Of the Licensing Committee Will Be Held at 10:00 on Monday, 08 October 2018 in Room 57

Please ask for: Paul Rawcliffe Telephone: 01482 615016 Fax: 01482 614804 Email: [email protected] Text phone: 01482 300349 Date: Friday, 28 September 2018

Dear Councillor,

Licensing Committee

The next meeting of the Licensing Committee will be held at 10:00 on Monday, 08 October 2018 in Room 57 .

The Agenda for the meeting is attached and reports are enclosed where relevant.

Please Note: It is likely that the public, (including the Press) will be excluded from the meeting during discussions of exempt items since they involve the possible disclosure of exempt information as describe in Schedule 12A of the Local Government Act 1972.

Yours faithfully,

Democratic Services Officer for the Town Clerk

Town Clerk Services, Hull City Council, The Guildhall, Alfred Gelder Street, Hull, HU1 2AA www.hullcc.gov.uk Tel: 01482 300300

Page 1 of 194

Licensing Committee

To: Membership: Councillors Abbott, Belcher, Chambers, Chaytor (DC), Conner, Dad, Fudge (C), Neal, Petrini, (Mrs) C E Randall

Officers: Tim Fielding, City Health and Wellbeing Manager Keith Fenner, Senior Licensing Officer Stephen Turner, Legal Services Paul Rawcliffe, Democratic Services Officer (x1 exempt, x3 public)

Public Sets: Reference Library (Public Set)

Page 2 of 194

Licensing Committee

10:00 on Monday, 08 October 2018

Room 57

A G E N D A PROCEDURAL ITEMS

1 Apologies To receive apologies for those Members who are unable to attend the meeting.

2 Declarations of Interest To remind Members of the need to record the existence and nature of any Personal and Discloseable Pecuniary interest in items on the agenda, in accordance with the Member Code of Conduct.

(Members Code of Conduct - Part D1 of the Constitution)

3 Minutes of the Previous Meeting 7 - 14 To agree the minutes of the previous meeting.

NON-EXEMPT ITEMS

4 Licensing Policy Review 2018 15 - 108 To consider a revised licensing policy and to recommend the policy to Council for approval.

5 Gambling Policy Review 2018 109 - 156 To recommend a draft Gambling Policy and to refer the recommendation to Council for approval.

6 CIA Committee Report 2018 157 - 188 To consider a request from Humberside Police, asking the Council to publish a Cumulative Impact Assessment

Page 3 of 194

7 CSE Training Report 189 - 194 To consider the proposal to introduce a requirement for all Hull licensed Hackney Carriage and Private Hire drivers to undertake child safeguarding, CSE, trafficking and radicalisation awareness training.

EXEMPT ITEMS

8 Application of Private Hire Driving Licence

• Information relating to any individual;

9 Review of Private Hire Driving Licence

• Information relating to any individual;

10 Review of Private Hire Driving Licence

• Information relating to any individual;

11 Review of Private Hire Driving Licence

• Information relating to any individual;

12 Review of Private Hire Driving Licence

• Information relating to any individual;

13 Review of Hackney Carriage Driving Licence

• Information relating to any individual;

14 Application of Private Hire Driving Licence

• Information relating to any individual;

Page 4 of 194

15 Review of Private Hire Driving Licence

• Information relating to any individual;

16 Review of Private Hire Driving Licence

• Information relating to any individual;

Page 5 of 194

Page 6 of 194 22

Licensing Committee

10 th September, 2018

PRESENT:- Councillors Fudge (Chair), Chaytor (Deputy Chair), Abbott, Belcher, Chambers, Conner, Dad, Petrini and (Mrs.) C. E. Randall. IN ATTENDANCE:- K. Fenner (Licensing Manager), R. Baggley (Licensing Enforcement Officer), S. Turner (Regulatory Lawyer, Legal Services) and P. Rawcliffe (Democratic Services Officer). APOLOGIES:- Councillor Neal.

Minute Description/Decision Action No. By/Deadline PROCEDURAL ITEMS 40 DECLARATIONS OF INTEREST

Councillor Petrini declared a personal interest in minutes 47 to 50, insofar as she was a Director of Kingstown Works Limited and that company carried out compliance tests on Hackney Carriage and Private Hire Vehicles.

41 MINUTES OF THE MEETING HELD ON 6TH AUGUST, 2018

Agreed – That, the minutes of the meeting of this Committee, held on 6th August, 2018, having been printed and circulated, be taken as read and correctly recorded and be signed by the Chair.

NON-EXEMPT ITEMS 42 APPLICATION FOR A STREET TRADING Director of CONSENT Public Health and Adult The Director of Public Health and Adult Services Services submitted a report which asked the Committee to consider an application for street trading where the operator wished to utilise an area not previously approved.

The options available to the Committee were (i) approve the application, and (ii) refuse the application.

Page 7 of 194 23

One objection to the application had been received from Councillor Chambers (Ward Councillor).

The applicant was in attendance.

Moved by Councillor Fudge and seconded by Councillor Chaytor:

That the application for a street trading consent to sell hot and cold food and drinks from a mobile trailer on Courtney Street, Monday to Friday, 7.30 a.m. to 2.30 p.m.; Saturday, 8.00 a.m. to 2.00 p.m., and Sunday, 9.30 a.m. to 2.00 p.m., be deferred to allow the applicant to look for a more suitable location for their mobile trailer closer to the industrial area on Courtney Street.

Motion carried.

43 APPLICATION FOR A STREET TRADING Director of CONSENT Public Health and Adult The Director of Public Health and Adult Services Services submitted a report which asked the Committee to consider an application for street trading where the operator wished to utilise an area not previously approved.

The options available to the Committee were (i) approve the application, and (ii) refuse the application.

Objections to the application from Ward Councillors Chaytor and Pantelakis (Marfleet Ward) and Councillor Lunn (Portfolio Holder for Adult Services and Public Health) had been received.

The applicant was in attendance.

Moved by Councillor Chaytor and seconded by Councillor Fudge:

That the application for a street trading consent to sell hot sandwiches, burgers, hot and cold drinks and chocolate bars from a mobile vehic le on Preston Road, close to the junction of Marfleet Lane, Monday to Saturday, 8.00 a.m. to 2.00 p.m., be refused due to the proliferation of similar retailers in the vicinity of the requested site.

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Motion carried.

44 REVIEW OF THE LOCATION OF A STREET Director of TRADING CONSENT – CITY CENTRE Public Health and Adult The Director of Public Health and Adult Services Services submitted a report which asked the Committee to consider a request to review the location of a street trading consent, situated between the former BHS Building and the Nat West Bank, facing West, which had been approved by this Committee on 9 th July, 2018.

Subsequently, due to the size of the trailer etc., it had become apparent that siting in that area had raised a number of unintended consequences. This had resulted in complaints that the street trader was causing an obstruction both to deliveries being made to premises in the locality, and to planned events. This indicated that this particular area was unsuitable for street trading. The street trader, who had worked with Licensing Enforcement Officers to secure a safe and practical location within the area determined by the Committee, had also suffered abuse from delivery drivers and disruption to his trade since he had made the move. Therefore, the application from the street trader was to return to his previous location on the corner of King Edward Street and Jameson Street.

The options available to the Committee were (i) approve the request, and (ii) refuse the request.

No objections to the request had been received.

The applicant was in attendance.

Moved by Councillor Fudge and seconded by Councillor Chaytor:

That the above request, for the licence holder to return to his previous location on the corner of King Edward Street and Jameson Street, be approved.

Motion carried.

45 ADOPTION OF THE INSTITUTE OF LICENSING’S Director of GUIDANCE ON DETERMINING THE SUITABILITY Public Health OF APPLICANTS AND LICENCEES IN THE and Adult

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HACKNEY AND PRIVATE HIRE TRADES Services

The Director of Public Health and Adult Services submitted a report which informed the Committee of the newly published ‘Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades’ document produced by the Institute of Licensing (IoL).

The report explained that Hull City Council administered and issued licences for Hackney Carriage and Private Hire vehicles, drivers and operators as part of its regulatory role. Under Section 51 of the Local Government (Miscellaneous Provisions) Act, 1976, the City Council shall, on receipt of an application from any person, grant to that person, a licence to drive Hackney Carriage and/or Private Hire vehicles. This was provided that the City Council was satisfied that the applicant was a ‘fit and proper’ person to hold a driver's licence. The IoL had published this Guidance in response to concerns about the disparity in the criteria used by local authorities, across the country, to determine the suitability of applicants for Hackney Carriage and Private Hire Licenses. The IoL believed that widespread adoption of this Guidance would effectively achieve a level of consistency when considering such applications.

The Committee agreed with the higher thresholds within the IoL guidance, and with the IoL’s attempt to unify the Licensing Authorities around the Country on this matter.

Moved be Councillor Fudge and seconded by Councillor Chaytor:

That the guidance published by the Institute of Licensing in the document ‘Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades’, which would replace the Council’s current guidance on convictions included in the City Council’s Hackney Carriage/Private Hire Licensing Conditions and Procedures Handbook, be adopted, and takes precedence in cases of conflict with the Council’s own guidance on this matter.

Motion carried.

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46 EXCLUSION OF THE PRESS AND PUBLIC

Agreed - That, in accordance with the provision of Section 100(A)(4) of the Local Government Act 1972, the public (including the press) be excluded from the meeting for the following items of business, minutes 47 to 50, on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, relating to an individual and that the public interest test in maintaining the exemption outweighs the public interest test in disclosing the information.

EXEMPT ITEMS 47 REVIEW OF A PRIVATE HIRE DRIVER’S LICENCE Director of Public Health (Councillor Petrini declared a personal interest in and Adult minute 47, insofar as she was a Director of Kingstown Services Works Limited and that company carried out compliance tests on Hackney Carriage and Private Hire Vehicles.)

The Director of Public Health and Adult Services submitted a report which gave details of a review of a Private Hire Driver’s Licence where the licence holder had been charged with an offence. The licence had been suspended with immediate effect for reason of public safety. The options available to the Committee were (i) to allow the immediate suspension of the licence to continue for a period to be decided by the Committee, and (ii) to lift the immediate suspension of the licence.

The licence holder was not in attendance.

Moved be Councillor Chaytor and seconded by Councillor Abbott:

a) That the suspension of the licence continues until 10 th December, 2018, unless information is received from Humberside Police which gives reason for the review to be considered earlier, and

b) that, if a court date has not been set by 10 th December, 2018, an update from the Police/Crown Prosecution Service on the case be provided to the Committee at its meeting on that date.

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Motion carried.

48 REVIEW OF A PRIVATE HIRE DRIVER’S LICENCE Director of Public Health (Councillor Petrini declared a personal interest in and Adult minute 48, insofar as she was a Director of Kingstown Services Works Limited and that company carried out compliance tests on Hackney Carriage and Private Hire Vehicles.)

The Director of Public Health and Adult Services submitted a report which gave details of a review of a Private Hire Driver’s Licence where the applicant had been convicted of driving or other offences. The options available to the Committee were (i) take no further action; (ii) allow the licence to continue and issue a warning letter with regard to the applicant’s future conduct; (iii) suspend the licence for a period to be determined by the Committee and issue a warning letter with regard to the applicant’s future conduct, and (iv) revoke the licence.

The licence holder was in attendance.

Moved be Councillor Petrini and seconded by Councillor (Mrs.) C. E. Randall:

That the licence be retained and a warning letter issued as to the Licence Holder’s future conduct.

Moved be Councillor Chaytor and seconded by Councillor Fudge as an amendment:

That the licence be suspended for a period of 14 days and a warning letter issued as to the Licence Holder’s future conduct.

Amendment lost. Motion carried.

49 REVIEW OF A PRIVATE HIRE DRIVER’S LICENCE Director of Public Health (Councillor Petrini declared a personal interest in and Adult minute 49, insofar as she was a Director of Kingstown Services Works Limited and that company carried out compliance tests on Hackney Carriage and Private Hire Vehicles.)

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The licence holder was not in attendance.

The Town Clerk explained that the Licence Holder had asked for the review of the licence to be deferred for a second month as they would not be in the City for today’s meeting.

Moved be Councillor Chaytor and seconded by Councillor Abbott:

That the licence be suspended until such a time as the Licence Holder appears before the Committee and the review of the licence takes place.

Motion carried.

50 REVIEW OF A PRIVATE HIRE DRIVER’S LICENCE Director of Public Health (Councillor Petrini declared a personal interest in and Adult minute 50, insofar as she was a Director of Kingstown Services Works Limited and that company carried out compliance tests on Hackney Carriage and Private Hire Vehicles.)

The licence holder was not in attendance.

Page 13 of 194 29

The Town Clerk explained that the Licence Holder had asked for the review of the licence to be deferred as the letter requesting his attendance at today’s meeting had been delayed in the post, and they could not re- arrange their family responsibilities.

Moved be Councillor Chaytor and seconded by Councillor Abbott:

That the consideration of the above review be deferred to the meeting of this Committee due to take place on 8th October, 2018.

Motion carried.

51 SAFEGUARDING ISSUES

No safeguarding issues were raised during the consideration of the applications at minutes 47 to 50 above.

Start: 10.00 a.m. Finish: 11.10 p.m.

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Report to the LICENSING COMMITTEE Wards All 8 October 2018 Ref: LAP/18/058

Licensing Act 2003 – Revised Licensing Policy

Report of the Corporate Director of Public Health and Adult Services

1. Purpose of the Report and Summary

1.1 To consider a revised licensing policy and to recommend the policy to Council for approval.

2. Recommendations

2.1 That the revised licensing policy, attached to this report, be accepted and be recommended to Council for formal adoption.

3. Background

3.1 The Licensing Act 2003, which came into force in November 2005, integrated the previously separate licence regimes for the sale and supply of alcohol, the provision of public entertainment, the provision of late night refreshment and the operation of cinemas and theatres into a single licensing system.

3.2 Section 5 of the Licensing Act 2003, as amended by the Police Reform and Social Responsibility Act 2011, requires the licensing authority to publish a licensing policy every five years. The Policy seeks to provide guidance on the general approach that the Council will take in terms of determining licences and notifications under the Licensing Act 2003.

3.3 In carrying out its functions, under the Licensing Act 2003, the Licensing Authority must have regard to its licensing Policy with a view to promoting the licensing objectives as set out in the 2003 Act, which are:

• The prevention of crime and disorder • Public safety • The prevention of public nuisance • The protection of children from harm

Page 15 of 194 2 3.4 In accordance with the 2003 Act, as amended, the draft policy is intended to replace the current Policy approved in December 2015

4. Issues for Consideration

4.1 The draft policy is unchanged from the policy of 2015 other than a general update.

4.2 The revised draft policy has been prepared in accordance with the Act and the regulations that govern it.

4.3 The Policy also includes a number of appendices that do not form part of the Policy, but offer advice and best practice guidance to licence holders, applicants and ‘other persons’. These have also been reviewed and updated as necessary by the appropriate Responsible Authorities.

4.4 The Policy has been subject to a 12 week consultation consultation which ended on 14 September 2018 and the Draft Policy has been amended as necessary to reflect comments received. A copy of the amended Policy document, showing the tracked changes, has been attached to this report for Member’s approval and referral to Council

5. Options and Risk Assessment

5.1 The Council is required, by statute, to formulate and publish a licensing policy therefore there is no option of declining to do so. The options available to committee are: a) To accept and recommend the revised licensing policy as drafted. b) To amend the draft and recommend it as amended.

6. Consultation

6.1 In accordance with the provisions of the Licensing act 2003, a consultation took place, between 25 June 2018 and 14 September 2018, with persons specified in Section 5(3) of the Licensing Act 2003 and persons likely to be affected by the draft Policy. A copy of the responses to the consultation is attached to the report and the draft Policy has been amended, where appropriate, to reflect the comments received through the consultation and from the Responsible Authorities.

7. Monitoring Officer Assurance Statement

7.1 The Council, as Licensing Authority, is required to publish a Statement of Licensing Policy at least every 5 years. Any such Policy should be kept under review. There has to be statutory consultation prior to any variation of Policy. The only body that can determine such Policy is Full Council. It is appropriate the this Committee should make recommendations to Council on the contents of any revised Policy.

Page 16 of 194 3 The Monitoring Officer is satisfied that the contents of this report are compliant with all relevant legislation.

8. Section 151 Officer Assurance Statement

8.1 The section 151 officer notes the report and has no further comments

9. Comments of the Head of Human Resources

9.1 There are no Council staffing or wider human resources implications identified in the report.

10 Comments of Overview and Scrutiny

10.1 Scrutiny comments are not required for this report.

11. Conclusions

11.1 The formulation and publication of a licensing policy is a statutory duty and has to be revised every five years with the next review required in 2018.

11.2 Once the Licensing Committee has reviewed the draft Policy, a final Policy will then be presented to Council for consideration and, once approved, will be published to replace the current Policy.

Julia Weldon Corporate Director of Public Health and Adult Services

Contact Officer : K Fenner Telephone No. : 5506

Officer Interests: None

Background Documents: -

(i) Draft Licensing Policy (ii) Responses to Consultation

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Page 18 of 194

Licensing Act 2003 Statement of Licensing Policy 2018 Draft

Page 19 of 194 Licensing Policy

Table of Contents

Introduction Page 1 Purpose and Scope Page 2 The Policy Page 2 Consultation Page 3 Main Principles Page 3 Cumulative Impact Page 4 Licensing Objectives Page 6 Prevention of Crime and Disorder Page 6 Public Safety Page 10 Prevention of Public Nuisance Page 11 Protection of Children from Harm Page 13 Other Statutory Provisions Page 15 Club Premises Certificates Page 16 Licensing Hours Page 16 Integrating Strategies Page 17 Licensing and Planning Page 17 Licence Conditions Page 18 Designated Premises Supervisors Page 19 Temporary Event Notices Page 19 Enforcement Page 20 Live Music, Dancing and Theatre Page 20 Circuses Page 21 Administration, Exercise and Delegation of Functions Page 22 Appendix 'A' - List of Consultees Page 23 Appendix 'B' - Safer Clubbing Checklist Page 25 Appendix 'C' - Safer Clubbing Key Actions for Local Authorities Page 26 Appendix 'D' - Code of Practice Adult Entertainment Page 27 Appendix ‘E’ - Health and Safety Guidelines Page 29 Appendix ‘F’ - Fire Safety Guidelines Page 32 Appendix ‘G’ - Specimen Dispersal Policy Page 37 Best Practice Appendix ‘H’ - Relating to Crime and Disorder Page 40 Appendix 'I' - Relating to Public Safety Page 44 Appendix 'J' - Relating to Theatres and Cinemas Page 50 Appendix 'K' - Relating to the Prevention of Public Nuisance Page 54 Appendix 'L' - Relating to the Protection of Children from Harm Page 66 Appendix ‘M’ - Useful Contacts Page 83

The Appendices do NOT form part of the Licensing Policy

1 December 2018 2018 Draft V1 Page 20 of 194 Licensing Policy

KINGSTON UPON HULL CITY COUNCIL LICENSING POLICY

1. Introduction

1.1 Kingston upon Hull is a compact and highly urbanised city located on the north bank of the Humber Estuary, with a population of about 260,000 people, making it the most densely populated local authority area in the Yorkshire and Humber region.

1.2 This Policy supports all of Hull City Council’s priorities in respect of its vision to have a vibrant social centre that people of all ages can enjoy within a safe, well managed and vibrant economy. We believe there has to be a good balance between the need to welcome and support those delivering licensable activities that are important to parts of our city with the need to ensure a high quality of life for all those who live, work in or visit the city.

1.3 The Licensing Authority’s function is a statutory service where businesses wishing to trade in licensable activities need an authorisation, and the Authority is aware of the importance of licensed businesses to the economy and vitality of the City. The Authority will continue to engage and work with businesses in building on Hull’s proud heritage, celebrating the culture of the City to help make it a popular visitor destination. However the Authority will also continue to educate businesses where the standards required fall short and take enforcement action where necessary, for example, by activities that may damage communities or compromise safety.

1.4 Hull has gained national and international recognition as being the UK City of Culture 2017 and it is essential that the City maximises on the advantages gained by of this once in a lifetime opportunity. Therefore Licensing Authority will work towards supporting these aims, whilst safeguarding residents, businesses and visitors through the promotion of the licensing objectives.

1 December 2018 2018 Draft V1 Page 21 of 194 Licensing Policy

2. Purpose and Scope

2.1 This revised statement of Licensing Policy sets out how the City Council, as the Licensing Authority, will promote the licensing objectives laid out in the Licensing Act 2003. The Licensing Authority will continue to exercise its functions under the Act with regard to those objectives and to guidance issued by the Secretary of State.

2.2 The words and sentences contained within the Policy shall have the meaning as defined in the Licensing Act 2003. The Appendices contained do not form part of this Policy.

2.3 It should be recognised that this Policy covers a wide variety of premises, and activities carried out in them, including theatres, cinemas, restaurants, pubs, nightclubs, private members’ clubs, church halls and community centres as well as off-licences and late night food premises selling hot food or hot drink after 11.00 pm. For this reason, this Policy cannot detail all the factors that influence the promotion of the licensing objectives, nor can this Policy detail all the control measures that may be appropriate.

2.4 Applicants, responsible authorities and other persons are encouraged to enter into dialogue through the Licensing Authority with regard to any matters concerning their interests in any application. In accordance with the Act the Licensing Authority shall remain impartial in its dealings with all parties.

2.5 This Policy has been developed, in consultation with responsible authorities, the trade and the general public.

2.6 This Policy is not a statement of law and in its application; regard should be given to the statutory guidance issued under Section 182 of the Licensing Act 2003 as amended from time to time by the Secretary of State also to the Act itself which shall take precedence.

3. The Policy

3.1 The 2003 Act requires that the Licensing Authority carries out its various functions so as to promote the following four licensing objectives:

° The prevention of crime and disorder

° Public safety

° The prevention of public nuisance

° The protection of children from harm

2 December 2018 2018 Draft V1 Page 22 of 194 Licensing Policy

3.2 Section 5 of the 2003 Act requires that the Licensing Authority publishes a ‘Statement of Licensing Policy’ that sets out the policies the Licensing Authority will generally apply, to promote the licensing objectives when making decisions on applications made under the Act. The Policy will be reviewed every five years in accordance with the 2003 Act. Should it be deemed necessary the policy will be reviewed at intervals of a lesser period to deal with any changes in legislation and policy.

3.3 This ‘Statement of Licensing Policy’ has been prepared to assist applicants, responsible authorities, persons making representations and Members of the Licensing Committee by defining the principles that the Licensing Authority will adopt in dealing with licence applications.

3.4 Officers of the Licensing Authority will have regard to this policy when dealing with applications, representations, mediation, advising the Licensing Sub- Committee and all other relevant matters.

3.5 In order to promote the licensing objectives the Licensing Authority will actively encourage partnership working with other local authorities, the police, the fire and rescue service, local businesses, performers, local people and those involved with child protection. The Licensing Authority recognises that co-operation and partnership remain the best means of promoting the licensing objectives.

4. Consultation

4.1 In preparing this Policy Statement, the Licensing Authority has consulted with all statutory consultees. These include the Chief Constable for the Humberside Police Force, the Chief Fire Officer for Humberside Fire and Rescue Service, Hull’s Safeguarding Children Board, Environmental Health, Public Health representatives, bodies representing local holders of premises licences, club premises certificates, personal licences and businesses and residents in the City. The views of these bodies have been given appropriate weight in determining this Policy.

4.2 Please refer to Appendix ‘A’ attached to this document, for a full list of the bodies consulted during the preparation of this Policy.

5. Main Principles

5.1 Nothing in this Policy Statement will:

(a) Undermine the rights of any person to apply under the Licensing Act 2003 for a variety of permissions and have the application considered on its individual merits, and/or

(b) Override the right of any person to make representation on any application, or seek a review of a licence or certificate where they are permitted to do so under the Licensing Act 2003.

3 December 2018 2018 Draft V1 Page 23 of 194 Licensing Policy

5.2 The Licensing Authority recognises that there are a number of mechanisms available for addressing issues of unruly behaviour that can occur away from licensed premises, including:

(a) Ongoing measures to create a safe and clean environment in these areas in partnership with local businesses, transport operators and other Council Departments.

(b) Designation of parts of the City as places where the consumption of alcohol is controlled.

(c) Regular liaison with Humberside Police on law enforcement issues regarding disorder and anti-social behaviour, including the issue of fixed penalty notices; prosecution of those selling alcohol to people who are drunk; confiscation of alcohol from adults in designated areas or children in any public place and instantly closing down licensed premises or temporary events on the grounds of disorder, or likelihood of disorder or excessive noise from the premises.

(d) The power of the police, other responsible authorities or a local resident or business to seek a review of the licence or certificate.

5.3 The Licensing Authority is currently addressing many of these issues through the Responsible Authorities Group which meets regularly to facilitate co-operation and co-ordination between partner agencies to link in and support the strategic objectives for crime and disorder and alcohol related harm reduction within the City.

6. Cumulative Impact

6.1 The Licensing Authority will not take ‘need’ into account when considering an application, as this is a matter for the market. However, it recognises that the cumulative impact of the number, type and density of licensed premises in a given area, may lead to serious problems of nuisance and disorder outside and some distance from the premises.

6.2 There may be evidence that an area has become saturated with premises making it a focal point for large groups of people to gather and circulate away from the licensed premises themselves, creating exceptional problems of disorder and nuisance over and above the impact from individual premises.

6.3 In these circumstances, the Licensing Authority may consider that the imposition of conditions is unlikely to address these problems and may consider the adoption of a special policy of refusing new premises licences or club premises certificates where the authority considers that the cumulative effect of licences is such that the granting of any further licences would undermine one or more of the licensing objectives.

4 December 2018 2018 Draft V1 Page 24 of 194 Licensing Policy

6.4 The Licensing Authority recognises that the introduction of a cumulative impact policy is not the only means of addressing the impact of licensed premises in any given area. Other control measures could include

• The use of Planning Controls • The use of CCTV systems • Designated Public Places Orders • Early Morning Restriction Orders • The introduction of a Late Night Levy • Closure Powers • Police enforcement of the normal law concerning disorder and anti-social behaviour • The prosecution of individuals selling alcohol to persons who are drunk • The review of premises licences where appropriate.

6.5 The Licensing Authority will undertake a Cumulative Impact Assessment (CIA), as introduced into the 2003 Act by the Policing and Crime Act 2017, when considering whether or not to publish a special cumulative impact policy.

6.6 The Licensing Authority will consider representations based on the impact on the promotion of the licensing objectives in the City when having regard to the particular application in front of them.

6.7 The effect of adopting a special policy of this kind is to create a rebuttable presumption that applications for new premises licences or club premises certificates or variations that are likely to add to the existing cumulative impact will normally be refused, following relevant representations, unless the applicant can demonstrate in their operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

6.8 The Licensing Authority will review any CIA every three years to see if it is still needed.

6.9 The Licensing Authority will not use such policies solely:

(a) As a grounds for removing a licence when representations are received about problems with existing licensed premises, or

(b) to refuse modifications to a licence, except where the modifications are directly relevant to the Policy, for example where the application is for a significant increase in the capacity limits.

(c) As grounds for introducing fixed terminal opening hours unless the circumstances of an individual premise or application so warrant.

6.10 The Licensing Authority recognises that the diversity of premises selling alcohol, serving food and providing entertainment covers a wide range of contrasting styles and characteristics and will have full regard to those differences and the differing impact these will have on the local community.

5 December 2018 2018 Draft V1 Page 25 of 194 Licensing Policy

6.11 It therefore also recognises that, within this Policy, it may be able to approve licences that are unlikely to add significantly to the cumulative effect of existing licences and will consider the circumstances of each individual application.

7. The Licensing Objectives

7.1 This part of the policy details the Council’s commitment in relation to the Licensing Objectives. The four objectives are: • The Prevention of Crime and Disorder • Public Safety • The Prevention of Public Nuisance • The protection of Children from Harm

Each objective is of equal importance and of paramount consideration at all times.

7.2 When addressing the Licensing Objectives an applicant for a premise licence should initially identify any particular issues (having regard to their particular type of premises and/or activities) which are likely to adversely affect the promotion of those objectives and include the steps they intend to take to address these issues within their operating schedule.

7.3 The application may be subject to a hearing, following a relevant representation, where the Licensing Authority may impose conditions it deems appropriate for the promotion of the licensing objectives.

7.4 Similarly, if a currently licensed premises causes concern then it may be subject to a review.

7.5 Therefore the Premises Licence Holder and Designated Premises Supervisor should work with the Responsible Authorities to ensure that such steps, as are required, are taken to promote the licensing objectives. The measures should be necessary, proportionate and reasonable to promote the licensing objectives.

7.6 While applicants are not required to seek the views of responsible authorities before formally submitting their application, they may find them to be a useful source of expert advice on local issues that should be taken into consideration when making an application. The licensing authority encourage co-operation between applicants, responsible authorities and, where relevant, local residents and businesses before applications are submitted in order to minimise the scope for disputes to arise. There may be resident or business groups which can be consulted.

7.7 Applicants are required to make it clear in their applications, why the steps they are proposing are appropriate for the premises in order to promote the licensing objectives.

6 December 2018 2018 Draft V1 Page 26 of 194 Licensing Policy

7.8 All parties are expected to work together in partnership to ensure that the licensing objectives are promoted collectively; the legislation actively encourages a partnership approach.

7.9 Where there are no disputes, the steps that applicants propose to take to promote the licensing objectives, as set out in the operating schedule, will translate directly into conditions that will be attached to premises licences.

7.10 For some premises, it is possible that no measures will be appropriate to promote one or more of the licensing objectives, for example, because they are adequately covered by other existing legislation. It is however important that all operating schedules should be precise and clear about the measures that are proposed to promote each of the licensing objectives.

8. The prevention of Crime and Disorder

8.1 The Licensing Authority expects individual licence holders, new applicants and temporary event organisers to regularly review their arrangements in addressing crime and disorder issues pertinent to their particular licensable activities and/or premises. Licence holders need to be pro-active in reducing all types of crime and anti social behaviour committed by persons using their premises and where specific problems have been identified, are encouraged to work in partnership with the police and other responsible authorities to tackle those problems.

8.2 In considering any application before it, the Licensing Authority shall have regard to Crime and Disorder legislation that requires a local authority to do all that it reasonably can to prevent crime and disorder in its locality.

8.3 In addition to the above, the Licensing Authority in discharging its responsibilities under this licensing objective, shall have regard to all other relevant legislation and in particular Anti-social Behaviour and other government and local strategies such as:

(a) Action Plan for tackling Alcohol Related Crime, Disorder and Nuisance;

(b) Alcohol Strategy for 2016 - 2020

(d) Planning Policy Guidance;

(e) Safer Clubbing – (see the Checklist at Appendix ‘B’ for club owners, managers and event promoters and Appendix ‘C’ for key actions involving the City Council);

(f) Better Regulation Delivery Office: ‘Age Restricted Products Services – A Code of Practice for Regulatory Delivery’, and

(g) Crime and Disorder Reduction Strategy.

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Partnership Working

8.4 The Council is keen to work with the other Responsible Authorities and relevant regulatory bodies to reduce crime and disorder in the City. The Council has set up a Responsible Authorities Group which meets regularly to discuss licensing matters and will aim to work closely with the licensed trade to address related issues that arise.

CCTV

8.5 CCTV remains one of the most effective measures for reducing crime and disorder. The Licensing Authority expects premises that retail alcohol for consumption on or off the premises shall have an effective CCTV system installed that operates in compliance with the current Humberside Police Code of Practice.

Door Supervisors

8.6 The times during which door supervisors are employed and the number considered necessary is a matter for the premises licence holder and designated premises supervisor to address when promoting the four licensing objectives. However, licence holders, or designated premises supervisors should consider employing door supervisors in the following circumstances: where alcohol is sold after 11.00 pm, where dancing is provided, at premises where the maximum occupancy figure is anticipated and at premises providing entertainment carrying a special risk. Special risk events could include adult entertainment, pugilistic events or a demonstration of hypnotism.

Drugs

8.7 The Licensing Authority recognises that drug use is not something that is relevant to all licensed premises. However, it is also recognised that special measures must be taken to prevent the sale and consumption of illegal drugs.

8.8 The Licensing Authority recommends the provision, by the premises licence holder, of a secure receptacle for the storage of seized drugs, in all premises selling alcohol after 12.00 midnight where dancing is provided as part of the entertainment.

8.9 It is further recommended that seized drugs be packaged in containers provided by the licence holder and approved by Humberside Police. The seized drugs should be registered in a log before being deposited in a secure receptacle.

8.10 Humberside Police shall be responsible for the periodic emptying of the secure receptacle.

Bottles and Glasses taken from Premises

8.11 Open bottles and glasses taken from premises can be later used as offensive weapons. Premises licence holders may wish to include in their operating 8 December 2018 2018 Draft V1 Page 28 of 194 Licensing Policy

schedules measures that will prevent such use (see. Appendix ’H’ , Polycarbonate Containers and Toughened Glass).

Controlling Numbers

8.12 Overcrowding in premises offers major potential for crime and disorder. Premises Licence Holders and Designated Premises Supervisors should ensure that members of staff responsible for door control are aware of the maximum occupancy figure. Consideration should be given to the increased use of outside areas and the impact this has on maximum occupancy figures.

8.13 In premises where the maximum occupancy figure is likely to be achieved the Licensing Authority recommends the use of a counting system that indicates the number of occupants at any one time.

Proof of Age

8.14 The licence holder, or designated premises supervisor of premises licensed for the sale or supply of alcohol, frequented by young persons, should consider adopting a suitable proof of age policy. The Yorkshire and the Humber Trading Standards Group has produced an underage sales guidance pack for suppliers of age restricted products, copies of which are available from the Licensing Section.

Dancing

8.15 Dancing in crowded areas may be a potential flashpoint for violence and disorder. The Licensing Authority recommends that licence holders carry out a thorough risk assessment that measures customer comfort and promotes a safe environment and assists supervision.

8.16 Any applicant should consider, as a matter of course: the construction and positioning of a suitable permanent or temporary dance floor, adequate supervision of dancers, a safe location for the DJ or artists, any potential impact of special effects and lighting, areas for safe bottle and glass storage, no drinks on the dance floor and any noise nuisance.

Sporting Events

8.17 On some occasions sporting events maybe a cause of crime and disorder. Where disorder at sporting events in the City may be reasonably anticipated, the Licensing Authority encourages licence holders to close when requested to do so by the senior police officer in charge of the event, or his agent.

8.18 Premises licence holders should give consideration to the use of door supervisors on days when custom is likely to be affected by a sporting event.

Premises Providing Entertainment

8.19 The Licensing Authority asks that care is taken when advertising any entertainment to ensure that any displayed advertisement does not offend against

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good taste or decency, encourage or incite crime, lead to disorder, or be offensive to the public.

8.20 Premises that provide adult entertainment involving striptease/nudity but do not meet the threshold level requiring them to be licensed as a ‘sexual entertainment venue’ (see 10.4 below) are encouraged to adopt in their operating schedule the special guidelines shown at Appendix ‘D’ attached to this policy.

Off-licences

8.21 Off-licences present a major concern to the Licensing Authority over the escalation of crime and disorder from shoplifting and the sale of alcohol to underage persons . Whilst particular focus will clearly be on alcoholic products, retailers with an off licence have responsibility to discourage, disrupt and prevent all crime linked to their store. Retailers have primacy for being proactive in reducing crime and anti-social behaviour committed by visitors to their premises, working in partnership and with the police and local authority.

The Licensing Authority recommends that the following steps be taken:

(a) The proper siting and protection of stock within the shop to ensure against shoplifting. Where practically possible alcoholic products should be stored behind a counter. Alcoholic and non-alcoholic products should not be stored together, i.e. in fridges etc, to prevent not only shoplifting, but the sale of alcohol to those under age.

(b) Checking the ages of young persons purchasing alcohol by operating an effective proof of age system.

(c) Ensuring that purchases of alcohol have not been made on behalf of under-age persons waiting outside the premises. This can be achieved by having unobstructed shop windows or a CCTV camera situated on the front of premises.

(d) That documented staff training is established and implemented.

When it is considered appropriate, the Licensing Authority may impose conditions that there should be no sale of beers, lagers and ciders with an alcohol by volume (abv) greater than 6.5%. The authority may impose other conditions as appropriate to reduce theft or street drinking.

Club/Pub Watch

8.22 The Licensing Authority recognises the important role of licensees working together to create a safe and secure environment for customers, thereby reducing crime and disorder in the area.

8.23 The Licensing Authority will therefore do all that it can to support the creation and effective working of Club and Pub Watch schemes and other trade associations in the area.

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9. Public Safety

9.1 Licensed premises have a significant potential to have an adverse impact on public safety through its activities, such as accidents and injuries from planned and unplanned activities. The majority of accidents are foreseeable, and if the risks are properly considered, they can be significantly reduced.

9.2 Licensed premises should use the principles of risk assessment and undertake a suitable and sufficient risk assessment in determining the steps to be taken to promote the Public Safety objective. Example risk assessments for specific kinds of premises (pub, nightclub, off licence, convenience store, village hall, food preparation, etc.) are available on the HSE website www.hse.gov.uk/risk.

9.3 In the interest of public safety, all licensed premises should be maintained to an acceptable level, in accordance with current legislation and safety standards. The Premises Licence Holder and the Designated Premises Supervisor should ensure the standards are maintained.

9.4 To promote public safety the Licensing Authority will consider whether or not appropriate risk assessments, management procedures and maintenance and inspections are in place and are made available to the relevant authorities. In particular the Licensing Authority would consider:

(a) Whether the application has identified the maximum number of persons that can be present on the premises, and parts thereof, that will permit the safe operation of the premises and the safe evacuation of persons in the event of fire or any other cause.

(b) What procedures are in place to record the number of persons on the premises at any one time.

(c) The effect of any equipment or special effects on public safety (vehicles, pyrotechnics, lasers, strobe lights and smoke machines etc. ).

(d) Whether there are defined procedures in place for managing medical or other emergencies. These are likely to differ between premises depending upon the activities which the premises gets involved in promoting.

(e) Whether the application has provided clear and precise information on the measures proposed to promote the Public Safety objective.

9.5 In the interest of public safety, all licensed premises should be maintained (including cleaning as appropriate) in an efficient state, in efficient working order and in good repair. Information relating to existing Health and Safety regulations can be obtained from the Council’s Health and Safety Section and their contact details can be found in Appendix ‘M’.

Further detailed guidance to licensees is outlined at Appendix ‘E’ and Appendix ‘I’

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Fire Safety

9.6 Humberside Fire and Rescue have prepared detailed Fire Safety Guidelines which can be found at Appendix ‘F’

Food Safety

9.7 Employers and employees have a statutory duty to comply with the requirements of all current statutes and regulations relating to Food Safety which are not in anyway relieved by the attachment of conditions to a premises licence or a club premises certificate. Further information can be obtained from the Council’s Food/Health and Safety Section and their contact details can be found in Appendix ‘M’.

Alterations to the Premises

9.8 Where premises licence holders wish to make structural alterations, they should inform the Licensing Section if there is a potential impact on the licensable activities or to one or more of the licensing objectives. A plan of the proposed alterations should be included.

9.9 Alterations may result in the need for the premises licence holder to submit either a minor or full variation to the premises licence and advice and guidance on the potential requirements is available from the Licensing Section

10. Prevention of Public Nuisance

10.1 Licensed premises have a significant potential to adversely impact on communities through public nuisances that arise from their operation. Such nuisances include litter, noise, light pollution and noxious smells. The Licensing Authority will consider the potential for nuisance associated with the style and nature of the proposed activities and whether or not the operating schedule contains sufficient and appropriate measures to reduce the risk of nuisance occurring.

10.2 In particular, the Licensing Authority will seek to protect the amenity of residents and other businesses from the potential consequence of the operation of licensed premises in the vicinity. For these purposes, ‘vicinity’ is taken to mean the immediate area around licensed premises.

10.3 At the same time, the Licensing Authority is aware of the importance of the licensed trade to the local economy and its culture and leisure aspirations. Accordingly, it will try and work together with residents, statutory agencies and licensed businesses to ensure a mutual co-existence.

10.4 Where the considerations in paragraph 10.5 below apply to late-night refreshment premises, they shall only be taken to apply to their operation between the hours of 11.00 pm and 5.00 am when a premises licence would be required.

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10.5 The Licensing Authority will particularly consider the following issues:

(a) The steps taken or proposed to be taken by the applicant to prevent noise and vibration escaping from the premises including music, noise from ventilation equipment, and human voices. Such measures may include the installation of soundproofing, air conditioning, acoustic lobbies and sound limitation devices.

(b) The steps taken or proposed to be taken by the applicant to prevent disturbance by customers arriving at or leaving the premises. This will be of greater importance between 10.00 pm and 7.00 am than at other times of the day.

(c) The steps taken or proposed to be taken by the applicant to prevent queuing (either by pedestrian or vehicular traffic). If some queuing is inevitable then queues should be diverted away from neighbouring premises or be otherwise managed to prevent disturbance or obstruction.

(d) The steps taken by the applicant to prevent obstruction of the highway. This is particularly important where the premises does not have a dedicated smoking area within its boundary and patros use the highway to smoke.

(e) The steps taken or proposed to be taken by the applicant to ensure staff leave the premises quietly.

(f) The arrangements made or proposed for parking by patrons, and the effect of parking by patrons on local residents.

(g) Whether there is sufficient provision for public transport (including taxis and private hire vehicles) for patrons. In this instance Licence Holders or Designated Premises Supervisors may wish to consider displaying timetables for late night bus operations in the foyer of their premises. They may also wish to consider dedicated telephone lines direct to hackney carriage/private hire offices.

(h) Whether licensed taxis or private hire vehicles are likely to disturb local residents.

(i) The installation of any special measures where licensed premises are or are proposed to be located near sensitive premises such as nursing homes, hospitals, hospices, domestic dwellings and in particular flats above licensed premises, or places of worship.

(j) The use of premises for the consumption of food or alcohol, in particular:

i) The hours such activities take place;

ii) Whether the premises are close to residential accommodation;

iii) The need for supervision of those areas;

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iv) The measures in place to disperse patrons when proposed activities cease, and

v) The proposals to clean the area and remove glasses and crockery etc.

(k) Delivery and collection areas and times;

(l) The siting of external lighting, including security lighting that is installed inappropriately;

(m) Whether the premises would lead to increased refuse storage or disposal problems, or additional litter (including cigarette ends, fly posters and illegal placards) in the vicinity of the premises, and

(n) Any history of previous nuisance complaints proved against the premises, particularly where statutory notices have been served on the present licensees.

10.6 Many of the above issues can be addressed by the adoption of a dispersal policy, no matter what size of premises is being operated. Such a dispersal policy is shown at Appendix ‘G’.

10.7 Applicants should note that the granting of a licence does not remove the need to comply with statutory requirements including planning and all legislation relating to environmental protection will continue to apply.

11. Protection of Children from Harm

11.1 The Licensing Authority works alongside Hull Safeguarding Children Board to ensure that appropriate protections are in place to protect children from harm on licensed premises. This includes identifying any risk to safeguarding and child sexual exploitation (CSE), whilst children are on the premises, and putting relevant controls in place.

11.2 This Policy presumes that children will be allowed access to any part of licensed premises of whatever kind, subject to:

(a) the licensee's discretion, and/or

(b) any conditions included in a premises licence or club premises certificate, and

i) Where there have been convictions of members of the current staff for serving alcohol to minors.

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ii) Where premises have a reputation for underage drinking.

iii) Where there is a known association with drug taking or dealing.

iv) Where there is a strong element of gambling on the premises.

v) Where entertainment of an adult or sexual nature is proposed.

vi) Where the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided at the premises.

vii) Where members of the current staff have been convicted of a sexual offence against any persons or children in particular.

11.3 Where licence holders have reasons to restrict the access of children to licensed premises, appropriate means of so doing will include the following. The choice or extent of such restrictions will depend on the specific circumstances of the relevant premises.

a) Limitations on the hours when children may be present;

b) Age limitations (below 18);

c) Limitations or exclusions when certain activities are taking place, and

d) Requirements for accompanying adults/parental supervision.

11.4 To avoid doubt, a complete ban on the access of children to licensed premises will only be imposed in exceptional circumstances albeit that this Policy does not require the admission of children to any premises.

11.5 To avoid confusion, licence holders are recommended to prominently display on the exterior of their premises an advisory notice indicating whether or not children are allowed access to those premises.

11.6 When addressing Protection of Children from Harm, the applicant should initially identify any particular issues (having regard to their particular type of premises and/or activities) which are likely to cause concern in relation to children and include within the operating schedule such steps as are deemed necessary to resolve them.

11.7 For the purposes of the Licensing Act 2003 the Licensing Authority considers the ‘Responsible Authority’ with regard to Protection of Children from Harm to be the Hull Safeguarding Children Board.

11.8 Hull Safeguarding Children Board has produced an information and guidance document – ‘Protecting Children from Harm in Licensed Premises’ which is shown at Appendix L

11.9 Special consideration in respect of Cinemas

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The Licensing Authority will expect licensees to impose conditions that children who have not reached the prescribed age will be prevented from viewing age restricted films, classified by the BBFC or the City Council itself.

11.0 Regulated Entertainment

At places of regulated entertainment the Licensing Authority may require licensees to make appropriate arrangements for the supervision of children on the premises including their entry and exit. This may include the provision of a minimum number of suitably qualified staff who have been subject to the appropriate checks conducted by the Criminal Record Bureau.

11.11 CSE and Safeguarding Training

Premises Licence Holders should consider giving training to their staff to raise awareness of CSE and safeguarding issues. This training is relevant to all premises, but especially to those that allow children into the premises.

12. Other Statutory Provisions

12.1 When considering the Licensing Policy and determining applications the Council has considered other statutory requirements and in accordance with the Secretary of State’s Guidance this policy will aim to avoid duplication with other statutory provisions.

12.2 Equalities

The Licensing Authority is fully committed to promoting equal opportunities and non-discriminatory practice. The Licensing Authority will comply, in the exercise of all its functions, with the Equality Act 2010 which places a legal obligation on public authorities to have due regard for the need to eliminate unlawful discrimination, harassment and victimisation, to advance equality of opportunity and to foster good relations between persons with different protected characteristics. The protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

12.3 The Licensing Authority will comply with the guidance issued by the Secretary of State in relation to equality issues.

12.4 Health and Safety

The Licensing Authority will not usually attach conditions to a licence relating to current health and safety legislation; however breaches of such legislation will be taken very seriously. Action could result in a review of the premises licence where the holder has committed an offence under this legislation (See appendices I and J for more information).

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12.5 Adult Entertainment (Sex Establishment Licence)

Hull City Council has adopted Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Policing and Crime Act 2009) in order to regulate sex shops, sex cinemas and sexual entertainment venues within the City; therefore an application for a Sex Establishment Licence should be made if the premises licence holder wishes to provide a lap dancing club or similar venue.

12.6 Smoking

Smoking is not permitted in those parts of the premises which are enclosed or substantially enclosed in accordance with the Health Act 2006. Breaches of such legislation will be taken very seriously. Action could result in a review of the premises licence where a person has committed an offence under this legislation.

Further guidance on smoking related issues can be obtained from the Council’s Health and Safety Section see appendix M.

12.7 Copyright Where the licensable activities include the playing of recorded music, he licence holder should have the appropriate Performing Rights Society and Phonographic Performance licenses in place, as well as being compliant with any subsidiary regulations relating to copyright.

12.8 Provision of toilet facilities for staff and the public

Public Toilets

Public toilets must be provided at any ‘relevant place’ including places of regulated entertainment and places where food or drink is sold to members of the public for consumption on the premises.

For licenced premises, toilets including washing facilities, must be provided in accordance with British Standard: Sanitary Installations (BS 6465-1:2006 , having regard to the occupancy figure for the premises.

Staff Toilets

Staff toilets must be provided in accordance with the Workplace (Health, Safety and Welfare) Regulations 1992, as amended.

13. Club Premises Certificates

13.1 The Licensing Act 2003 recognises that private premises acting as private members’ clubs, restricting access to members of the public; and where alcohol is supplied rather than sold for profit, should be treated differently from commercial enterprises selling to the public. Such clubs can apply for a club premises

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certificate. There is no need for a Designated Premises Supervisor in respect of a club premises certificate, but such clubs are encouraged to specify a member of the committee as a first point of contact in respect of issues relating to their club premises certificate.

13.2 Any club run commercially by a person for business or profit does not qualify for a club premises certificate and would therefore require a premises licence.

12.3 Clubs that hire out a function room to non-members would require either a premises licence or the submission of a Temporary Event Notice.

14. Licensing Hours

14.1 The Licensing Authority recognises that longer licensing hours for the sale of alcohol would avoid large numbers of people leaving premises at the same time, which in turn could reduce the friction at late night fast food outlets, taxi ranks, private hire offices and other sources of transport that could lead to disorder and disturbance.

14.2 Fixed trading hours within designated areas will not be set as this could lead to significant movements of people across boundaries at particular times seeking premises opening later, with the attendant concentration of disturbance and noise.

14.3 This would treat residents in one area less favourably than those in another, as well as causing the peaks of disorder and disturbance that legislation is trying to avoid.

14.4 The Licensing Authority will deal with the issue of licensing hours having due regard to the individual merits of each application. However, consideration will be given to imposing stricter conditions in respect of noise control where premises are situated in mainly residential areas.

14.5 Licence holders are recommended to prominently display a notice, on the outside of the premises indicating the approved opening times.

Shops, Stores and Supermarkets

14.6 The Licensing Authority will generally consider licensing shops, stores and supermarkets to sell alcohol for consumption off the premises at any times they are open for shopping.

14.7 However, it may consider there are very good reasons for restricting those hours, for example, where police representation is made in respect of shops known to be the focus of disorder and disturbance.

15. Integrating Strategies

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15.1 There are many stakeholders in the leisure industry, covering a wide range of disciplines. Many are involved, directly or indirectly, in the promotion of the licensing objectives, particularly those relating to the Prevention of Crime and Disorder and Public Nuisance.

15.2 The licensing authority will secure the proper integration of its licensing policy with local crime prevention, transport, tourism, equality schemes, cultural strategies and any other plans relating to the management of the City and the Night Time Economy.

15.2 Many strategies deal in part with the licensing function, and the Responsible Authorities Group will aim to ensure proper integration with those l strategies.

15.3 Arrangements has been made for the Licensing Committee to be informed of integrating strategies to ensure these are reflected in their decisions:

16 Licensing and Planning

16.1 Planning permission, building control and licensing regimes involve consideration of different, albeit related, matters, and these regimes will be properly separated to avoid duplication. However at both national and local government levels there is a desire to see greater integration between Planning and Licensing.

16.2 If no relevant representations against an application are received then the Licensing Authority has no discretion and the licence must be granted as applied for subject only to conditions which are consistent with the Operating Schedule and relevant mandatory conditions, irrespective of any Planning Conditions that are present in respect of the premises.

16.3 Therefore anyone applying for a premises licence will need to be aware of and note that they will be bound by restrictions imposed by the planning consent as well as the restrictions that might be imposed on the premises licence. Consideration should be given to the use of both internal and external areas of the premises in this respect.

16.4 Where there are relevant representations, it is recommended that Licensing Sub- Committees, once they have made a decision based on the effect that the application will have on the Licensing Objectives, should then take into account any relevant planning information received from Planning Officers when deciding on the appropriate hours and conditions relating to premises.

16.5 These may not be directly related to the promotion of the licensing objectives but will, indirectly, impact on them. Therefore co-ordination and integration is very important.

16.6 There are circumstances when, as a condition of planning permission, a terminal hour has been set for the use of the premises. Where these hours are different to the licensing hours, the applicant must observe the earlier closing time. Premises

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operating in breach of their planning permission would be liable to legal action under planning law.

16.7 Applicants are encouraged to indicate, when applying for a licence under the 2003 Act, whether they have also applied for planning permission or that they intend to do so. This gives licensing and planning officers the opportunity to discuss applications prior to determination with the aim of agreeing mutually acceptable operating hours and scheme designs.

17. Licence Conditions

17.1 In order to minimise problems and the necessity for hearings, it would be sensible for applicants and clubs to consult with responsible authorities when operating schedules are being prepared. This would allow for proper liaison before hearings prove necessary.

17.2 Where the responsible authorities and other persons do not raise any representations about the application made to the Licensing Authority, the Licensing Authority will grant the licence or certificate subject only to conditions that are consistent with the operating schedule or club operating schedule and any mandatory conditions prescribed in the 2003 Act itself.

17.3 The Licensing Authority cannot impose any conditions unless its discretion has been engaged following the making of relevant representations and it has been satisfied, at a hearing, of the necessity to impose conditions due to the representation raised. It will then, only impose conditions as are appropriate to promote the licensing objectives arising out of consideration of the representation. Such conditions will be focused on those matters which are within the control of the licence holder and will relate to the premises or the vicinity of them.

17.4 The Licensing Authority will not normally prescribe conditions that duplicate other legislation. However, it does recognise that this will not always cover all issues that may arise as a result of the provision of licensable activities. Therefore certain additional conditions may need to be applied to promote the licensing objectives.

18. Designated Premises Supervisors

18.1 The main purpose of the ‘Designated Premises Supervisor’, as defined in the 2003 Act is to ensure that there is always one specified individual, among the personal licence holders, who can be readily identified for the premises where the sale of alcohol is permitted. That person will normally have been given day to day responsibility for running the premises by the Premises Licence Holder.

18.2 In view of this definition, the Licensing Authority would expect an applicant for a premises licence to confirm in his operating schedule, that the designated premises supervisor will regularly attend the premises and be in day to day charge of them.

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19. Temporary Event Notices

19.1 The Licensing Act 2003 permits licensable activities for less than 500 people to take place without the need for a premises licence being in place. However, advance notice (a Temporary Event Notice or TEN) must be submitted to the Licensing Authority, Humberside Police and the Council’s Environmental Health (Environmental Regulation and Health and Safety Teams).

19.2 There are two types of TEN, a Standard TEN and a Late TEN:

• A Standard TEN is given no later than ten clear working days before an event is due to commence and the police and Environmental Health then have three working days to object to it on the basis of one or more of the four licensing objectives. If the Licensing Authority receives an objection then a hearing will be held unless all parties agree to modify the TEN.

• A Late TEN is intended to be used in exceptional circumstances where the premises user, for reasons beyond their control, cannot submit a standard TEN. It can be given up to five working days before the event, but no earlier than nine working days before the event. If the police or Environmental Health object to a late TEN, then the event will not be able to go ahead.

19.3 The Licensing Authority recognises that many applicants giving temporary event notices will have no commercial background or ready access to legal advice. These will include, for example, people acting on behalf of charities, community and voluntary groups, schools, churches and hospitals, all of which may stage public events to raise funding at which licensable activities will take place. Therefore, the Licensing Authority recommends that at least 28 working days notice be given to hold such events to allow organisers assistance in planning events safely.

19.4 Event organisers are advised to informally contact the licensing authority at the earliest opportunity when planning events. Officers will be able to signpost organisers to relevant services that can provide specialist advice.

20. Applications for: Events to be held on Council land

20.1 The promotion of events in Hull can provide opportunities for community involvement and can attract visitors to the city, contributing to the local economy. Therefore, the Council wishes to encourage cultural and community events being held in the city.

20.2 The Council and its partners holds premises licences for areas in the city, therefore, persons or organisations may not be required to obtain a premises licence or submit a temporary event notice themselves but would need the permission of the licence holder.

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20.3 If you wish to hold an event on Council land in the city, we would strongly advise you to contact the Licensing Authority first to see if the area is already covered by a premises licence and put you in contact with the appropriate person for permission.

20.4 The primary responsibility for safety of at all events rests with the event organisers.

21. Applications for Large Scale Events

21.1 Where large scale events are planned, it is recommended that a premises licence application should be submitted at least 3 months before the event as, in most cases, large events will engage the Event Safety Advisory Group (ESAG).

21.2 The ESAG will meet as often as necessary and communicate event details to all its members. It will work with the event organisers to address any safety issues. Event planning meetings will be held between the event organiser and ESAG members, to discuss risk assessments, stewarding, policing proposals and other event specific information where appropriate. Similarly, site visits will be made.

21.3 The primary responsibility for safety of at all events rests with the event organisers.

22 . Enforcement

20.1 Once licensed, it is essential premises are maintained and operated so as to ensure the continued promotion of the licensing objectives and are operated in compliance with the specific requirements of the Licensing Act 2003 and any conditions applied thereby.

20.2 The Licensing Authority will take proportionate but firm action against those who commit serious offences or consistently break the law.

20.3 The enforcement of licensing law and the inspection of licensed premises will be developed through joint working procedures and protocols, which reflect the need for more effective deployment of police, fire and local authority staff commonly engaged in licensing enforcement. These procedures and protocols will provide for the targeting of resources towards high risk premises and activities that require greater attention, while providing a lighter touch in respect of low risk premises and premises that are well run.

20.4 Kingston upon Hull City Council has adopted the principles of the Government’s Enforcement Concordat and the Regulator’s Code designed to ensure effective and efficient public protection services. Enforcement under the Act will be carried out in a fair and consistent manner and will treat all cases and individuals with consideration and empathy in accordance with those principles.

23 . Live Music, Dancing and Theatre

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21.1 In its role of implementing local authority cultural strategies, the Licensing Authority recognises the need to encourage and promote live music, dance, theatre and performance, including street theatre and street circus, for the wider cultural benefit of the community, particularly for children. The Licensing Authority welcomes applications which would increase the range and frequency of these activities for the benefit of residents and visitors to the City.

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

21.3 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.

21.4 The Live Music Act 2012 creates a general exemption that live unamplified music provided anywhere shall not be regarded as the provision of regulated entertainment if it takes place between 8am and 11pm. However, if the premises sells alcohol for consumption on the premises, then the audience can consist or no more than 200 people. The Act also removes the licensing requirement for providing facilities for entertainment.

21.5 The Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013, removes the licensing requirement for performances of plays and exhibitions of dance between 8am and 11pm, (up to audience limits of 500 people), and indoor sport between 8am and 11pm.(up to audiences of 1,000 people).

24 . Circuses

22.1 The Licensing Authority recognises that music and dancing are likely to be the main attractions in a circus performance which may also include other forms of regulated entertainment. That being the case, much will depend on the content of any entertainment presented, however circuses will often not be required to obtain a premises licence or submit a temporary event notice unless they intend to undertake other licensable activities such as the sale of alcohol or the provision of recorded music.

22.2 When applying for either a premises licence or giving a temporary event notice, the Licensing Authority encourages all operators to have regard to the Animal Charter, adopted by the City Council. Copies of the Animal Charter can be obtained by contacting the Licensing Section, details of which appear on page 2 and Appendix ‘M’

25. Boxing Events

25.1 Boxing events are regulated entertainment under the Licenising Act 2003. Boxing events in the city can vary. Some types of boxing are licensed and follow the standards set by its own licensing body.

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25.2 The Licensing Authority recognises that other types of boxing such as ‘white collar boxing’ and ‘semi-pro boxing’ are not licensed by any bodies and therefore do not necessarily have to follow any standards. The Licensing Authority is aware that there have been a number of deaths and serious injuries from unlicensed boxing recently nationally.

25.3 Where an application is submitted to the Licensing Authority to grant or vary a premises licence, that includes boxing as a regulated entertainment, applicants are expected to agree to undertaking a suitable and sufficient risk assessment or event management plan for boxing events and submit a copy to the Licensing Authority, Environmental Health and police a minimum of 21 days prior to the event taking place.

25.4 The matters that should be included in the risk assessment or event management plan are: • Full contact details of the organisers and other parties involved in the event. • The medical cover that will be provided at this event. • The medical checks that will be carried out on the boxers before and after the fight. • How boxers will be matched up for the event. All boxers will be expected to be evenly matched and fall in the same weight category. • Details of the ring set up and who will be carrying this out. • The numbers of referees and judges taking part in the event. • The type and weight of boxing gloves that will be used by the boxers and how these will be inspected. • What will be the safety rules for the fight and how these rules will be communicated to the boxers, coaches, trainers and other relevant parties.

• Details of the Personal Protective Equipment that will be worn by boxers. • Actions that will be taken in an emergency and how parties will communicate. • Site checks that will be completed prior to the event taking place.

25.5 This list is not exhaustive and they may be other matters that needs to be considered by the organiser, depending on the nature of the event taking place. The organiser is encouraged to contact Environmental Health and police for advise at an early stage. .

26. Administration, Exercise and Delegation of Functions

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

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26.2 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.

26.3 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 Officers.

26.4 The table shown below sets out the agreed delegation of decisions and functions to Licensing Committee, Sub-committee and Officers.

26.5 This form of delegation is without prejudice to Officers referring an application to a Sub-committee, or a Sub-committee to Full Committee, if considered appropriate in the circumstances of any particular case.

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DELEGATION OF FUNCTIONS

Matter To Be Dealt With Licensing Licensing Officers Committee Sub-Committee Application for personal licence If a Police If no objection objection made made Application for personal licence All cases with unspent convictions Application for premises If a relevant If no relevant licence/club premises certificate representation representation made made Application for provisional If a relevant If no relevant statement representation representation made made Application to vary premises If a relevant If no relevant licence/club premises certificate representation representation made made Application for a Minor Variation All cases Decision on whether to consult All cases other Responsible Authorities on a Minor Variation Application to vary designated If a Police All other cases premises supervisor objection made Request to be removed as All cases designated premises supervisor Application for transfer of If a Police All other cases premises licence objection made Applications for interim If a Police All other cases authorities objection made Application to review premises All cases licence/club premises certificate Decision on whether or not a All cases complaint is irrelevant, frivolous, vexatious, etc Decision to object when local All cases authority is a consultee and not the relevant authority considering the application Determination of an objection to All cases a standard temporary event notice Suspend a premises All cases licence/club premises certificate for non-paymentof fees.

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Appendix ‘A’

Consultation

In determining this Licensing Policy, Kingston upon Hull City Council has consulted the following persons/bodies:

• Absolutely Cultured • Admiral Taverns • Andrew Jackson Solicitors LLP • Association of Licensed Multiple Retailers • British Beer and Pub Associations (National, Midland Counties and North) • CAMRA • Chief Constable of Humberside Police • Chief Fire Officer of Humberside Fire and Rescue • Cineworld Cinemas Ltd • Flint Bishop Solicitors • Fraser Brown Solicitors • Freemans Solicitors • Gosschalks Solicitors • Health and Safety Executive • Federation of Licensed Victuallers Associations • Greene King • Hull and Humber Chamber of Commerce • Hull BID • Hull ReNew • Hull Truck Theatre • Hull University Union • J D Wetherspoons • John Gaunt and Partners • Kingston Restaurants • Kuits Solicitors • Kurnia Licensing Consultants • Lisle Court Residents Association • Live Music Forum • Local Immigration Team • Quality Solicitors Lockings • Mincoffs Solicitors • Mitchells and Butlers • Musicians Union • Newland Residents’ Association • NHS Hull Clinical, Commissioning Group • Odeon Cinema • Marstons • Poppleston Allen Solicitors • Posterngate Residents’ Management Company Ltd • Punch Taverns • Rank Group Plc

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• Reel Cinemas • ReFRESH Young People's Substance Misuse Service • Rollits Solicitors • Sandersons Solicitors • TLT Solicitors • Vue Cinemas • Walker Morris Solicitors • Winckworth Sherwood LLP Solicitors • Woods Whur Solicitors • Wharfedale Taverns

• Neighbouring Local Authorities, including:

East Riding of Yorkshire Council North East Lincolnshire Council North Lincolnshire Council

In addition, various other professional persons within Kingston upon Hull City Council have been consulted. These include:

• Hull City Council Members (Councillors) • Director of Public Health and Adult Services • City Early Intervention Manager • City Public Health and Wellbeing Manager • Assistant Head of Service (Public Protection) • Area Teams • Assistant City Manager City Planning • Neighbourhood Nuisance Manager • Environmental Regulations Manager • Food/Health and Safety Manager • Hull Safeguarding Children Board • City Trading Standards Manager • Corporate Events Manager

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Appendix ‘B’

The Safer Clubbing Checklist for Club Owners, Managers and Event Promoters

The role of club owners, managers and event promoters is to ensure that all aspects of their venue are designed and run in ways which maximise the safety of customers, performers and staff.

Key activities of club owners, managers and event promoters include:

1. Communicating all safety requirements clearly to performers ensuring that they are familiar with and understand the safety requirements for the venue

2. Developing a constructive working relationship with local authority licensing officers and police officers with licensing responsibilities

3. Developing a venue drug policy in consultation with Licensing and Police Officers

4. Ensuring that all staff are aware of their responsibilities within the drug policy and that they receive training and support to discharge these fully

5. Employing door supervisors who are registered by the Security Industry Authority (SIA)

6. Employing experienced and fully trained first aiders, who hold a valid First Aid Certificate.

7. Providing free and easily accessible supplies of cold water and ensuring the provision of water is supervised to prevent contamination of water by others

8. Liaising with appropriate drug service personnel to provide training to staff, and information, advice and support to clubbers

9. Considering inviting and supporting drug outreach work, including integrating outreach workers into the staff team

10. Sharing intelligence on drug use and drug dealing with police officers and other local venues

11. Informing clubbers of their rights and responsibilities, and encouraging feedback on safety issues

12. Considering the provision of safe transport home

13. Ensuring that all staff are aware of the law, and the responsibilities of the club to work within it

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14. Appendix ‘C’

Key Actions for Licensing Authorities in Connection with Safer Clubbing

In connection with safer clubbing, the role of the local authority Licensing Officers is to take the lead in ensuring that dance venues are designed and run in a way which maximises the safety of customers, performers and staff. With the police, they are responsible for monitoring and enforcing compliance with regulations.

Key activities of local authority licensing officers include:

1. Providing clear information on how to apply for a premises licence

2. Providing induction training to Councillors serving on Licensing Committees

3. Advising venue owners on how to establish and maintain a safe environment

4. Advising venue owners, in partnership with police officers and police licensing officers, on the development of a venue drug policy

5. Ensuring that sufficient first aiders are always present and are trained to a high standard

6. Liaising with police licensing and other officers to ensure good communication about potentially dangerous venues

7. Encouraging venues to use outreach services

8. Encouraging venues to provide safe transport home

9. Monitoring the operation of clubs at times of peak occupancy

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Appendix ‘D’

Code of Practice for Adult Entertainment Involving Striptease/Nudity

This Code of Practice is applied to adult entertainment containing striptease/nudity to ensure that the venue is well run, the performers and customers are properly supervised and that prostitution is not tolerated by the proprietor or his staff, thus avoiding any problems either inside or outside of the premises. The Code of Practice was developed after consultation with Humberside Police, other local authorities and providers of adult entertainment.

Performers

1. Performers shall not engage in prostitution or soliciting.

2. Performers shall not fraternise with customers who are outside of the premises.

3. Performers shall not leave the premises until their engagement is fulfilled unless prevented by illness or injury.

4. Performers who leave the premises during the course of their shift shall not be re-admitted until their next working shift.

5. Performers shall proceed to the dressing area and get dressed immediately after a performance has been completed.

6. Performers shall be fully clothed when not actually performing. This should include appropriate outer garments, excluding dressing gowns and bath robes.

7. No performance shall involve any physical contact between performers.

8. No performance shall involve the use of any sex article as defined by the Local Government (Miscellaneous Provisions) Act 1982).

9. Garters worn for the collection of gratuities shall be situated no higher than mid-thigh.

10. Performers shall not be paid commission on the sale of beverages.

Premises

1. The area proposed for striptease shall:

(a) be in a position where the performance cannot be seen from the street;

(b) be in a designated area segregated from the audience by at least 1 yard,

(c) be in a position where the performers will have direct access to the dressing area without passing through, or close to, the audience.

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2. Table dancing shall only take place in an area segregated and screened from the main audience and will be subject to 1(c) above.

3. There shall be no advertisement of striptease on the outside of the premises or in its immediate vicinity without the prior consent of the Head of Democratic Services.

4. CCTV shall be installed to cover all areas where dancing takes place. The cameras shall continually record whilst the premises are open to the public and recordings should be stamped with the time and date and be retained for a period of 28 days. Recordings and viewing facilities shall be made available to any authorised officer of the Council or a Police Officer on request.

General

1. No person under the age of 18 shall be admitted to the premises when entertainment involving any form of nudity is provided.

2. There shall be no contact between customers and performers other than the placing of gratuities into the garter or hands of the performer.

3. The customer shall remain seated at all times during a table dance.

4. Suitably registered door staff should be employed on the premises during the event. There should be sufficient numbers to control admission to the premises and to monitor activities in the area where the entertainment is to be provided.

5. Performers shall be escorted to their transport when they leave the premises by a member of staff or door person.

6. All performers shall be under the direction of the premises licence holder or designated premises supervisor.

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Appendix ‘E’

Guidance Notes on Health and Safety

Electrical and Gas Safety

Premises licence holders and designated premises supervisors should ensure that the following standards are maintained:

1. The electrical installation shall be inspected and tested in accordance with regulations current at the time of inspection.

2. There shall be at all times, kept readily available for examination all authorised officers of the Council , current Electrical Installation Condition Report and, where appropriate, Electrical Completion Certificate(s) for all electrical circuits, alterations and modifications albeit temporary or permanent. Circuits serving and comprising any Emergency Lighting System and Fire Warning System must also be certificated.

3. Electrical Installation Condition Reports shall only be issued by a competent person.

4. Electrical Installation Condition Reports shall include details and results of all tests undertaken.

5. A schedule of work as defined by the competent person must accompany or form part of any Electrical Installation Condition Report and any work required to be done must be completed within 28 days, or within the period specified by the competent person, whichever is the sooner. Work done must be covered by additional certification.

6. Suitable Residual Current Devices, have an adequate load current rating and a 30mA tripping current and operating within 40mS at a tripping current of 150mA (i.e. 5 x the tripping current) shall be installed to protect: -

(a) all socket outlets for use with temporary or portable electrical equipment;

(b) all circuits associated with spotlights or other stage lighting equipment, and

Alternatively, suitable safe system(s) may be agreed in writing by the Council.

7. The designated premises supervisor shall test all Residual Current Devices at least once every period of 28 days and shall maintain a record of all tests made, and such record shall be kept readily available for examination.

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8. All portable equipment used on the premises, shall be examined by a competent person , and maintained in a safe condition.

9. Any temporary electrical installation shall be installed by a competent person and shall be inherently safe.

10. No temporary electrical installation shall remain connected to the permanent electrical installation when not in use.

11. Any electrical cable not forming part of the permanent installation shall be heavily and adequately insulated and protected, and any metal clad switch gear, spot lamp frames or similar equipment shall be effectively earthed and each circuit adequately fused or protected by earth leakage circuit breakers.

12. The designated premises supervisor shall ensure all gas fittings (including pipe work, meters, appliances, etc) at the premises are maintained and checked by a competent Gas Safe Register engineer every 12 months. There shall be at all times, readily available maintenance records for all authorised officers of the Council.

Accidents

The designated premises supervisor shall keep a record of all accidents, however caused, to all persons using the premises. Records must be kept readily accessible and available for inspection by all authorised officers of the Council. Such records shall include: -

1. Full name and address of the injured person;

2. Age and sex;

3. Date, time and exact location of accident within the premises;

4. Nature of injury or condition;

5. Reference to further medical attention;

6. Name and contact details of any witness;

7. Status of injured person, i.e. employee, public, self-employed;

8. Description of circumstances, and

9. Outcome/follow up.

Where the Kingston upon Hull City Council is the enforcing authority for the purposes of Health and Safety at Work legislation, notification in compliance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations will be deemed to satisfy the above requirement.

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The easiest way to report accidents at work is online: http://www.hse.gov.uk/riddor/index.htm Alternatively, for fatal accidents or accidents resulting in specified injuries to workers only, you can phone 0345 300 9923. There is no longer a paper form for RIDDOR reporting, however should it be essential for you to submit a report by post, please send it to: RIDDOR Reports Health and Safety Executive Redgrave Court Merton Road Bootle Merseyside L20 7HS

First Aid Requirements

A first-aid box shall be provided and its contents properly assessed.

The first-aid box shall be clearly identifiable with a white cross on a green background.

Notices shall be clearly and conspicuously displayed describing the location of the first-aid box.

As a minimum, a person appointed to take charge of first-aid arrangements, such as initial response to the accident, calling the emergency services and recording details of the accident will be necessary.

In premises where there are significant risks, it is likely that trained first aider(s) will be required. A first-aid needs assessment will help to decide what first aid arrangements are appropriate.

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Appendix ‘F’ Humberside Fire and Rescue Service

The Licensing Act 2003

Fire Safety GUIDELINES

These guidelines are issued to assist local licensees to provide suitable and sufficient fire safety measures in licensed premises under the Licensing Act 2003. They DO NOT replace existing legislation relating to Health and Safety

GENERAL

As part of the licensing process the applicant has to submit an ‘Operating’ Schedule. This schedule should contain a Fire Risk Assessment highlighting any significant findings, arising out of the assessment and any remedial actions necessary.

Applicants should include in their submission a Plan on a scale of 1:100 indicating the fire safety provisions in place, this should include available Exits and associated routes, Fire Alarm if fitted, Emergency Lighting and Fire Fighting Equipment .

The plan should clearly state the Occupancy and how the figure had been reached. The Licensing Authority will agree the maximum occupancy level/s after consultation with all statutory consultees.

Further information on how to compile a Fire Risk Assessment and calculate an appropriate occupancy figure is available on the Humberside Fire and Rescue Service website.

Where existing legislation does not provide adequately for the safety of the public or club members the Licensing Authority may include additional conditions to ensure the safety of occupants.

The licensee shall, to the best of his/her ability, maintain and keep good order and decent behaviour on the said premises during the time of the public entertainment and notwithstanding the generality of the foregoing the licensee shall:

1. Provide an acceptable system of:

a) Controlling entry.

b) Identifying the number of persons present on the premises at any given moment in time.

c) Stewarding the premises where the number of people admitted exceeds 50.

2. Produce on demand to any authorised officer of the Authority, the Police and Fire and Rescue Service evidence of the number of persons present on the premises.

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DOORS

The premises shall be provided with an adequate number of exits of sufficient dimension clearly indicated by a pictogram symbol or a combination of text and pictogram in accordance with either the British Standard 5499: Part 1 (specification for fire safety signs) or alternatively with the Safety Signs and Signals Regulations 1996. The signs shall be illuminated by both mains and secondary lighting and conform to the relevant Code of Practice.

NB Text only notices do not comply with the Health & Safety (Signs and Signals) Regulations 1996. They require replacement or supplementing with new signs.

The means of ingress and egress and the passages and gangways shall, during the whole time that the premises are used for the purposes of licensed activities, be kept free, unobstructed and adequately illuminated, both inside and outside the premises.

All final exit doors must be fitted with fastening devices which can be easily and immediately opened from inside without the use of keys.

Any door required for means of escape in case of fire, if fastened during the time the public are in the premises, shall be secured during such time by panic mechanisms only. Doors fitted with panic mechanisms shall be indicated either ‘PUSH BAR TO OPEN’ or ‘PUSH PAD TO OPEN’ in conspicuous and distinctive block lettering.

All doors required as means of escape in case of fire shall open in the direction of egress or where this is not possible be securely fastened in the open position at all times when the public are present on the premises. If this is not possible, limited occupancy will be imposed.

SECURITY DEVICES

Any security devices other than panic mechanisms shall be removed whenever the premises are occupied.

CURTAINS ACROSS DOORWAYS

Curtains across doorways shall be adequately supported. They shall not conceal any notice other than a ‘Push Bar to Open’ notice and shall be so arranged as to draw easily from the centre and slide freely. All curtains shall be so hung that they are 75mm clear of the floor.

FIRE ALARM

An approved means of giving warning in case of fire shall be provided. Where an electrical system is provided it should be installed, maintained and tested in accordance with the current relevant British Standard Specification. All periodic tests and examinations shall be recorded in a logbook kept on the premises.

A relay system shall be fitted into the fire alarm circuit, which will in the event of the fire warning system actuating interrupt the power supply to any music sound system. This will alleviate the possibility of the alarm not being heard over any such system.

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NOTICES

Notices giving instruction on how to call the Fire and Rescue Service must be prominently displayed adjacent to alarm call points and telephones in the premises.

EMERGENCY LIGHTING

An emergency lighting system should be provided, maintained and tested in accordance with the current relevant British Standard Specification. The system provided in the premises and associated escape routes should fulfil the following functions:

1. Indicate clearly the escape routes.

2. Provide illumination along escape routes to allow safe movement towards and through the exits provided.

3. Ensure that the fire alarm call points and fire fighting equipment provided along escape routes can be readily located.

4. Provide illumination to external means of escape arrangements.

5. Where people are unfamiliar with the premises, or there is provision for dimming of the lights and/or alcohol is consumed then generally Final Exits and intermediate luminaries must be on a Maintained System (illuminated at all times that premises are in use) .

All periodic tests and examinations shall be recorded in a logbook kept on the premises.

FIRE FIGHTING EQUIPMENT

All members of the staff at the premises shall be given instruction and training as to their duties in the event of fire or other emergencies and records as to such training shall be kept in a logbook on the premises.

CLOSE SEATED AUDIENCE PROVISIONS

If the premises are to be used with close seated audiences arrangements should be included in the operating schedule and based upon the following guidance:

1. The seating must at all times be so disposed as to provide free and unobstructed access to all exit doors.

2. Width of gangways to be 1050mm minimum.

3. Width of seat ways to be 305mm minimum.

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4. Where the permitted number is more than 250 persons, all seats shall be either securely fixed to the floor or battened together in lengths not less than 4 nor more than 12 and additionally all the rows of seats shall be firmly secured together.

5. Any attachment used for securing a seat or rows of seats shall be so arranged so as not to cause a tripping hazard.

In all premises a diagrammatic plan showing clearly the escape routes and the seating pattern shall be publicly displayed.

HEATING APPLIANCES

All heating appliances should be suitably guarded and fixed in position in such a manner so as to prevent unauthorised persons having access to the controls or being able to approach sufficiently close to the appliance to endanger themselves.

Combustible materials or substances should not be sited close to any heating appliance. In deciding the safe distance regard should be given to the type of heater and the ease of ignitability of the nearby materials or substances.

Care should be taken to ensure that radiant heaters, particularly those fitted with reflectors, are not directed towards combustible materials and that, wherever possible, they are mounted at a high level above head height, usually at least 2.5m above floor level.

No oil-fired heaters, other than those forming part of the boiler installations, should be used in the premises.

No portable Liquefied Petroleum Gas (LPG) heater should be in the premises when members of the public are present. Containers of LPG should be protected against unauthorised interference and accidental leakage. LPG cylinders, both full and empty, should be kept in safe positions in the open air away from other flammable materials or, where this is not reasonably practicable because of exceptional circumstances, in any adequately ventilated storeroom constructed in accordance with HSE Guidance.

ACCESS CONDITIONS

Duly authorised Officers of the Authority, Police Officers and Fire Officers shall at all times have free access to the premises for the purpose of ensuring compliance with the conditions of this licence and shall have access to any necessary records.

EMERGENCY SERVICE ACCESS

Clear access into the premises must be maintained once evacuation has been completed and full access for fire appliances and crews maintained. Appropriate re- entry measures once clearance has been given by emergency services must be written into the Risk Assessment.

Adequate access shall be provided for emergency vehicles at all times.

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QUEUES

In cases in which persons wait in queues for admission, the licensee shall take all reasonable steps to ensure that such persons do not obstruct exits, passageways, stairways and ramps leading to the outside of the premises.

OVERCROWDING

Overcrowding in such a manner as to endanger the safety of the public or to interfere unduly with their comfort shall not be permitted in any part of the premises; procedures should be put in place to prevent this.

Further Information on licensing matters or general fire precautions etc. can be obtained from your Local Authority or Fire and Rescue Service by telephoning:

Kingston upon Hull City Council 01482 300300 The Humberside Fire and Rescue Service 01482 321952/565333 Or visiting the Website www.humbersidefire.gov.uk

This is a brief guide to Fire Safety requirements and safety law. It does not describe the law in detail but rather lists key points for your information.

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Appendix ‘G’

Specimen Dispersal Policy

Dispersal Procedure for XXXX

Introduction

The management of XXXX acknowledges that popular venues are potential sources of nuisance, antisocial behaviour and crime which may create concern for the immediate neighbourhood, certain residents and the relevant authorities. For this reason this Dispersal Procedure (around the terminal hour) has been prepared. This is a document which will be constantly reviewed in order to maximise its impact with the appropriate amount of manpower usage

Definition

The Dispersal Procedure is not to be confused with The Evacuation Procedure, any design standard, any other operational policies or any agreed/enforced rules or guidelines.

The Dispersal Procedure (around the terminal hour) is dedicated to make the maximum contribution by exercising pro-active measures, towards and at the end of trading, to move customers from the venue and its immediate area in such a way as to cause minimum disturbance or nuisance, and to make the minimum impact upon the neighbourhood in relation to potential nuisance, antisocial behaviour and crime.

The relevance of the time of closure is recognised as meriting this special attention and concern.

The Dispersal Procedure has been formulated in conjunction with local management and licensing officers of the Police.

The Dispersal Procedure is subject to review and will address problems and concerns as they are identified in order to establish a permanent reduction or elimination.

Content of Dispersal Procedure Document

1. Relevance of Licensing Conditions:

The conditions of our various licences, around the terminal hour, will be strictly adhered to whilst it will be operated to encourage the dispersal of patrons gradually, both during the last part of trading and following the end of bar service.

Attention will be given to:

(a) Terminal Hour of Special Hours Certificate (b) Terminal Hour of Public Entertainment Licence (c) Operational procedures during drinking-up time

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During the last hour of trading the service points in each bar will be reduced and certain staff re-allocated to collecting glasses or offering customer service in the cloakroom to assist customer departure.

2. End of Evening Operational Policies:

The volume levels, the type of music played and the usage of lighting levels will be used to encourage the gradual dispersal of patrons during the last part of trading and during the drinking-up period.

From 10 minutes before bar closure time, the music tempo and volume will be reduced. This will continue until 10 minutes after bar closure time. After this, ‘walkout’ music will be played.

DJ announcements will be used to both encourage a gradual dispersal and to remind customers of consideration for neighbours.

Management and stewarding procedures will support these aims

3. Cloakroom:

The cloakroom is situated so as to assist the swift return of coats. Management and operation of the cloakroom plays an important part in the dispersal process. (Staffing and control systems will be increased in the period prior to bar closure.)

4. Notices at Exit:

In line with company policies, highly visible notices are placed in the foyer requesting exiting customers to leave quietly and to respect neighbours and their property.

5. Stewards will:

(a) Encourage customers to drink-up and progress to the exit within a venue throughout the latter part of drinking-up time;

(b) Draw the attention of exiting customers to the notices in the foyer and ask them to be considerate;

(c) Ensure the removal of all bottles and glasses from any customer who attempts to leave the venue carrying one. A bottle skip will be positioned just inside the venue by the door to the foyer to collect bottles; the reception counter will be used for glasses. Both will be regularly cleared.

(d) Actively encourage customers not to assemble outside the venue;

(e) Direct customers to the nearest taxi ranks or other transportation away from the area, and

(f) Wear high visibility jackets at this time.

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6. Measures to Promote Customer Dispersal and Safety:

These measures will be taken in association with the local authority and other bodies.

° Takeaway Food — Vans:

Luminar will write to the Local Authority and ask that the food van be positioned much further away from the venue as this encourages patrons (and other persons) to congregate and remain in the area causing the potential for disturbance. They also impede the vision of the venue door by the town centre CCTV system.

7. Marshals:

A Marshal is a patrolling security officer wearing high visibility clothing, who works close to the venue in a designated area and is in direct communication with the venue management. Their aim is to create a highly visible presence and to communicate, rather than deal with potential problems. Often their role is just to encourage our customers to disperse quickly and quietly but they have the added bonus of deterring persons who have not utilised our venue visiting the area.

A marshal will wait in the area of XXXX from XXX to the road defined by XXXX and XXXX

8. Rubbish Patrol:

A Rubbish Patrol’ will be introduced following closure. These persons will pick up bottles and food wrappings in the area of XXXX defined in the marshal’s beat. (Certain of the rubbish is likely to be from sources other than our venue — but will be collected and disposed of) On rare occasions this patrol may be faced with the result of antisocial behaviour such as vomiting. This will be cleared.

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Appendix ‘H’

Best Practice relating to the Prevention of Crime and Disorder

It should be noted in particular that it is unlawful under the 2003 Act:

• to sell or supply alcohol to a person who is drunk

• to knowingly allow disorderly conduct on licensed premises

• for the holder of a premises licence or a designated premises supervisor to knowingly keep or to allow to be kept on licensed premises any goods that have been imported without payment of duty or which have otherwise been unlawfully imported.

• to allow the presence of children under 16 who are not accompanied by an adult between midnight and 5am at any premises licensed for the sale of alcohol for consumption on the premises, and at any time in premises used exclusively or primarily for the sale and consumption of alcohol.

General

When applicants for premises licences or club premises certificates are preparing their operating schedules or club operating schedules, when responsible authorities are considering such applications and when licensing authorities are considering applications following the receipt of any relevant representations from a responsible authority or interested party, the following options should be considered as measures which, if necessary, would promote the prevention of crime and disorder.

The individual circumstances of any premises will depend on a range of factors including the nature and style of the venue, the activities being conducted there, the location of the premises and the anticipated clientele of the business involved. It should also be borne in mind that club premises operate under codes of discipline to ensure the good order and behaviour of members.

Local knowledge of the premises could also have a bearing on any measures being considered.

Under no circumstances should the following measures be regarded as standard conditions. They are examples designed to provide a range of measures drawn from experience relating to differing situations and to offer guidance.

Any individual preparing an operating schedule is at liberty to volunteer any measure, such as those described below, as a step he or she intends to take to promote the licensing objectives. Where they are incorporated into the licence or certificate as a condition, they become enforceable under the law and a breach of such a condition could give rise to prosecution.

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Staff Training

A properly constituted and documented Staff Training Package should be considered with particular reference to the sale of age-restricted products.

Door supervisors

Measures relating to the provision of door supervisors and security teams may be valuable in:

1. preventing the admission and ensuring the departure from the premises of the drunk and disorderly, without causing further disorder;

2. keeping out excluded individuals (subject to court bans or imposed by the licence holder);

3. searching and excluding those suspected of carrying illegal drugs, or carrying offensive weapons; and

4. maintaining orderly queuing outside of venues prone to such queuing.

Where door supervisors, conducting security activities, are to be included as a condition of a licence, they would have to be registered with the Security Industry Authority. Such conditions may also need to deal with the number of such supervisors, the displaying of name badges, the carrying of proof of registration, where and at what times they should be stationed on the premises, and whether at least one female supervisor should be available (for example, if female customers are to be the subject of body searches).

Door supervisors also have a role to play in ensuring public safety (see Appendix ‘J’).

Bottle bans

Bottles may be used as weapons inflicting more serious harm during incidents of Disorder, therefore measures that preclude their use for consumption should be considered. Where ever possible operators should dispense bottled drinks into polycarbonate containers. Consideration should be given to only selling drinks for consumption from the container in plastic bottles. However, responsible authorities and licensing authorities note that many people consider that drinking from bottles is safer. It is easier for them to prevent the spiking of drinks with drugs as the bottle openings can be readily covered. Where this is the consideration the operator should source a supply of bottle stoppers in order to reduce this risk

Polycarbonate containers and toughened glass

Glasses containing drinks have been used as weapons during incidents of disorder and in normal form can cause very serious injuries. The adoption and use, at all times, of polycarbonate or toughened glass containers which inflict less severe injuries should be considered (ref. 6.10 Bottles and Glasses from Premises) Location and style of the venue and the activities carried on there would be particularly important in assessing whether or not such steps are necessary. For example, the use of glass containers on

45 December 2018 2018 Draft V1 Page 65 of 194 Licensing Policy the terraces of outdoor sports grounds may obviously be of concern, but similar concerns may also apply to indoor sports events such as boxing matches. In particular, the use of polycarbonate containers or toughened glass containers during the televising of live sporting events, such as international football matches should be encouraged.

It should be noted that the use of polycarbonate or paper drinks containers and toughened glass may also be relevant as measures to promote public safety.

CCTV

The presence of CCTV cameras can be an important means of deterring and detecting crime outside licensed premises. Any perceived measures should not just take into account a requirement to have CCTV on the premises. but also the need for such a system to conform to the Humberside Police Code of Practice.

The police should provide individuals conducting risk assessments, when preparing operating schedules, with advice on the use of CCTV to prevent crime.

Open containers not to be taken from the premises

Drinks purchased in licensed premises or clubs may be taken from those premises for consumption elsewhere. However, consideration should be given to measures preventing the taking of alcoholic and other drinks from the premises in open containers (e.g. glasses and opened bottles). This may again be necessary to prevent the use of these containers as offensive weapons in surrounding streets after individuals have left the premises.

Restrictions on Drinking Areas

It may be necessary to restrict the areas where alcoholic drinks may be consumed in premises after they have been purchased from the bar. An example would be at a sports ground where the police consider it necessary to prevent the consumption of alcohol on the terracing of sports grounds during particular sports events. Such restrictions should not only specify these areas, but indicate the circumstances in which the ban would apply and times at which it should be enforced.

Capacity limits

Although most commonly made a condition of a licence on public safety grounds, consideration should also be given to measures which set capacity limits for licensed premises or clubs where it may be necessary to prevent overcrowding which can lead to disorder and violence. Where such a measure is considered necessary, consideration should also be given to whether or not door supervisors would be needed to ensure that the numbers are appropriately controlled.

Crime prevention notices

It may be prudent at some premises for notices to be displayed which warn customers of the prevalence of crime which may target them. For example, the displaying of notices 46 December 2018 2018 Draft V1 Page 66 of 194 Licensing Policy on certain premises which warn customers about the need to be aware of pickpockets or bag snatchers, and to guard their property. Similarly notices may be displayed which advise customers not to leave bags unattended because of concerns about terrorism. Consideration could be given to providing a notice to display the name of a contact for customers should they wish to report concerns.

Drinks promotions

Standardised conditions cannot be attached to premises licences or club premises certificates which promote fixed prices for alcoholic drinks. However measures, tailored to the individual circumstances of particular premises, which address irresponsible drinks promotions should be considered. Judgements may be subjective, and on occasions, there will be a very fine line between responsible and irresponsible promotions. It is therefore vital that such matters are considered objectively in the context of the licensing objectives and with the benefit of expert legal advice where appropriate.

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Appendix ‘I’

Best Practice relating to Public Safety (including Fire Safety)

It should be noted that conditions relating to public safety should be those which are necessary, in the particular circumstances of any individual premises or club premises, and should not duplicate other requirements of the law. Equally, the attachment of conditions to a premises licence or club premises certificate will not in any way relieve employers of the statutory duty to comply with the requirements of other legislation. Employers should assess the risks, including risks from fire, and take measures necessary to avoid and control these risks. Conditions enforcing those requirements would therefore be unnecessary.

General

When applicants for premises licences or club premises certificates are preparing their operating schedules or club operating schedules, responsible authorities are considering such applications and licensing authorities are considering applications following the receipt of relevant representations from a responsible authority or interested party, the following options should be considered as measures that, if necessary, would promote public safety. Additional matters relating to cinemas and theatres are considered in Appendix ‘J’. It should also be recognised that special issues may arise in connection with outdoor and large scale events.

Whether or not any risk assessment shows any of the measures to be necessary in the individual circumstances of any premises will depend on a range of factors including the nature and style of the venue, the activities being conducted there, the location of the premises and the anticipated clientele of the business involved.

Local knowledge of the premises could also have a bearing on any measures being considered.

Any individual preparing an operating schedule or club operating schedule is at liberty to volunteer any measure, such as those described below, as a step he or she intends to take to promote the licensing objectives. When incorporated into the licence or certificate as a condition, they become enforceable under the law and a breach of such a condition could give rise to prosecution.

Disabled people

In certain premises where existing legislation does not provide adequately for the safety of the public, consideration might also be given to measures which ensure that:

1. When disabled people are present, adequate arrangements exist to enable their safe evacuation in the event of an emergency; and

2. Disabled people on the premises are made aware of those arrangements.

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Escape routes

It may be necessary to consider measures relating to the maintenance of all escape routes and exits including external exits. These might be expressed in terms of the need to ensure that such exits are kept unobstructed, in good order with non-slippery and even surfaces, free of trip hazards and clearly identified. In restaurants and other premises where chairs and tables are provided this might also include ensuring that internal gangways are kept unobstructed.

In certain premises where existing legislation does not provide adequately for the safety of the public, consideration might also be given to measures which ensure that:

1. All exits doors are easily opened without the use of a key, card, code or similar means;

2. Doors at such exits are regularly checked to ensure that they function satisfactorily and a record of the check kept;

3. Any security fastenings are removed prior to the premises being opened to the public;

4. All fire doors are maintained effectively self-closing and shall not be held open;

5. Fire resisting doors to ducts, service shafts, and cupboards shall be kept locked shut, and

6. The edges of the treads of steps and stairways are maintained so as to be conspicuous.

Safety checks

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given to measures which ensure that:

1. Safety checks are carried out before the admission of the public, and

2. Details of such checks are kept in a Log-book.

Curtains, hangings, decorations and upholstery

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given to measures which ensure that:

1. Hangings, curtains and temporary decorations are maintained in a flame-retardant condition;

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2. Any upholstered seating meets on a continuous basis the pass criteria for smouldering ignition source 0, flaming ignition source 1 and crib ignition source 5 when tested in accordance with section 5 of BS 5852:1990;

3. Curtains, hangings and temporary decorations are arranged so as not to obstruct exits, fire safety signs or fire-fighting equipment, and

4. Temporary decorations are not used without the consent of the Licensing Authority.

Accommodation limits

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given to measures which ensure that:

1. Arrangements are made to ensure that any capacity limit imposed under the premises licence or club premises certificate is not exceeded, and

2. The licence holder, a club official, manager or designated premises supervisor should be aware of the number of people on the premises and required to inform any authorised person on request.

Fire action notices

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given to measures which ensure that:

• Notices, detailing the actions to be taken in the event of fire or other emergencies including how the fire brigade should be summoned, are prominently displayed and protected from damage and deterioration.

Outbreaks of fire

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given to measures which ensure that:

• The fire brigade must be called at once to any outbreak of fire, however slight, and the details recorded in a Fire Log-book.

Loss of water

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given to measures which ensure that:

• The local Fire Control Centre are notified as soon as possible if the water supply to any hydrant, hose reel, sprinkler, drencher or other fire extinguishing installation is cut off or restricted.

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Access for emergency vehicles

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given to measures which ensure that:

• Access for emergency vehicles is kept clear and free from obstruction.

First-aid

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given to measures which ensure that

1. Adequate and appropriate supply of first-aid equipment and materials is available on the premises.

2. If necessary, at least one suitably trained first-aider shall be on duty when the public are present and, if more than one suitably trained first-aider, that their respective duties are clearly defined.

Lighting

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given to measures which ensure that:

1. In the absence of adequate daylight, the lighting in any area accessible to the public, members or guests shall be fully in operation when they are present.

2. Fire safety signs are adequately illuminated.

3. Emergency lighting is not to be altered without the consent of the Licensing Authority.

4. Emergency lighting batteries are fully charged before the admission of the public, members or guests.

5. In the event of the failure of normal lighting, where the emergency lighting battery has a capacity of one hour, arrangements are in place to ensure that the public, members or guests leave the premises within 20 minutes unless within that time normal lighting has been restored and the battery is being re-charged and, if the emergency lighting battery has a capacity of three hours, the appropriate period by the end of which the public should have left the premises is one hour.

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Temporary electrical installations

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given to measures which ensure that:

1. Temporary electrical wiring and distribution systems are not provided without notification to the Licensing Authority at least ten days before commencement of the work.

2. Temporary electrical wiring and distribution systems shall comply with all current recommendations

3. Temporary electrical wiring and distribution systems are inspected and certified by a competent qualified person before they are put to use.

Ventilation

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given to measures which ensure that:

1. The premises are effectively ventilated.

2. Where the ventilation system is designed to maintain positive air pressure within part of the premises, that pressure is maintained whenever the public, member or guests are present in that part of the premises.

3. Ventilation ducting is kept clean.

4. Air filters are periodically cleaned and replaced to maintain a satisfactory air supply.

Indoor Sports Entertainments

In certain premises where existing legislation does not provide adequately for the safety of the public or club members and guests, consideration might also be given to measures which ensure that:

1. If necessary, an appropriately qualified medical practitioner is present throughout a sports entertainment involving boxing, wrestling, judo, karate or other sports entertainment of a similar nature.

2. Where a ring is involved, it is constructed and supported to the satisfaction of the Licensing Authority and any material used to form the skirt around the ring is flame- retardant.

3. At any wrestling or other entertainments of a similar nature members of the public do not occupy any seat within 2.5 metres (2.73 yds) of the ring.

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4. At water sports entertainments, staff adequately trained in rescue and life safety procedures are stationed and remain within the vicinity of the water at all material times (see also Health and Safety in Swimming Pools issued jointly by the Health and Safety Executive)

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Appendix ‘J’

Best Practice relating to Theatres and Cinemas (Promotion of Public Safety)

In addition to the points made in Appendix ‘I’, there are particular matters in the context of public safety and fire safety which should be considered in connection with theatres and cinemas. The points which follow are for consideration and do not represent a mandatory list.

Premises used for Closely Seated Audiences

Attendants

1. The number of attendants on each floor in a closely seated auditorium should be as set out on the table below:

Number of members of the Minimum number of attendants audience present on a floor required to be present on that floor 1 - 100 One 101 - 250 Two 251 - 500 Three 501 - 750 Four 751 -1000 Five And one additional attendant for each additional 250 persons (or part thereof)

2. Attendants shall not be engaged in any duties that would hinder the prompt discharge of their duties in the event of an emergency or entail their absence from that floor or auditorium where they are on duty.

3. Any attendant shall be readily identifiable to the audience (but this need not entail the wearing of a uniform).

4. The premises shall not be used for a closely seated audience except in accordance with seating plan(s), a copy of which is available at the premises and shall be shown to any authorised person on request.

5. No article shall be attached to the back of any seat which would reduce the clear width of seat-ways or cause a tripping hazard or obstruction.

6. A copy of any certificate relating to the design, construction and loading of any temporary seating shall be kept available at the premises and shall be shown to any authorised person on request.

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Standing and Sitting in Gangways etc.

1. Sitting on floors shall not be permitted except where authorised in the premises licence or club premises certificate.

2. Waiting or standing shall not be permitted except in areas designated in the premises licence or club premises certificate.

3. In no circumstances shall anyone be permitted to:

a) sit in any gangway; b) stand or sit in front of any exit, or c) stand or sit on any staircase including any landings.

Drinks

Except as authorised by the premises licence or club premises certificate, no drinks shall be sold to or be consumed by a closely seated audience except in polycarbonate or paper containers.

Balcony Fronts

Clothing or other objects shall not be placed over balcony rails or upon balcony fronts.

Special Effects

Any special effects or mechanical installation should be arranged and stored so as to minimise any risk to the safety of the audience, the performers and staff. Specials effects include: ° Dry ice machines and cryogenic fog ° Smoke machines and fog generators ° Pyrotechnics, including fireworks ° Real flame ° Firearms ° Motor vehicles ° Strobe lighting ° Lasers ° Explosives and highly flammable substances

In certain circumstances it may be necessary to require that certain special effects are only used with the prior consent of the Licensing Authority.

Scenery

Any scenery should be maintained flame-retardant.

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Safety curtain

Where a safety curtain is necessary, it should be arranged so as to protect the audience from the effects of a fire or smoke on stage for sufficient time to enable the safe evacuation of the auditorium. Where a stage with a proscenium arch is not equipped with a safety curtain, any curtains provided between the stage and the auditorium should be heavyweight and be made of non-combustible material or inherently or durably treated flame-retarded fabric.

Ceilings

All ceilings in those parts of the premises to which the audience are admitted should be inspected by a suitably qualified person every five years and a certificate concerning the condition of the ceilings forwarded to the Licensing Authority.

Seating

Where the potential audience exceeds 250 all seats in the auditorium should, except in boxes accommodating not more than 8 persons, be either securely fixed to the floor or battened together in lengths of not fewer than four or more than twelve.

Premises used for Film Exhibitions

Attendants - premises without a staff alerting system

Where the premises are not equipped with a staff alerting system the number of attendants present should be as set out in the table below:

Number of members of the audience Minimum number of attendants present on the premises required to be on duty 1 - 250 Two And one additional attendant for each additional 250 members of the audience present (or part thereof) Where there are more than At least one attendant shall be present 150 members of an audience in any in any auditorium or on any floor auditorium or on any floor

Attendants – premises with a staff alerting system

1. Where premises are equipped with a staff alerting system the number of attendants present should be as set out in the table below:

Number of members Minimum number of Minimum number of staff of the audience attendants required to be on the premises who are present on the on duty available to assist in the

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premises event of an emergency 1 – 500 Two One 501 - 1000 Three Two 1001 - 1500 Four Four 1501 or more Five plus one for every 500 Five plus one for every (or part thereof) persons 500 (or part thereof) over 2000 on the premises persons over 2000 on the premises

2. Staff shall not be considered as being available to assist in the event of an emergency if they are:

(a) the holder of the premises licence or the manager on duty at the premises, or

(b) a member of staff whose normal duties or responsibilities are likely to significantly affect or delay his response in an emergency situation, or

(c) a member of staff whose usual location when on duty is more than 60 metres (65.6 yds) from the location to which he is required to go on being alerted to an emergency situation. 2. Attendants shall as far as reasonably practicable be evenly distributed throughout all parts of the premises to which the public have access and keep under observation all parts of the premises to which the audience have access.

3. The staff alerting system shall be maintained in working order.

Minimum Lighting

The level of lighting in the auditorium should be as great as possible consistent with the effective presentation of the film; and the level of illumination maintained in the auditorium during the showing of films would normally be regarded as satisfactory if it complies with the appropriate standards specified in any current regulations.

Flammable films

No flammable films should be allowed on the premises without the consent of the Licensing Authority.

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Appendix ‘K’

Best Practice relating to the Prevention of Public Nuisance

It should be noted that various statutory provisions provide some protection to the general public from the effects of noise nuisance. In addition, the provisions in Part 8 of the Licensing Act 2003 enable a senior police officer to close down instantly for up to 24 hours licensed premises and premises carrying on temporary permitted activities that are causing nuisance resulting from noise emanating from the premises and under the provisiond of the Anti Social Behaviour Act 2003 an authorised Environmental Health Officer is empowered to Close licensed premises, or premises carrying on a permitted temporary activity, that are causing a noise related nuisance. These matters should be considered before deciding whether or not measures are necessary for the prevention of public nuisance.

General

Public nuisance is a broad concept, which concerns how the activity of one person (or business) affects the public. Public nuisance in the 2003 Act retains its broad common law meaning. It is important to remember that the prevention of public nuisance could therefore include low-level nuisance perhaps affecting a few people living locally as well as major disturbance affecting the whole community. It may also include, in appropriate circumstances, the reduction of the living and working amenity and environment of interested parties (as defined in the 2003 Act) in the vicinity of licensed premises.

The degree to which activities are likely to cause public nuisance will depend on a number of factors including:

1. The time of day/night when they take place. 2. How frequently activities take place. 3. How near other people and premises are that may be affected. 4. The design, structure and layout of the premises. 5. How well the activities are managed.

The public nuisances that are recognised as being of main concern are noise nuisance, noxious smells, littering and light pollution.

The Best Practice for noise control has been taken from “Good Practice Guide on the Control of Noise from Pubs and Clubs” published by the Institute of Acoustics. The applicant is strongly recommended to consult the entire document for help on noise control from licensed premises. The applicant should also consult the British Beer & Pub Association Guide: “Effective Management of Noise from Licensed Premises”

Noise from Music, Singing and Speech Originating from Inside Buildings (Entertainment Noise)

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At the design stage for new premises, when applying for a premises license or variation of an existing license, when planning the refurbishment of existing premises, or when noise disturbance is occurring from existing premises, the following measures should be considered: 1. the determination of an appropriate level of sound insulation based on realistic source and reception levels;

2. the construction of cavity masonry walls, or the addition of sound insulating, independent wall linings to enhance the containment and attenuation of sound;

3. the provision of lobbies with automatic door-closers for building entrances and exits. Where possible, the distance between the inner and outer doors should be sufficient to ensure that one door set is normally closed as people pass through the lobby. It will also be necessary to ensure that wheelchair access is not hindered;

4. the provision of well sealed acoustic doors on emergency exits;

5. the provision of sound insulated windows;

6. the provision of mechanical ventilation or air conditioning systems that will enable windows and doors to be kept closed, hence reducing noise breakout. However, such plant can also create noise or allow internal noise to breakout through ducting or apertures in the structure, and will often need acoustic treatment;

7. the installation of visual or audible alarms to alert staff that doors or windows that should be kept closed, are open. Alternatively, a manual checking system may be adopted;

8. the control of music noise at source, either by reducing the overall sound level of the music, or by reducing the sound level at individual frequencies which are causing, or have the potential to cause, disturbance;

9. the playing of more calming types of music towards the end of an event (this may also help reduce the potential for rowdy behaviour);

10. the use of an approval system for DJs and other performers;

11. the installation of sound level regulatory devices (noise limiters), connected to all permanent music and public address equipment and all available mains power sockets within the area around a stage, within a performance area, or near to a control desk. However, in very noise-sensitive situations it may be found that such devices have to be set so low that music events are not viable; and

12. alterations to the number, location and mounting of loudspeakers so that internal music levels can be kept as low as possible and the transmission of structure- borne noise is minimised.

Noise from Music, Singing and Speech Originating from Outside Buildings (Entertainment Noise)

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In addition to the advice given above, the following noise control measures should be considered for those limited licensed premises where outdoor regulated entertainment is carried out:

1. directing loudspeakers away from the most noise-sensitive buildings;

2. locating stages as far away as possible from, and facing away from, noise-sensitive properties, and

3. using screening provided by existing non-sensitive buildings, barriers and topographical features and the erection of purpose built screening.

When planning an outdoor event, it should be remembered that wind speed and direction significantly affect the propagation of sound over distance.

Use of Gardens and Play Areas

Careful consideration should always be given to the siting of gardens and play areas, intended for the use of patrons, in order to minimise the risk of disturbance to neighbours. The use of gardens and external play areas from which noise disturbance has arisen, or may arise should not commence before the start of normal trading hours and should normally cease at dusk or at 21.00 hours, whichever is the earlier.

Consequently, where there are nearby noise-sensitive premises, the use of lighting in garden and external play areas late into the evening can be undesirable, unless required for health and safety or security reasons. The provision of such lighting may encourage patrons to congregate in these areas and cause noise disturbance at this more sensitive time.

Rowdy Behaviour

This problem normally arises at the end of an event, as closing time approaches and just afterwards. Posting notices close to the exit doors and in car parks, requesting patrons to leave and disperse quietly, may improve the situation. Relaying a similar message through a PA system, where this is practicable, will reinforce such requests. Potential problems from rowdy behaviour should be taken into account when considering the acceptability of proposed locations and the design of new premises. The applicant should adopt and implement a Dispersal Policy . Details of such a policy are given elsewhere in Kingston upon Hull City Council’s Licensing Policy.

In situations where noise-sensitive premises overlook the main entrance/exit, the use of alternative entrance/exit routes, possibly onto a rear or side street, or a car park, may also help to minimise disturbance. Door staff can also assist in minimising disturbance by actively managing entrances and exits.

Use of Car Parks and Access Roads

At the planning stage, access roads and car parks should be kept as far away as possible from noise-sensitive premises. If natural screening exists, its potential for minimising noise disturbance should be maximised. In addition, the screening provided by nearby existing and proposed non noise-sensitive buildings, should also be

60 December 2018 2018 Draft V1 Page 80 of 194 Licensing Policy considered. In some instances, it may also be appropriate to consider the provision of purpose built screening.

Noise from car parks and access roads normally only becomes an issue when patrons are leaving a venue during the later part of the evening or at night. The provision of closed circuit television (CCTV) systems in these areas can provide an effective and safe method of monitoring activities during these periods, and thus allow rapid control or prevention of incidents that may cause noise disturbance. If problems arise, the possibility of closing some car parking areas in the evening and at night should be considered, along with measures such as the provision of additional purpose built screening and the use of traffic calming techniques. It should be noted that speed humps can increase noise and ground-borne vibration levels, particularly from large commercial vehicles.

A specific taxi operator could be nominated for staff use. The company’s telephone number could also be advertised to customers at the venue. Steps should be taken to ensure that any such operator, and all drivers, are aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily. In addition, staff should be required to leave as quietly as possible, particularly at night and early in the morning.

Delivery/Collection/Storage Activities

Steps should be taken at the planning stage to minimise the potential for noise disturbance from deliveries and collections. Particular attention should be paid to the siting of loading, unloading and/or storage areas and the need to minimise vehicle manoeuvring, especially reversing.

If there are frequent commercial deliveries, and/or collections that are resulting in noise disturbance, the management of premises should discuss the following issues with their suppliers and implement those that are necessary and appropriate:

1. restricting such activities, for example, to the normal working day;

2. attempting to limit the number and/or frequency of deliveries and collections;

3. using alternative loading and unloading areas;

4. using alternative delivery/collection vehicles, and

5. using alternative methods of delivery/collection/loading/unloading.

Where premises are close to noise-sensitive properties, the handling of beer kegs, bottles and other similar items should b e a voided in the late evening, at night and during the early morning, particularly outside buildings. Similar steps may also be necessary to restrict the use of bottle banks at these times.

Noise from Plant and Machinery

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Where possible, plant and machinery should be positioned in nearby noise-sensitive properties. Alternatively, or additionally, control measures such as acoustic enclosures, acoustic louvres, silencers, or additional acoustic screening may be necessary.

Where plant and machinery are in, or on, premises that are structurally attached to noise-sensitive property, e.g. a flat above a pub or club, this equipment may need to be installed on anti-vibration mounts to minimise the transmission of structure-borne noise.

Regular maintenance should be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

Noise from Skittle Alleys

Where possible, skittle alleys should be sited away from nearby noise sensitive premises to minimise the risk of noise disturbance.

Where a skittle alley is structurally attached to noise-sensitive premises, additional noise control measures are likely to be necessary. These may include the mounting on isolating material of the alley surface, alley gutters, side walls/back walls/floor of the pit area and the return ball chute. Alternatively, it may be practical to line the side, back walls and floor of the pit with resilient material to reduce impact noise. A common practice is to line the side and back wall of the pit with flattened tyre treads and the floor of the pit with rubber matting. As well as helping to control impact noise, this can also reduce wear and tear on the balls and pins. The use of rubber balls instead of the traditional cherry wood balls is also an option to consider.

Some of the points bulleted above, that can reduce the breakout of sound from source premises, or increase the attenuation provided by source premises, may also be applicable to control noise arising from the use of skittle alleys.

Noise from Smoking Areas

As the Smoke-free Regulations came in to force under the Health Act 2006 , licensed premises may wish to provide an area to allow their patron to smoke in. the applicant must ensure that the proposed area conforms to the requirements of The Smoke-free (Premises and Enforcement) Regulations 2006. The following points should be considered:

1. Loudspeakers should not be used in the outdoor area;

2. Alcoholic drinks should not be consumed in the outdoor area after a curfew time;

3. Outdoor furniture should not be of the aluminium tube variety (as these cause loud noise when scraped along a hard surface), and

4. Any metal outdoor furniture should either have rubber feet and shall be replaced when they are worn or be permanently fixed to the floor. 5. Notices should be displayed reminding customers to have regard for residents of nearby premises in order to minimise noise disturbance.

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Applicants are strongly advised to risk assess their premises with regard to noise nuisance and to compile a noise management scheme. Help with such a scheme is available from the Environmental Protection Section of Kingston upon Hull City Council.

Preventing Noxious Smells

Operating a late night refreshment house and providing food alongside the supply of alcohol is likely to involve cooking foods such as chips, burgers and other fried or spicy foods that produce strong odours. Odours may also arise from waste and bottle storage areas and drainage systems .The release of these odours in the surrounding area may cause a public nuisance Odour emissions from kitchens arise from odorous chemicals that are either too small to be trapped by coarse filtration or are present in the gas phase. The degree and type of odour control required is dictated by:

1. size of the cooking facility;

2. type of food prepared, and

3. location of the premises.

The greater the potential risk of causing harm to the amenity or causing a nuisance the more effective the odour abatement must be. In certain circumstance where local planning requirements restrict the use of tall stacks more emphasis must be placed on odour abatement.

Minimum Requirements For Odour Control at Licensed premises

For new premises or premises covered by planning or license conditions restricting the impact of odour the system shall be designed to prevent public nuisance. To achieve this objective the odour control system should include an adequate level of:

1. odour control, and

2. stack dispersion.

The overall performance of the odour abatement system will represent a balance of 1 and 2.

Any discharge stack should:

1. Discharge the extracted air not less than 1 m (1.9 yds) above the roof ridge of any building within 20 m (21.9 yds) of the building housing the commercial kitchen.

2. If 1 cannot be complied with for planning reasons, then the extracted air shall be discharged not less than 1 m (1.9 yds) above the roof eaves or dormer window of the building housing the commercial kitchen. Additional odour control measures may be required.

3. If 1 or 2 cannot be complied with for planning reasons, then an exceptionally high level of odour control will be required.

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Odour arrestment plant performance

Determination of the correct plant performance level should made by consulting Annexe C of the DEFRA publication Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems.

1. Low to medium level control may include:

(a) Fine filtration or ESP following by carbon filtration (carbon filters rated with a 0.1 second residence time). (b) Fine filtration followed by counteractant/neutralising system to achieve the same level of control as 1.

2. High level odour control may include:

(a) Fine filtration or ESP followed by carbon filtration (carbon filters rated with a 0.2-0.4 second residence time). (b) Fine filtration or ESP followed by UV ozone system to achieve the same level of control as 1.

3. Very high level odour control may include:

(a) Fine filtration or ESP followed by carbon filtration (carbon filters rated with a 0.4 –0.8 second residence time). (b) Fine filtration or ESP followed by carbon filtration and by a counteracting/neutralising system to achieve the same level of control as 1. (c) Fine filtration or ESP followed by UV ozone system to achieve the same level of control as 1. (d) Fine filtration or ESP followed by wet scrubbing to achieve the same level of control as 1.

Maintenance must be carried out to ensure these performance levels are always achieved. The duct work may harbour odour causing accumulations and should be cleaned on a regular basis. The cleaning period for extract ductwork should be:

Heavy Use 12-16 Hours Per Day 3 Monthly Moderate Use 6-12 Hours Per Day 6 Monthly Light Use 2-6 Hours Per Day Annually

Similarly, filters may harbour odour causing accumulations. The replacement periods for systems employing fine filtration and carbon filtration should be:

1. Change fine filters = every two weeks. 2. Change carbon filters = every 4 to 6 months. 3. System employing ESP and other in line abatement = Clean every 2-6 months

Controlling odour from waste and bottle storage

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1. Sealed waste bins big enough to hold all waste which can be thoroughly cleaned should be used and should be cleaned at least once per week. 2. Waste should be collected on a regular basis by a reputable/licensed waste carrier. 3. Waste storage areas should be properly cleaned and have adequate drainage. 4. A regular cleaning programme for all storage areas and waste bins should be devised and implemented.

Controlling odour from drainage systems

1. Food waste should not be put into the drainage system. 2. A grease-trap should be provided to the drainage outlet from kitchens. 3. Grease-traps and drainage systems should be cleaned at least every month. 4. The head of the drainage system should be vented at a high level using a vent stack

Applicants are strongly advised to incorporate odour control methods into a written cleaning schedule with records kept of all cleaning activities. The record should be kept for 1 year and be available for inspection by an authorised officer.

Controlling litter from smoking areas

It is likely that cigarette ends from smokers will either be dropped on to the public highway, which is a crime in itself if it left there, or will migrate to public areas from within smoking areas of the licensed premises. Therefore applicants should consider the following points to prevent litter:

1. A sufficient number of bins and ashtrays at prominent locations should be provided for smoking materials to be placed in.

2. At least 2 legible signs in prominent locations requiring customers not to litter, advising customers that littering is an offence and to place smoking materials in the bins should be provided.

3. A member of staff should clean the area of dropped smoking material and empty ashtrays at least every half hour both within the curtilage and in the vicinity of the licensed premises.

Controlling litter from late night refreshment houses and other food outlets at licensed premises.

Anti-litter messages shall be placed inside stores and on exits and on bins where appropriate to encourage customers to dispose of litter responsibly.

Packaging

1. The amount of packaging should be reduced and bottles cans and other waste should be recycled.

2. Customers should be asked if they actually want a bag or other packaging.

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3. Printed packaging shall display the (minimum size) Tidyman symbol

Litter

1. The applicant should complete a litter management checklist either annually, monthly, weekly, or daily, depending on the premises type.

2. The applicant should arrange to clear all litter daily or hourly from the premises frontage to the edge of the pavement.

3. The licensee should carry out and record an appropriate number of daily litter picks for all litter on the frontage of the premises to the end of the pavement or for 2 metres (2.19 yds) in a pedestrianised area.

4. The applicant should provide X litter bin(s) for outside the premises. These may be either temporary or permanent. The applicant may need to consult with the local authority to install permanent bins.

5. The applicant should reduce the use of promotional leaflets and publicity material. Only hand flyers directly to the public and do not put flyers on vehicle windscreens.

6. Ensure a litter bin is near to the distribution point and clear discarded flyers afterwards.

7. Provide clean and accessible toilet facilities for customers to use so that customers are less likely to urinate or defecate in the street.

Further information can be found in the DEFRA publication Reducing litter caused by ‘food on the go’ – A Voluntary Code of Practice for local partnerships.

Applicants are strongly advised to risk assess their premises with regard to litter control and to compile a litter management scheme. Help with such a scheme is available from the Environmental Regulation Section of Kingston upon Hull City Council.

Preventing light nuisance

Outdoor artificial lighting is used for a number of reasons, including for work, recreation, security, safety, advertising, display and to create a pleasant atmosphere where people gather socially. As many of the premises operating under the Licensing Act will use outdoor lighting late at night, it is important to ensure that it does not become a nuisance to others. Light ‘spilling’ onto other property can cause annoyance, distraction and discomfort and may cause driving problems by glaring into drivers’ eyes or competing with signs and other traffic signals.

The design of larger outdoor lighting installations will need advice from a specialist Lighting Engineer, but the applicant can control even the smallest outdoor installation by:

1. Not “over-lighting” an area – use lighting with an appropriate output for the required purpose. Take particular care when selecting tungsten or halogen lighting.

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2. Siting the lighting carefully and aiming the beam away from sensitive premises and transport systems. Take advantage of natural screening and barriers.

3. Using high mounting positions and directing light downwards, rather than mounting it low and using horizontal light beams.

4. Using properly designed screens, baffles, hoods and louvres on lights to control the direction of the light beam.

5. Turning off lighting when no longer required and using timed automatic cut-off switches, but bearing in mind possible safety issues this may create.

6. Ensuring lights activated by sensors are properly set and used appropriately – i.e. the light is not repeatedly switching on and off, as this itself may cause annoyance.

Lighting from the premises should have:

1. A sky glow Upward Light Ratio of no more than 5%;

2. A light trespass into the windows of nearby residential or sensitive properties of no more than 10Ev(Lux);

3. A source intensity of no more than 10 kCd, and

4. A building illuminance of no more tan 10 Cd/m2.

Guidance on these criteria can be found in the Institution Of Lighting Engineers publication GUIDANCE NOTES FOR THE REDUCTION OF OBTRUSIVE LIGHT Email [email protected] Website www.ile.org.uk

Applicants are strongly advised to risk assess their premises with regard to light pollution and to compile a light management scheme. Help with such a scheme is available from the Environmental Protection Section of Kingston upon Hull City Council.

Assessment of the outdoor areas and the highway used by customers of licensed premises.

Before an assessment of any potential obstruction can be made, it is important to note the following

What is highway? What is carriageway? What is footway? What traffic restrictions are there? What access is there for emergency vehicles? Is there a Designated Public Places Order (DPPO) in place?

Determining the proportions of each part of the highway can help in establishing whether an obstruction is being caused or is likely to be caused by customers of licensed premises using the highway. Each case should be judged on its own merits. Whether an obstruction or encroachment amounts to a nuisance is a question of fact and degree.

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It will depend on all the circumstances, including the length of time the obstruction continues, the place where it occurs, the purpose for which it is done, and of course whether it does, in fact, cause an actual obstruction - as opposed to a potential obstruction.

Effect of a Designated Public Places Order (DPPO)

A DPPO may be in place in the area of the licensed premises. It is not an offence to consume alcohol within a designated area, but failure to comply with a police officer's request to stop drinking and surrender alcohol without reasonable excuse is. This means that any person drinking in the highway in front of a licensed premises and acting in an anti social manner may commit an offence. Currently there is a DPPO in place in Kingston upon Hull in the whole of Myton ward, extending up Beverley Road.

Application for a premises license

It is not a legal requirement to mark the area of a highway for use by customers on the plan that accompanies an application. This is because consumption of alcohol is not a licensable activity. However, it would be best practice for the area of the highway proposed for use by customers to be indicated on the plan accompanying the application, especially when the premises does not have a dedicated smoking area or outdoor area within the curtilage of the premises. This is because the use of the highway by customers may impact on the licensing objectives. Steps to promote the licensing objectives should be detailed in the operating schedule. See below for further guidance.

The highway should not be used for customers of licensed premises where the intended area is near to bus stops, taxi ranks, car parking areas, pedestrian crossings or cash machines. The area should be positioned so that it does not detrimentally affect the use of the highway. It must not create a potential hazard to pedestrians or discourage pedestrians from using the footway. In addition, it must not impede egress from fire escapes from its own or adjacent premises.

A minimum clear footway width of 2.0m must be maintained. It is reasonable to say that an outdoor area is only suitable where the footway has a minimum width of 3.0m. The position of barriers and access points should maintain clear access to the premises, particularly for wheelchair users.

Representations by Responsible authorities on application for a premises license

Responsible Authorities may make representations if they think that there is insufficient information to be able to determine whether or not the applicant has addressed the impact the use of any part of the highway, by their customers, has on the licensing objectives. If the applicant cannot demonstrate that the area of the highway can meet the above criteria it may be reasonable to require that the sale of alcohol for consumption off the premises is removed from the premises license. If the applicant can demonstrate that an area of the highway can meet the above criteria, but cannot show in his operating schedule how the licensing objectives will be promoted, then a responsible authority may consider making representations.

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The applicant may therefore consider one or more of the following steps, provided by the Environmental Regulation Department, needs to be included in their operating schedule as appropriate steps to promote the licensing objectives in respect of the use of the outside areas.

1. The outdoor area will leave a clear unobstructed pedestrian route of at least 2.0m minimum width

2. The outdoor area for use by customers will be bounded by a barrier. a. The barrier will not consist of posts and rope or chain. b. The barrier will not be anchored by loose weights c. The barrier will be between 0.8m and 1.0m high and include provision of a ‘tapping rail’ along the bottom edge. d. The bottom edge of the tapping rail will be at ground level and be between 150mm to 200mm high. e. The barrier and posts will be in a non-reflective material. f. The barriers will be stored within the premises and off the public highway when not in use. g. A dedicated space to store the barriers and furniture will be provided within the premises.

3. At lest 4 waste bins will be provided for the use of customers to put cigarette ends in within the outdoor area.

4. The enclosed area will be kept free of litter at all times

5. The area of highway up to 3m around the licensed premises will be cleared of litter at the end of the terminal hour or before 09:00 in the case of a 24 hour license.

6. Loudspeakers will not be a. used in the outdoor area b. attached to the façade of the licensed premises c. positioned in any opening of the building to emit sound into the highway.

7. No glassware will be a. brought in to the outdoor area from the licensed premises. Any drinks brought in to the outdoor area from the licensed premises will be contained in polycarbonate drinking vessels or PET bottles. b. allowed to be brought into the outdoor area from outside the outdoor area.

8. Any glassware found in the outdoor area will be removed immediately.

9. The outdoor area will be supervised at all times it is in use.

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Appendix ‘L’

Best practice relating to the Protection of Children from Harm

‹ Understanding licensing objective - protecting children from harm • What is safeguarding? • Safeguarding children is everyone’s business • What is the HSCB? • Definition of child • Under age sales of Alcohol • If you are : A retailer or provide services to the public • Hull CCTV and Radio systems • If you are : Concerned about under age sales? • Drinks promotions

• Drugs

• Smoking

• Supervision of children

• Outside areas/play areas

• Staffing

• Independent Safeguarding Authority reporting • Door supervisors • Regulated entertainment (adult entertainment) • Special effects • Venue/ premise location

• Children and Noise - Advice to Premises License Holders

• Children’s Entertainment

• Child employment

• Safeguarding children who are taking part in performances/events

• Children living at licensed premises ‹ Licence application Process – Protecting children from harm ‹ Child protection policy

Understanding licensing objective - protecting children from harm

One of the key objectives of The Licensing Act 2003 is ‘The Protection of Children from Harm’. In Hull, The Licensing Authority considers the ‘Responsible Authority’ with regard to Protection of Children from Harm to be the Hull Safeguarding Children Board (HSCB).

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In this capacity HSCB are required to ensure that decisions about licensing are taken with due regard to the need to safeguard and promote the welfare of children. We are committed to working in partnership with other local authority partners, organisations and businesses.

This guidance has been produced for individuals and companies that are making an application for any form of license. Nothing in this guidance will:

(c) Undermine the rights of any person to apply under the Licensing Act 2003 for a variety of permissions and have the application considered on its individual merits, and/or

(d) Override the right of any person to make representation on any application, or seek a review of a licence or certificate where they are permitted to do so under the Licensing Act 2003.

In addition to the legal responsibilities for child protection placed on premises licence holder/club certificate holder/designated premises supervisor/event manager at licensed premises or events, the Hull Safeguarding Children Board expects that there is a social responsibility for all members of staff and the public accessing the premises to be aware of child protection issues and to take action if they consider any child or young person to be at risk of harm.

What is safeguarding?

Children of all ages need to be kept safe from harm, safeguarding is about making sure that they are protected from all kinds of harm, not only physical and sexual but also psychological, emotional and moral harm. Where there is a risk to children, measures should be taken to ensure their safety and well being

Safeguarding children is everyone’s business

Everyone who comes into contact with children and families in their everyday work has a duty to safeguard children. Good practice already exists within the leisure and entertainment industry and some licensees are playing their part by recognising and fulfilling social responsibilities.

What is the HSCB?

Safeguarding and promoting the welfare of children requires effective co-ordination in every local area. The Children Act 2004 requires each local authority to establish a Local Safeguarding Children Board (LSCB)

The LSCB is the key statutory mechanism for agreeing how relevant organisations in each local area will co-operate to safeguard and promote the welfare of children in that locality, and for ensuring the effectiveness of what they do. (Working Together 2010)

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For more information about Hull Safeguarding Children Board see www.hullsafeguardingchildren.org

Definition of child

The Hull Safeguarding Children Board recognises the distinction made under the Licensing Act 2003 between children and young people, however it should be noted that as far as the protection of children is concerned this applies to all young people up until their 18th Birthday.

It is important to include any staff or performers under the age of 18 in the safeguarding measures used.

The risk to children will vary from premises to premises depending on the type of licensing activity and the age of the children. The following guidance will describe some of the issues which a licensed premise might wish to consider:

Under age sales of Alcohol

Young teenagers may attempt to buy and consume alcohol and then become vulnerable because their judgement is impaired. This could put them in danger from getting involved in fights, from drink driving or from sexual harm. Provisions should be in place to see that alcohol is not served to, or purchased on behalf of, under-age young people. Some of the ways that this can be ensured include:

• A recognised age verification scheme such as a PASS approved identity card. See the link http://www.pass-scheme.org.uk/

• All staff responsible for selling age restricted goods should be trained to operate this scheme and staff training records should be maintained and audited.

• Display signage to notify the public that the premises operates a Proof of Age scheme

• Use CCTV or other methods to monitor the outside the premises, to ensure that children are not purchasing by proxy

• Keep a refusals book

If you are: A retailer or provide services to the public you have a legal responsibility not to sell certain goods to those under the specified age. You can find out about age related legal requirements specific to your business and other trading standards issues on the Everything Regulation Whenever It’s Needed (ERWIN) website. If you are unsure how to comply with age related sales law in your business, contact us for guidance using the online form below. Alternatively call us on 01482 300 300 or email [email protected]

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Visit the ERWIN website for age related sales advice (link opens in a new window)

As part of Hull Business in Development (BiD) local businesses are encouraged to have a connection with the council’s city wide network of live CCTV and radio systems , improving communication between partner agencies – for more information please call 01482 616731 (office hours only)

Concerned about under age sales?

If you would like to report illegal sales to young people, you can complete a reporting form by following the link below. Trading Standards will investigate complaints that a business is selling goods to young people below the required age. http://www.hullcc.gov.uk/portal/page?_pageid=221,73180&_dad=portal&_schema=POR TAL

Drinks promotions

Drinks promotions must comply with the requirements of the mandatory licence conditions. Applicants are recommended to consider advertising products and promotions in compliance with a recognised Code of Practice. Alcohol should not be advertised in a manner that may incite, or attract young people to drink. Applicants should also give consideration to their soft drink pricing policy so as not to discourage consumption of soft drinks by young people.

Drugs

The sale of and use of drugs at licensed premises is a child protection concern. At premises, clubs or events where drug issues have been identified, the Hull Safeguarding Children Board expects that the premises management or event organiser shall operate a ‘zero tolerance’ policy. It is expected that this would include: The maintenance of an incident log; signage; regular and audited patrols of toilet/external areas; staff training. Premises/clubs are expected to address drug activity by working in partnership with the Police and responding proactively to prevent offenders accessing the premises.

For more information about substance misuse related issues in Hull contact City Safe on 01482 300300 http://www.hullcc.gov.uk/portal/page?_pageid=221,589327&_dad=portal&_schema=PO RTAL

Smoking

Ideally, children should not be allowed in smoking areas. Children exposed to the effects of a smoking environment are at risk of serious harm to their health.

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Consideration must be given to the welfare of children when designating any external smoking areas. Consideration should also be given to the supervision of children if adults temporarily exit the premises to smoke.

The business should seek advice from a competent person on the design, and construction of any smoking shelters to ensure compliance with smoke-free legislation, or contact Environmental Health at Hull City Council on 01482 300300

For more information about smoking cessation http://www.smokesnojoke.com/ - for young people and parents http://www.readytostopsmoking.co.uk/ - for adults

Supervision of children

Parents/carers may have primary responsibility for the supervision of the children in their care, but the licence holder / premise supervisor still has responsibility to ensure the safety of all children on the premises.

Young children may be at risk if they are not properly supervised or are exposed to adults who have become intoxicated. Being drunk can severely impair someone’s ability to parent effectively which can result in either the child’s needs not being adequately met or the child being exposed to harmful situations. Being drunk and in charge of a child under 7 in a public place or on a licensed premise is a criminal offence (Section 2 Licensing Act 1902).

Children and Young children can become dangerously intoxicated by quite small quantities of alcohol, so care needs to be taken to clear used glasses to protect them from this risk.

Have a policy on clearing glasses to minimise opportunity for children to access left-over alcohol.

If you have concerns about a child or young person’s safety • Police non-emergency 101 • Emergency 999 • Children’s Social care Central Duty Team – 01482 448879

Outside areas/play areas

In order to prevent children from harm, the following measures should be considered:

• carrying out a suitable and sufficient risk assessment for play area and equipment;

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• effective preventative measures in place to ensure the area and equipment is safe, e.g. daily and periodic safety checks by competent persons, and adequate signage etc;

• all external areas routinely monitored and supervised;

• the use of polycarbonate glassware. Further information on safety issues is available from the website http://www.rospa.com/ and BS EN Standard 1176 and 1177 (Standards for Outdoor Play Area).

Staffing

Appropriate recruitment and selection processes should be in place to ensure that appropriate checks are completed on all staff and volunteers including: • Verification of identity • References • Where paid staff and volunteers with unsupervised access to children and young people should undertake an enhanced CRB check. Staff should be easily identifiable (uniform or badge) and understand what they should do if they have concerns about the safety of children.

Staff should be trained in age verification and should understand how and where to report a concern about a child / children

It may be useful to Identify a member of staff as the designated lead person on safeguarding issues. This may be the DPS / Manager. This person would be recommended to complete additional training in child protection

For access to child protection training www.hullsafeguardingchildren.org

The license applicant is responsible for ensuring that any staff working on the premises who may have specific access to children through the nature of their employment (for example, coaching, supervised play areas, children’s entertainment) have appropriate CRB checks

For more information about CRB checks http://www.direct.gov.uk/en/employment/startinganewjob/dg_195809

Independent Safeguarding Authority reporting

If you dismiss or remove someone from regulated activity (or you would have done had they not already left) because they harmed or posed a risk of harm to vulnerable groups including children, you are legally required to forward information about that person to

75 December 2018 2018 Draft V1 Page 95 of 194 Licensing Policy the ISA. It is a criminal offence not to do so. If you believe that the person has committed a criminal offence, we also strongly advise you to pass the information to the police. For further information on the duty to refer to the ISA, please see www.isa.homeoffice.gov.uk

Your organisation has a duty to make referrals to the Independent Safeguarding Authority, and it must not knowingly engage a barred person in regulated activity.

Door supervisors

The times during which door supervisors are employed and the number considered necessary is a matter for the premises licence holder and designated premises supervisor to address when promoting the four licensing objectives. However, licence holders, or designated premises supervisors should consider employing door supervisors in the following circumstances: where alcohol is sold after 11.00 pm; where dancing is provided as part of the licensed activities, at premises where the maximum occupancy figure is anticipated and at premises providing entertainment carrying a special risk. Special risk events could include adult entertainment, pugilistic events or a demonstration of hypnotism.

The responsibility of gaining a valid licence to work legally within the private security industry belongs with the individual and they will be breaking the law if they work without a licence. However the employer will be breaking the law if they employ unlicensed staff.

For more information about licensable roles and application for licences follow the attached link. http://www.sia.homeoffice.gov.uk/Pages/home.aspx

Regulated entertainment (adult entertainment)

Adult entertainment is not suitable for children and young people under the age of 18 years. No staff under the age of 18 years should be employed on the premises where adult entertainment takes place. At premises where such entertainment is allowed children should be excluded to ensure that they are not exposed to any inappropriate acts or material. Examples of adult entertainment unsuitable for children would include; gambling, sexual entertainment such as lap dancing, performances involving nudity, piercing or tattooing events or where certain types of live music suggest exposure to obscenity violence or drug use Clear signs should be used so that people are aware when and where children are welcome in the premises, including time restrictions where unsuitable entertainment/ activity may be taking place

Ensure that television, DVD, display screens are suitably separate from children’s areas; e.g. they could be screened off so that children cannot see, or sound-proofed so they are unable hear unsuitable material.

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Special consideration in respect of Cinemas

Measures for ensuring non-admission such as door supervision, age checks (including staff) should be in place.

Special effects Signage should be prominently displayed warning that special effects are included and if possible state what the special effects are. (Some special effects, such as dry ice, could be a potential risk for a child with asthma; strobe lighting could be a potential risk for a child with epilepsy.) Venue/ premise location

Where licensed premises or clubs are in close proximity to schools, nurseries, parks, or other children’s provision, there needs to be an awareness of issues of alcohol misuse, criminality and adult entertainment particularly during the day and in garden or outside areas.

Managers of licensed premises or clubs that are situated in residential areas need to be aware that children and young people living near those premises may be disturbed by any excessive noise, for example: loud music or noise made by customers leaving premises late at night. This should be addressed through signage and verbal advice to customers or members. If children are living at a licensed premises, consideration should be given to the impact of noise on the welfare of those children.

Children and Noise - Advice to Premises License Holders

For family events such as weddings, bar/bat mitzvahs, birthday parties in enclosed spaces

• Keep children away from speakers or the stage • Try to prepare an area at the rear of the room • Have a separate room for young children away from the noisy area

For young persons discos and youth clubs in enclosed buildings

• Keep the music noise levels below 85dB(A) (80dB(A) where children under 12 are present) • Have a chill out room with quieter ambient style music

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For children at festivals

• Ensure a supply of ear defenders are available for free or for sale for infants and young children • Ensure a supply of ear plugs are available for children older than 14 • For paid ticketed festivals make it a requirement that children have ear defenders or ear plugs with them prior to entry

For children playing in orchestras in front of an audience e.g. school open day,

• raise the brass section higher than the other sections • reduce the amount of ‘noisy’ repertoire, • choose lighter repertoire for smaller venues, • hold sectional rehearsals whenever possible, • establish the (correct) use of ear plugs and/or screens, • never double rank the brass when it’s a noisy repertoire

Children’s Entertainment Where an activity takes place at a licensed venue which is directly aimed at children, such as a children’s party or show, consideration must be given to the number of adults required to be present, and the responsibilities of those adults required to be present, and the responsibilities of staff, to ensure that children are safe and protected from harm.

If staff have responsibilities for supervising children’s activities in the absence of a responsible adult, or if staff are in one to one private contact with children, appropriate checks should have been completed. If an activity requires children to be accompanied by a responsible adult, this requirement should be publicised (in the booking contract, tickets or publicity materials) and strictly enforced.

Entertainers - Any external children’s entertainers who are contracted to work at licensed premises/clubs or events are encouraged to produce a personal and recent Criminal Records Bureau check. This also applies to individuals volunteering their services, such as play supervisors or providers of children’s entertainment.

Child employment The law governing child employment exists to ensure that children are protected and not exploited if they have a part-time job, while still of compulsory school age. Children from 13 to compulsory school leaving age must have a work permit that they should carry with them when working.

The employer is responsible for the health and safety of the child while at work. Children of non-compulsory school age are restricted when selling alcohol and sales may only take place in compliance with the Guidance issued under Section 182 of the Licensing Act 2003 which requires specific supervision by a designated ‘responsible person’.

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You will need to complete specific application forms if you wish to employ a child in certain types of employment. The application forms and supporting documentation is available to download from http://www.hullcc.gov.uk

Safeguarding children who are taking part in performances/events Local authorities are responsible for licensing children who take part in television, theatre, modelling and paid sporting activities in accordance with ‘The Children and Young Persons Act 1963' and ‘The Children (Performances) Regulations 1968’. The person responsible for the production of the performance should apply for the licence. Application should be made to the Local Authority where the child lives. This may be different to the Local Authority of the child’s school and where the production is to take place. The person who signs the licence is the licence holder and as such is responsible for the compliance with the conditions of the licence. All children that are absent from school for performances will require a licence. In cases where children are mobile between locations/areas of a premises/event ensure that adequate measures are taken to supervise their transition between areas to prevent them wandering off or becoming vulnerable to undesirable influences. Children living at licensed premises Families who live at licensed premises often maintain the same kind of routines as those living in other types of households, to care for their children and ensure they remain safe. For most families, living at premises that operate as a pub, club, or off licence presents no problems and children living there enjoy normal family life.

For some families however, living at a licensed premises can present parents/carers with challenges and circumstances that other parents/carers do not normally experience.

What are the risks? For many parents/carers the risks associated with a licensed environment may be normalised and not perceived as an unusual or unsafe part of their every day environment. It’s important that parents/carers recognise the risks to children and workers should ensure the potential risks are discussed with parents/carers and offer advice about ways to manage risk. Children and young people living at licensed premises, particularly where alcohol is on sale, can be exposed to various risks on a regular basis. For example, customers who: • Misuse alcohol • Use strong or offensive language • Are drunk, aggressive, violent • Engage in inappropriate behaviour (sexual acts, indecent exposure, vomiting) • Use or deal drugs and discard dangerous drug related paraphernalia • Use dangerous weapons (guns, knives etc) • Are criminal or sexual perpetrators

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Noise nuisance can also affect the quality of life for children living at, or in close proximity to, a licensed premises – particularly if the pub/club hosts functions involving music or if there’s an outside ‘beer garden’ or smoking area. Loud noise late at night may frighten a young child and can affect the child’s sleeping patterns and impact on their development and education.

Managing the risks

To make sure the licensed environment remains safe and appropriate for children and young people living there, advice to parents/carers should include:

‹ Make sure that a responsible adult is available to supervise children in the private living quarters. It is not safe to leave a child unattended. ‹ Ensure that the adults responsible for supervising children are not intoxicated. ‹ Childminding arrangements should be made if parents/carers are working (for example serving on the bar or tills). ‹ Children should not work at the premises or cover if there is a shortage of staff. There are bylaws and regulations governing the hours and conditions for children’s work and a permit is a legal necessity, even for family relatives. ‹ Not to let the child(ren) play in the licensed area as it may be unsafe. Some premises licences have licence conditions prohibiting children in the licensed area and there may be legal consequences for allowing children to play in licensed areas at certain times. ‹ Arrangements are in place to allow parents/carers to prioritise their children’s needs. For example, adequate staff should be employed to cover the business, to allow parents to attend health or school appointments or to do ‘the school run’. ‹ Create a private play area that is designated and secure for residents. ‹ Secure access points to the living quarters to prevent the public entering private areas. ‹ Store alcohol safely to prevent children drinking or toddlers accidentally ingesting it. There is no safe amount of alcohol for a child, even a small amount can be lethal, particularly if the child consumes it with other drugs or prescribed medication. ‹ Report the condition of the property/building to the business owner if the building is not in safe repair. ‹ Plan and manage licensed activities at the premises such as parties, functions, disco’s and live music entertainment so that noise does not affect the wellbeing of children. ‹ Contact the police for help if customers engage in criminal or dangerous behaviour.

Licence application Process – Protecting children from harm

When addressing Protection of Children from Harm , the applicant should initially identify any particular issues (having regard to their particular type of premises and/or activities) which are likely to cause concern in relation to children and include within the operating schedule such steps as are deemed necessary to resolve them.

Process of the HSCB Representative responding to Licence applications

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All applications for new or varied premises licences must be sent to the Licensing Authority and simultaneously to the HSCB representative as consultee for the protection of children from harm licensing objective. This needs to be done within the legal timescale set out in the Licensing Act 2003.

The HSCB representative will log the application on a database and assess the information provided to ensure that the protection of children from harm is being considered in the licensing application. A record of any decision made on behalf of the Hull Safeguarding Children Board. This includes liaison with the relevant Responsible Authorities/agencies/applicant,

Where insufficient information is provided on the license application, the HSCB will contact the applicant, or the applicant’s representative to offer advice and support. If a representation is to be made by HSCB in respect of an individual licence application then this will be done within the statutory time limit (currently 28 days). The representation will be sent to the Local Authority Licensing department.

To expedite the application process and avoid unnecessary hearings, HSCB representative shall, where possible negotiate with the applicant or applicant’s representative, so that the necessary safeguarding measures are included in the application as licence conditions.

If an agreement is not reached by the end of the consultation period the HSCB representative will provide a report to the licensing committee on request explaining the reasons for the representation. The Licensing Authority provides the HSCB with a weekly schedule of current applications in order to check that the HSCB has received all applications. The HSCB shall liaise with the Licensing Authority regarding applications not received.

Restrictions

Where the Licensing Authority has placed specific restrictions on a licence relating to children, any breach of those restrictions coming to the attention of the Hull Safeguarding Children Board will be referred immediately to the Licensing Authority. The Hull Safeguarding Children Board considers that the restrictions imposed by licence conditions apply to all children accessing the event, premises or club, including children living at licensed establishments.

Child protection policy

All owners/licence holders and their staff should have a basic awareness of child protection issues. This includes:

• Being alert to the possibility of child abuse and neglect, i.e. the definition, prevalence, identifying features in a child or adult, legal parameters and social consequences.

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• Having enough knowledge to recognise an abusive or potentially abusive event or set of circumstances. • Knowing who in the organisation to raise your concerns with. • Being competent in taking the appropriate immediate or emergency action. • Knowing how to make a referral to Children’s Services and/or the Police.

If anyone involved with premises which have been licensed has any concerns about a child, then they must discuss these with Children’s Social Care or the Police as soon as possible

In any situation where there is a suspicion that there may be abuse the welfare needs of the child must come first (see Children Act 1989) even where there may be a conflict in interest e.g. where the suspected perpetrator may be a customer, client or employee/employer.

These may include concerns about a member of staff or a suspicion that an activity taking place in the establishment could place children at risk.

Children’s Services (daytime) - 01482 448879 Children’s Services Emergency out of hours – 01482 788080 Police non emergency number – 101 Emergency services - 999

The HSCB have produced a child protection policy template which is available from www.hullsafeguardingchildren.org

82 December 2018 2018 Draft V1 Page 102 of 194 Licensing Policy

Appendix ‘M’

Useful Contacts

Licensing Section Public Health and Adult Services Hull City Council 33 Witham Hull HU9 1DB

Telephone: (01482) 300300 Fax: (01482) 615554 Email: [email protected]

Humberside Police Alcohol Licensing Section Police Headquarters Priory Road Police Station Priory Road Hull HU5 5SF

Telephone: (01482) 976757/976758/976759 Fax: (01482) 305063 Email: [email protected]

Humberside Fire and Rescue Service Public Safety Centre Summergroves Way Hessle HU4 7BB

Telephone: (01482) 567133 Email: [email protected]

Health and Safety Section Public Health and Adult Services Hull City Council 33 Witham Hull HU9 1DB

Contact Officer: Khaled Choudhury

Telephone: (01482) 300300 Fax: (01482) 615453 Email: Email: [email protected]

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(For Local Government and Central Government Premises) Health and Safety Executive Edgar Allen House 241 Glossop Road Sheffield S10 2GW

Telephone: (0114) 2912300 Fax: (0114) 2912379

Environmental Regulations Section Public Health and Adult Services Hull City Council 33 Witham Hull HU9 1DB

Contact Officer: Mark Willoughby

Telephone: (01482) 300300 Fax: (01482) 615554 Email: [email protected]

Food Safety Section

Public Health and Adult Services Hull City Council 33 Witham Hull HU9 1DB

Contact Officer: Mike Fish

Telephone: (01482) 300300 Fax: (01482) 615554 Email: [email protected]

Safeguarding Children Board Midmere Centre Dorchester Road Hull HU7 6BD

Telephone: (01482) 379090 Email: [email protected]

Hull Community Safety Partnership

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Hull City Council 33 Witham Hull HU9 1DB

Telephone: (01482) 300300 Email: [email protected] ______Trading Standards Service (Weights and Measures Authority) Public Health and Adult Services Hull City Council 33 Witham Hull HU9 1DB

Telephone: (01482) 300300 Fax: (01482) 615554 Email: [email protected]

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Planning Services Hull City Council The Guildhall Alfred Gelder Street Hull HU1 2AA

Telephone: (01482) 379090 Email: [email protected]

Public Health Hull City Council The Hooper Building Guildhall Road Hull HU1 1HJ

Telephone: (01482) 616241 Email: [email protected]

86 December 2018 2018 Draft V1 Page 106 of 194 Licensing Act 2003 Policy Review Consultation Responses

Thank you for emailing Hull City Council's Licensing Policy.

We would just like to say that we find it commendable that you have welcomed Live Music and other cultural activities, as expressed in point 21.1

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Report to the LICENSING COMMITTEE Wards ALL 8 October 2018 Ref: GAP/18/057

Gambling Act 2005 – Approval Of Draft Gambling Policy

Report of the Corporate Director of Public Health and Adult Services

1. Purpose of the Report and Summary

1.1 To recommend a draft Gambling Policy and to refer the recommendation to Council for approval.

2. Recommendations

2.1 That the draft Gambling Policy, attached to this report, be approved and be recommended to Council for formal adoption.

3. Background

3.1 The Gambling Act 2005 created a new system of licensing and regulation for commercial gambling in this country. It gave local authorities new and extended responsibilities for licensing premises for gambling.

3.2 Section 349 of the Act requires that before each successive three year period the Licensing Authority will prepare, and consult on, a Gambling Policy’ that it proposes to apply in exercising its functions under the Act.

3.3 In determining the Policy the Licensing Authority must have regard to regulations made by the Secretary of State, guidance issued by the Gambling Commission and the statement must be produced following consultation with those bodies identified in Section 349(3) of the Act.

3.4 In accordance with the Act the draft policy is intended to replace the current statement of principles approved in December 2015. The draft policy, together with any responses to the consultation, are attached to the report. . 4. Issues for Consideration

4.1 Regulations made by the Secretary of State set out requirements as to the form and publication of the Licensing Authority’s Gambling Policy and subsequent revisions.

4.2 Licensing Authority Gambling Policies must promote the licensing objectives

Page 109 of 194 set out in the Act which are;

• Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime.

• Ensuring that gambling is conducted in a fair and open way.

• Protecting children and other vulnerable persons from being harmed or exploited by gambling.

4.3 It is also essential that any new or revised policy adopted by this authority should reflect the Gambling Commission’s current Guidance to Licensing Authorities .

4,4 The draft Policy has therefore been prepared in accordance with the Act, Regulations and Guidance that govern it .

5. Options

5.1 The Council is required by statute to formulate and publish a Gambling Policy that it proposes to apply in exercising its functions under the Act therefore the recommendation at 2.1 of the report should be approved subject to any changes determined by Members.

6. Consultation

6.1 In accordance with Section 349 (3) of the Gambling Act 2005, a consultation took place, between 25 June 2018 and 14 September 2018, with the police and persons representing people carrying on gambling businesses or persons likely to be affected by the draft Policy. A copy of the responses to the consultation is attached to the report and the draft Policy has been amended, where appropriate, to reflect the comments made.

7. Monitoring Officer Assurance Statement

The Monitoring Officer is satisfied that the contents of this report are compliant with all relevant legislation.

8. Section 151 Officer Assurance Statement

8.1 The section 151 officer notes the report and has no further comments

Page 110 of 194 9. Comments of the Head of Human Resources

9.1 There is no Council staffing or wider human resources implications identified in the report

10. Comments of Overview and Scrutiny

10.1 Scrutiny comments are not required for this report.

11. Conclusions

11.1 The Gambling Act is a complex and far ranging piece of legislation and its successful implementation will depend on the processes and procedures that are implemented. The measures recommended should help ensure that the Council meets the statutory obligations imposed upon it by the Act.

Julia Weldon Corporate Director of Public Health and Adult Services

Contact Officer: Keith Fenner Telephone No.: Ext. 5506

Officer Interests: None

Background Documents

(i) Draft Statement of Principles (ii) Responses to Consultation

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Gambling Licensing Policy

HULL CITY COUNCIL DRAFT STATEMENT OF LICENSING POLICY 2019-2021

Gambling Act 2005

(Published XXXX)

Item Part A Page No. 1. The licensing objectives 2 2. Introduction 2 3. The Purpose of the Gambling Act 2005 4 4. Consultation 4 5. Declaration 7 6. Responsible Authorities 7 7. Interested parties 7 8. Exchange of information 8 9. Enforcement 8 10. Licensing authority functions 9 11. Administration, Exercise and Delegation of Functions 10

Part B - Premises licences 1. General Principles 12 2. Adult Gaming Centres 19 3. (Licensed) Family Entertainment Centres 20 4. Casinos 20 5. Bingo 21 6. Betting premises 21 7. Tracks 22 8. Travelling fairs 23 9. Provisional Statements 23 10. Reviews 24

Part C – Permits / Temporary and Occasional Use Notices 1. Unlicensed Family Entertainment Centre gaming mach ine permits 26 2. (Alcohol) Licensed premises gaming machine permits 27 3. Prize Gaming Permits 28 4. Club Gaming and Club Machines Permits 28 5. Temporary Use Notices 30 6. Occasional Use Notices 30 7. Small Society Lottery Registrations 30

Appendices 1. Appendix ‘A’ – Details of Responsible Authorities 31 2. Appendix ‘B’ _ Code of Social Responsibility and Good Practice 33 3. Appendix ‘C’ _ Fire Safety Guidelines 38 4. Appendix ‘D’ – Gambling Premises 41

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Gambling Licensing Policy

PART A

1. The Licensing Objectives

In exercising most of their functions under the Gambling Act 2005, licensing authorities must have regard to the licensing objectives as set out in section 1 of the Act. The licensing objectives are:

• Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime. • Ensuring that gambling is conducted in a fair and open way. • Protecting children and other vulnerable persons from being harmed or exploited by gambling

It should be noted that the Gambling Commission has stated: “The requirement in relation to children is explicitly to protect them from being harmed or exploited by gambling”.

This licensing authority is aware that, as per Section 153, in making decisions about premises licences and temporary use notices it should aim to permit the use of premises for gambling in so far as it thinks it:

• In accordance with any relevant code of practice issued by the Gambling Commission • In accordance with any relevant guidance issued by the Gambling Commission • Reasonably consistent with the licensing objectives (subject to the above) and • In accordance with the authority’s statement of licensing policy (subject to the above).

2. Introduction

Hull City Council is a unitary authority and aspires to be a ‘family friendly’ city situated in the County of the East Riding of Yorkshire. The Council area had an estimated population of 260,035 in 2016 compared to 256,406 at the 2011 Census. Males account for 50.3% of the total population in Hull whilst females account for 49.7%. The population density of Hull is 36.4 people per hectare, compared to the national population density of 4.2. In terms of area the City covers 27.5 miles. The River Humber forms the southern boundary of the City whilst to the west, north and east the boundary is shared with the East Riding of Yorkshire Council. The Council area is wholly urban.

Hull continues to make huge strides forward in terms of its regeneration. Over the past few years Hull has welcomed the completion of a number of key projects. These include the KCOM Stadium, home of Hull City AFC and Hull FC rugby teams, the St Stephen's development, a £200 million retail-led scheme which has added more big name stores, the Albemarle Music Centre and a new home for the widely acclaimed Hull Truck Theatre.

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There is a rapidly developing social scene coupled with an exciting programme of events, highlights of which have recently included the hugely successful Global Food Festival, Hull Street Food Nights, Freedom Festival, Humber Sesh, Maritime and Jazz festivals.

Hull was the UK’s City of Culture 2017 and delivered a spectacular programme of events throughout 2017 and there is an ambition to secure a cultural legacy that will see the city benefit economically and culturally with increased investment and rise in visitor numbers beyond 2017.

Preparations for the City of Culture 2017 gave Hull a once in a lifetime opportunity to transform the City Centre and this has certainly been achieved.

The public realm works flow through the city, starting from the Paragon Interchange down through some of the most important areas of our City, finishing in our historic marina area where a £80m regeneration of Hull's Fruit Market on Humber Street, branded the city's cultural and creative quarter has begun and will create an "urban village" with business, arts and leisure uses alongside new homes in the district's warehouses and cobbled streets and is expected to be completed by 2019.

Hull Ward Map (May 2018)

3. The Purpose of the Gambling Act 2005

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Gambling Licensing Policy

3. The Purpose of the Gambling Act 2005

The Gambling Act 2005 provided a new regime for the regulation of gambling and betting, which was introduced throughout England and Wales from 1st September 2007.

Gambling and betting is regulated by the Gambling Commission, whose duties include licensing the operators and individuals involved in the provision of gambling and betting, while Licensing Authorities issue licences for the premises where gambling takes place.

The Council is also required to licence other activities, including the registration of small society lotteries and this document sets out how we intend to approach this task.

Under Section 349 of the Gambling Act 2005 the Licensing Authority is required to prepare a Statement of Principles that it proposes to apply in determining licences, permits and registrations under this Act. This Statement must be published at least every three years, starting from 31 January 2007. Any decision taken by the Council in regard to determination of licences, permits and registrations should aim to permit the use of premises for gambling in so far as it is reasonably consistent with the licensing objectives.

The principles to be applied specifically to the determination of premises licence applications include definition of premises, location, duplication with other regulatory regimes, promotion of the licensing objectives, conditions, door supervision, layout of the premises and supervision of gaming facilities.

As well as betting premises licences, the council has the ability to issue permits for prize gaming, unlicensed family entertainment centres, temporary use notices, occasional use notices and small society lotteries.

The council is able to specify the information it requires as part of the application process to aid determination and this is described in the statement.

Enforcement of the legislation is a requirement of the Act that is undertaken by the Council in conjunction with the Gambling Commission.

The policy describes the Council’s enforcement principles and the principles underpinning the right of review.

It should be noted that this statement does not override the right of any person to make an application, make representations about an application, or apply for a review of a licence, as each will be considered on its own merits and according to the statutory requirements of the Gambling Act 2005.

4. Consultation

Licensing authorities are required by the Gambling Act 2005 to publish a statement of licensing policy detailing the principles which they propose to apply when exercising their functions. This policy must be published at least every three years. The policy

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Gambling Licensing Policy must also be reviewed from “time to time” and any amended parts re-consulted upon. The policy must be then re-published.

Hull City Council has also consulted widely upon this policy statement before finalising and publishing. A list of the additional organisations we have consulted is provided below.

A & S Leisure Group Limited Association of British Bookmakers Astoria Bingo Club Limited BetFred The Bingo Association British Amusement Catering Trade Association (BACTA) Coral East Riding of Yorkshire Council Genting Casinos Uk Limited Gamblers Anonymous Gambling Commission GamCare Hull & Humber Chamber of Commerce Hull City Council – Planning Services Hull City Council – Environmental Regulations Section HMRC Hull Safeguarding Children Board Humberside Police Humberside Fire and Rescue Service Hospice Lotteries Association Jackpot Amusements Kingston Leisure Limited Ladbrokes Betting & Gaming Limited Leisure Worldwide Limited Mecca Bingo Limited / Rank Leisure / Grosvenor Casinos National Casino Forum North East Lincolnshire Council North Lincolnshire Council Novomatic UK Mr Peter Trevor Cole Paddy Power Rossy Bros Sal Agc Limited Shaw Pastimes Limited Superstadium Management Company Teddy Clark Limited The Lotteries Council Trafalgar Leisure William Clark William Hill Organization Limited

Our consultation has taken place between 25 June 2018 and 14 September 2018, following the HM Government Code of Practice on Consultation.

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The full list of comments made and the consideration by the Council of those comments is available by request to:

Licensing Section Public Health and Adult Services Hull City Council 33 Witham Kingston upon Hull HU9 1DB Telephone: (01482) 300 300 Email: [email protected]

The policy was approved at a meeting of the Full Council on XXXX and was published via our website on XXXX. Copies were placed in the public libraries of the area as well as being available in the Guildhall and Licensing Offices at 33 Witham.

Should you have any comments regarding this policy statement please send them via e-mail or letter to the address shown above.

It should be noted that this policy statement will not override the right of any person to make an application, make representations about an application, or apply for a review of a licence, as each will be considered on its own merits and according to the statutory requirements of the Gambling Act 2005.

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5. Declaration

In producing the final licensing policy statement, this licensing authority declares that it has had regard to the licensing objectives of the Gambling Act 2005, the guidance to local authorities issued by the Gambling Commission, and any responses from those consulted on the policy statement.

6. Responsible Authorities

The Gambling Act 2005 empowers certain agencies to act as Responsible Authorities who offer advice and guidance to applicants, within their particular area of expertise, and are able to make representations about licence applications, or apply for a review of an existing licence.

The licensing authority is required by regulations to state the principles it will apply in exercising its powers under Section 157(h) of the Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm. The principles are:

• The need for the body to be responsible for an area covering the whole of the licensing authority’s area; and • The need for the body to be answerable to democratically elected persons, rather than any particular vested interest group etc.

In accordance with the suggestion in the Gambling Commission’s Guidance for local authorities this authority designates the Hull Safeguarding Children Board for this purpose.

The contact details for Hull Safeguarding Children Board, and for all the Responsible Authorities under the Gambling Act 2005, are included in this policy document at Appendix ‘A’ and are available via the Council’s website at: www.hullcc.gov.uk

7. Interested Parties

Interested parties can make representations about licence applications, or apply for a review of an existing licence. These parties are defined by the Gambling Act 2005 as follows:

“For the purposes of this Part a person is an interested party in relation to an application for or in respect of a premises licence if, in the opinion of the licensing authority which issues the licence or to which the application is made, the person- a) Lives sufficiently close to the premises to be likely to be affected by the authorised activities, b) Has business interests that might be affected by the authorised activities, or c) Represents persons who satisfy paragraph (a) or (b)”

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Gambling Licensing Policy

The licensing authority is required by regulations to state the principles it will apply in exercising its powers under the Gambling Act 2005 to determine whether a person is an interested party. The principles are:

Each case will be decided upon its merits. This authority will not apply a rigid rule to its decision making. It will consider the examples of considerations provided in the Gambling Commission’s Guidance to local authorities and it will also consider the Gambling Commissions Guidance that ‘has business interests’ should be given the widest possible interpretation and include partnerships, charities, faith groups and medical practices.

Interested parties can be persons who are democratically elected such as Councillors and MP’s. No specific evidence of being asked to represent an interested person will be required as long as the councillor/M.P. represents the ward likely to be affected. Other than these persons, this authority will generally require written evidence that a person/body ‘represents’ someone who either lives sufficiently close to the premises to be likely to be affected by the authorised activities and/or business interests that might be affected by the authorised activities. A letter from one of these persons, requesting the representation is sufficient.

If individuals wish to approach councillors to ask them to represent their views then care should be taken that the councillors are not part of the Licensing Committee dealing with the licence application. If there are any doubts then please contact the licensing department at the address shown on Page 4

8. Exchange of Information

Licensing authorities are required to include in their policy statement the principles to be applied by the authority in exercising the functions under sections 29 and 30 of the Act with respect to the exchange of information between it and the Gambling Commission, and the functions under section 350 of the Act with the respect to the exchange of information between it and the other persons listed in Schedule 6 to the Act.

The principle that this licensing authority applies is that it will act in accordance with the provisions of the Gambling Act 2005 in its exchange of information which includes the provision that the Data Protection Act 1998 will not be contravened. The licensing authority will also have regard to any Guidance issued by the Gambling Commission to Local Authorities on this matter, as well as any relevant regulations issued by the Secretary of State under the powers provided in the Gambling Act 2005.

9. Enforcement

Licensing authorities are required by regulation under the Gambling Act 2005 to state the principles to be applied by the authority in exercising the functions under Part 15 of the Act with respect to the inspection of premises; and the powers under section 346 of the Act to institute criminal proceedings in respect of the offences specified.

This licensing authority’s principles are that:

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Gambling Licensing Policy

It will be guided by the Gambling Commission’s Guidance for local authorities and it will endeavour to be:

• Proportionate: regulators should only intervene when necessary, remedies should be appropriate to the risk posed, and costs identified and minimised; • Accountable: regulators must be able to justify decisions, and be subject to public scrutiny; • Consistent: rules and standards must be joined up and implemented fairly; • Transparent: regulators should be open, and keep regulations simple and user friendly; and • Targeted: regulation should be focused on the problem, and minimise side effects.

This licensing authority will endeavour to avoid duplication with other regulatory regimes so far as possible.

This licensing authority has adopted and implemented a risk-based inspection programme based on;

• The licensing objectives, • Relevant codes of practice • Guidance issued by the Gambling Commission • The principles set out in this statement of licensing policy

Where there is a Primary Authority scheme in place, the licensing authority will seek guidance from the Primary Authority before taking enforcement action.

The main enforcement and compliance role for this licensing authority in terms of the Gambling Act 2005 is to ensure compliance with the Premises Licences and other permissions which it authorises. It is the Licensing Authority’s responsibility to take enforcement action where premises are operated without the requisite licence or are operating illegal gambling. The Gambling Commission is the enforcement body for the Operator and Personal Licences. It is also worth noting that concerns about manufacture, supply or repair of gaming machines are not dealt with by the licensing authority but should be notified to the Gambling Commission.

This licensing authority also keeps itself informed of developments as regards the work of the Better Regulation Executive in its consideration of the regulatory functions of local authorities. It also complies with the principles in the Regulatory Enforcement and Sanctions Act 2008.

Bearing in mind the principle of transparency, this licensing authority’s enforcement/compliance protocols/written agreements are available upon request to the licensing department, the contact details of which are shown on page 4.

10. Licensing Authority functions

Licensing Authorities are required under the Act to:

• Be responsible for the licensing of premises where gambling activities are to take place by issuing Premises Licences.

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• Issue Provisional Statements. • Regulate members’ clubs and miners’ welfare institutes who wish to undertake certain gaming activities by issuing Club Gaming Permits and/or Club Machine Permits. • Issue Club Machine Permits to Commercial Clubs. • Grant permits for the use of certain lower stake gaming machines at unlicensed Family Entertainment Centres . • Receive notifications from alcohol licensed premises (under the Licensing Act 2003) for the use of two or fewer gaming machines. • Issue Licensed Premises Gaming Machine Permits for premises licensed to sell/supply alcohol for consumption on the licensed premises, under the Licensing Act 2003, where more than two machines are required. • Register small society lotteries below prescribed thresholds. • Issue Prize Gaming Permits. • Receive and Endorse Temporary Use Notices . • Receive Occasional Use Notices. • Provide information to the Gambling Commission regarding details of licences issued (see section above on ‘Exchange of Information’). • Maintain registers of the permits and licences that are issued under these functions.

It should be noted that local licensing authorities are not involved in licensing remote gambling which is regulated by Gambling Commission via Operating Licences.

11. Administration, Exercise and Delegation of Functions

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

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.

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 City Council Officers.

The table shown overleaf sets out the agreed delegation of decisions and functions of Licensing Committee, Sub-Committee and Officers.

This form of delegation is without prejudice to Officers referring an application to a Sub-Committee, or a Sub-Committee to Full Committee, if considered appropriate in the circumstances of any particular case.

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Gambling Licensing Policy

Summary of licensing authority delegations permitted under the Gambling Act

Matter to be dealt with Full Council Li censing Officers Committee/Sub Committee Three year licensing policy X

Policy no t to permit casinos X

Fee setting (when appropriate) X

Applications for premises licences Where Where no represe ntations representations received/ have been made representations have been and not withdrawn withdrawn Application for a variation to a licence Where Where no representations representations received/ have been made representations have been and not withdrawn withdrawn Application for a transfer of a licence Where Where no representations representations received from the have been received Commission from the Commission Application for a provisional Where Where no representations statement representations received/ have been made representations have been and not withdrawn withdrawn Review of a premises licence X

Application for club gaming/club Where objections Where no objections machine permits have been made made/objections have been (and not withdrawn) withdrawn Cancellation of clu b gaming/club X machine permits

Applications for other permits X

Cancellation of licensed premises X gaming machine permits Consideration of temporary use X notice

Decision to give a counter notice to a X temporary use notice

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Gambling Licensing Policy

PART B

PREMISES LICENCES: CONSIDERATION OF APPLICATIONS

1. General Principles

Applicants for premises licences must hold or have applied for an Operating Licence from the Gambling Commission and adhere to any relevant Codes of Practice, prescribed by them, prior to making their application.

Premises Licences are also subject to the requirements laid out in the Gambling Act 2005 and regulations, as well as specific mandatory and default conditions which are detailed in regulations issued by the Secretary of State. Licensing authorities are able to exclude default conditions and also attach others, where it is believed to be appropriate.

This licensing authority is aware that in making decisions about premises licences it should aim to permit the use of premises for gambling in so far as it thinks it:

• in accordance with any relevant code of practice issued by the Gambling Commission; • in accordance with any relevant guidance issued by the Gambling Commission; • reasonably consistent with the licensing objectives (subject to the above), and • in accordance with the authority’s statement of licensing policy (subject to the above).

Where children, young persons and other vulnerable people are allowed access to premises where gambling takes place, the Local Authority may take whatever steps are considered necessary to either limit access generally or introduce measures to prevent under-age gambling where it believes it is necessary to achieve the licensing objectives

Applicants are encouraged to propose any prohibitions or restrictions of their own in circumstances where it is felt that the presence of children would be undesirable or inappropriate.

Applicants are also encouraged to demonstrate responsible recruitment of staff in key areas and carry out enhanced Criminal Record Bureau Checks in appropriate circumstances.

Detailed Codes of Practice and guidance are provided by the Gambling Commission. These are available at www.gamblingcommission.gov.uk to assist in the application for and operation of premises used for gambling.

Further information to applicants is provided in appendices ‘B’ to ‘D’ which do not form part of the Policy Statement

It is appreciated that ‘moral’ objections to gambling are not a valid reason to reject applications for premises licences and also that unmet demand is not a criterion for consideration by a licensing authority.

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Definition of “Premises”

Premises is defined in the Act as “any place” and Section 152 of the Act prevents more than one premise licence applying to any place. But a single building could be subject to more than one premises licence provided they are for different parts of the building and the different parts of the building can be reasonably regarded as being different premises. This approach has been taken to allow large multiple unit premises such as pleasure parks, piers, tracks or shopping malls to obtain discrete premises licences where appropriate safeguards are in place. However this authority will pay particular attention if there are issues about sub-divisions of a single building or plot to ensure that the mandatory conditions relating to access between premises are observed.

This licensing authority takes particular care in considering applications for multiple licences for a building and those relating to a discrete part of a building used for other (non gambling) purposes. In particular they should be aware of the following:

• The third licensing objective seeks to protect children and other vulnerable persons from being harmed by gambling. In practice that means not only preventing them from taking part in gambling, but also preventing them from being in close proximity to gambling. Therefore premises should be configured so that children and other vulnerable persons are not invited to participate in, have accidental access to, or closely observe gambling where they are prohibited from participating.

• Entrances to entrances and exits from parts of a building covered by one or more premises licences should be separate and identifiable so that the separation of different premises is not compromised and that people do not “drift” into a gambling area. In this context it should normally be possible to access the premises without going through another licensed premises or premises with a permit.

• Customers should be able to participate in the activity named on the premises licence

There are other factors which the licensing authority may take into account, these may include:

• Do the premises have a separate registration for business rates • Is the premises’ neighbouring premises owned by the same person or someone else? • Can each of the premises be accessed from the street or a public passageway? • Can the premises only be accessed from any other gambling premises?

This authority will consider these factors in making its decision, depending on all the circumstances of the case.

The Gambling Commission’s Guidance to Local Authorities contains further guidance on this issue, which this authority will also take into account in its decision-making.

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Premises “ready for gambling”

The Guidance states that a licence to use premises for gambling should only be issued in relation to premises that the licensing authority can be satisfied are going to be ready to be used for gambling in the reasonably near future, consistent with the scale of building or alterations required before the premises are brought into use.

If the applicant does not yet have a right to occupy the premises, then an application for a provisional statement should be made instead.

In deciding whether a premises licence can be granted where there are outstanding construction or alteration works at a premises, this authority will determine applications on their merits, applying a two stage consideration process:-

• First, whether the premises ought to be permitted to be used for gambling. • Second, whether appropriate conditions can be put in place to cater for the situation that the premises are not yet in the state in which they ought to be before gambling takes place. However conditions may not always be required as the Notice of Grant can be issued following the grant and the licence only issued once the premises have been inspected to ensure compliance with any requirements imposed.

Applicants should note that this authority is entitled to decide that it is appropriate to grant a licence subject to conditions, but it is not obliged to grant such a licence.

Licensing Objectives

Premises licences granted must be reasonably consistent with the licensing objectives. With regard to these objectives some comments are made below.

Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime - This licensing authority is aware that the Gambling Commission takes a leading role in preventing gambling from being a source of crime, however licensing authorities should pay attention to the proposed location of gambling premises in terms of this licensing objective. Thus, where an area has known high levels of organised crime this authority will consider carefully whether gambling premises are suitable to be located there and whether conditions may be suitable such as the provision of door supervisors. This licensing authority is aware of the distinction between disorder and nuisance and will consider factors such as whether police assistance was required and how threatening the behaviour was to those who could see it, so as to make that distinction.

Ensuring that gambling is conducted in a fair and open way - This licensing authority has noted that the Gambling Commission states that it generally does not expect licensing authorities to be concerned with ensuring that gambling is conducted in a fair and open way as this will be addressed via operating and personal licences. There is however, more of a role with regard to tracks which is explained in more detail in the 'tracks' section below).

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Protecting children and other vulnerable adult persons from being harmed or exploited by gambling - This licensing authority has noted that this objective means preventing children from taking part in gambling (as well as restriction of advertising so that gambling products are not aimed at or are, particularly attractive to children). The licensing authority will therefore consider whether specific measures are required at particular premises, with regard to this licensing objective. Appropriate measures may include supervision of entrances / machines, segregation of areas etc.

This licensing authority is also aware of the Gambling Commission Codes of Practice as regards this licensing objective, in relation to specific premises.

As regards the term “vulnerable persons” it is noted that the Gambling Commission does not seek to offer a definition but states that “it will for regulatory purposes assume that this group includes people who gamble more than they want to; people who gamble beyond their means; and people who may not be able to make informed or balanced decisions about gambling due to a mental impairment, alcohol or drugs.” This licensing authority will consider this licensing objective on a case by case basis.

Location

This licensing authority is aware that demand issues cannot be considered with regard to the location of premises but that considerations in terms of the licensing objectives are relevant to its decision making. This authority will pay particular attention to the protection of children and vulnerable persons from being harmed or exploited by gambling, as well as issues of crime and disorder.

Taking the licensing objectives into account, the Licensing Authority will, upon receipt of any relevant representation, look at specific building location issues including:

• The possible impact a gambling premises may have on any premises that provide services to children or young people; • The possible impact a gambling premises may have on residential areas where there may be a high concentration of families with children; • The size of the premises and the nature of the activities taking place; • The levels of crime and disorder in the area.

When receiving grant or variation applications for a premises licence, the licensing authority will need to be satisfied that the particular location of the premises would not be harmful to the licensing objectives. From 6 April 2016 the Gambling Commission’s Licence Conditions and Codes of Practice (LCCP) will require that applicants and licence holders assess the local risks posed to the licensing objectives by the provision of gambling facilities at their premises and have policies, procedures and control measures to mitigate those risks.

The LCCP also states that existing licence holders must review (and update as necessary) their local risk assessments to take into account any significant changes in local circumstance, or significant changes at the premises that may affect their mitigation of local risks;

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The licensing authority will expect the local risk assessment to consider as a minimum: • Whether the premises is in an area of deprivation; • Whether the premises is in an area subject to high levels of crime and/or disorder; • The ethnic profile of residents in the area; • The demographics of the area in relation to vulnerable groups; • The location of services for children such as schools, playgrounds, toy shops, leisure centres and other areas where children will gather; • How vulnerable people, including people with gambling dependencies, are protected.

Other matters that the assessment may include are:

• The training of staff in brief intervention when customers show signs of excessive gambling, the ability of staff to offer brief intervention and how the manning of premises affects this; • Details as to the location and coverage of working CCTV cameras, and how the system will be monitored; • The layout of the premises so that staff have an unobstructed view of persons using the premises; • The number of staff that will be available on the premises at any one time. If at any time that number is one, confirm the supervisory and monitoring arrangements when that person is absent from the licensed area or distracted from supervising the premises and observing those persons using the premises; • Arrangements for monitoring and dealing with under age persons and vulnerable persons, which may include dedicated and trained personnel, leaflets, posters, self-exclusion schemes, window displays and advertisements not to entice passers-by etc.; • The provision of signage and documents relating to games rules, gambling care providers and other relevant information be provided in both English and the other prominent first language for that locality; • Where the application is for a betting premises licence, other than in respect of a track, the location and extent of any part of the premises which will be used to provide facilities for gambling in reliance on the licence.

Such information may be used to assist the licensing authority when making decisions about whether to grant the licence, to grant the licence with special conditions or to refuse the application.

This policy does not preclude any application being made and each application will be decided on its merits, with the onus being upon the applicant to show how the concerns can be overcome.

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Local Licensing Guidance

Each locality has its own character and challenges. Where there is an issue in a local area which impacts on how an applicant should complete their risk assessment, the licensing authority will provide local licensing guidance.

The local licensing guidance should be given careful consideration when making an application. Applicants may be asked to attend a meeting with licensing officers to discuss the measures suggested in the guidance and how they might be relevant to their application. The Local Licensing Guidance will be presented to any subsequent Licensing Sub-Committee when they determine an application that has received representations.

Duplication with other regulatory regimes

This licensing authority seeks to avoid any duplication with other statutory / regulatory systems where possible, including planning. This authority will not consider whether a licence application is likely to be awarded planning or building regulations approval, in its consideration of it. However it will consider carefully, any concerns about conditions which are not able to be met by licensees due to planning restrictions, should such a situation arise.

When dealing with a premises licence application for finished buildings, this authority will not take into account whether those buildings have to comply with the necessary planning or buildings consents unless the matter is relevant to the licensing objectives. Fire or health and safety risks will not be taken into account, as these matters are dealt with under relevant planning control, buildings and other regulations and must not form part of the consideration for the premises licence.

Conditions

Where there are specific risks or problems associated with a particular locality, or specific premises, or class of premises, the licensing authority will attach individual conditions to address these.

Any conditions attached to licences will be proportionate and will be:

• Relevant to the need to make the proposed building suitable as a gambling facility; • Directly related to the premises and the type of licence applied for; • Fairly and reasonably related to the scale and type of premises: • Consistent with the licensing objectives; and • Reasonable in all other respects.

Decisions upon individual conditions will be made on a case by case basis, although there will be a number of measures this licensing authority will consider utilising should there be a perceived need, such as appropriate supervision and signage for adult only areas, etc. There are specific comments made in this regard under some of the licence types below. This licensing authority will also expect the licence applicant to offer his/her own suggestions as to ways in which the licensing objectives can be met effectively.

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Where certain measures are not already addressed by the mandatory/default conditions or by the applicant, the licensing authority may consider licence conditions to cover issues such as:

• Proof of age schemes; • CCTV; • Supervision of entrances; • Supervision of machine areas; • A reduction in the number of betting machines (betting premises); • The manning of premises; • Physical separation of areas; • Location of entrance points; • Notices / signage; • Specific opening hours; • A requirement that children must be accompanied by an adult ; • Support to persons with gambling addiction; • Policies to address seasonal periods where children may more frequently attempt to gain access to premises and gamble such as pre and post school hours, half terms and summer holidays; • Policies to address the problems associated with truant children who may attempt to gain access to premises and gamble;

This licensing authority will also consider specific measures which may be required for buildings which are subject to multiple premises licences. Such measures may include the supervision of entrances; segregation of gambling from non-gambling areas frequented by children; and the supervision of gaming machines in non-adult gambling specific premises in order to pursue the licensing objectives.

This authority will also ensure that where category C or above machines are on offer in premises to which children are admitted:

• All such machines are located in an area of the premises which is separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance; • Only adults are admitted to the area where these machines are located; • Access to the area where the machines are located is supervised; • The area where these machines are located is arranged so that it can be observed by the staff or the licence holder; and • At the entrance to and inside any such areas there are prominently displayed notices indicating that access to the area is prohibited to persons under 18.

These considerations will apply to premises including buildings where multiple premises licences are applicable.

This licensing authority is aware that tracks may be subject to one or more than one premises licence, provided each licence relates to a specified area of the track. As per the Gambling Commission's Guidance, this licensing authority will consider the impact upon the third licensing objective and the need to ensure that entrances to

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Gambling Licensing Policy each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter.

The above list is not mandatory or exhaustive and is merely indicative of examples of certain measures which may satisfy the requirements of the licensing authority and the responsible authorities, depending on the nature and location of the premises and the gambling facilities to be provided.

It is noted that there are conditions which the licensing authority cannot attach to premises licences which are:

• Any condition on the premises licence which makes it impossible to comply with an operating licence condition; • Conditions relating to gaming machine categories, numbers, or method of operation; • Conditions which provide that membership of a club or body be required (the Gambling Act 2005 specifically removes the membership requirement for casino and bingo clubs and this provision prevents it being reinstated; and • Conditions in relation to stakes, fees, winning or prizes.

Door Supervisors

The Gambling Commission advises in its Guidance to Licensing Authorities that if a licensing authority is concerned that a premises may attract disorder or be subject to attempts at unauthorised access (for example by children and young persons) then it may require that the entrances to the premises are controlled by a door supervisor, and is entitled to impose a premises licence condition to this effect.

Where it is decided that supervision of entrances/machines is appropriate for particular cases, a consideration of whether these need to be SIA licensed or not will be necessary. It will not be automatically assumed that they need to be licensed, as the statutory requirements for different types of premises vary (as per the Gambling Commissions Guidance), however where door supervisors are provided, the operator should ensure that any persons employed in that capacity are fit and proper to carry out such duties.

2. Adult Gaming Centres

The Gambling Act 2005 allows adult gaming centres to be able to make category B, C and D gaming machines available for use and persons under 18 years of age will not be permitted to enter such premises.

This licensing authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to ensure that under 18 year olds do not have access to the premises.

Where certain measures are not already addressed by the mandatory and default conditions and the Gambling Commission Codes of Practice, or by the applicant, the licensing authority may consider licence conditions to address such issues, examples of which are provided in the ‘Conditions’ section above

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3. (Licensed) Family Entertainment Centres

Licensed family entertainment centres will be able to make unlimited category C and D gaming machines available for use providing there is clear segregation in place so that persons under 18 years of age will not be permitted to access areas where the category C machines are located.

This licensing authority will refer to the Commission’s website to see any conditions that apply to licences covering the way in which the area containing the category C machines should be delineated. This licensing authority will also make itself aware of any mandatory or default conditions and any Gambling Commission Codes of Practice on these premises licences

4. Casinos

The Gambling Act states that a casino is an arrangement whereby people are given the opportunity to participate in one or more casino games. Such games are defined as a game of chance which is not equal chance gaming. This means that casino games offer the chance for multiple participants to take part in a game competing against the house or bank at different odds to their fellow players. Casinos can also provide equal chance gaming and gaming machines. Large and small casinos can also provide betting machines.

The Gambling Commission has provided Guidance for Licensing Authorities and Licence Conditions and Code of Practice which are applied to Operator’s Licences. The council will take this into consideration when determining licence applications for converted casino licences.

No Casinos resolution

This Council has not passed a ‘no casino’ resolution under Section 166 of the Gambling Act, but is aware that it has the power to do so. Should this licensing authority decide in the future to pass such a resolution, it will update this policy statement with details of that resolution and any such decision will be made by the Full Council.

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Large Casino

This licensing authority was granted the power to issue one premises licence for a Large Casino. In 2010 the local authority ran a ‘competition’ under Schedule 9 of the Gambling Act 2005. There was one application made under Stage One of the competition and a Provisional Statement for the Large Casino development was awarded to that applicant in January 2011.

5. Bingo premises

Children and young people are allowed into bingo premises; however they are not permitted to participate in the bingo and if category B or C machines are made available for use these must be separated from areas where children and young people are allowed.

6. Betting premises

Betting premises are premises where various types of gambling are authorised to take place. The Act contains a single class of licence for betting premises however within this single class there are different types of premises which require licensing such as high street bookmakers, bookmakers located in self contained facilities at race courses as well as the general betting premises licences that track operators will require.

The licensing authority is aware that Section 181 of the Act contains an express power for licensing authorities to restrict the number of betting machines, their nature and the circumstances in which they are made available by attaching a licence condition to a betting premises licence. This licensing authority will take into account the size of the premises, the number of counter positions available for person-to- person transactions, and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator wants to offer.

Where an applicant for a betting premises licence intends to offer higher stake category B gaming machines (categories B4-B4) including any Fixed Odds betting terminals (FOBTs) then applicants should consider the control measures related to the protection of vulnerable persons.

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7. Tracks

Tracks are sites (including racecourses and dog tracks) where races or other sporting events take place. Multiple betting outlets are usually located on tracks such as ‘on-course’ betting operators who come onto the track just on race days to provide betting for the races taking place on that track. There can also be ‘off-course’ betting operators who may operate self contained facilities at the tracks which offer customers the chance to bet on other events, not just those taking place on the track.

All tracks will require a primary `general betting premises licence’ that the track operator will hold. It should be noted that track operators do not require an operating licence from the Gambling Commission although they may apply for one. This is because the various other gambling operators offering betting at the track will each hold an operating licence.

Children and young persons will be permitted to enter track areas where facilities for betting are provided on days when dog-racing and/or horse racing takes place, although they are still prevented from entering areas where gaming machines and betting machines (other than category D machines) are provided. The licensing authority will therefore expect the premises licence applicant to demonstrate suitable measures to ensure that children and young persons do not have access to adult only gaming facilities.

Gaming machines -  Where the applicant holds a pool betting operating licence and is going to use the entitlement to four gaming machines, machines (other than category D machines) should be located in areas from which children and young persons are excluded.

Betting machines - The licensing authority is aware that Section 181 of the Act contains an express power for licensing authorities to restrict the number of betting machines, their nature and the circumstances in which they are made available by attaching a licence condition to a betting premises licence. When considering whether to impose a condition to restrict the number of betting machines in particular premises, the council, amongst other things, will take into account the size of the premises, the number of counter positions available for person-to-person transactions and the location of the machines, in order to ensure they are in a properly segregated area where children are not permitted..

Applications and plans – Regulations made under Section 159 of the Gambling Act require applicants to submit plans of the premises with their application, in order to ensure that the licensing authority has the necessary information to make an informed judgement about whether the premises are fit for gambling. The plan will also be used for the licensing authority to plan future premises inspection activity. Plans for tracks do not need to be in a particular scale, but should be drawn to scale and should be sufficiently detailed to include the information required by regulations.

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Some tracks may be situated on agricultural land where the perimeter is not defined by virtue of an outer wall or fence, such as point-to-point racetracks. In such instances, where an entry fee is levied, track premises licence holders may erect temporary structures to restrict access to premises (See Guidance to Licensing Authorities, para 20.31).

In the rare cases where the outer perimeter cannot be defined, it is likely that the track in question will not be specifically designed for the frequent holding of sporting events or races. In such cases betting facilities may be better provided through occasional use notices where the boundary premises do not need to be defined.

This authority appreciates that it is sometimes difficult to define the precise location of betting areas on tracks. The precise location of where betting facilities are provided is not required to be shown on track plans, both by virtue of the fact that betting is permitted anywhere on the premises and because of the difficulties associated with pinpointing exact locations for some types of track. Applicants should provide sufficient information that this authority can satisfy itself that the plan indicates the main areas where betting might take place.

8. Travelling Fairs

This licensing authority is responsible for deciding whether, where category D machines and/or equal chance prize gaming without a permit is to be made available for use at travelling fairs, the statutory requirement that the facilities for gambling amount to no more than an ancillary amusement at the fair is met.

The licensing authority will also consider whether the application falls within the statutory definition of a travelling fair.

It is noted that the 27-day statutory maximum for the land being used as a fair applies on a calendar year basis, and that it applies to the piece of land on which the fairs are held, regardless of whether it is the same or different travelling fairs occupying the land. This licensing authority will work with its neighbouring authorities to ensure that land which crosses our boundaries is monitored so that the statutory limits are not exceeded.

9. Provisional Statements

Developers may wish to apply to this authority for provisional statements before entering into a contract to buy or lease property or land to judge whether a development is worth taking forward in light of the need to obtain a premises licence. There is no need for the applicant to hold an operating licence in order to apply for a provisional statement.

S204 of the Gambling Act provides for a person to make an application to the licensing authority for a provisional statement in respect of premises that he or she: - Expects to be constructed; - Expects to be altered; or - Expects to acquire a right to occupy.

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The process for considering an application for a provisional statement is the same as that for a premises licence application. The applicant is obliged to give notice of the application in the same way as applying for a premises licence. Responsible authorities and interested parties may make representations and there are rights of appeal.

In contrast to the premises licence application, the applicant does not have to hold or have applied for an operating licence from the Gambling Commission (except in the case of a track) and they do not have to have a right to occupy the premises in respect of which their provisional application is made.

The holder of a provisional statement may then apply for a premises licence once the premises are constructed, altered or acquired. The licensing authority will be constrained in the matters it can consider when determining the premises licence application, and in terms of representations about premises licence applications that follow the grant of a provisional statement, no further representations from relevant authorities or interested parties can be taken into account unless:

• They concern matters which could not have been addressed at the provisional statement stage, or • They reflect a change in the applicant’s circumstances.

In addition, the authority may refuse the premises licence (or grant it on terms different to those attached to the provisional statement) only by reference to matters:

• Which could not have been raised by objectors at the provisional statement stage; • Which in the authority’s opinion reflect a change in the operator’s circumstances; or • Where the premises has not been constructed in accordance with the plan submitted with the application. This must be a substantial change to the plan and this licensing authority notes that it can discuss any concerns it has with the applicant before making a decision.

10. Reviews

Requests for a review of a premises licence can be made by interested parties or responsible authorities; however, it is for the licensing authority to decide whether the review is to be carried out. This will be on the basis of whether the request for the review raises issue as to whether the operation of the premises is:

• In accordance with any relevant code of practice issued by the Gambling Commission • In accordance with any relevant guidance issued by the Gambling Commission • Reasonably consistent with the licensing objectives and • In accordance with the authority’s Statement of Licensing Policy

The request for the review will also be subject to the consideration by the authority as to whether the request is frivolous, vexatious, or whether it will certainly not cause this authority to wish to alter/revoke/suspend the licence, or whether it is substantially the same as previous representations or requests for review.

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The licensing authority can also initiate a review of a particular premises licence or a particular class of premises licence on the basis of any reason which it thinks is appropriate.

Once a valid application for a review has been received by the licensing authority, representations can be made by responsible authorities and interested parties during a 28 day period. This period begins 7 days after the application was received by the licensing authority, who will publish notice of the application within 7 days of receipt.

The licensing authority must carry out the review as soon as possible after the 28 day period for making representations has passed.

The purpose of the review will be to determine whether the licensing authority should take any action in relation to the licence. If action is justified, the options open to the licensing authority are:-

(a) Add, remove or amend a licence condition imposed by the licensing authority; (b) Exclude a default condition imposed by the Secretary of State or Scottish Ministers (e.g. opening hours) or remove or amend such an exclusion; (c) Suspend the premises licence for a period not exceeding three months; and (d) Revoke the premises licence.

In determining what action, if any, should be taken following a review, the licensing authority must have regard to the principles set out in section 153 of the Act, as well as any relevant representations.

In particular, the licensing authority may also initiate a review of a premises licence on the grounds that a premises licence holder has not provided facilities for gambling at the premises. This is to prevent people from applying for licences in a speculative manner without intending to use them.

Once the review has been completed, the licensing authority must, as soon as possible, notify its decision to:

- The licence holder - The applicant for review (if any) - The Gambling Commission - Any person who made representations - The Chief Officer of Police or Chief Constable; and - Her Majesty’s Commissioners for Revenue and Customs

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PART C

PERMITS / TEMPORARY & OCCASIONAL USE NOTICE

1. Unlicensed family entertainment centre gaming machine permits

An ‘unlicensed family entertainment centre’ is defined in the Gambling Act as premises which provides category D gaming machines along with various other amusements such as computer games and penny pushers. The premises is ‘unlicensed’ in that it does not require a premises licence but does require a permit to be able to provide category D machines. In such cases the premises may apply to the licensing authority for this permit. It should be noted that the applicant must show that the premises will be wholly or mainly used for making gaming machines available for use (Section 238).

The Gambling Act 2005 states that a licensing authority may prepare a statement of principles that they propose to consider in determining the suitability of an applicant for a permit and in preparing this statement, and/or considering applications, it need not (but may) have regard to the licensing objectives and shall have regard to any relevant guidance issued by the Commission under section 25.

The licensing authority may wish to consider asking applicants to demonstrate:

• A full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs; • That the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act); • That staff are trained to have a full understanding of the maximum stakes and prizes.

It should be noted that a licensing authority cannot attach conditions to this type of permit.

This licensing authority will expect the applicant to show that there are policies and procedures in place to protect children from harm and exploitation. Harm in this context is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, however, they may include appropriate measures / training for staff with regard to suspected truant or missing school children on the premises, measures / training covering how staff would deal with unsupervised very young children being on the premises or children causing perceived problems on or around the premises.

Due to the nature of these premises, which are attractive to children, applicants who employ staff to supervise the premises should consult with the Disclosure and Barring Service to determine if their staff need to be DBS checked.

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2. (Alcohol) Licensed premises gaming machine permits

Automatic Entitlement: 2 machines

There is provision in the Act for premises licensed to sell alcohol for consumption on the premises, to automatically have 2 gaming machines, of categories C and/or D. The premises merely need to notify the licensing authority. The licensing authority can remove the automatic authorisation in respect of any particular premises if:

• Provision of the machines is not reasonably consistent with the pursuit of the licensing objectives; • Gaming has taken place on the premises that breaches a condition of section 282 of the Gambling Act (i.e. that written notice has been provided to the licensing authority, that a fee has been provided and that any relevant code of practice issued by the Gambling Commission about the location and operation of the machine has been complied with); • The premises are mainly used for gaming; or • An offence under the Gambling Act has been committed on the premises

Permit : 3 or more machines

If a premises wishes to have more than 2 machines, then it needs to apply for a permit and the licensing authority must consider that application based upon the licensing objectives, any guidance issued by the Gambling Commission issued under Section 25 of the Gambling Act 2005, and “ such matters as they think relevant .”

This licensing authority considers that “such matters” will be decided on a case by case basis but generally there will be regard to the need to protect children and other vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to ensure that under persons under 18 years old do not have access to the adult only gaming machines. Measures which will satisfy the authority that there will be no access may include the adult machines being in sight of the bar, or in the sight of staff who will monitor that the machines are not being used by those under 18. Notices and signage may also be helpful. As regards the protection of other vulnerable persons these applicants may wish to consider the provision of information leaflets / helpline numbers for organisations such as GamCare.

It is recognised that some alcohol licensed premises may apply for a premises licence for their non-alcohol licensed areas. Any such application would most likely need to be dealt with as an Adult Gaming Centre premises licence.

It should be noted that the licensing authority can decide to grant the application with a smaller number of machines and/or a different category of machines than that applied for. Conditions (other than these) cannot be attached.

It should also be noted that the holder of a permit must comply with any Code of Practice issued by the Gambling Commission about the location and operation of the machine.

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3. Prize Gaming Permits

A prize gaming permit is a permit issued by the licensing authority to authorise the provision of facilities for gaming with prizes on specified premises. Section 288 of the Gambling Act defines gaming as prize gaming if the nature and size of the prize is not determined by the number of people playing or the amount paid for or raised by the gaming.

The Gambling Act states that a licensing authority may “prepare a statement of principles that they propose to apply in exercising their functions under this Schedule” which “may, in particular, specify matters that the licensing authority proposes to consider in determining the suitability of the applicant for a permit”.

This licensing authority has prepared a Statement of Principles stating that the applicant should set out the types of gaming that he or she is intending to offer and that the applicant should be able to demonstrate: • That they understand the limits to stakes and prizes that are set out in Regulations; • That the gaming offered is within the law • Clear policies that outline the steps to be taken to protect children from harm.

It should be noted that there are conditions in the Gambling Act 2005 by which the permit holder must comply, but that the licensing authority cannot attach conditions. The conditions in the Act are:

• The limits on participation fees, as set out in regulations, must be complied with; • All chances to participate in the gaming must be allocated on the premises on which the gaming is taking place and on one day; the game must be played and completed on the day the chances are allocated; and the result of the game must be made public in the premises on the day that it is played; • The prize for which the game is played must not exceed the amount set out in regulations (if a money prize), or the prescribed value (if non-monetary prize); and • Participation in the gaming must not entitle the player to take part in any other gambling.

4. Club Gaming and Club Machines Permits

Members Clubs and Miners’ welfare institutes (but not Commercial Clubs) may apply for a Club Gaming Permit. The Club Gaming Permit will enable the premises to provide gaming machines (3 machines of categories B4, C or D), and equal chance gaming such as poker, bingo, etc. A Club Gaming machine permit will enable the premises to provide gaming machines (3 machines of categories B4, C or D).

Members Clubs, Miners Welfare Institutes and Commercial Clubs may apply for Clubs Gaming machines permits.

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A Members clubs must have at least 25 members and be established and conducted “wholly or mainly” for purposes other than gaming, unless the gaming is permitted by separate regulations.

The Secretary of State has made regulations that cover bridge and whist clubs, which replicates the position under the Gambling Act 1968. A members’ club must be permanent in nature, not established to make commercial profit, and controlled by its members equally. Examples include working men’s clubs, branches of Royal British Legion and clubs with political affiliations.”

Clubs must have regard to the protection of children and other vulnerable persons from harm or being exploited by gambling. They must provide sufficient measures to ensure that under 18 year olds do not use the adult only gaming machines. These measures may include:

• The machines being in close proximity to the bar, or in any other area where they are capable of being adequately supervised; • Notices and signage; • The provision of information leaflets / helpline numbers for organisations such as GamCare.

The licensing authority may only refuse an application on the grounds that:

(a) The applicant does not fulfil the requirements for a members’ or commercial club or miners’ welfare institute and therefore is not entitled to receive the type of permit for which it has applied; (b) The applicant’s premises are used wholly or mainly by children and/or young persons; (c) An offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities; (d) A permit held by the applicant has been cancelled in the previous ten years; or (e) An objection has been lodged by the Commission or the police.

There is also a ‘fast-track’ procedure available under the Act for premises which hold a Club Premises Certificate under the Licensing Act 2003. Under the fast-track procedure there is no opportunity for objections to be made by the Commission or the police, and the grounds upon which an authority can refuse a permit are reduced.

The grounds upon which an application under the process may be refused are:

(a) That the club is established primarily for gaming; (b) That in addition to the prescribed gaming, the applicant provides facilities for other gaming; or (c) That a club gaming permit or club machine permit issued to the applicant in the last ten years has been cancelled.

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5. Temporary Use Notices

Temporary Use Notices allow the use of premises for gambling where there is no premises licence but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling. Premises that might be suitable for a Temporary Use Notice, according the Gambling Commission, would include hotels, conference centres and sporting venues.

The licensing authority can only grant a Temporary Use Notice to a person or company holding a relevant operating licence, i.e. a non-remote casino operating licence.

Temporary Use Notices allow the use of premises for any form of equal chance gambling where those participating in the gaming are taking part in a competition which is intended to produce a single, overall winner.

The Act makes a special reference, in the context of temporary use notices, to a “set of premises” to try and ensure that large premises which cannot reasonably be viewed as separate are not used for more temporary use notices than permitted under the Act. The council considers that the determination of what constitutes “a set of premises” will be a question of fact in the particular circumstances of each notice that is given. In considering whether a place falls within the definition of a “set of premises”, the council will look at, amongst other things, the ownership/occupation and control of the premises. The council will be ready to object to notices where it appears that their effect would be to permit regular gambling in a place that could be described as one set of premises.

A temporary use notice must be lodged with the licensing authority not less than three months and one day before the day on which the gambling is due to take place. Detailed information about how to serve a temporary use notice will be available in a separate guidance note.

This licensing authority expects to object to notices where it appears that their effect would be to permit regular gambling in a place that could be described as one set of premises,.

6. Occasional Use Notices

The licensing authority has very little discretion as regards these notices aside from ensuring that the statutory limit of 8 days in a calendar year is not exceeded. This licensing authority will need to consider the definition of a ‘track’ and whether the applicant is permitted to avail him/herself of the notice.

7. Small Society Lottery Registrations

A lottery generally refers to schemes under which prizes are distributed by chance among entrants who have given some form of value for their chance to take part.

A small society lottery is a lottery promoted on behalf of a non commercial society as defined in the Gambling Act which also meets specific financial requirements set out

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Gambling Licensing Policy in the Act. These will be administered by the licensing authority for small societies who have a principal office in Hull and want to run such a lottery.

A lottery is small if the total value of tickets put on sale in a single lottery is £20,000 or less and the aggregate value of the tickets put on sale in a calendar year is £250,000 or less.

To be ‘non-commercial’ a society must be established and conducted: • for charitable purposes, • or the purpose of enabling participation in, or supporting, sport, athletics or a cultural activity; or • for any other non-commercial purpose other than that of private gain.

Appendix ‘A’

CONTACT DETAILS FOR THE VARIOUS RESPONSIBLE AUTHORITIES

Hull City Council Licensing Section 33 Witham Kingston upon Hull HU9 1DB

Telephone: (01482) 300300 Fax: (01482) 615554 Email: [email protected]

Humberside Police Alcohol Licensing Section Police Headquarters Priory Road Police Station Priory Road Hull HU5 5SF

Telephone: (01482) 976757/976758/976759 Fax: (01482) 305063 Email: [email protected]

Humberside Fire and Rescue Service Public Safety Centre Summergroves Way Hessle HU4 7BB

Telephone: (01482) 567133 Email: [email protected]

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Environmental Regulations Section Hull City Council 33 Witham Kingston upon Hull HU9 1DB

Telephone: (01482) 300300 Fax: (01482) 615554 Email: [email protected]

Planning Services Hull City Council The Guildhall Alfred Gelder Street Hull HU1 2AA

Telephone: (01482) 300300 Fax: (01482) 612350 Email: [email protected]

Gambling Commission Gambling Commission Victoria Square House Victoria Square Birmingham B2 4BP

Email: [email protected]

Safeguarding Children Board Midmere Centre Dorchester Road Hull HU7 6BD

Telephone: (01482) 379090 Email: [email protected]

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Appendix ‘B’

CODE OF SOCIAL RESPONSIBILITY AND GOOD PRACTICE

The responsibility for an individual’s gambling is their own; the responsibility to exercise a duty of care is that of the Site Operator

Procedures and policies that a Premises Licence Holder could adopt to demonstrate serious commitment to being socially responsible:

Industry Code of Conduct Premises Licence Holders and their facilities are subject to both national and local regulation and are likely to be part of a trade association. There will also be a number of in-house rules designed to protect the business, ensure safety of staff and enhance the experience for the customer. Therefore it is important that: • All personnel should be made aware of, and understand company and trade association codes of practice. • All aspects of the codes that apply to a particular site or aspect of the business transacted are adhered to. • Regulatory requirements are adhered to.

Advertising & promotion It is appropriate that gambling activities and venues are advertised and that a Premises Licence Holder is able to promote the facilities available However: • All promotion should conform to current and relevant guidelines of the Advertising Standards Authority’s Committee of Advertising Practice, Independent Television Commission (ITC) and Radio Authority (RA), codes of practice or guidance issued under the Gambling Act 2005. Principles • All advertisements should be legal, decent, honest and truthful. • All advertisements should be prepared with a sense of responsibility to consumers and to society. • All advertisements should respect the principles of fair competition generally accepted in business. • No advertisement should bring advertising into disrepute.

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Betting and gaming

• The gaming industry and the advertising business accept responsibility for ensuring that advertisements contain nothing that is likely to lead people to adopt styles of gambling that are unwise. • Advertisements and promotions should be socially responsible and should not encourage excessive gambling. • Care should be taken not to exploit the young the immature or those who are vulnerable through a mental disability or illness. • Advertisements should not be directed at people under 18 through the selection of media, style of presentation, content or context in which they appear. No medium should be used to advertise betting and gaming if more than 20% of its audience is under 18 years old • People shown gambling should not be, nor should they appear to be, under 21 years of age.

In addition to statutory requirements:

• There should be honesty at all times with regard to the chances of winning, the likelihood of a big win, and the odds of payout ratio that applies to the gambling on offer. • Similar to the cautionary statement that appears on financial investment documentation; promotional material should carry a reference to the need to keep gambling under control. • It should never be suggested or implied that gambling is a means of getting out of financial difficulty.

Product purchase

It is perfectly appropriate to make customers feel welcome, advise them about the gambling activities on offer and help them if they do not understand. However, customers should never be enticed to: • Re-stake their winnings; it should be their own decision • Increase the amount they have decided to commit to the gambling activity. • Chase their losses. • Continue playing when they have indicated that they wish to stop. • Continue gambling as a means of obtaining more credits on a smart card.

The facility of changing coins back into notes must be made available to customers.

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Enforcement of Age Restriction It is a fundamental and statutory requirement that persons under the age of 18 years do not have access to category ‘A’, ‘B’ or ‘C’ gaming machines Measures that minimise such access include:

• Clear and prominent signage at the street entrance(s) to Betting or Gaming premises or entrances to the designated area(s) within a Bingo Premises or Family Entertainment Centre, stating that the minimum age of entry is 18 years of age. • A sufficiently controlled and supervised point of entry so as to make transgression of the rule difficult. • Where there is doubt over whether a person has attained the age of 18 years, that person shall be required to produce documentary evidence of their age before they are allowed access. An approved ‘Proof of Age’ scheme should be operated and publicised. • Making it a disciplinary offence for any member of staff who is negligent in carrying out appropriate checks or who knowingly allows underage persons to enter the premises or designated area(s). • Ensuring that all staff are made aware of the requirement to be vigilant and have been trained to deal with customers who are, or who appear to be, underage. • Not making the outside of an Adult Gaming Centre that is visible from the street, or in the case of a designated area(s) within a Family Entertainment Centre, attractive to children.

Staff training The need for staff training is apparent for a number of aspects of the business, including that around the subject of social responsibility. The training should: • Include an input for senior management down to the most junior member of staff. • Encourage ownership of a policy and procedures that are designed to minimise harm. • Raise awareness of the issues, emphasise the importance of taking social responsibility seriously and enable staff to confidently deal with relevant situations. • Inform and develop staff awareness at all levels, provide the basis for written guidelines and staff instructions, and give staff the skills and confidence to respond appropriately when customers express concern about their gambling. • Incorporate social responsibility requirements as a routine aspect of both induction and on-going staff training.

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Protecting those who seek assistance Responding to someone who admits to having a problem with their gambling is a delicate matter that needs to be approached sensitively an appropriate response should include: • Rules and procedures relating to a policy of responding to problem gamblers should be clearly formulated and incorporated into the day-to-day operation of the premises. • One or more members of staff on duty at all times should have been trained to deal with situations that might require a response. • A positive response including communicating sources of help and the possibility of self exclusion to any customer who admits to having lost control of their gambling. • A ‘self exclusion’ policy for any customer who wishes to voluntarily self exclude himself/herself from any premises that stipulates a minimum exclusion period of six months. • Drawing to the attention of family relatives, who express concern about a customer’s gambling ,the options available to the gambler should they wish to address the extent of their gambling. • A company policy that clearly states that staff must not collude with customers who ask staff to lie on their behalf.

Stay in Control Advice Without breaching the principle that customers are responsible for their own gambling, the nature of the activity suggests that they should be reminded of the need to exercise caution Signage, in the form of a poster should: • Give clear guidance that in order to keep gambling a fun social activity the customer needs to ‘stay in control’ • Draw attention to further information, such as leaflets, that are available at the venue. • Indicate sources of help such as the national GamCare Helpline telephone number. • Be large enough and written in language so as to be easily seen and understood. • Be prominently displayed in the centre • Maintained in a clean and tidy condition, preferably in a glass fronted frame

These points are satisfied by having a GamCare ‘Stay in Control’ poster in a frame and prominently displayed within the premises or designated area(s) More than one poster should be displayed in larger venues, so that all customers are able to see and to easily read them.

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Advertising sources of help At the core of exercising a duty of care is the principle of assisting customers who may wish to express concern about their gambling. This tenet should be drawn to the attention of customers in the following ways:

• The prominent display of an appropriate poster (see above) • Adjacent to each poster there should be a holder or rack containing leaflets that emphasise the need to keep gambling under control and where to seek help should anyone be concerned about their own or a family member’s gambling. • These leaflets-should at all times be available for customers to discreetly take one without having to ask a member of staff, and there should be an effective stock control system to ensure that such leaflets are always available to supply.

Supporting social impact initiatives It is important for the industry and organisations addressing social impact issues to work together. This may be achieved by: • Recognition that the demonstration of a socially responsible approach is advantageous to the company as well as to its customers • Contributing appropriate financial support to develop treatment, training, education and research programmes that are provided by organisations addressing the social impact of gambling. • Supporting and encouraging the work of such organisations and giving a high profile to joint initiatives undertaken with them • Consulting with social impact organisations at product planning, design and promotion stages. • Inviting appropriate organisations to contribute to the development of socially responsible procedures including induction and on-going training programmes.

Commitment • Recognise that social responsibility is essential to the healthy development of the gambling industry • Develop a culture throughout the company that is supported by policies and procedures that demonstrate total commitment to social responsibility • Strive to achieve an appropriate and fair balance between maximising opportunity and minimising harm

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Appendix ‘C’

Humberside Fire and Rescue Service

The Gambling Act 2005

Fire Safety GUIDELINES

These guidelines are issued to assist local licensees to provide suitable and sufficient fire safety measures in any premises under the Gambling Act 2005. They DO NOT replace existing legislation relating to Health and Safety.

GENERAL

The applicant should clearly state the Occupancy of the premises. For further information on how to compile a Fire Risk Assessment and calculate an appropriate occupancy figure this available on the Humberside Fire and Rescue Service website www.humbersidefire.gov.uk

Where existing legislation does not provide adequately for the safety of the public or club members the Licensing Authority may include additional conditions to ensure the safety of occupants.

(a) Provide an acceptable system of:

(i) Controlling entry.

(ii) Identifying the number of persons present on the premises at any given moment in time.

(iii) Stewarding the premises where the number of people admitted exceeds 60.

(b) Produce on demand to any authorised officer of the Authority, the Police and Fire and Rescue Service evidence of the number of persons present on the premises.

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DOORS

NB Test only notices do not comply with the Health and Safety (Signs and Signals) Regulations 1996. They require replacement or supplementing with new signs.

All final exit doors must be fitted with fastening devices which can be easily and immediately opened from inside without the use of keys.

Any door required for means of escape in case of fire, if fastened during the time the public are in the premises, shall be secured during such time by panic mechanisms only. Doors fitted with panic mechanisms shall be indicated either ‘ PUSH BAR TO OPEN’ or ‘PUSH PAD TO OPEN ’ in conspicuous and distinctive block lettering.

SECURITY DEVICES

Any security devices other than panic mechanisms shall be removed whenever the premises are occupied.

CURTAINS ACROSS DOORWAYS

FIRE ALARM

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NOTICES

Notices giving instruction on how to call the Fire and Rescue Service must be prominently displayed adjacent to alarm call points and telephones in the premises.

EMERGENCY LIGHTING

(i) Indicate clearly the escape routes.

(ii) Provide illumination along escape routes to allow safe movement towards and through the exits provided.

(iii) Ensure that the fire alarm call points and fire fighting equipment provided along escape routes can be readily located.

(iv) Provide illumination to external means of escape arrangements.

(v) Where people are unfamiliar with the premises, or there is provision for dimming of the lights and/or alcohol is consumed then generally Final Exits and intermediate luminaries must be on a Maintained System (illuminated at all times premises are in use).

FIRE FIGHTING EQUIPMENT

Fire fighting equipment shall be provided appropriate to the risk and sited in a location under the supervision of the staff. The equipment shall be tested and examined by a competent person at periods not exceeding 12 months. All members of the staff at the premises shall be given instruction and training as to their duties in the event of fire or other emergencies and records as to such training shall be kept in a logbook on the premises.

OVERCROWDING

EMERGENCY SERVICE ACCESS

Adequate access shall be provided for emergency vehicles at all times.

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QUEUES

LOCATION OF CLOAKROOMS

Provision for coats and hats or cloaks shall not be made in corridors, passageways or gangways or any exit way used by the public.

ACCUMULATION OF RUBBISH AND STORAGE OF COMBUSTIBLE MATERIALS

No rubbish or waste paper shall be stored or allowed to accumulate in any part of the premises. Storage of necessary combustible materials shall be in such a position as may be approved by the Fire and Rescue Service.

Further information with regards any fire precautions can be obtained from your local Fire and Rescue Service by telephoning:

01482 565333

APPENDIX ‘D’

GAMBLING PREMISES

These guidelines are issued to assist applicants, for premises licences, to provide sufficient measures to prevent noise and environmental pollution.

Noise Control

Many amusement arcades and Bingo halls have used speakers in the doorways to demonstrate to potential customers that they are open for business. Similarly the TV feed to bookmaker’s shops may be loud to add to the excitement of the gambling. Customers arriving at and departing from Casinos may cause a nuisance due to their shouting or the closing of vehicle doors and the revving of engines. This may result in complaints to Environmental Health regarding noise pollution. Therefore, in order to stop complaints arising, it is recommended that gambling premises should adopt a noise control policy.

Measures in the noise control policy may include but not be restricted to:

• No loudspeakers open to the street • Doors and windows to be kept closed during noisy events • Acoustic lobbies to be included in amusement arcades • A dispersal policy for those premises open after 23.00 hours • Suitable locations for the entry and exit of patrons and properly located taxi bays and car parks e.g.

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Litter Control

Many gambling activities involve the use of cards or slips that may be disposed of outside the premises and cause litter. Therefore it is recommended that gambling premises should adopt a litter control policy especially for those premises that use betting slips or scratch cards.

Measures may include but not be restricted to:

• An adequate number of bins inside the premises • A scheduled regular clean up • Notices reminding customers not to dispose of their stubs or cards by littering • Provision of bins outside the premises (subject to consultation with the Highways Department) • Regular litter picks around the exterior of the premises

Further information is available in the DEFRA document “Reducing litter caused by ‘Food on the Go’ – A Voluntary Code of Practice for local partnerships”. Although this refers to food establishments, the advice is still pertinent for gambling establishments.

Light Pollution

Some gambling establishments have illuminated signs to the exterior and illuminated canopies. These should not be so bright as to cause excessive sky glow or nuisance to neighbouring occupiers. Advice regarding the acceptable levels of illumination and methods for acceptable lighting are available in ‘The Institution of Lighting Engineers Guidance Notes for the Reduction of Light Pollution.’

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Gambling Act 2005 Policy Review Consultation Responses

Response from GAMCARE While we do not have the resources available to allow us to personally respond to each Local Authority which contacts us regarding their refreshed Statement of Principles, we have compiled a list of the issues or factors which we think it would be helpful to consider below, more information is available via the Gambling Commission . The function of the Statement is to reflect locally specific gambling concerns and to reflect the Council’s wider strategic objectives. The active use of the Statement is one means by which you can make clear your expectations of gambling operators who have premises in your area. This allows operators to respond to locally specific requirements and adjust their own policies and procedures as required.

• A helpful first step is to develop a risk map of your local area so that you are aware of both potential and actual risks around gambling venues. A useful explanation of area- based risk-mapping has been developed with Westminster and Manchester City Councils, which gives some guidance on those who may be most vulnerable or at- risk of gambling-related harm. For more information please see www.geofutures.com/research-2/gambling-related-harm-how-local-space-shapes- our-understanding-of-risk/ • Consider that proposals for new gambling premises which are near hostels or other accommodation or centres catering for vulnerable people, including those with learning difficulties, and those with gambling / alcohol / drug abuse problems, as likely to adversely affect the licensing objectives set out by the Gambling Commission. This is also relevant regarding the proximity to schools, colleges and universities. • A detailed local risk assessment at each gambling venue – pertinent to the environment immediately surrounding the premises as well as the wider local area – is a good way to gauge whether the operator and staff teams are fully aware of the challenges present in the local area and can help reassure the Local Licensing Authority that appropriate mitigations are in place. • Does the operator have a specific training programme for staff to ensure that they are able to identify children and other vulnerable people, and take appropriate action to ensure they are not able to access the premises or are supported appropriately? • Does the operator ensure that there is an adequate number of staff and managers are on the premises at key points throughout the day? This may be particularly relevant for premises situated nearby schools / colleges / universities, and/or pubs, bars and clubs. • Consider whether the layout, lighting and fitting out of the premises have been designed so as not to attract children and other vulnerable persons who might be harmed or exploited by gambling. • Consider whether any promotional material associated with the premises could encourage the use of the premises by children or young people if they are not legally allowed to do so. We would suggest that the Local Licensing Authority primarily consider applications from GamCare Certified operators . GamCare Certification is a voluntary process comprising an independent audit assessment of an operator’s player protection measures and social responsibility standards, policy and practice. Standards are measured in accordance with

Page 155 of 194 the GamCare Player Protection Code of Practice. If you would like more information on how our audit can support Local Licensing Authorities, please contact [email protected] For more information on GamCare training and other services available to local authorities, as well as recommended training for gambling operators, please see the attached brochures. For more information on our youth outreach programme , soon to expand to Hull, please contact [email protected]

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Report to the LICENSING COMMITTEE Wards All 8 October 2018 Ref: LAP/18/095

Licensing Act 2003 – Request for Cumulative Impact Assessment

Report of the Corporate Director of Public Health and Adult Services

1. Purpose of the Report and Summary

1.1 To consider a request from Humberside Police, asking the Council to publish a Cumulative Impact Assessment (CIA) for the area bordered on and between Springbank, Princes Avenue, Newland Avenue, Cottingham Road and Beverley Road.

2. Recommendations

2.1 That the request from Humberside Police for a CIA, attached to this report, be accepted and be recommended to Council for formal adoption within the Council’s Licensing Policy.

3. Background

3.2 Section 5 of the Licensing Act 2003, as amended by the Police Reform and Social Responsibility Act 2011, requires the licensing authority to publish a licensing policy. The Policy seeks to provide guidance on the general approach that the Council will take in terms of determining licences and notifications under the Licensing Act 2003.

3.3 On 6 April 2018 amendments to the Licensing Act, brought about under the provisions of the Policing and Crime Act 2017, came into force introducing Cumulative Impact Assessments, giving the consideration of cumulative impact a statutory footing.

Page 157 of 194 2 3.4 Cumulative Impact relates to areas where there is evidence that the number, type or density of premises is causing problems of public nuisance and/or crime and disorder.

3.5 While the evidence underpinning a CIA should generally be suitable as the basis of a decision to refuse an application or impose conditions, where relevant representations are received, it does not change the fundamental way that decisions are made under the Licensing Act 2003.

3.6 If the applicant can demonstrate in their operating schedule and evidence that there will be no negative cumulative impact on one or more of the licensing objectives, or if no representations are received, the application will be granted regardless of the CIA.

3.7 In light of the amendments to the 2003 Act, any request for a CIA, should undergo a consultation process, as specified in section 5(3) of the Act, and any responses considers prior to a decision on whether there is a need to publish a CIA. This decision will be made by Council and, if introduced, the CIA will be included in the Council’s Licensing Policy.

4. Issues for Consideration

4.1 In June 2018 a request was made by Humberside Police for the Council to consider publishing a Cumulative Impact Assessment within its Licensing Policy for the area bordered on and between Springbank, Princes Avenue, Newland Avenue, Cottingham Road and Beverley Road following concerns about crime and disorder and public nuisance. A map showing the proposed area is included within the police request.

4.2 The police have requested that the CIA relates to all off licences and to takeaways that sell alcohol

4.3 If a CIA is to be published, as requested, the Council must be satisfied that the types of premises in the area described in the assessment are such that it is likely that it would be inconsistent with the authority’s duty to promote the licensing objectives to grant any new or vary any existing relevant authorisations, i.e. off licences and takeaways that sell alcohol within the area indicated in the police request. The evidence for this is set out in the police Impact Analysis which is included in the Committee Papers.

4.4 Existing licensed premises will continue to trade unaffected by the publication of the Cumulative Impact Assessment unless a relevant premises licence holder seeks to vary their licence in a manner that would cause negative cumulative impact.

4.5 The Policy has been subject to a 12 week consultation consultation which ended on 14 September 2018. Details of the responses received are included in the Committee Papers.

Page 158 of 194 3 5. Options and Risk Assessment

5.1 The options available to committee are: a) To accept and recommend the Cumulative Impact Assessment, as requested, be included within the Council’s Licensing Policy under the licensing Act 2003. b) To amend the request and recommend it be included within the Council’s Licensing Policy, as amended. c) To recommend that the Cumulative Impact Assessment is not included in the Council’s Licensing Policy.

6. Consultation

6.1 In accordance with the provisions of the Licensing act 2003, a consultation took place, between 25 June 2018 and 14 September 2018, with persons specified in Section 5(3) of the Licensing Act 2003 and persons likely to be affected by the introduction of the CIA. Details of the responses to the consultation are included in the Committee Papers.

7. Monitoring Officer Assurance Statement

7.1 Any decision to publish a CIA must be evidence based and any CIA published may be in respect of all or any combination of types of premises licences within a given area. Such a CIA does not affect the way in which subsequent decisions on grant or variation applications are made and does not raise any presumption against such grant. The evidential basis for the decision must be set out in the published summary of the CIA within the Council’s Statement of Licencing Policy. The request for a CIA and, if one is made any subsequent grant or variation decision, must continue to be considered and made on its own facts and merits.

The Monitoring Officer is satisfied that the contents of this report are compliant with all relevant legislation.

8. Section 151 Officer Assurance Statement

8.1 The section 151 officer notes the report and has no further comments

9. Comments of the Head of Human Resources

9.1 There are no Council staffing or wider human resources implications identified in the report

10 Comments of Overview and Scrutiny

10.1 Scrutiny comments are not required for this report.

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11. Conclusions

11.1 Humberside Police have requested that the Council publish a Cumulative Impact Assessment (CIA) for the area bordered on and between Springbank, Princes Avenue, Newland Avenue, Cottingham Road and Beverley Road.

11.2 Members are asked to accept and recommend to Council that the Cumulative Impact Assessment, as requested, be included within the Council’s Licensing Policy under the Licensing Act 2003. .

Julia Weldon Corporate Director of Public Health and Adult Services

Contact Officer : K Fenner Telephone No. : 5506

Officer Interests: None

Background Documents: -

(i) Humberside Police CIA Impact Analysis (ii) CIA Consultation Responses

Page 160 of 194 CIA Consultation Responses

Response 1 I write following the request by Humberside Police in respect of a Cumulative Impact Assessment. Following review of the evidence provided by the Police in their ‘Cumulative Impact Consultation Analysis in Support of Application For A Cumulative Impact Assessment Report’ dated June 2018, I make the following comments for your consideration:

• In the Police Report, page 9 states that crime and disorder in the proposed area for Cumulative Impact is now lower than previous years, and that this “is in part due to the restriction on alcohol sales within the area and an increased Police presence” – the crime and order statistics are lower than previous years and the trend is a reduction in crime and disorder in this area. There is an argument that the existing procedures, measures and policies in place both from the Local Authority and Police perspective are working and are sufficient. Considering this, you may wish to consider whether a restrictive Cumulative Impact Policy is therefore appropriate at this stage and whether the Local Authority can confidently state that any further licences / material variations would be inconsistent with the Authority’s duty to promote the Licensing Objectives in that particular area, based on the evidence provided by the Police.

• Pages 17 and 18 in relation to crime and disorder in the area, show a reduction in crime and disorder in the last year compared to the previous year and relates back to my previous point above.

• Page 15 of the Police Assessment Report refers to health concerns and the very vulnerable of society buying and consuming fake cigarettes due to the price the licensed premises are illegally selling them for. It is indicated that this occurs in both licensed and non-licensed premises, and on this basis it is unclear how this particular aspect of the information is specifically relevant to licensed premises and in turn a relevant Cumulative Impact Policy with regards to those licensed premises.

• On page 16 in relation to the statistics on premises licence Reviews within the proposed area, I note that a number of these date back more than two or even three years, and therefore the relevance of the statistics taking this point into consideration should be given the appropriate weight, or lack thereof. Also considering the Police concerns as to issues in the area, the lack of fully utilising the Review process for perceived problematic licensed premises in the area (particularly) n the last three years) is apparent. Better use of the Review mechanism should be further considered as whether this sis suitable alternative to any implementation of a Cumulative Impact Assessment Policy.

• I trust that if the Local Authority are of the opinion that a Cumulative Impact Assessment and Policy is required for the area in question, an appropriate consultation will take place with individuals and organisations listed as per Section 5(3) of the Licensing Act 2003, for their views and opinions.

• The Police analysis and concerns relate primarily to premises with off-sale permissions only (rather than premises with on-sale licences such as bars, restaurants and night clubs) and therefore as per the provisions of the 2003 Act and the Section 182 guidance, it would be appropriate for the Licensing Authority to ensure any Cumulative Impact Assessment (and any applicable policy) is narrowed down solely off-licences.

Page 161 of 194 I would be grateful if the above comments and suggestions could be taken into consideration by the Council on reviewing Humberside Police request.

Response 2 I fully support the Liberal Democrats in their campaign to restrict and limit further applications for licensed premises on Newland Avenue, Hull, HU5.

I bought my house in this area in late 2003, when it was largely a residential and daytime shopping area. Since then the neighbourhood has changed beyond all recognition. It has now become - along with some venues on Princes Avenue - the late night drinking area of Hull, with some premises having been granted licences to stay open until 1, 2 and even 3 a.m. The noise levels, the mess on the street (particularly after a special night, such as New Year's Eve), the damage to property/cars and so on and the general drunken behaviour are appalling and I would like to see a reduction in these problems rather than an increase.

This has gone too far already. Please take steps to stop the selling of alcohol in any further premises.

Response 3 Re: Cumulative Impact Assessment - Newland Avenue.

We understand that Hull City Council is supporting the police bid to cut down on the number of outlets selling alcohol in the Newland area.

As long-standing residents of the area, we would also support the rejection of further licence applications, as we feel that the area is saturated with eating and drinking establishments as it is, to the detriment of other businesses and loss of facilities on the Avenue.

With many of the existing establishments open until the early hours of the morning, there are many instances of public nuisance directly linked to alcohol consumption - late night noise, vandalism, the streets and passageways being used as urinals, pools of vomit on the footpaths, overturning of wheelie-bins, quite a considerable list of anti-social behaviour to the detriment of residents.

Any increase in outlets will only make the problem worse, especially those which sell alcohol during the daytime, and by the individual can or bottle, which will fuel the increase in beggars being attracted to the area.

We have lodged objections to applications in the past, and sometimes these applications have been refused by Hull City Council, but they have invariably been granted on appeal (to inspectors who do not even live in the area - Bristol I believe!) so we no longer bother.

It would certainly be an improvement if these matters could be determined locally, by the people who live in the area, so we would support the idea of the police being able to reject any future licence applications.

Response 4 Cumulative Impact Assessments

I would like to offer the following comments regarding the above.

I have lived on Westbourne Avenue since 1983. During that time I have seen many changes to the area around the Chanterlands Avenue end of the Avenues Conservation Area. By far

Page 162 of 194 the biggest change I have witnessed is the increase in outlets selling alcohol and take-away food.

This has led to an increase in noise well into the night and early hours. This is not a nightly occurrence but it is still annoying for residents when it does occur.

By far the biggest inconvenience however is the increase in litter i.e. Take-away food packaging and alcohol cans and bottles bought on Chanterlands Avenue, then consumed in cars parked on the avenues and dumped on the grass verges. Fortunately the residents in the area where I live care about their neighbourhood and pick the rubbish up every day.

This may seem like a trivial issue when viewed alongside the problems of anti-social behaviour experienced by residents in the Princess Avenue area but for us it is an annoying issue.

The conservation area would be blighted by litter dumped by litter louts were it not for the diligence of the residents. This situation would be exacerbated if more outlets for the sale of alcohol and take-away food were opened.

I would urge the council to severely restrict the opening of more of these outlets.

Response 5 Cumulative Impact Consultation dated June 18

We at the Newland Residents' Association fully support this application by Humberside Police - 15 years too late but better late than never! ------

Response 6 Sir in response to a letter i received i would like to put forward our reasons, for applying to you to stop further alcohol licences being issued for the Newland Avenue and surrounding areas.

!/ Since the City of Culture was given to Hull, we are bombarded with all alcoholics and drug users, Due to Councils policy of removing from city centre. which is fuelling drunk and lewd behaviour, begging, fighting, urinating in public view

2/ the area is over-run with students who have no regard for others living in this area, by there drunken routines, of fighting, kicking bins over, and the shouting and swearing nightly, as they head home usually up to 6.00 a.m in a morning.

3 Cafe`s and restaurants allowing customers to sit and drink on public footpaths is also a nuisance as this leads to arguments and rubbish being thrown everywhere.

It is time that all relevant parties, started to clear this problem up and restrict hours alcohol can be sold in area, as to night club it needs to have a 1.00 a.m. cut off so students and others are home at reasonable hours, giving residents a more peaceful life. as to restaurants and shops having licences this needs looking into, as if this system carries on there will be nothing left for residents, and it will turn into student area and dumping ground for any H.C.C do not want in city centre.

Reduce the temptation and crime and other offences will drop.

Page 163 of 194 Response 7 I am asked to respond on behalf of APPRA ( Avenues and Pearson Park Residents’ Association) to request a Cumulative Impact Assessment for our area; we used to be able to oppose the local proliferation of licensed premises on grounds of saturation, and welcome a new way of monitoring and controlling them.

The APPRA committee would like to see corner shops which are licensed to sell alcohol included in the Impact Assessment, please – perhaps they are already on your list?

Response 8 Both my husband and I wholeheartedly support the Cumulative Impact Zone application.

We live in the Avenues area and carry out our daily lives in the area of concern – Spring Bank, Princes Avenue, Newland Avenue, Cottingham Road and Beverley Road – and feel that the area is already at saturation point as regards licensed premises.

We are well aware of the alcohol related public nuisance, crime and disorder that occurs on a regular basis throughout this specific area.

We have been the subjects of unprovoked drunken abuse on more than one occasion – both times in the middle of the afternoon – and have witnessed an assortment of alcohol fueled acts of vandalism and the now all too familiar acts of drunken men treating the street as a toilet.

The Police, and the Community Police do a tough job trying to sort this out, and their consultation document shows how they have do it on ever decreasing budgets.

The very least that a responsible local authority could do would be to support this application, and demonstrate genuine care for the people who live and work in the area, and for the City of Hull itself.

Submission for the CIA consultation from Cllrs Paul Drake-Davis, Dave McCobb and Mike Ross

We are writing in support of the application for a Cumulative Impact Assessment. We believe it is right to have a CIA in the area outlined by the Police in their document dated 1 st June 2018.

As local councillors for the area, we are well aware of the issues and problems affecting the area, many of which are linked to the large number of premises selling alcohol and the easy availability of drink. This includes street drinking and the associated mess and anti-social behaviour. We agree that there should be a policy in place that would limit the number of new premises in the area outlined.

We concur with the statement in the consultation document that, “where the number, type or density of premises selling alcohol is high or exceptional, serious problems of nuisance and disorder may arise or have begun to arise outside or some distance from those premises. Such problems generally occur as a result of large numbers of drinkers being concentrated in an area”

It also notes, “Additionally if there is a high concentration of premises making OFF sales of alcohol it can lead to an increase in consumption in a public place, or ‘street drinking’. This can result in associated problems such as creating an atmosphere of fear and intimidation to local

Page 164 of 194 residents through drunkenness in the street, anti-social behaviour and various forms of crime and disorder.”

These issues are both extremely evident in the Beverley Road area. Street drinking is a regular occurrence. This is putting extra strain on public bodies, such as the police and council, as additional resources are being used to deal with the issue. The council, as an example, are having to invest additional resources into street cleaning. There is also extra police presence in the area to deal with problem street drinkers.

There are also concerns for residents and traders in the vicinity. In a recent survey carried out of residents in the HU5 area, over 98% of respondents believe there is a problem with street drinking. There are concerns from feeling intimidated by large groups, to the actions of the street drinkers (using the area as a public toilet), to disquiet about the litter and empty cans or sunflower seeds left behind. There is also an associated issue of anti-social behaviour and noise, as people gather through unsocial hours of the day for the street drinking.

In my view, and that of my ward colleagues, the presence of so much alcohol for sale through off licenses already contravenes 3 of the 4 licensing objectives and more premises would contribute further to that problem. There is a clear correlation between its ease of availability and the significant problems with street drinking. This and the associated litter are clearly issues of disorder, public nuisance and an issue of public safety.

As a result of this, it is not appropriate for further premises to be allowed to sell alcohol in the area. We therefore support the call for a new policy as described. ------

Page 165 of 194

Page 166 of 194 Cumulative Impact Zone - Consultation

CUMULATIVE IMPACT CONSULTATION

IMPACT ANALYSIS IN SUPPORT OF APPLICATION FOR A CUMULATIVE IMPACT ASSESSMENT.

June 2018

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Contents 1. BACKGROUND ...... 3 2. STRUCTURE OF THIS DOCUMENT ...... 4 3. HULL ALCOHOL STRATEGY 2016-20 ...... 4 4. SELECTION OF THE PROPOSED CUMULATIVE IMPACT ASSESSMENT ...... 6 5. CUMULATIVE IMPACT ASSESSMENT ...... 7 5.1 Licensed Premises in the Proposed Area ...... 8 5.2 Reported Incidents ...... 8 5.3 ASB ...... 13 5.4 Crime and Disorder ...... 17 6. CONSULTATION EXERCISES ...... 18 7. SUMMARY ...... 21

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1. BACKGROUND This document outlines briefly what objectives are set out in the The Licensing Act 2003 and what constitutes a Cumulative Impact Assessment (CIA). The document then provides evidence of the need for a CIA to help control the amount of crime and disorder experienced in a specific area of Kingston upon Hull.

The Licensing Act 2003 establishes a single integrated scheme for licensing premises which are used for the sale or supply of alcohol to provide regulated entertainment, or to provide late night refreshment. Permission to carry on some or all of these licensable activities is contained in a single licence.

The Act sets out four licensing objectives which must be taken into account when a local authority carries out its functions. They are: • The Prevention of Crime and Disorder • Public Safety • Prevention of Public Nuisance • The Protection of Children from Harm

‘Cumulative Impact Assessments’ were introduced into the 2003 Act by the Policing and Crime Act 2017. A CIA may be published by a licensing authority to help it to limit the number or types of licence applications granted in areas where there is evidence to show that the number or density of licensed premises in the area concerned is having a cumulative impact and leading to problems which are undermining the licensing objectives. CIAs relate to applications for new premises licences and club premises certificates and applications to vary existing premises licences and club premises certificates in a specified area

In some areas, where the number, type or density of premises selling alcohol is high or exceptional, serious problems of nuisance and disorder may arise or have begun to arise outside or some distance from those premises. Such problems generally occur as a result of large numbers of drinkers being concentrated in an area, for example when leaving premises at peak times or when queuing at fast food outlets or for public transport.

Additionally if there is a high concentration of premises making OFF sales of alcohol it can lead to an increase in consumption in a public place, or ‘street drinking’. This can result in associated problems such as creating an atmosphere of fear and intimidation to local residents through drunkenness in the street, anti-social behaviour and various forms of crime and disorder. In these areas adoption of a Special Policy to prevent further escalation of problems in the form of one or more CIAs is worthy of consideration.

While the evidence underpinning a Cumulative Impact Assessment should generally be suitable as the basis of a decision to refuse an application or impose conditions, where relevant representations are received, it does not change the fundamental way that decisions are made under the Licensing Act 2003. If the applicant can demonstrate in their operating schedule and evidence that there will be no negative cumulative impact on one or more of the licensing objectives, or if no representations are received, the application will be granted regardless of the Cumulative Impact Assessment. Existing licensed premises will continue to trade unaffected by the publication of the Cumulative Impact Assessment unless a premises licence holder seeks to vary their licence in a manner that would cause negative cumulative impact.

Humberside Police are therefore requesting that consideration be given by Kingston upon Hull City Council to publish a Cumulative Impact Assessment (CIA) to cover the proposed area listed within the application. Section 5A of the 2003 Act sets out what a licensing authority needs to do in order to publish a CIA and review it, including the requirement to consult with the persons listed in

Page 3 of 22 Page 169 of 194 Cumulative Impact Zone - Consultation

section 5(3) of the 2003 Act. This document provides information relevant to this consultation process.

2. STRUCTURE OF THIS DOCUMENT The document is divided into four sections as follows:

• Main aims of the Hull Alcohol Strategy. • The identification of the proposed Cumulative Impact Assessment (CIA) and the background as to why it has been selected. • Detailed breakdown of crime and disorder for the proposed area. • Results of recent consultation exercises relevant to the introduction of a Cumulative Impact Assessment.

3. HULL ALCOHOL STRATEGY 2016-20 The current Hull City Council Alcohol Strategy published with the Hull Clinical Commissioning Group which came into force in 2016 recognises that ‘ 61,600 people in the city drink too much with 7,700 of these being at dangerous levels’.

Alcohol contributes significantly to health and social problems with negative impacts being felt by individuals, families and communities.

The strategy tells us: ‘It was estimated that in 2014, 26% of Hull residents never drink alcohol (53,100 people aged 16+) and a further 45% drink at an acceptable level and do not binge drink weekly. However, 30% (61,600 people) drink too much alcohol and/or binge drink weekly.

The area identified for the proposed CIA, is shown in the Hull Alcohol Strategy 2016-20 to have the highest percentage or have the highest number of people who drink too much and/or binge drink.

Table of data highlighted within the Alcohol Strategy Document

Alcohol specific hospital admissions for under 18s have reduced by 50% in Hull over the last 6 years, the latest rate though is still 27% higher than England. Every year in Hull amongst adults there are around 2,100 hospital admissions where the primary diagnosis of the admission is attributable to alcohol or where a secondary diagnosis is an external cause (such as road traffic accidents, falls, self-harm, poisoning) attributable to alcohol. This has increased by around 10% over the last 6 years and the admission rate is 43% higher than England. Al cohol Specific mortality was 21% higher than in England. On average 16.1 months of life is lost for men in Hull (12 months in England) and 6.9 months of life lost for Hull women (5.6 months for England.

It also acknowledged that alcohol misuse in Hull costs a total of £79.98m to deal with each year (£23.11m to the NHS and £51.87m for crime and licensing). It highlights that there are 684 licensed premises in Hull of which 256 (37%) are off licences and the number of alcohol related crimes was 43% higher than the national average.

The Alcohol Strategies mission statement states. ‘ We will work together to provide strategic vision and leadership in the drive to prevent and reduce alcohol-related harm’ and clearly sets out what it intends to achieve.

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In order to achieve the aims of the Alcohol Strategy we need to:

• Address the needs of those most at risk who utilise health and other services most frequently • Promote balanced and sensible drinking • Tackle street drinking • Tackle sales of high strength alcohol • Address problems associated with local supermarkets selling cheap drink 24 hours a day/stop shops selling cheap alcohol.

In order to reach these aims it sets out three priority areas for action locally:

1. The prevention, education and promoting a responsible drinking culture Here the need to achieve a change in the drinking culture to reduce the acceptability of harmful drinking and reduce alcohol related harm is at the forefront of its ambitions. In order to achieve this it states that the local authority will, amongst other things focus their attention on those drinking harmfully in their homes or on the street.

The aim of the proposed CIA in relation to this priority is to reduce the amount of licenced premises, the selling of high strength alcohol and cheap alcohol being sold. This in turn would lead to the reduction of street drinking, ASB, Crime and Disorder and therefore meet priorities set within the Alcohol Strategy.

Areas within the proposed zone are known to have a high proportion of our vulnerable members of society, with hostels, student accommodation, multiple-occupancy dwellings, Mental Health facilities, Drugs and Alcohol Services and there is a high density of multi-cultural residential areas.

The graph below highlights reported incidents that have a Vulnerability indicator, the tracker shows how the trend has been increasing since April 2014, the trend line shows that this is likely to continue increasing.

[Vulnerability Indicators are: Vulnerable Child, Vulnerable Adult, Mental Health, Risk of Suicide/Self Harm, Alzheimer’s/Dementia, Honour Based, Child Sexual Exploitation, Vulnerable Victim of ASB]

2. Early Intervention, Treatment and Long-term Health This priority centres on the support mechanisms in place for people with alcohol problems and looks to alleviate the strains on the emergency services that it currently causes.

40% of the incidents reported to the Force are for Hull wards, for example Myton ward (parts of which fall within the proposed area) attracts 17% of the Force demand:

Page 5 of 22 Page 171 of 194 Cumulative Impact Zone - Consultation

• 11% of this demand is alcohol related. • 10% of this demand has a vulnerability indicator. • 7% of this demand is Domestic Abuse related.

3. Regulation, Crime Prevention and Community Safety This priority is specifically aimed to ensure that alcohol is sold and consumed responsibly. We need to ensure that residents and visitors are safe when visiting Kingston-Upon-Hull.

Focus is required in order to reduce alcohol-related anti-social behaviour and crime, whilst challenging inappropriate sales and drinking behaviours.

In achieving this it highlights the need to review the councils licensing policy for consistency with the strategy, and to identify areas of development to support its overall aims whilst reducing crime and incidents related to alcohol.

4. SELECTION OF THE PROPOSED CUMULATIVE IMPACT ASSESSMENT In Kingston upon Hull there is currently an area which has historically been associated with high levels of crime and disorder related to the consumption of alcohol.

The levels of crime and disorder in this area is constantly monitored. To try and reduce the impact on residents and visitors in this area, it has been highlighted as a specific area to consider directions under: • Section 27 of the Violent Crime Reduction Act 2006 • Authorisation under Section 34 of the Anti-Social Behaviour Crime and Policing Act 2017 Currently 50% of the proposed area is already been marked as an Alcohol Designation Zone by the council.

Un No Be E Hol Ne Bri Sout

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supplied by: GIS

The area highlighted falls within the boundary of the Designated Public Protection Order (DPPO) made by the Kingston upon Hull (Alcohol Consumption in Designated Public Places) Designation Order 2005. This has since been superseded by the Public Spaces Protection (Alcohol Consumption) Order 2016.

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The purpose of the introduction of the DPPO was in order to reduce the impact on residents of drinking alcohol in public places and it has been a long recognised problem within the boundary the cities boundary.

There is one proposed CIA which is the area bordered on and between: • Springbank • Princes Avenue • Newland Avenue • Cottingham Road • Beverley Road

This is a high density multi-cultural residential area that the population estimate made in 2015 showed Myton, Avenue and Newland Wards have a population in excess of 41,000 residents.

5. CUMULATIVE IMPACT ASSESSMENT For the Cumulative Impact Assessment the following information is provided:

• Map showing the boundary of the proposed area • The number of licensed premises in the proposed area • Crime and disorder statistics in the proposed are

CIA – Kingston upon Hull - Map of the Proposed Area

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5.1 Licensed Premises in the Proposed Area

Under Licensed Premises Total Consultation Licensed Premises 2 166 Of which are Off Licences 2 42 Of which sell alcohol after midnight 51 [Figures are taken from Licencing Hull City Council]

In Kingston upon Hull there are in total 684 premises licensed to sell alcohol. The table above shows that 24% of licensed premises are located within the proposed area.

5.2 Reported Incidents These are incidents that have been reported to the Force by members of the public or other organisations within the proposed area. Data being used is from April 2014 to April 2018 and covers reported incidents within the proposed area shown in the map above.

The proposed area touches on the following three wards:

Myton Avenue Newland

The table below shows the proportion of the reported incidents within the proposed area against Hull in total.

Year Area Total 14/15 15/16 16/17 17/18 Proposed Area Total 10,392 8,947 9,592 8,915 37,846 Hull Wards Total 96,231 85,699 96,269 89,388 367,587 Proposed Area % 10.8% 10.4% 10.0% 10.0% 10.3%

The following table show the top reported incidents that are alcohol related and make up part of the demand upon the Force within the proposed area.

Incident Type 14 / 15 15 / 16 16 / 17 17 / 18 Total ASB Nuisance 199 149 130 123 601 Violence/Assault 126 161 178 120 585 Concern For Safety 150 132 134 129 545 Domestic Incidents 116 113 117 44 390 Suspicious Circumstances 82 60 70 66 278 ASB - Personal 87 69 58 21 235 Road Related Offence 36 34 45 53 168 Crime Related Incident 39 42 43 27 151 Public Order Offences 39 21 20 24 104 Criminal Damage 14 17 22 16 69

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Incident Type 14 / 15 15 / 16 16 / 17 17 / 18 Total Rape 8 10 7 10 35 Robbery 6 12 8 7 33

We are seeing a reduction in alcohol related incidents since 2014/15, with incidents at their lowest amount since 2014, this is in part due to the restriction on Alcohol sales within this area and an increased Police presence.

The table below shows the top reported incidents within the area, it should be noted that police generated incidents and incidents relating to alarms have not been included.

Year Percentage Change % of 14/15 15/16 16/17 Final Incident Type Total Total 14 / 15 15 / 16 16 / 17 17 / 18 to to to Incs. 15/16 16/17 17/18 Suspicious Circumstances 1204 809 837 929 3779 10% -33% 3% 11% Concern For Safety 874 869 865 993 3601 10% -1% 0% 15% Domestic Incidents 571 549 595 535 2250 6% -4% 8% -10% Violence/Assault 469 487 638 556 2150 6% 4% 31% -13% ASB - Nuisance 491 415 434 513 1853 5% -15% 5% 18% Wanted Persons/Police/Court Orders/Bail 345 295 320 282 1242 3% -14% 8% -12% Absconders, AWOL, ASB - Personal 395 285 262 236 1178 3% -28% -8% -10% Road Related Offence 301 272 322 389 1284 3% -10% 18% 21% Theft - Other (Includes Shop Lifter/Theft) 333 260 237 241 1071 3% -22% -9% 2% Burglary - Residential 262 271 227 256 1016 3% 3% -16% 13% Crime Related Incident 292 232 256 173 953 2% -21% 10% -32% RTC Damage 155 184 218 213 770 2% 19% 18% -2% Criminal Damage 167 181 213 190 751 2% 8% 18% -11% Missing Person 106 103 188 207 604 2% -3% 83% 10% Civil Disputes 138 109 102 78 427 1% -21% -6% -24% Public Order Offences 138 63 101 120 422 1% -54% 60% 19% Drugs 120 97 66 60 343 1% -19% -32% -9% Harassment 50 96 84 86 316 1% 92% -13% 2% RTC Death Or Injury, All Injuries Serious Or Slight 65 63 81 102 311 1% -3% 29% 26% Crime - Other Offences Not Listed 31 59 95 81 266 1% 90% 61% -15% Robbery 42 68 74 72 256 1% 62% 9% -3% Other Sexual Offences 32 60 76 80 248 1% 88% 27% 5% Threats To Kill/Commit Damage 31 71 59 77 238 1% 129% -17% 31% Theft Of Motor Vehicle 48 57 61 68 234 1% 19% 7% 11% Theft From Motor Vehicle 62 43 64 42 211 1% -31% 49% -34% Burglary - Business & Community 67 57 40 61 225 1% -15% -30% 53% Highway Disruption 58 35 49 69 211 1% -40% 40% 41% Animals/Wildlife, All Animal Related Incidents 64 33 27 22 146 0% -48% -18% -19% Burglary - Other (No Longer in Use) 58 44 32 0 134 0% -24% -27% -100% Rape 23 37 37 46 143 0% 61% 0% 24% Sudden Death 34 34 47 33 148 0% 0% 38% -30% Fraud And Forgery 20 41 34 28 123 0% 105% -17% -18% Hoax Calls 40 21 15 24 100 0% -48% -29% 60% ASB - Environmental 37 8 19 33 97 0% -78% 138% 74% Arson 17 21 21 21 80 0% 24% 0% 0% Vehicular Interference 19 16 14 7 56 0% -16% -13% -50% Firearms - Not Notifiable Crime Incidents 7 3 22 33 65 0% -57% 633% 50% MOWP 11 7 17 11 46 0% -36% 143% -35% Suspicious Package/Object 5 6 9 12 32 0% 20% 50% 33% Immigration - Which Falls Short Of A Notifiable Crime 6 9 5 3 23 0% 50% -44% -40% Firearms Incident 7 4 6 3 20 0% -43% 50% -50%

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Year Percentage Change % of 14/15 15/16 16/17 Final Incident Type Total Total 14 / 15 15 / 16 16 / 17 17 / 18 to to to Incs. 15/16 16/17 17/18 Pre-Planned Events 2 4 7 6 19 0% 100% 75% -14% Witness Intimidation 1 6 6 2 15 0% 500% 0% -67% Licensing 6 4 2 1 13 0% -33% -50% -50% Kidnapping 2 3 2 2 9 0% 50% -33% 0% Industrial - Incident/Accident 2 4 1 1 8 0% 100% -75% 0% Road Traffic Collision 1 3 4 0% 200% Bomb Threat/Terrorism 1 1 1 0 3 0% 0% 0% -100% Protest/Demonstration 1 1 2 0% 0%

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Repeat Locations The table below shows the reported incidents within the proposed area where the location is classified as a Licensed Premise, these premises account for approximately 16% of the demand within the area.

14 / 15 / 16 / 17 / Grand Location 15 16 17 18 Total THE WELLINGTON CLUB, 105-107, BEVERLEY ROAD, HULL 97 60 79 39 275 ASDA STORES LTD, 165-173, BEVERLEY ROAD, HULL 110 50 41 41 242 LIDL UK LTD, 23, COTTINGHAM ROAD, HULL 55 47 52 43 197 TESCO EXPRESS, 255, BEVERLEY ROAD, HULL 31 23 43 37 134 J SAINSBURY PLC, 118-120, NEWLAND AVENUE, HULL 38 24 34 23 119 TOFTS LANE BAR PUBLIC HOUSE, 64-70, NEWLAND AVENUE, HULL 15 32 30 29 106 ALDI STORES LTD, 175-181, BEVERLEY ROAD, HULL 25 26 27 19 97 CAMPANILE HOTEL, 20, BEVERLEY ROAD, HULL 15 17 27 24 83 KFC, 177, BEVERLEY ROAD, HULL 21 20 22 19 82 CANNON JUNCTION, 366, BEVERLEY ROAD, HULL 28 14 9 9 60 HARRY PURSEY, 386, BEVERLEY ROAD, HULL (ZACHARIAH PEARSON) 24 13 14 6 57 PEARSONS BAR, 6A, PRINCES AVENUE, HULL 20 6 14 14 54 THE BOWERY, 30-32, PRINCES AVENUE, HULL 8 8 12 23 51 GARDENERS ARMS, 35, COTTINGHAM ROAD, HULL 16 12 11 9 48 PIZZA HOT, 100, NEWLAND AVENUE, HULL 7 9 10 16 42 BANKS HARBOUR, 99-103, BEVERLEY ROAD, HULL 9 11 15 6 41 FRANCESCA'S CUCINA ITALIANA RESTAURANT, 273-277, BEVERLEY ROAD, HULL 6 8 9 7 30 STATION INN, 202, BEVERLEY ROAD, HULL 11 6 5 7 29 J SAINSBURY PLC, 81-85, PRINCES AVENUE, HULL 27 27

RINGSIDE PUBLIC HOUSE, RINGSIDE, 147, BEVERLEY ROAD, HULL 5 8 5 6 24 J SAINSBURY PLC, 129, SPRING BANK, HULL 24 24

PAVE, 18, PRINCES AVENUE, HULL 7 6 5 3 21 O'RILEYS CLUB, 83, BEVERLEY ROAD, HULL 4 7 4 3 18 THE BULL, 246, BEVERLEY ROAD, HULL 5 9 2 2 18 PIZZA KING, 359B BEVERLEY ROAD, HULL 7 4 3 3 17 THE GRAFTON HOTEL, 114-116, GRAFTON STREET, HULL 5 2 6 2 15 JSK MINI MART, 62, PRINCES AVENUE, HULL 3 7 2 3 15 STOKROTKA POLISH SUPERMARKET, 224, BEVERLEY ROAD, HULL 5 3 3 4 15 TESCO EXPRESS, 245, NEWLAND AVENUE, HULL 15 15

SANGHA NEWS & OFF LICENCE, 215 BEVERLEY ROAD, HULL 6 4 3 1 14 LEVEL CAFÉ BAR & GRILL, 160 NEWLAND AVENUE, HULL 1 2 5 5 13 DOMINOS PIZZA, UNIT 1, NEWLAND HOUSE, 439, BEVERLEY ROAD, HULL 3 1 6 2 12 LUCCA BAR, 84, PRINCES AVENUE, HULL 4 3 5 12

273-277, BEVERLEY ROAD (WAS THE DORCHESTER HOTEL) 7 4 11

AL PACINO PIZZA, 126, BEVERLEY ROAD, HULL 4 2 4 1 11 NISA LOCAL, 316, BEVERLEY ROAD, HULL 6 3 2 11

ROOTS BAR, 206, NEWLAND AVENUE, HULL 2 3 5 1 11 LARINO'S, 62, BEVERLEY ROAD, HULL 1 2 1 6 10 LOUNGE CAFÉ BAR, 26-28, PRINCES AVENUE, HULL 4 4 2 10

DUKES CAFE BAR, 44-46, PRINCES AVENUE, HULL 2 5 3 10

SQUARE PAN PIZZA, 210-212, SPRING BANK, HULL 2 3 4 9

PIZZA BY PAPA, 214, NEWLAND AVENUE, HULL 1 1 2 5 9

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14 / 15 / 16 / 17 / Grand Location 15 16 17 18 Total BOMBAY EXPRESS, 148, BEVERLEY ROAD, HULL (WAS THE SWAN) 1 3 4 1 9 STRAND OFF LICENCE, 66A-70 BEVERLEY ROAD, HULL 4 1 1 3 9 GARBUTTS BAR, 50-54, PRINCES AVENUE, HULL 5 1 2 1 9 SUBWAY, 126, NEWLAND AVENUE, HULL 2 2 5 9

BARGAIN BEERS, 114, NEWLAND AVENUE, HULL 1 3 3 1 8 FLORINS, 38, PRINCES AVENUE, HULL 1 5 2 8

THE POLAR BEAR, 229, SPRING BANK, HULL 8 8

FALCON KEBABS, 410, BEVERLEY ROAD, HULL 3 4 1 8

MASONIC HALL, 69, BEVERLEY ROAD, HULL 1 1 6 8

TESCO EXPRESS, SPRING BANK, HULL 8 8

JET GARAGE, 351, BEVERLEY ROAD, HULL (MRH MAYFAIR) 3 3 2 8

CHINA HOT, 328, BEVERLEY ROAD, HULL 3 4 1 8

K D BURGERS, 106, SPRING BANK, HULL 1 2 4 1 8 DI ROMA, 426, BEVERLEY ROAD, HULL 3 4 7

KUTHINA , 226, BEVERLEY ROAD, HULL 1 3 3 7

MEZE BAR AND GRILL, 31, COTTINGHAM ROAD, HULL 5 2 7

KINGSTON SOCIAL CLUB, 129-133, BEVERLEY ROAD, HULL 3 2 2 7

AUNT BIBBYS SMOKEHOUSE AND SALOON, 12A, PRINCES AVENUE, HULL 5 1 1 7

FIESTA KITCHEN, 233, BEVERLEY ROAD, HULL 3 3 1 7

THE NEW ADELPHI CLUB, 89, DE GREY STREET, HULL 1 3 1 2 7 BOLZANO, 239, BEVERLEY ROAD, HULL 2 3 2 7

LARKINS BAR, 50, NEWLAND AVENUE, HULL 1 2 2 1 6 ORIENTAL PALACE, 439, BEVERLEY ROAD, HULL 3 1 2 6

MURCO, COSTCUTTER EXPRESS, PRINCES AVENUE, HULL 3 1 1 5

PICKWICK PAPERS, 60A, BEVERLEY ROAD, HULL 1 4 5

UNION MASHUP, 22, PRINCES AVENUE, HULL 1 3 1 5

HARRY PURSEY, 386, BEVERLEY ROAD, HULL 1 1 1 2 5 HARRINGTONS, 158, NEWLAND AVENUE, HULL (XANDERS) 2 1 1 4

L'ANIMA, 213, BEVERLEY ROAD, HULL 4 4

DA GIANNI, 48, PRINCES AVENUE, HULL 2 1 1 4

A&D MARKET, 406-408 BEVERLEY ROAD, HULL 1 1 2 4

PEPPINOS PIZZA, 402, BEVERLEY ROAD, HULL 1 1 1 1 4 MARRAKECH RESTAURANT, 58, PRINCES AVENUE, HULL 1 1 1 3

BOTANIC HOTEL, 231, SPRING BANK, HULL 3 3

LX CHARCOAL & GILL, 48, SPRING BANK, HULL 1 2 3

UNO'S TRATTORIA E PIZZERIA, 74, PRINCES AVENUE, HULL 1 2 3

MAJESTIC TAKEAWAY, 71, NEWLAND AVENUE, HULL 3 3

NINNSI CHINESE SUPERMARKET, 439, BEVERLEY ROAD, HULL 3 3

NEWLAND NEWS, 2 NEWLAND AVENUE, HULL 3 3

QUEENS HOTEL, QUEENS ROAD, HULL 3 3

BAIT, 13-15, PRINCES AVENUE, HULL 3 3

ONE SHOP, 329, BEVERLEY ROAD, HULL 2 2

BALTIJA, 145, BEVERLEY ROAD, HULL 2 2

HARRY PURSEY, 386, BEVERLEY ROAD, HULL (HOLLYWOOD AND VINE) 2 2

ST. VINCENTS SOCIAL CLUB, 32, QUEENS ROAD, HULL 1 1 2

ABC LOCAL, 84-86, SPRING BANK, HULL 1 1 2

LENA'S CAFE BAR, 243, BEVERLEY ROAD, HULL 1 1 2

YOUNGERS CAFÉ, 64, BEVERLEY ROAD, HULL (CHAR GRILL) 1 1 2

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14 / 15 / 16 / 17 / Grand Location 15 16 17 18 Total THE BOATHOUSE, 185, NEWLAND AVENUE, HULL 2 2

MANZIL BALTI RESTAURANT (RAYS PLACE), 97, PRINCES AVENUE, HULL 1 1

PAPAS PIZZA, 55, PRINCES AVENUE, HULL 1 1

MONICA SNOOKER & BILLIARD CLUB, 99, ALEXANDRA ROAD, HULL 1 1

KHAN PIZZA, 67, PRINCES AVENUE, HULL 1 1

GUSTO DI GIANNI, 26, NEWLAND AVENUE, HULL 1 1

THE FISH AND CHIP KITCHEN, 78, PRINCES AVENUE, HULL 1 1

EU INTERNATIONAL, 390-392, BEVERLEY ROAD, HULL 1 1

THE LODGE BAR AND GRILL, 58-60, NEWLAND AVENUE, HULL 1 1

The graph below shows the year on year comparison for reported incidents within the area, this shows the improvement since 2014, with the year 2017/18 showing a consistent trend throughout the year. This also shows the seasonality with an increasing trend from February to July/August before decreasing.

5.3 ASB Hour Mon Tue Wed Thu Fri Sat Sun Total 07 144 105 96 110 111 106 110 782 08 159 159 148 153 141 126 138 1024 09 255 218 233 233 234 192 150 1515 10 280 279 265 259 285 223 200 1791 11 339 328 293 303 296 265 237 2061 12 371 321 302 297 323 278 282 2174 The Day/Hour profile shown in the table to 13 350 354 342 288 324 309 260 2227 14 349 341 336 335 330 317 285 2293 the side has been ‘hot-spotted’ to shows the 15 376 363 388 400 369 305 309 2510 day and hours that have the highest 16 345 334 354 358 378 272 257 2298 17 337 328 330 290 360 292 284 2221 demand upon the Police when incidents are 18 303 324 310 333 303 269 276 2118 reported. 19 314 322 316 305 285 293 302 2137 20 299 291 277 295 291 284 247 1984 21 282 257 264 276 335 354 258 2026 22 265 261 227 245 310 288 260 1856 23 205 169 183 207 270 308 203 1545 00 187 162 152 145 200 289 318 1453 01 142 146 120 150 174 255 307 1294 02 111 143 90 112 150 225 273 1104 03 95 108 76 71 147 144 244 885 04 74 73 76 93 78 114 173 681 05 69 51 48 69 64 85 100 486 06 107 62 66 92 98 110 92 627

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The table below gives a breakdown of reported incidents relating to ASB, these are incidents reported by members of the public to Humberside Police since April 2017 within the proposed area.

ASB INCIDENTS 2014/15 2015/16 2016/17 2017/18 Total Nuisance 649 549 613 656 2467 Personal 419 295 282 252 1248 Environmental 41 14 21 31 107 Total 1109 858 916 939 3822 ASB Incidents by following topics Litter / Rubbish 34 16 23 16 89 Urinating/defecating 28 8 27 21 84 Graffiti 4 4 Resident complaints 140 87 97 153 477 Fear and intimidation 24 23 25 27 99

Data has been collated since June 2017 of police patrols within the Spring Bank area and Beverley Road area, which is an ongoing piece of work due to the prolific street drinkers and alcohol seizures causing many residents and businesses harassment, alarm and distress, public nuisance and crime and disorder.

During this time there has been over 615 police entries of patrol in those areas and of those police patrols 151 have been alcohol related incidents which include street drinkers and seizure of alcohol as well as some drug related offences.

Over this period of time there has been 213 alcohol seizures, 69 stop checks, 5 arrests, 8 referrals, numerous section 35 warnings given. The total number of police hours equates to 1107 hours.

Section 35 Jan Feb Mar Apr May Jun Jul Notice YTD 27 33 22 9 6 49** [**49 issued so far – all part of Op Ignition] Data has been collated since January 2018 in the area and the City Centre. Since that time, 141 alcohol related incidents have been recorded.

In May 2018 4 days of action from Responsible Authority Groups were involved in a small part of the proposed area namely Beverley Road.

The results for that were 2 breaches of licensed premises, 33,260 of cigarettes seized and 6 kilos of hand rolled tobacco, in the first day of action alone. 19 vehicles were clamped and 7 removed for no vehicle excise licence. From the enforcement officer 1 ticket issued and several verbal warnings given. Over 50 hours of high visibility policing occurred which resulted in 10 tins of alcohol being seized from street drinkers displaying the potential for ASB.

Police street surgeries were completed over this period and the issues raised from the community were the continued rise in licence premises, general poor state of the area and fly tipping.

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The proposed area is no doubt seeing more businesses being granted an alcohol licence and this is seeing an increase in Crime and Disorder, Public Nuisance and Anti-Social Behaviour.

Map showing areas with high levels of ASB within the proposed area

There is now a continued growth of organised crime within the proposed area of illicit cigarettes. Police and other authorities are seeing the lengths business owners are going to in order to facilitate such crime. These are also occurring in non-licensed premises.

Some of the businesses have been subjected to reviews and had their alcohol licence revoked and new businesses obtaining a new alcohol licence police have objected against these due to the current issues and are in the proposed area, however these are still being granted by the local authority which in turn is saturating the area with businesses with an alcohol licence.

Local authority partners have also experience crime and disorder especially those premises being OFF sales involved in the organised crime of illicit cigarettes. These are predominantly dealt with by Trading Standards and HMRC. Police then submit reviews in relation to license premises and seek revocation from the local authority licensing committee.

There are health concerns and the very vulnerable of our society are buying and consuming these fake poisonous cigarettes due to how cheap the licensed premises are illegally selling them for. This occurs in both licensed and non-licensed premises.

When police or the local authority attend these premises there is a growing concern for their safety as groups start to congregate around the premises which intimidates the authorities carrying out their lawful duties. This an ongoing problem and concern experience by police and the local authority and has effects on other businesses and residents.

Objections

Data from the Objections within the proposed area. These objections resulted in conditions having to be added to applications, applications refused, applications granted and applications withdrawn by the applicants.

Licences Date of Address Reviewer Reason for Review Conclusion Premise Review Beverley Local 330 Beverley Road, Hull 15/04/2016 Police Conditions to be added Accepted (Cubano) Relax 25 Springbank, Hull 07/12/2011 Police DPS variations Withdrawn

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Spizarnia 129 Newland Avenue, Hull 07/06/2010 Police DPS variation whilst review in Conditions added progress Alma 184-188 Beverley Road, 16/08/2016 Police DPS Variation and Transfer Withdrawn by Delikatesy Hull applicant. Nasza 161 Springbank, Hull 19/07/2012 Police Transfer whilst review in Conditions added at Bierdronka progress. review. Zodiac 420 Beverley Road, Hull 11/10/2017 Police New Grant Withdrawn Zodiac 01/03/2018 Police New grant Granted at hearing Stokrotka 224 Beverley Road, Hull 18/06/2015 Police Counterfeit/Smuggled Withdrawn by cigarettes applicant.

Reviews

Data from the Reviews within the proposed area. Applications have been revoked, conditions added to the applications or the licence has been surrendered by the applicants. The percentage of premises Reviewed in the proposed area is 18.6%.

Licences Address Date of Reviewer Reason for Review Conclusion Premise Review San Remos 44 Cottingham 09/02/2018 Home Office Immigration offences. Road, Hull Wisla 412 Beverley Road, 10/02/2011 Trading Counterfeit/Smuggled cigarettes Withdrawn Hull Standards Wisla 412 Beverley Road, 30/08/2012 Police Counterfeit/Smuggled cigarettes Refused Hull Wisla 412 Beverley Road, 17/05/2013 Trading Counterfeit/Smuggled cigarettes Granted Hull Standards / Police One Shop 329 Beverley Road, 23/05/2018 Police Counterfeit/Smuggled cigarettes On going Hull Lucca 84 Princes Avenue, 27/04/2018 Police Immigration offences. Licence lapsed Restaurant Hull by default. Krasnal 178 Beverley Road, 23/07/2012 Police Counterfeit/Smuggled cigarettes Refused Hull Olivia 235 Beverley Road, 28/06/2011 Trading Counterfeit/Smuggled cigarettes Not Known hull Standards ABC 422 Beverley Road, 21/07/2011 Police Alcohol duty not paid Licence Hull surrendered pre hearing Relax 25 Springbank, Hull 07/01/2013 Police Serious disorder DPS removed licence suspended 3 months Relax 25 Springbank, Hull 03/02/2012 Environmental Withdrawn Protection T&J’s 428 Beverley Road, 07/08/2015 Police Alcohol duty not paid Licence Hull surrendered HCC then do not hold a hearing. Beverley Road 428 Beverley Road, 06/02/2018 Police Counterfeit/Smuggled cigarettes Licence Mini Market Hull surrendered Lowcost Point 25 Springbank, Hull 21/09/2016 Police Counterfeit/Smuggled cigarettes Refused

El Chupitos 175-177 Newland 21/04/2011 Police Breach of conditions Conditions Avenue, Hull added annex 3 Pearsons 6A Princes Avenue, 31/01/2012 Environmental Laser not uk authorised Not Known Hull Protection

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Licences Address Date of Reviewer Reason for Review Conclusion Premise Review Welly Club 105-107 Beverley 24/09/2013 Police Disorder at the premises Alterations to Road, Hull hours door staff changed. Zabka 114 Springbank, Hull 21/12/2017 Police Breaches of conditions Revoked Counterfeit/Smuggled cigarettes Spizarnia 129 Newland 09/07/2010 Police Breaches of conditions Agreed pre Avenue, Hull hearing conditions added Nasza 161 Springbank, Hull 19/07/2012 Police Counterfeit/Smuggled cigarettes Conditions Bierdronka added annex 3 Kubus 102 Springbank, Hull 24/07/2012 Police Counterfeit/Smuggled cigarettes Revoked

21 Beverley 21 Beverley Road, 04/08/2011 Police Breaches of conditions Revoked Road Hull Poziomka (A B 84-86 Springbank, 29/09/2017 Police Breaches of conditions Revoked C) Hull European 141 Springbank, Hull 29/03/2012 Police Counterfeit/Smuggled cigarettes Revoked Foods Pickwick 60 A Beverley Road, 23/06/2015 Police Underage sales counterfeit alcohol Agreement to Papers Hull vary licence Aroma 279 Beverley Road, 28/06/2011 Police Immigration offences Food Hygene Refused Hull Conditions breached Havana 94 Springbank, Hull 30/07/2015 Police Counterfeit/Smuggled cigarettes Revoked

5.4 Crime and Disorder

The period covered by this analysis is from 1 st April 2014 to 31 st March 2018 and focuses on specific crime and disorder types of:

• Violence Against the Person where alcohol a factor • Violence Against the Person where alcohol not a factor • Criminal Damage • Public Disorder • Hate Crime • Drugs • Possession of Weapons

Crime Figures - All Times of the Day

Crime Type 2014/15 2015/16 2016/17 2017/18 Violence Against the Person (where alcohol a factor) 280 242 202 154 Violence Against the Person (alcohol not a factor) 401 655 491 531 Criminal Damage 393 411 375 296 Public Disorder 96 135 96 139 Hate Incident 32 39 33 34 Drugs 131 118 112 78 Possession of Weapons 20 20 17 23 Total 1353 1620 1326 1255

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Crime figures cannot be produced solely on alcohol being a factor as the flag system in place is inaccurate and so in this instance key word searches have been used to flag crimes involving alcohol. Therefore the figures shown are only an indication.

2017/18 has shown a decrease of 6% in crime figures when compared to 2016/17. In the same period violence against the person (alcohol not a factor) has seen an 8% increase, Public Disorder has seen a 45% increase, Hate incidents have seen a 3% increase and possession of weapons has seen a 35% increase.

Crimes that directly affect persons or property have shown an increase of 35% from 2014/15 to 2016/17.

6. CONSULTATION EXERCISES

Hull City Council introduced of a borough wide “Controlled Drinking Zone” through the introduction of a Public Space protection Order (PSPO) in 2016.

Before an order of this type could be introduced the regulations required the local authority to consult with relevant stakeholders which may be affected by the introduction of such an order.

For the request for the publication of a CIA there has to be a consultation with Responsible Authorities as part of the general consultation required. In order to support the consultation Humberside Police commissioned a public survey for members of the public who live and work within the proposed area. Specific question responses were analysed to determine the views of respondents about the proposed publication of a CIA in Hull and their experiences of the issue within the proposed area.

The tables and charts in this section of the document quantify the responses received from survey respondents regarding their views on the introduction of a CIA in Kingston upon Hull.

The total number of responses received to the survey regarding the proposed introduction of a CIA was 505. To be statistically significant, a response rate of 385 surveys was required from a population of 9681(census 2011). Therefore this target was achieved.

Respondent Experience

Seen Drinking Count % Yes 494 98 No 9 2 Question - Has Drinking in Public Places Caused You a Problem?

HAVE YOU SEEN DRINKING NO 2% IN PUBLIC PLACES?

YES 98%

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Seen Drinking - Issues Count % Yes 330 65 No 175 45

HAS DRINKING IN PUBLIC PLACES CAUSED YOU A PROBLEM ?

NO 41% YES 59%

Question – Do you think drinking in these places has an adverse effect on public areas?

Adverse effect Count % Yes 488 97 No 17 3

DO YOU THINK DRINKING HAS AN NO 3% ADVERSE EFFECT IN THESE AREAS?

YES 97% Although drinking in public places had been seen by 98% of respondents only 65% stated that it had caused them a specific problem.

All respondents reported that drinking in public places had caused them problems. The following table identifies the types of problems caused. Please note, an individual respondent can report multiple problems

Problem Caused Count % Anti-social behaviour 454 90 Litter 433 86 Fear and Intimidation 407 81 Noise nuisance 325 64 Criminal damage 239 47 Violence 252 50 Creates Wrong Impression 375 74 Begging 333 66 Urinating/Defecating 345 68 Graffiti 104 21 Hate Incident 109 22 Indecent Exposure 144 29

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Problem Caused Count % Riding cycles carelessly 229 45

As well as the above many people commented on the fact that there is often vomit on the pavements and they had been the victim of sexual advances or comments as they walked past street drinkers. Sexual activity was mentioned as well as danger from people just walking into the roads.

Businesses commented that they had been the victim of thefts or attempted thefts but had not reported this to the police as they didn’t think it would be looked into. They did however, express that many customers and clients had stated that they felt intimidated by the street drinkers. Public support for a Cumulative Impact Zone

As part of the public consultation the police also asked a final question as to whether or not the public would support the introduction of a cumulative impact zone for the identified area. In doing so they found a very high response of 92% backed the suggestion with many believing that its introduction, although not solving the current issues; would, over time help to reduce the current level of problems.

Support CIZ Count % Yes 465 92 No 40 8

WOULD YOU SUPPORT NO 8% A CUMULATIVE IMPACT ZONE?

YES 92%

Summary of Proposed CIA findings

The proposed cumulative impact zone contain 20% of the total number of licensed premises in Kingston upon Hull.

The survey can be considered to representative of the demographics of area bordered on and between Springbank, Princes Avenue, Newland Avenue, Cottingham Road and Beverley Road. Sufficient responses were received to ensure the results are statistically significant.

The proposed area for the CIA is showing an increase in crime and over the past 3 years whilst anti- social behaviour has remained consistent, many respondents and businesses did say that they had stopped reporting incidents as the problems had become overwhelming.

Although drinking in public places had been seen by 98% of respondents only 65% (330) had stated that it had caused them a specific problem. However this is still well above half of people who were asked the question.

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When respondents were asked what problems they perceive as being directly related to street drinking high numbers sighted ASB (90%), Litter (86%) and Fear and Intimidation (81%).

74% thought that the sight of street drinkers and the problems caused gave the wrong impression of the area in general. A view which is consolidated as Noise Nuisance (64%), Begging (66%), and urinating/defecating (68%) listing high on public concerns.

Overall 92% of respondents support the introduction of a CIZ.

7. SUMMARY

The proposed area currently suffers a high level of anti-social behaviour, crime and disorder associated with street drinking which is having a detrimental impact on businesses, residents and visitors to the area. The local media has highlighted the problems with a number of published incidents and problems which have all drawn public support.

The police have had to increase police patrols within the area in order to combat these issues and the police alcohol licensing team has lodged a number of premise licence reviews and application objections in order to stem the increase in problems.

Hull City Council, acting as the Licensing Authority has a duty to comply with its obligations under Section 17 of the Crime and Disorder Act 1998 and the Licensing Act 2003, in respect of crime and disorder and to promote the four licensing objectives; the Prevention of Crime and Disorder, Public Safety, the Prevention of Public Nuisance and the Protection of Children from Harm.

Humberside Police have provided evidence in support of both Section 5 (3) (a) & (f) of the Licensing Act 2003 and Section 141 (3) Policing and Crime Act 2017 in regards to public consultations along with the evidence required under Home Office guidance that summarises the steps that a Licensing Authority should take when considering a Cumulative Impact Assessment:

• Identify concern about crime and disorder; public safety; public nuisance; or protection of children from harm in a particular location. • Consider whether there is good evidence that crime and disorder or nuisance are occurring, or whether there are activities which pose a threat to public safety or the protection of children from harm. • If such problems are occurring, identify whether these problems are being caused by the customers of licensed premises, or that the risk of cumulative impact is imminent. • Identify the boundaries of the area where problems are occurring.

Humberside Police have also provided evidential support for the decision to consider the introduction of a Cumulative Impact Assessment that the Licensing Authority can use to demonstrate the cumulative impact of licensed premises on the promotion of the licensing objectives which are:

• Local crime and disorder statistics • Statistics on local Anti-Social Behaviour offences • Environmental health complaints, particularly in relation to litter and noise • Residents’ questionnaire

Given the information and relevant statistics Humberside Police therefore submit that the Hull Licensing Authority should consider submitting the proposal of publishing a Cumulative Impact

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Assessment (CIA) and subsequent Cumulative Impact Zone (CIZ) for the area bordered on and between Springbank, Princes Avenue, Newland Avenue, Cottingham Road and Beverley Road before the full Hull City Council.

The reasoning is to ensure that the Licensing Authority considers that the number of relevant authorisations in respect of the identified types of premises in the area described in the assessment is such that it is likely that it would be inconsistent with the authority’s duty to promote the licensing objectives to grant any new or vary any existing relevant authorisations unless the applicant can demonstrate that there will be no negative cumulative impact on the licensing objectives. Thus lowering present crime and disorder and anti-social behaviour problems, improving public health and creating a more harmonious multi-cultural community for both residents, businesses and visitors.

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Report to the Licensing Committee Wards : All 8 October 2018 Ref: CSE/18/060

Proposal for Amendment to the Current Licensing Policy for Hackney Carriage and Private Hire Drivers re Safeguarding and Child Sexual Exploitation (CSE) Training

Report of – Tim Fielding, City Health and Wellbeing Manager

1. Purpose of the Report and Summary

1.1 To consider the proposal to introduce a requirement for all Hull licensed Hackney Carriage and Private Hire drivers to undertake child safeguarding, CSE, trafficking and radicalisation awareness training.

1.2 To recommend to Cabinet that the safeguarding training be made a requirement for every new driver and for current drivers when renewing their licence.

1.3 The training is proposed to be developed in conjunction with Hull City Council’s Children Social Care, the Hull City Council Learning and Development Team and the Hull Safeguarding Children Board. 1.4 The training will be provided free of charge during 2018/19 to all current drivers using existing resources within Learning and Development, with the aim that all existing drivers will have received the training by April 2019.

1.5 Following the training, a certificate of attendance will be issued to all drivers.

2. Recommendations

2.1 That Committee recommends to Cabinet that all new applicants for a licence and those currently holding a licence should be required to have safeguarding training as identified at 1.1 above as part of the requirement to obtain a licence.

2.2 The introduction of formal training for Hackney Carriage and Private Hire drivers in safeguarding children will equip them with

Author: Status: Date: 28/09/2018 Page 1 of 6 Page 189 of 194 additional information about CSE, trafficking and radicalisation including what signs to look for and how to report any suspicions correctly. It will also provide additional reassurance for both the Council and the public that the taxi trade have robust safety measures in place to reduce the risk of such behaviour. Members are asked to support the proposal to introduce this mandatory training as at 5.3 below.

3. Background

3.1 When it comes to child safeguarding, no one is exempt. Everybody in society has a role to play. This report and the proposed subsequent training aims to apply the notion and beliefs of child safeguarding to the taxi driver trade. Professional licensed drivers are ‘the watch keepers and guardians of our towns and cities’ and can play a key role in safeguarding and keeping our children safe.

3.2 With this as the objective, child safeguarding, CSE, child trafficking and radicalisation training needs to be made a requirement for obtaining a licence for every new driver and for all current drivers.

3.3 This proposal is fully endorsed and supported by the Hull Safeguarding Children Board and is seen as best practice around the country where it is already adopted by many local licencing authorities.

3.4 Hull City Council has a duty to protect the public and is authorised to carry out the statutory function of issuing licences in relation to Hackney Carriage and Private Hire vehicle drivers.

3.5 The licences are issued in accordance with the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976.

3.6 All applicants for a Hackney Carriage or Private Hire Driver’s licence must undertake the following checks and assessments before their application is considered;

• An Enhanced Disclosure and Barring Service (criminal record) check • A DVLA Group 2 Medical Standard of Fitness to Drive • A Driving Assessment • A Literacy and Numeracy Assessment • A Local Knowledge Test including Communication and Speaking Assessment • The BTEC Level 2 for Professional Taxi and Private Hire Drivers

3.7 The proposed child safeguarding, CSE, child trafficking and radicalisation awareness training would be added to the pre- requirements for obtaining a licence.

Author: Status: Date: 28/09/2018 Page 2 of 6 Page 190 of 194 3.8 It is proposed that all new driver applicants and all current drivers would attend a training session to raise awareness of these issues and risks. This and any refresher training would need to be carried out on a regular basis.

3.9 The need to train Hackney Carriage and Private Hire Drivers is supported in the Casey and Jay Reports which, amongst other areas, looked into licensing issues at Rotherham MBC where licensed taxi drivers had been implicated in CSE. There is no evidence that this is the situation in Hull, but requiring this type of training must be regarded as an important preventive measure that will provide benefits to both taxi drivers and the public. It is also seen as a positive factor with regards to Ofsted inspections where councils have made such training of licenced drivers mandatory.

3.10 The training solution will have input from Hull City Council’s Licencing and Children’s Social Care Departments and the Hull Safeguarding Children Board.

3.11 Following the training, a certificate of attendance will be issued to all drivers and produced as part of their application process.

3.12 Those drivers who are able to produce evidence that they have completed equivalent safeguarding training in other local authority areas will not be required to undergo additional training in Hull. This rule will also apply to any refresher training.

3.13 The course will include child safeguarding, CSE and child trafficking specific to the taxi and private hire industry and will also build in key areas of knowledge from the ‘ Prevent’ (radicalisation - ‘the vocal or active opposition to fundamental British values , including democracy, the rule of law, individual liberty, mutual respect and tolerance of different faiths and beliefs’) guidance. Face to face, classroom based delivery will add value to the process. This will empower, engage and educate the drivers and their understanding of the wider safeguarding issues and implications as part of their role as professional drivers within the city of Hull.

Aimed at the driver, the content will include as a minimum;

• Trafficking of adults and children • Child Sex Exploitation (CSE) and other exploitation • Child Safeguarding (i.e. signs and symptoms of child abuse) • Law and legislation • ‘Prevent’ strategy and requirements

3.14 Delivery will be over 2½ - 3 hours and will include a standard test of knowledge before a ‘Certificate of Attendance’ is issued.

Author: Status: Date: 28/09/2018 Page 3 of 6 Page 191 of 194 3.15 All potential new drivers would receive the training as part of the current BTEC and would be at no extra cost to the current cost of the BTEC course.

3.16 For existing drivers, the training will be provided free of charge by Learning and Development at the Endeavour Learning and Skills Centre. It is envisaged that this will be done using existing resources and there will be no additional cost to the Council.

4. Issues for Consideration

4.1 If the training is carried out as part of the application process for new drivers and for current drivers, then it can potentially be delivered with current resources. 4.2 Statutory – There is no statutory requirement to train drivers on child safeguarding and CSE, however, the Council has a duty to protect children and vulnerable adults and this training would assist in doing so as identified in the Casey & Jay reports.

4.3 There are no environmental, diversity, Section 17 or Risk implications.

5. Options and Risk Assessment

5.1 Option 1 – Recommend r eject ion of the proposal . This would result in the need to raise awareness (as at 5.1 above) by other means. As a result, not all drivers would potentially be made aware of their role in safeguarding as professional drivers. 5.2 Option 2 – Recommend providing the t raining to new drivers only . This would mean that current drivers would not be trained. As with Option 1 , other methods would be needed to ensure all drivers were trained in their role in safeguarding as professional drivers.

5.3 Option 3 – Recommend the proposed training for both new and existing drivers. This option would ensure that all drivers are trained on their role in safeguarding as professional drivers.

6. Risk Assessment

6.1 There are no issues raised from the integrated impact assessment. 7. Consultation

Author: Status: Date: 28/09/2018 Page 4 of 6 Page 192 of 194 7.1 Although there hasn’t been any formal consultation with the taxi trade or the public to date, there has been discussion on this issue with local multi-agency partnerships, including the Hull Safeguarding Children Board CSE Sub-Committee. Also, this fits with the Board’s statutory duty to assess whether agencies in their area (i.e. Hull City Council) are fulfilling their statutory obligation to safeguard and promote the welfare of children as described in Section 11 of the Children Act 2004.

8. Monitoring Officer Assurance Statement

8.1 Although there is no formal legislative requirement for the holders of Hackney or Private Hire Drivers Licences to receive training on Safeguarding and CSE such a requirement is perceived as best practice the light of the situation being revealed up and down the country. The reports show that the training can be introduced as a prerequisite for being granted such a licence. It is not therefore a condition on any licence and does not form any part of the ‘fit and proper person’ test by which such applications are judged.

The Monitoring Officer is satisfied that the contents of this report are compliant with all relevant legislation.

9. Comments of the Section 151 Officer

9.1 The section 151 officer notes the report and has no further comments.

10. Comments of HR City Manager and compliance with the Equality Duty

10.1 There are no Council staffing implications identified in the report.

11. Comments of Overview and Scrutiny

11.1 The Forward Plan entry relating to this decision will be considered by the Overview and Scrutiny Management Committee. OSMC will determine whether the report should be subject to scrutiny, and if so, which Overview and Scrutiny Commission will carry out the work. (Ref: Sc5172)

12. Comments of the Portfolio Holder

12.1 The introduction of formal training for taxi and private drivers in Safeguarding and Child Sexual Exploitation Awareness as a requirement for new drivers, and those renewing their licence, will provide additional safety and reassurance for the public. I therefore support the proposal to introduce this training.

Author: Status: Date: 28/09/2018 Page 5 of 6 Page 193 of 194

Councillor Mike Thompson Portfolio Holder - Neighbourhoods, Communities & Environment

Contact Officer: Keith Fenner Telephone No.: 5506

Officer Interests: None

Background Documents: None

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