Solihull Licensing Policy

Licensing Objectives

1.1 Solihull Metropolitan Borough Council is the Licensing Authority for this district and will promote the licensing objectives set out in the Act, which are:-

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

1.2 To achieve these objectives, the Licensing Authority will use its full range of powers and engage all relevant responsibilities, including its planning controls, transport controls, crime and disorder policies and powers. The Licensing Authority will enter into appropriate partnership arrangements, working closely with the Police, the Fire Authority, Hospital Trusts, Parish Councils, local businesses, community representatives, local people and other groups or individuals, as considered appropriate in meeting these objectives.

2. Scope of the Policy

2.1 The scope of this policy covers new applications, renewals, transfers and variation of licenses and certificates, including where applicable, temporary premise licenses. It will also include the review and possible revocation of licenses and certificates. (Any reference to a licence, will also include a Club Premises certificate).

2.2 Activities that require a licence under the Licensing Act 2003 and covered by this policy include:

• retail sale of alcohol
• supply of alcohol to club members
• provision of 'regulated entertainment', to the public or to club members or with a view to profit
• performance of a play
• exhibition of a film
• indoor sporting event
• boxing or wrestling entertainment
• performance of live music
• playing of recorded music
• performance of dance
• provision of facilities for making music
• provision of facilities for dancing
• supply of hot food and or drink between the hours of 11 p.m. and 5 a.m.

2.3 In formulating this policy statement, the Licensing Authority has had regard to the following relevant provisions of the European Convention on Human Rights:

• Article 8 - "that everyone has the right to respect for his home and private life."
• Article 1 of the First Protocol - "that every person is entitled to the peaceful enjoyment of his possessions. (This refers not only to what would normally be thought of as a possession, but also includes a licence)."

2.4 Regard has also been had to the provision in the Human Rights Act 1998, that makes it unlawful for a public authority to act in a way that will be incompatible with a convention right. Consequently an aim of this policy in relation to the decision making process of the Licensing Authority, is to ensure that all decisions made, are compatible with convention rights.

2.5 The Licensing Authority has also taken into account the provisions of the Crime and Disorder Act 1998. This requires Local Authorities to have regard to the likely effect of the exercise of their function on crime and disorder in their area and to do all they can to prevent such crime and disorder.

3. The Licensing Process

3.1 The powers of the Licensing Authority under the Act may be carried out by the Licensing Committee, a Sub-Committee, or by an Officer acting under delegated authority.

3.2 It is considered that many of the licensing functions will be largely administrative, with no perceived areas of contention. In the interests of efficiency and effectiveness, Officers will for the most part, carry out these functions.

3.3 A Committee of the Council will deal with any applications where there are relevant representations, or where the review of a licence is requested.

3.4 The Licensing Authority will expect individual applicants to address the licensing objectives in their Operating Plan, having regard to the type of premises, the licensable activities to be provided, the operational procedures, the nature of the location and the needs of the local community.

3.5 Applicants should familiarise themselves with any relevant planning and transportation policies, tourism and cultural strategies and local crime prevention strategies and to have taken these into account, when formulating the Operating Plan for their premises.

3.6 When determining applications the Licensing Authority will have regard to any Guidance issued by the Department of Culture, Media and Sport. In particular, account will be taken of the need to encourage and promote live music, dance and theatre, for the wider cultural benefit of the community as a whole.

3.7 If representations are made concerning the potential for limited disturbance in a particular neighbourhood, the Licensing Authority will balance those representations against the wider benefits to the community. When attaching conditions to licensed premises, the Licensing Authority will be aware of the need to avoid measures that might deter live music, dance or theatre.

3.8 The Licensing Authority acknowledges the advice received from Department of Culture, Media and Sport, that the views of vocal minorities should not be allowed to predominate over the general interests of the community.

3.9 Any licence issued by the Licensing Authority shall be displayed in such a position that it can be easily read by members of the public.

3.10 The Licensing Authority shall in respect of each three year period, determine its policy with regard to exercising its licensing function and publish a statement of that policy before the beginning of the period. It will be necessary for the Licensing Policy to be kept under review during any three-year period and revision made to the policy as required. Such revision(s) made will be published.

4. Determination of Applications

4.1 In determining an application, the overriding principle adopted by the Licensing Authority, will be that each application will be considered on its individual merits and in accordance with the licensing objectives of 'the Act'. The Licensing Authority will normally consider the following matters prior to granting any Premises Licence:-

4.2 Disturbance, Amenity & Environment

• steps taken or proposed to prevent noise and vibration of all kinds escaping from the premises.
• steps taken or proposed to prevent disturbance by patrons or staff when entering or leaving the premises.
• steps taken or proposed to minimise queuing and the supervision of any queues to prevent noise and disorder.
• steps taken or proposed to prevent disturbance likely to be caused by the use of any forecourt, patio or garden attached to any licensed premises.
• steps taken or proposed to prevent the impact of refuse or litter in the vicinity or area surrounding the licensed premises.

4.3 Transport and Pedestrians

• steps taken or proposed to reduce the impact of vehicles parking on residents or businesses in the area.
• steps taken or proposed to ensure that customers and staff can be transported away from the premises without delay.

4.4 Crime and Disorder

• steps taken or proposed, to fully utilise C.C.T.V. technology where appropriate, both inside and outside the premises and to implement agreed procedures for managing recorded images.
• steps taken or proposed, to risk assess the 'sale of alcohol promotions' and 'happy hours', for potential impact on crime and disorder and the plans to minimise such risk, should it exist.
• steps taken or proposed, to prevent the use, sale or supply of illegal substances or offensive weapons on the premises.
• steps taken or proposed, to risk assess the number of licensed Door Supervisors required to be on duty at the premises, at any time.
• steps taken or proposed, to manage 'drinking up time', after the sale of alcohol has ceased.
• steps taken or proposed, to include a rapid communication system, with other licensed premises in the area and / or the Police.
• steps taken or proposed, to be involved in any 'Pub Watch' scheme, or similar arrangement, directed towards achieving the licensing objectives.
• steps taken or proposed, to reduce the impact on residents or businesses in the area, of vehicles parking.

4.5 Public Safety and Fire Safety

• steps taken or proposed, to minimise the risk of injury by any means, including fire, to those persons visiting or working on the premises.
• steps taken or proposed, to produce an appropriate emergency evacuation plan for the premises and train members of staff in the implementation of that plan.
• steps taken or proposed, to calculate the maximum occupancy figure of the premises and the proper management of that limit.

5. Personal Licenses

5.1 The Licensing Authority has little discretion regarding the granting of a Personal Licence. In general, provided that the applicant has a qualification determined by the Department of Culture, Media and Sport and does not have a recent relevant conviction, the application will be granted. If an applicant has a recent relevant conviction, the Police may object to the application, following which a hearing must be held. At that hearing the Licensing Authority will consider whether the grant of a licence will be in the interest of the crime prevention objectives. If it is not so satisfied, the application will be rejected.

6. Premise Licenses

6.1 The Licensing Authority will normally expect individual applicants for a Premises Licence, to detail in their Operational Plan, the steps they will take to promote the licensing objectives, within the context of the location of the premises, the type of premises, the licensable activity to be provided, the operational procedures and the needs of the local community. Officers of the Council may discuss with the applicant, their draft plan, to ensure that the licensing objectives have been properly addressed. Reference should also be made in the Operational Plan, to any individual, who for the time being is designated, as 'Premises Supervisor'.

6.2 It will be necessary that all those likely to be effected by an application, are made aware of it and afforded an opportunity to make any relevant representation. To ensure that this is achieved, the Licensing Authority will undertake not only the statutory consultation required by the Act, but also any other consultation required in respect of any relevant circumstances.

6.3 If the Licensing Authority receives any relevant representations, then there will be a hearing before the Licensing Committee or any Sub-Committee to which that authority has been delegated, unless all interested parties concerned, agree that such a hearing is unnecessary.

7. Club Premises Certificates

7.1 Applications made to the Licensing Authority for a Club Premises Certificate will only be considered from those premises occupied by and habitually used for the purposes of a club and which can be considered a 'qualifying club', as laid down in the Act. The same principles will apply to club premises, as to any other licensed premises.

8. Conditions

8.1 The Licensing Authority will require those applicants seeking a Premises Licence to have considered the Core Model Conditions, as contained within Annex D, E, F, G and H of the Guidance and indicate within their Operating Schedule, which of the Core Model Conditions they consider appropriate, for the premises to meet the licensing objectives.

8.2 Licensing conditions, if appropriate, will be tailored to the individual application and only those conditions necessary to meet the licensing objectives, will be imposed. Where appropriate, the Council will draw upon the model pool of conditions contained within the Guidance and attach those conditions to a licence, given the prevailing circumstances.

8.3 It is the policy of the Licensing Authority, that when considering conditions, there should be openness, transparency and reasonableness and to this end, Officers of the Licensing Authority may wish to discuss proposed conditions, in advance, with the applicant and / or their representatives, with a view to obtaining a mutually agreeable level of protection for the public and fulfilment of the licensing objectives.

9. Enforcement

9.1 The Council will establish protocols with the Police, Fire Service and other enforcing authorities, with a view to the targeting of problematic and high-risk premises, but with less rigorous activity being undertaken in respect of those premises that are shown to be well managed and maintained, to ensure compliance with the Licensing Objectives.

9.2 In general, action will only be taken in accordance with any agreed 'Enforcement Concordat' and in line with the Council's own enforcement policy and to this end, the key principles of consistency, transparency and proportionality will be maintained.

10. Cumulative Impact

10.1 In determining an application for a Premises Licence, the Licensing Authority will take into account, the cumulative impact of granting such a licence. Cumulative Impact should not be confused with need, which relates to commercial demand for a particular type of premises. Need therefore, is a matter for planning consideration or market forces and does not form part of this licensing policy

10.2 Where the Licensing Authority receives representations from a responsible authority or an interested party (as defined in 'the Act'), that the cumulative effect of many licensed premises in a particular area gives rise to problems of public disorder and / or nuisance in the surrounding area, over and above the impact from the individual premises themselves, those facts can be taken into account when considering the individual merits of any application.

10.3 The Licensing Authority will not operate a quota system that would pre-determine an application, nor will it seek to impose general limitations on trading hours. However, regard will be given to the characteristics of the particular premises concerned, their specific location and the likely impact on the community.

10.4 There are a number of mechanisms available to the Licensing Authority, for addressing incidents of crime disorder and general misbehaviour, which occurs away from licensed premises. These include:-

• planning controls
• positive measure to create a safer and cleaner environment in partnership with local businesses and others
• powers to designate areas of the Borough, where alcohol may not be consumed publicly
• confiscation of alcohol from persons in designated areas
• confiscation of alcohol from persons under eighteen years of age
• police enforcement of the law, with regard to disorder and anti-social behaviour
• enforcement action against those selling or supplying alcohol to drunken persons
• police powers to close premise for up to 24 hours on grounds of disorder
• the power of the police, other responsible authority, businesses or local residents, to seek a review of the licence or certificate

10.5 The Licensing Authority will address a number of these issues in line with the strategic objectives for the reduction of crime and disorder in the Borough.

11. Licensing Hours

11.1 The view of the Government is that longer licensing hours should be encouraged in the interest of avoiding a concentration of disturbance and minimising nuisance to local residents. Entertainment providers are encouraged to provide a range of entertainment during their operating hours and to promote live music, dance and theatre, for the wider cultural benefit of the community.

11.2 The Licensing Authority recognises that fixed and artificially early closing times in certain areas, can lead to peaks of disorder and disturbance on the streets when large numbers of people tend to leave licensed premises at the same time. Longer licensing hours regarding the sale of alcohol, may therefore be considered as an important factor in reducing friction at late night food outlets, taxi ranks and other sources of transport, in areas where there have already been incidents of disorder and disturbance.

11.3 Shops, stores and supermarkets will generally be permitted to sell alcohol for consumption off the premises during their normal trading hours. However, in the case of individual premises that are known to be a focus of disorder and disturbance, then subject to relevant representations, a limitation on licensing hours may be considered appropriate.

11.4 When issuing a licence in respect of premises situated in a largely residential area, the Licensing Authority will normally consider the imposition of stricter conditions, with regard to noise control.

12. Children and Licensed Premises

12.1 The Licensing Authority recognises the great variety of premises for which licences may be sought. These will include theatres, cinemas, restaurants, pubs, nightclubs, cafes, take away food outlets, community halls and schools. Access by children to all types of premises will not be limited in any way unless it is considered necessary to do so, in order to protect them from harm and provided that such access is in accordance with the Act and / or any guidance issued by the Secretary of State.

12.2 When deciding whether to limit access to children or not, the Licensing Authority will judge each application on its individual merits. Examples that may give rise to concern in respect of children would include premises:-

• where entertainment of an adult or sexual nature is provided
• where there is a strong element of gambling taking place
• where there is a known association with drug taking or drug dealing
• where there have been convictions for serving alcohol to those under 18
• where there is a reputation or other evidence of underage drinking

12.3 In the case of premises which are used for film exhibitions, conditions will be imposed restricting access, only to those who meet the required age limit in line with any certificate granted by the British Board of Film Classification, or in specific cases, a certificate given to the film by the Council itself.

12.4 Where a large number of children are likely to be present on any licensed premises, for example, a children's show or pantomime, then conditions will be imposed requiring the presence of an appropriate number of adult staff (ratio may be specified) to ensure safety and protection from harm.

12.5 The options available for limiting access by children would include -

• a limit on the hours when children may be present
• a limitation or exclusion when certain activities are taking place
• the requirement to be accompanied by an adult
• access may be limited to parts of the premises but not the whole
• an age limitation ( for under 18s )

12.6 The Licensing Authority will not impose any condition that specifically requires access for children to be provided at any premises. Where no restriction or limitation is imposed, the issue of access will remain a matter for the discretion of the individual licensee or club.

13. Temporary Events

13.1 An individual who wishes to use premises for one or more licensable activities in a period not exceeding 72 hours, must deliver to the Licensing Authority a 'temporary events' notice (in duplicate), in the prescribed form. The form will detail the proposed activities, the times that the activities will take place and whether or not there will be any sale of alcohol on or off the premises. The notice shall also state the maximum number of persons permitted on the premises, which must be less than 500.

13.2 A copy of any temporary event notice must be delivered to the Chief Officer of Police, no less than 10 working days before the event period begins. The Chief Officer of Police may object to the event taking place, on the grounds that such an event would undermine the crime prevention objective. In such circumstances a hearing will be held, unless all parties agree that a hearing is unnecessary.

14. Integrating Strategies and the Avoidance of Duplication

14.1 There are a number of issues that may need to be considered when dealing with applications. The Licensing Committee will therefore have due regard to:-

• the needs of the local tourist economy
• the needs of visitors to local exhibitions and conferences
• cultural strategy for the area
• employment situation in the area and the need for new investment and employment where appropriate
• planning considerations which might affect licensed premises
• any other general provision that is appropriate to fulfil the Licensing objectives

14.2 Through consultation, the Licensing Authority will endeavour to secure proper integration with crime prevention, planning, transport, tourism and cultural strategies.

14.3 Where any protocols agreed with West Midlands Police, identify a particular need to disperse people from town centres and / or other areas, swiftly and safely, to avoid concentrations which could lead to disorder and disturbance, the Council will initiate liaison with those responsible for providing local transportation, so that arrangements can be made to reduce the potential for disorder and disturbance. The Council may also implement any other measures considered appropriate.

14.4 The Licensing Authority recognises that licensing applications should not be seen as a re-run of the planning application process and that there should be a clear separation of the planning and licensing regimes, to avoid duplicity and inefficiency.

14.5 In order to avoid duplication with other statutory regimes as far as possible, the Licensing Authority will not attach conditions of licence, unless they are considered necessary for the promotion of the licensing objectives. Conditions will not normally be considered necessary, if specific matters are already subject to existing legislation.

Contact Details

For more information please contact Licensing:

Trading Standards & Licensing
PO Box 1833
Council House
Solihull B91 9DZ

Telephone: 0121 704 8003

Fax: 0121 704 6888

Email: connectcc@solihull.gov.uk

We will respond to any request for advice within the following time frame

• Telephone calls - 95% answered
• Telephone messages - responded to within two working days
• Personal callers - initial consultation at Solihull Connect, a further appointment will be made necessary
• Email responded to within one working day
• Letters and faxes responded to within five working days from receipt