, the premises must also be licensed as a Sexual Entertainment Venue. Relevant sexual entertainment includes: lap dancing, pole dancing, table dancing, strip shows, peep shows, live sex shows. This activity will be the subject of a separate policy.

4.12.2 The licence only applies in areas where Schedule 3 of the Local Government (Miscellaneous) Provisions Act 1982 as amended by the Policing and Crime Act 2009 has been adopted.

5 COMPLAINTS / REVIEW OF LICENCES

5.1 Complaints

5.1.1 The authority will investigate complaints relevant to the licensing objectives in relation to licensed premises of any description. In the first instance, complainants will be encouraged to raise the complaint directly with the licensee or business concerned. Where a Responsible Authority or an interested party (such as a local resident, resident association or licensing authority Council Member) has made

(a) valid representations about licensed premises or (b) a valid application for a licence to be reviewed

Then the Authority may initially arrange a mediation meeting to address, clarify and try to resolve the issues of concern.

5.1.2. This process will not override the right of any Responsible Authority or interested party to ask that the Licensing Committee consider their request for a review of the licence or for any licence holder to decline to participate in a mediation meeting.

5.2 Licence Reviews

5.2.1. The authority will view seriously applications for the review of any premises licence where it involves:

• Persistent failure to comply with licence conditions • Actions or omissions by the licensee (or his staff), which undermine the licensing objectives, particularly where they endanger public safety, expose children to actual or potential harm or cause public nuisance.

5.2.2. They will also view particularly seriously applications for review where:

• licensed premises have been used for the sale and distribution of illegal drugs and the laundering of the proceeds of drugs crimes • licensed premises have been used for the sale and distribution of illegal firearms • there has been repeated breach of copyright in respect of films, music etc • there have been proven sales of alcohol to and consumption of alcohol by children for consumption on or off licensed premises • licensed premises have been used for prostitution or the sale of unlawful pornography

82 • licensed premises have been used for unlawful gaming • licensed premises have been used as a base for organised criminal activity • licensed premises have been used for the organisation of racist, homophobic or sexual abuse or attacks • licensed premises have been used for the sale of smuggled tobacco or goods • licensed premises have been used for the sale of stolen goods • the police have frequently been called to attend to incidents of disorder at the premises

83 6 ENFORCEMENT

6.1. Where necessary, enforcement action will be taken by the authority in accordance with the Government’s better regulation agenda, the Regulators Compliance Code and the Authority’s Enforcement Policy.

6.2. Applicants should be aware that other agencies may take appropriate action under their own policies or legislation, e.g. Cumbria Constabulary, Cumbria Fire and Rescue Service, and Trading Standards etc. The Police Authority has the powers under the Act to close premises in certain circumstances.

6.3. In particular regard will be had to the fundamental principles recommended by the Better Regulation Task Force for good enforcement:

• Targeting - focusing on activities that give rise to the most serious risks or where hazards are least well controlled. • Consistency - similar approaches in similar circumstances to achieve similar ends. • Transparency - helping duty holders to understand what is expected and distinguishing between statutory requirements and guidance. • Proportionality - action taken should be proportional to the risk presented.

6.4. The authority has established protocols with the Responsible Authorities on enforcement issues to avoid duplication and to provide for the most efficient deployment of their officers in respect of inspection of licensed premises and the enforcement of licensing law. These protocols are periodically reviewed by the licensing authority.

6.5. Furthermore the policy of the Authority will always be a light touch inspection regime for well managed and maintained premises with a targeted and graduated inspection and enforcement regime for problem and high-risk premises.

6.6. The authority will for its own purposes in undertaking its licensing functions under the Act assess the risks posed by licensed premises to the promotion of the licensing objectives. Generally the broad categories of risks are as follows:

• High risk: nightclubs, pubs, events over 500 persons • Medium risk: clubs, off-licences (where not part of a larger store), other late night refreshment premises, theatres, cinemas • Low risk: off licences that are part of a larger store, restaurants

84 6.7. However, the authority recognises that not all premises in a particular category represent the same level of risk to the public. These categories are for guidance only. The circumstances of particular premises may place them in a higher or lower category of risk. Applicants should be aware that officers of the authority and other agencies may attend the premises unannounced at any time. When inspecting premises, officers will be seeking to ensure that the premises have not been altered or deteriorated since the licence was granted and that all of the licence terms and conditions are being complied with.

6.8. The Authority recognises the Hampton principles of inspection and enforcement, which include: • Generally inspections should not take place without a reason. • Regulators should recognise that a key element of their activity will be to allow or even encourage, economic progress and only to intervene when there is a clear case for protection.

7 PERMITTED TEMPORARY ACTIVITIES

The law (Part 5 of the Act)

7.1. Where a person wishes to use premises for one or more of the licensable activities for a period not exceeding 96 hours a premises licence is not required. The person can simply serve a temporary event notice on the authority in duplicate notifying them of the event. The notice must be served on the authority and a copy served on the police no later than ten clear working days before the event is to begin. (To avoid confusion this does not include weekends, public holidays, the day the notice is given to the Authority and the first day of the event).

7.2. The maximum number of persons allowed on the premises at the same time during the temporary event is 499.

7.3. If alcohol is to be supplied, all supplies must be carried out by or under the authority of the person serving the temporary event notice who need not hold a personal licence.

7.4. Only the police may object to the staging of a temporary event and they may do so only on the ground that allowing the premises to be used as proposed would undermine the crime prevention objective.

7.5. The authority must consider an objection notice and any representations which the premises user may wish to make. This is likely to be by way of a hearing unless all parties agree that a hearing is unnecessary. The authority will give notice of its decision and the reasons for the decision. If the authority upholds the objection it may serve a counter notice and the temporary event will not be able to be staged.

85 7.6. There are limitations on the number of temporary event notices which individuals can give and which can be given in relation to particular premises.

7.7. Whilst it is acknowledged by the authority that no conditions can be imposed in relation to permitted temporary activities, it is hoped that the organisers of such activities will voluntarily comply with the requirements of this policy in staging their events. When considering an objection notice, the authority will take account of the provisions of this document so far as they relate to the crime prevention objective.

7.8. Where the limitations on a temporary event cannot be fulfilled, for example due to the large numbers attending, a premises licence will be required. The authority would expect early notice of such a major event to allow responsible authorities to discuss and agree operating schedules (See paragraph 4).

8 ADMINISTRATION, EXERCISE AND DELEGATION OF FUNCTIONS

8.1. The authority will be involved in a wide range of licensing decisions and functions and has established a Licensing Committee to administer them.

8.2. Appreciating the need to provide a speedy, efficient and cost-effective service to all parties involved in the licensing process, the Committee has delegated certain decisions and functions and has established a number of Sub-Committees to deal with them.

8.3. Further, with many of the decisions and functions being purely administrative in nature, the grant of non-contentious applications, including for example, those licences and certificates where no representations have been made, has been delegated to authority officers.

8.4. The Licensing Committee will consist of 15 councillors. Licensing sub-committees of Deleted: between 12- three councillors are expected to consider the bulk of applications where a hearing is necessary. Ward councillors will not sit on a sub-committee involving an application within their ward.

8.5. Every determination of a licensing application by the Licensing Committee or a Licensing Sub-Committee shall be accompanied with clear, cogent reasons for the decision.

8.6. It is expected that the authority’s licensing officers will deal with the majority of licence applications and will decide whether representations are irrelevant, frivolous or vexatious. The person making a representation, which is considered to be frivolous or vexatious, will be given written reasons for that decision.

8.7. The authority will ensure that members and officers are appropriately trained to carry out their duties under the Licensing Act.

8.8. The table at Appendix 1 sets out the agreed delegation of decisions and functions to Licensing Committee, Sub-Committees and Officers.

8.9. Officers, a licensing sub-committee and even the full licensing committee may decline to exercise their delegated powers in any particular case. On such occasions, officers may refer a matter to a sub-committee, the sub-committee to a full committee and the full committee to the full council.

APPENDIX 1 – Table of Delegated functions

MATTER TO BE DEALT FULL SUB-COMMITTEE OFFICERS WITH COMMITTEE

Application for personal If objection If no objection licence made made Application for personal licence, with unspent convictions All cases Application for premises If a representation If no representatio made licence/club premises Made Certificate Application for provisional statement If a representation If no representatio made Made Application to vary If a representation If no representatio made premises licence/club Made registration Certificate Application to vary premises licence/cl All cases premises certificate by way of min variation Application to vary designated premises supervisor If a police objection All other cases Request to be removed as designated premises All cases supervisor Application for transfer of If a police representation All other cases premises licence Application for Interim If a police representation All other cases Authorities Application to review premis All cases licence/club premises certificate Decision on whether a complaint is irrelevant, All cases frivolous, vexatious, etc Decision to object when local authority All cases is a consultee and not the relevant authority considering the application

88 Determination of a police All cases objection to a temporary event notice

Determination of film classification All cases

A Full Committee will consist of 15 members. A Sub-Committee will consist of 3 Members. Deleted: a minimum of 12 Deleted: , with a quorum of 4

APPENDIX 2 – Appeals Procedure

Other than in the case of personal licences, an appeal has to be made to the Cumbria Magistrates Court Service, South Cumbria Magistrates Court, Abbey Road, Barrow in Furness, Cumbria, LA14 5QX or Cumbria Magistrates Court Service, Kendal Magistrates Court, The Court House, Burneside Road, Kendal, Cumbria, LA9 4TJ. In the case of personal licences, the appeal must be made to the Magistrates’ Court for the area in which the licensing authority (or any part of it) which made the decision is situated.

An appeal has to be commenced by the giving of a notice of appeal by the appellant to the Magistrates’ Court within a period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision to be appealed against.

On determining an appeal, the court may:

• dismiss the appeal;

• substitute for the decision appealed against any other decision which could have made by the licensing authority; or

• remit the case to the licensing authority to dispose of it in accordance with the direction of the court.

The court may make such order as to costs as it thinks fit.

89 APPENDIX 3 - Guides of Best Practice

1. Model National and Standard Conditions for Places of Public Entertainment and Associated Guidance ISBN 1 904031 11 0 (Entertainment Technology Press – ABTT Publications).

2. The Event Safety Guide – A guide to health, safety and welfare at music and similar events (HSE 1999) (“The Purple Book”) ISBN 0 7176 2453 6.

3. Guide to Fire Precautions in existing places of entertainment and like premises (The Stationery Office) (“The Primrose Guide”) ISBN 0 1 340907 9.

4. Managing Crowds Safely in Public Venues ISBN 0-11-882132-5

5. 5 steps to Risk Assessment: Case Studies (HSE 2006) INDG 163 (rev2)

6. The Guide to Safety at Sports Grounds (The Stationery Office, 2008) (“The Green Guide”) ISBN 978-0-11-702074-0

7. Good Practice Guide on the Control of Noise from Pubs and Clubs – The Institute of Acoustics.

8. Safer Nightlife – London Drugs Policy Forum http://217.154.230.218/NR/rdonlyres/E4E0FE3A-9F8E-4182-AFBF- 31C83E74C03A/0/SS LDPF safer nightlife.pdf

9. Talk to Frank – The a-z of drugs www.talktofrank.com

10. The Portman Group Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks – http://www.portman-group.org.uk/?pid=3&level=1

11. British Board of Film Classification – Classification Guidelines – www.bbfc.co.uk

12 HSE Guide – The Radiation Safety of laser installation used for display purposes [HS(G)95] HSE Books ISBN 0-7-76-0691

13. Alcohol Harm Reduction Strategy for England – www.cabinetoffice.gov.uk

14. Alcohol Concern – www.alcoholconcern.org.uk/servlets/doc/801

90 15. Safety Guidance for Street Arts, Carnivals, Processions and large scale performances Independent Street Arts Network – www.streetartsnetwork.org/pages/publications.htm

16. National Alcohol Harm Reduction Strategy tool kit – www.alcoholconcern.org.uk/servlets/doc/801

17. Point of Sale Promotions – British Beer & Pub Association - www.beerandpub.com

18. Fire safety risk assessment – small (up to 60) and medium (60-300) places of assembly ISBN – 10:1851128204

19. Fire safety risk assessment – large (300+) places of assembly ISBN – 10:1851128212

20. Fire Safety risk assessment – open air events and venues ISBN -9781851128235

This is not intended to be an exhaustive list of reference guides but is offered for guidance and may be revised. Where an activity proposes an activity not covered by the above every effort should be made to research current best practice guidance.

Appendix 4 – List of Consultees All Town/Parish Councils within the South Lakeland District Admiral Taverns (Nevada) Ltd, 150 Aldersgate Street, London, EC1A 4EJ Arnold Greenwood Solicitors, Exchange Chambers, 8 & 10 Highgate, Kendal. Arts Council England, 14 Great Peter Street, London. Blackhursts Solicitors, 22 Edward Street, Blackpool. Bond Pearce inc. Cartwrights, Cartwrights Licensing Team, Bristol Bridge House, Bristol British Beer & Pub Association, P O Box 538, Halifax. Bronagh Kennedy, HR Director & General Counsel, Mitchells & Butlers Retail Ltd, 27 Fleet Street. Brown, Barron & Co Solicitors, 65 Duke Street, Barrow-in-Furness. Butterfield Consultancy, 203 Dudley Hill Road, Undercliffe, Bradford Cains Beer Company Plc, The Robert Cain Brewery, Stanhope Street, Liverpool. Cobbetts Solicitors, Ship Canal House, King Street, Manchester. Cumbria Alcohol and Drug Advisory Service, Stricklandgate House, 92 Stricklandgate, Kendal. Cumbria Chamber of Commerce, Carlisle. Cumbria Constabulary, Busher Walk, Kendal. Cumbria Fire Service B Division, Phoenix Road, Barrow-in-Furness. Cumbria Magistrates Court Service, Abbey Road, Barrow-in-Furness. Cumbria Magistrates Court Service, Kendal Magistrates Court, Burneside Road, Kendal. Cumbria Police Headquarters, Carleton Hall, Penrith. Daryl Mansbridge, Licensing Solicitor, Somerfield Stores Ltd, Somerfield House, Bristol. Denby & Co Solicitors, 119 Duke Street, Barrow-in-Furness. Disability Rights Association, DCR Helpline, Freepost MIDO1264, Stratford-upon-Avon. First Quench Retailing Ltd, Enjoyment Hall, Bessamer Road, Welwyn Garden City, Herts. Forresters Solicitors, 117 Duke Street, Barrow-in-Furness. Freemans Solicitors, 7 St Mary's Place, Newcastle-upon-Tyne. Gail Heard - Solicitor Ltd, 21 Victoria Place, Carlisle. Greenwood Kyle Solicitors, 1 Finkle Street, Kendal. Guest Walker & Co Solicitors, 12a The Shambles, York. Hart Jackson & Sons Solicitors, PO Box 2, 8 & 10 New Market Street, Ulverston. Hartleys (Ulverston) Ltd, The Old Brewery, Ulverston. Harvey Ingram Owston Solicitors, 20 New Walk, Leicester. Hayton Winkley Bromley Wood Solicitors, 25 Crescent Road, Windermere. Hayton Winkley Kendal Solicitors, Stramongate House, 53 Stramongate, Kendal. Honeycombe Leisure/Nectar Taverns, Derby House, Lytham Road, Fulwood, Preston. Inn Court Licensing Consultants, 65 Mapplewell Crescent, Great Sankey, Warrington. James Hall & Co (Southport) Ltd, Spar Distribution Centre, PO Box 38, 89-91 Blackpool Roa, Preston. John Gaunt Solicitors, Omega Court, 372 Cemetary Road, Sheffield.

92 Kidd Rapinet Solicitors, 14 & 15 Craven Street, London. Livingstons Solicitors, 9 Benson Street, Ulverston. Mitchells of Lancaster, 11 Moor Lane, Lancaster. Mr A Risdon MBII, Kendal and South Lakeland District LVA, The Golden Rule, Ambleside. Mr D MacKenzie, Ulverston & District LVA, Sun Inn, Market Street, Ulverston. Chief Executive, Association of Licensed Multiple Retailers, 9b Walpole Court, London. Mr R Robinson, Director, Frederick Robinson Ltd, Unicorn Brewery, Stockport. Mr P Howarth, Retail Director, Thwaites inn, P O Box 50, Star Brewery, Blackburn. Pearson & Pearson Solicitors, Market Square, Kirkby Lonsdale, Carnforth. Poole Townsend Solicitors, 69-75 Duke Street, Barrow-in-Furness. Pubmaster Ltd, Greenbank, Hartlepool. R S Dubelbeis, Director & General Manager, Hartleys (Ulv), The Old Brewery, Ulverston. Renshaws, 28a Finkle Street, Kendal. Scottish & Newcastle Retail, Lakeside House, The Lakes, Northampton. Smithson Clarke Solicitors, Ward's Building, 31-39 High Bridge, Newcastle-upon-Tyne. South Lakeland District Council, Lowther Street, Kenal (All Second Tier Mangers). South Lakeland District Council, South Lakeland House, Lowther Street, Kendal (All elected Members) Spirit Group Ltd, 107 Station Street, Burton on Trent, Staffordshire Stanley H Cross & Co Solicitors, 10 Ashfield Road, Chorley. Temple Heelis Solicitors, Plane Tree House, Ambleside, Ambleside. The Association of Licensed Multiple Retailers, Third Floor, International House, Ealing. Thomson Wilson Pattinson Solicitors, 114-116 Stricklandgate, Kendal. Thomson Wilson Pattinson Solicitors, Stonecliffe, Lake Road, Windermere. United Co-op, Finance Department, Co-operative House, Civic centre, Wythenshawe. Watson Burton, 20 Collingwood Street, Newcastle-upon-Tyne. Waugh & Musgrave Solicitors, PO Box 1, 1 Main Street, Cockermouth. Berwin, Leighton Paisner, Bouverie House, 154 Fleet Street, London. Mr R Hayward, British Beer & Pub Association, Market Towers, London. Mr J McNamara, British Institute of Innkeeping, Wessex House, 80 Park St, Camberley. British Transport Police, Citadel Station, Rosehill, Carlisle. Mr M Smillie, Carlisle & District Primary Care Trust, Wavell Drive, The Courts, Carlisle. Mr B Walker, CCC Corporate Management, Legal Services Unit, St Andrews Churchyard, Penrith. Mr P Musgrave, Community Safety Officer, Cumbria County Council, Penrith. Mr G Richardson, Cumbria Assoc of Local Councils, Penrith Library, Penrith. Cumbria Constabulary, Police Headquarters, Carleton Hall, Penrith. Cumbria Fire & Rescue Service, Fire Headquarters, Station Road, Cockermouth. Mr D Copeland, Cumbria Food Liaison Group, Allerdale House, Workington. Mr N Crossland, Cumbria Health & Safety Liaison Group, Allerdale House, Workington. Cumbria Housing Group, Carlisle Housing Assoc, Botchergate, Carlisle. Mrs L Parkes, Cumbria Tourist Board, Ashleigh, Holly Road, Windermere.

93 Mr M Ellam, Director of Facilities, NHS Trust, Springville House, Ashton Road, Lancaster. Director, Education Services, Cumbria County Council, 5 Portland Square, Carlisle. Gala Group, Newcastle House, Castle Boulevard, Nottingham. Hammonds Solicitors, Rutland House, 148 Edmund Street, Birmingham. Mr B Bennison, Head of Cultural Policy, Cultural Strategy Unit, Arroyo Block, The Castle, Carlisle. Health & Safety Executive, 2 Victoria Place, Carlisle. Ms S McCabe, Honeycombe Leisure, Derby House, Lytham Road, Fulwood, Preston. Joelson Wilsons Solicitors, 30 Portland Place, London. Ladbrokes Betting & Gaming Ltd, Imperial House, London. Leisure Link, 3 The Maltings, Rayners Lane, Harrow. Mr A Davidson, Trust, Cumbria Infirmary, Carlisle. Ms J Payne, North Cumbria PCT, West Cumbria PCT, Old Town Hall, Workington. Mr G Brooks, NSPCC, 7 Chatsworth Square, Carlisle. Poppleston Allen, 27 Stoney Street, The Lace Market, Nottingham. Ms J Goode, Scottish & Newcastle Retail, Lakeside House, The Lakes, Northampton. Mr B Archibold, Senior Education Officer, 5 Portland Square, Carlisle. Showmans Guild, 8 Fitzroy Place, Glasgow. Showmans Guild of Great Britain, 11 St Mary’s Place, Bury. Mr D Clark, Corporation, The Park, Oaksey, Malmesbury, Wilts.

94 APPENDIX 5 – Contact information

Public Health & Licensing Manager Health and safety Executive (HSE) Community Services Directorate Marshall House, South Lakeland District Council Ringway, South Lakeland House Preston PR1 2HS Lowther Street (01772)836200 Kendal Cumbria LA9 4UD

Tel: 01539 733333 Email: [email protected]

Environment & Housing Manager Community Services Directorate South Lakeland District Council South Lakeland House Lowther Street Kendal LA9 4UD Tel: 01539 733333 E-mail: [email protected]

Planning Services Manager Regeneration & Housing Services South Lakeland District Council South Lakeland House Lowther Street Kendal Cumbria LA9 4UD

Tel: 01539 733333

Health and Safety Executive (HSE) 2 Victoria Place, Carlisle CA1 1ER (01228) 634100

95 Chief Officer of Police Cumbria Magistrates Court Service Cumbria Constabulary South Cumbria Magistrates Court Busher Walk Abbey Road Kendal Barrow in Furness Cumbria LA9 4RJ Cumbria LA14 5QX (01229)_820161 Tel: 01539 722611

Fire Safety Group Manager Cumbria Fire and Rescue Service B Division Kendal Office Busher Walk Kendal Cumbria LA9 4RH

Tel: 01539 722627

Fire Safety Group Manager Cumbria Fire and Rescue Service B Division HQ Phoenix Road Barrow in Furness Cumbria LA14 2NS

Senior Management Secretary Safeguarding and Review Social Services New Oxford Street Workington Cumbria CA14 2LW Tel: 01900 325365

The Planning Officer Mr P Haggin Yorkshire Dales National Park Authority Lake District National Park Authority Yorebridge House Murley Moss Bainbridge Oxenholme Road Leyburn Kendal North Yorkshire Cumbria LA9 7RL

Tel: 01969 650456 Tel: 01539 724555 Email: [email protected] Email: [email protected]

Cumbria Trading Standards Cumbria Magistrates Court Service South Area Office Kendal Magistrates Court County Offices The Court House Stricklandgate Burneside Road Kendal Kendal Cumbria LA9 4RQ Cumbria LA9 4TJ

Tel: 01539 773577 Tel: 01539 790501 Email: [email protected]

Other Useful Addresses

Arts Council England Disability Rights Commission 14 Great Peter Street DCR Helpline London SW1P 3NQ Freepost MID01264 Stratford Upon Avon CV37 9BR Tel 0845 300 6200 Email: [email protected] Tel: 08457 622 633 Web: www.artscouncil.org.uk Web: www.drc-gb.org

Association of Licensed Multiple Retailers Equity 3rd Floor International House Guild House Ealing Upper Martins Lane London W5 5DB London WC2H 9E Tel: 0208 579 2080 Tel: 0207 379 6000 Email: [email protected] Email: [email protected] Web: www.equity.org.uk

British Beer and Pub Association British Board of Film Classification Market Towers 3 Soho Square 1 Nine Elms Lane London W1D 3HD London SW8 5NQ Tel: 0207 4401 570 Tel: 0207 627 9191 Email: hrlpline:bbfc.co.uk Email: [email protected] Web: www.bbfc.co.uk Web: www.beerandpub.com

British Institute of Innkeeping Wessex House 80 Park Street Camberley Surrey GU15 3PT Email: [email protected] Tel: 01276 687 449

98 Appendix 2

LICENSING ACT 2003 – REVIEW OF STATEMENT OF LICENSING POLICY JULY 2010 SUMMARY OF PROPOSED AMENDMENTS TO EXISTING POLICY 2011-13 South Lakeland District Council

Paragraph Title/descriptionii Proposed amendmentiii Reasoniv numberi

N/A Title page Change name and title of officer Restructure and new and contact details appointment

N/A Foreword section Minor amendments to existing text Update of information.

Corporate plan and Community Strategy changes

1.10 Relevant legislation Insert The Policing and Crime Act This is relevant new 2009 legislation relating closure of licensed premises

4.22 General Policy Deleted “types of customers “Nature of activities expected” expected “ more appropriate wording Inserted “Nature of activities than “types expected “ customers expected”

4.35 Drugs - Policy Safer clubbing changed to Safer Update on Home Nightlife Office Guidance

4.4.8 Public safety – Delete sentence re: Primary legislation Policy – Fire safety representations exists in fire safety risk assessment

4.6.4 Protection of Deleted sentence “Requirements Operating schedule Children from Harm for written procedures to be requirement in established for the prevention of guidance – removed

99 under age sales, and for this to be as duplication open to inspection”.

4.6.10 Proof of Age Deleted reference to citizen card Now obsolete

4.10.1 Variation of Licences Deleted sentence relating to Evidence -based refusal for Licensing Authority to assessment in line grant licence regarding crime and with 182 guidance to disorder and occupancy conditions not grant licence

6.1 Enforcement Deleted “ principles of the Better Change of Regulation Task Force for good Government enforcement …) terminology

6.6 Enforcement Deleted theatres and cinemas Considered medium from high risk and inserted in risk medium risk

6.6 Enforcement Deleted restaurants from medium Considered low risk risk and inserted in low risk

6.8 Enforcement General “ no inspections” Clarification on

inspection approach Deleted: 8.4 ... [1] Deleted: Changed no of Appendix Table of delegated Removal of footnote ‘quorum of 3’ Consistent with committee members to 12 1 functions SLDC constitution Deleted: a Deleted: As above¶

Appendix Guidance of Best General amendments Up-to-date contacts 3 Practice and publications inserted

Appendix Contact Information General amendments Up-to-date contacts 5 inserted

(This summary does not include detail on document formatting, indents and general layout that have been amended)

100 Page 2: [1] Deleted andrew.smith 11/19/2010 1:37:00 PM 8.4 Administration, Changed 15-12 Legislation and Exercise and guidance and delegation of constitution functions

101

102 Appendix 3

Rebalancing the Licensing Act – A consultation on empowering individuals, families and local communities to shape and determine local licensing

Response submitted by the Cumbrian Licensing Managers Forum (CLMF) 20th August 2010

• Consultation Question 1: What do you think the impact would be of making relevant licensing authorities responsible authorities?

The members of the CLMF would support and welcome relevant licensing authorities becoming responsible authorities. Being deemed a responsible authority under the Act would enable licensing authorities to deal with applications and problem premises more effectively, and would provide a more coherent link between the licensing authority and other responsible authorities, particularly the police. This will achieve greater consistency and advantages to allow the licensing authority the opportunity to object e.g. when the application has been completed incorrectly or when it doesn’t meet the licensing objectives/policy.

• Consultation Question 2: What impact do you think reducing the burden of proof on licensing authorities will have?

If the current evidential burden on local authorities were to be removed licensing authorities would be better placed to shape the economy in line with the coalition’s policy on localism without having to prove that their actions were ‘necessary’ to promote the licensing objectives. The onus would fall upon the applicant to demonstrate how their application will impact on the local area.

• Consultation Question 3: Do you have any suggestions about how the licence application process could be amended to ensure that applicants consider the impact of their licence application on the local area?

In order to ensure applicants consider the impact of their licence application on the local area, the licensing authority should have the ability/power to reject applications where the applicant has not provided any details in their operating schedule or the operating schedule is incomplete. In addition licensing authority officers should have the ability/power to make representation to applications. (If the Licensing Authority was a Responsible Authority they would be able to do this).

• Consultation Question 4: What would the effect be of requiring licensing authorities to accept all representations, notices and recommendations from the police unless there is clear evidence that these are not relevant?

We would always expect representations, notices and recommendations from the police and indeed all other responsible authorities to be relevant having regard to the implications of the application in respect of the licensing objectives. We maintain that any conditions being imposed in response to submissions made by responsible authorities should be proportionate, enforceable, necessary and clear in their meaning.

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• Consultation Question 5: How can licensing authorities encourage greater community and local resident involvement?

Based on the assumption that this question relates to consulting on a statement of licensing policy, all Cumbrian authorities already consult a much wider audience than is stipulated in the Act and the decision on whether to do this or not should be left at a local level. With regard to applications, greater publicity could be achieved if all premises licence applications were advertised on Council websites to publicise applications to the wider community.

• Consultation Question 6: What would be the effect of removing the requirement for interested parties to show vicinity when making relevant representations?

Based on the assumption that this question relates to individual licensing applications, we are of the opinion that residents or businesses located outside the area of the subject premises would be unlikely to be in a position to offer meaningful or relevant representations that could reasonably be taken into account when an application is considered. There could be the situation where persons in the immediate area of premises supported the application, with representations coming from miles away from persons totally unaffected. We therefore propose no change to the existing rules regarding interested parties, although we would always welcome further guidance regarding the meaning of “vicinity”.

• Consultation Question 7: Are there any unintended consequences of designating health bodies as a responsible authority?

Who are the health bodies, must be specific? We do not feel that there would be any unintended consequences of designating the Health Authority as a ‘responsible authority’ but decisions and recommendations need to be evidenced and not create bias amongst different types of premises and licensees. A review of the Scottish model would be beneficial before a decision to establish the lessons learnt.

• Consultation Question 8: What are the implications in including the prevention of health harm as a licensing objective?

We feel that including prevention of health harm as a licensing objective would have positive implications in that it would provide the possibility for a more rounded view on the overall implications of a licensing application. It would also provide the licensing authority with access to any relevant public health data associated with the area of the premises that may be subject to an application. However, as with all other licensing objectives any representation in relation to the prevention of harm should normally be evidence based.

• Consultation Question 9: What would be the effect of making community groups interested parties under the Licensing Act, and which groups should be included?

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We consider that under the existing arrangements, community groups are already able to make representations on an application if they represent the views of residents or businesses within the vicinity. No change is necessary.

• Consultation Question 10: What would be the effect of making the default position for the magistrates’ court to remit the appeal back to the licensing authority to hear?

We feel that there should be no change in the existing arrangements for appeals and that Magistrates, should ordinarily deal with such matters unless they see fit to remit the case back to the licensing authority. We also recommend the Magistrates hearing licensing appeals should receive relevant training in licensing matters.

Remitting appeals back to the Licensing Authority causes unnecessary burden on the licensing authority and the courts. On appeal the Magistrates should determine the case. Cost should not be awarded where it can be shown that the licensing authority has taken reasonable steps to promote the licensing objectives having considered localism.

• Consultation Question 11: What would be the effect of amending the legislation so that the decision of the licensing authority applies as soon as the premises licence holder receives the determination.

It was considered that this was already addressed in the expedited review procedure, however there was the opportunity to widen the scope of these reviews.

• Consultation Question 12: What is the likely impact of extending the flexibility of Early Morning Restriction Orders to reflect the needs of the local areas?

We feel this would be beneficial and as stated in the question would enable the licensing authority to tailor ‘early morning restriction orders’ to their local needs.

However, it should be acknowledged that the imposition of tighter controls on the closing times of licensed premises may not necessarily result in an overall reduction in the level of alcohol consumption as certain people may choose to continue drinking at other private dwellings, eg, back at home.

• Consultation Question 13: Do you have any concerns about repealing Alcohol Disorder Zones?

• Consultation Question 14: What are the consequences of removing the evidential requirement for Cumulative Impact Policies?

Although there are currently none in Cumbria, Cumulative Impact Policies are necessary and the evidential requirements should not be removed.

105 The Police and Health Authorities as responsible authorities should be able to make relevant representation to the Licensing Authority in respect of Cumulative Impact where it is beneficial for the promotion of the licensing objectives in order to deal effectively with any localised misuse of alcohol and or significant alcohol related crime and disorder. I believe it would be for the Licensing Authority to then engage with the community through consultation and determine the need for implementation of a Cumulative Impact Policies.

• Consultation Question 15: Do you agree that the late night levy should be limited to recovery of these additional costs? Do you think that the local authority should be given some discretion on how much they can charge under the levy?

On the understanding that ‘Policing’ is intended to include the work of licensing authority enforcement teams, then, yes the late night levy should be limited to these additional costs.

Yes, we agree that the local authority should be given some discretion on how much they can charge based on an appropriate costing analysis, ensuring that such levy was justified.

Late night levy should be placed on all premises that operate within the night time economy within towns and city centres where they open after 1am on any day of the week. Local Authorities should not have discretion on how much is charged and the levy should be linked to the current banding system for fees.

• Consultation Question 16: Do you think it would be advantageous to offer such reductions for the late night levy?

Where a premises can show that it is low impact on alcohol related crime, disorder and nuisance over a twelve month period the levy should not apply or be reduced.

• Consultation Question 17: Do you agree that the additional costs of these services should be funded by the late night levy?

Yes, we agree that there should be some discretion allowed for local authorities to use a portion of the late night levy to fund additional costs of other services including taxi marshals and street cleaning. To assist in the fair distribution of this levy, consideration could be given to it being passed to the local Crime & Disorder Reduction Partnership for allocation through an action plan.

• Consultation Question 18: Do you believe that giving more autonomy to local authorities regarding closing times would be advantageous to cutting alcohol- related crime?

Yes, subject to consultation with partner agencies and other relevant stakeholder groups. Provided the burden of proof is not prohibitive in allowing localism and subject to consultation with partner agencies and other relevant stakeholder groups.

106 • Consultation Question 19: What would be the consequences of amending the legislation relating to TENs so that: a. All the responsible authorities can object to a TEN on all of the licensing objectives?

The police and LA environmental health officers should be the designated responsible authorities in respect of TENS and have recourse to all of the licensing objectives. b. The police (and other responsible authorities) have five working days to object to a TEN?

Agree this is necessary to allow proper consideration to be given. Consideration to extending definition to ‘clear’ working days to exclude day of receipt and event. c. The notification period for a TEN is increased, and is longer for those venues already holding a premises licence?

No, we do not consider this to be necessary as the responsible authorities should already be aware of any potential problems in relation to existing licensed premises through their previous dealings with them. d. Licensing authorities have the discretion to apply existing licence conditions to a TEN?

Yes

• Consultation Question 20: What would be the consequences of: a. Reducing the number of TENs that can be applied for by a personal licence holder to 12 per year?

We have had no issues with this however cannot envisage any detrimental consequences of implementing it. b. Restricting the number of TENs that could be applied for in the same vicinity (e.g. a field)?

This would close a common loophole in the Temporary Event arrangements and bring the arrangements in line with the spirit of the Act.

• Consultation Question 21: Do you think 168 hours (7 days) is a suitable minimum for the period of voluntary closure that can be flexibly applied by police for persistent underage selling?

Suggest 48hrs period served within 7 days, but the power should be extended to Trading Standards. To be commenced on the day the notice served by the Police (or TS) taking into account the scope of business and days of opening. This takes

107 into account premises that may not open every day and the impact of 48hrs would relate to the premises opening hours.

• Consultation Question 22: What do you think would be an appropriate upper limit for the period of voluntary closure that can be flexibly applied by police for persistent underage selling?

Up to 14 days period served within 7 days, and again the power to do this should be extended to Trading Standards

• Consultation Question 23: What do you think the impact will be of making licence reviews automatic for those found to be persistently selling alcohol to children?

In view of our response to question 21 & 22 we do not feel that it is necessary for persistent underage sales to generate automatic review of the premises licence. We feel that automatically generating a review could lead to premises refusing to close voluntarily and take their chance on the level of fine received at court, all the while continuing to operate until the review takes place.

• Consultation Question 24: For the purpose of this consultation we are interested in expert views on the following. a. Simple and effective ways to define the ‘cost’ of alcohol b. Effective ways to enforce a ban on below cost selling and their costs c. The feasibility of using the Mandatory Code of Practice to set a licence condition that no sale can be below cost, without defining cost.

We do not feel that we have the relevant expertise to answer these questions however we like the idea of introducing a mandatory condition which would not allow alcohol to be sold below the price which it cost the premises. Breach of this condition should trigger an immediate review of the premises licence where there is a clear link to the licensing objectives being undermined. A further restriction should be placed on the amount or type of alcohol that can be sold from Off licence premises to individuals during any one transaction.

• Consultation Question 25: Would you be in favour of increasing licence fees based on full cost recovery, and what impact would this have?

Yes the licence fees should be based on full cost recovery, and this could inevitably lead to an increase in some fees. There is a consensus that as with many other local government licensing functions, licensing authorities should be allowed to fix these fees.

• Consultation Question 26: Are you in favour of automatically revoking the premises licence if the annual fees have not been paid?

Yes

108 • Consultation Question 27: Have the first set of mandatory conditions that came into force in April 2010 had a positive impact on preventing alcohol-related crime?

We feel that, as the ‘Mandatory Codes’ have only just been enacted, it is too early to evaluate the impact they have had.

• Consultation Question 28: Would you support the repeal of any or all of the mandatory conditions?

Please refer to our response to Question 27

• Consultation Question 29: Would you support measures to de-regulate the Licensing Act, and what sections of the Act in your view could be removed or simplified?

In our view:-

• Section 177 – Dancing and live music in certain small premises should be repealed from the Act.

• The criteria for obtaining a personal licence should be reviewed and the vetting process tightened up. This would have the added benefit of raising the standard of personal licence holders.

• The list of Schedule 4, relevant offences for a personal licence should be reviewed.

• The licensing authority and/or the police should have the power to request a licensing sub committee to review/revoke a personal licence.

• The national database for personal licence holders should be implemented.

• Consideration should be given to making it compulsory for all persons selling alcohol to obtain a personal licence.

• As a second option to the above, suggest a lower level qualification for all bar staff and those premises staff that sell alcohol. This would ensure consistency in that all bar staff would be required to meet the same industry standard. We realise that this may cause operational issues for supermarkets and off licences having multiple checkouts. However, to address this, those retailers may, for example, need to consider segregation arrangements whereby only checkouts located in certain areas would be used for alcohol sales made by personal licence

109 holders. The BIIAB currently have a ‘Scottish Certificate for Licensed Premises Bar Staff’ that may be appropriate.

• Consideration should be given to implementing a procedure for revoking a personal licence should the holder be found persistently selling to underage.

• It should be a requirement that a designated premises supervisor shall not be allowed to act in such capacity in relation to more than one premises licence at the same time. Currently there are no facilities to determine this. (Would be addressed by a central personal licence database)

• Consider giving Licensing Authorities discretion to authorise late applications (less than the 10 days) for a Temporary Event Notice following consultation with the police or other responsible authorities. Much in line with the minor variation procedures.

• Remove requirement to review the statement of licensing policy every three years but allow discretion to Licensing Authorities to amend their policy as a living document in line with the Governments localism policy

• Strengthen legislation to prevent an individual to have only one premises licence, for a particular premises. Applicants currently can make a second application to in order to circumvent licence conditions and upon grant of the second licence surrender the first. The association could be similar as TENS.

• Failure to pay annual fees for premises licence should make the licence void similar to the arrangements contained in section 193 of the Gambling Act 2005.

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