The Licencing Act 2003 focuses on the promotion of four objectives. These ‘licencing objectives’ underpin almost every single part of the Act and are of great significance to you if you are involved in licensable activity. If you apply for a new Premises Licence, your application will be expected to demonstrate how the operation of your premises will promote the licencing objectives. If you find yourself before a licencing subcommittee because your licence is under Review, that will be because it is alleged that the licencing objectives are being undermined.
Each of the four objectives is of equal importance.
The four objectives are:
The prevention of crime and disorder
When considering an application for a new Premises Licence, local authorities will consider whether the operating schedule contains sufficient conditions to satisfy them that this objective is being promoted. Examples of conditions within operating schedules that promote the prevention of crime and disorder are:
1. Conditions to maintain CCTV systems
2. Requirements that security guards be employed at certain times.
3. Requirements to search patrons on entry
Licencing authorities are advised to look to the Police as their main source of advice on crime and disorder issues.
Premises licence holders have a responsibility to ensure the safety of those people using their premises.
Conditions in operating schedules that address the promotion of public safety can include:
- Safe capacity levels
- Means of escape
- Restrictions on flashing or bright lights.
The prevention of public nuisance
Of all of the objectives, the prevention of public nuisance is probably the broadest and can encompass the biggest number of issues. Nuisance can arise from excessive
, noise, smells, light, litter and even vibrations. Nuisance can be caused by patrons entering premises and leaving premises, goods being delivered, and waste being collected, cooking odours, music being played, even plant and machinery.
Licencing authorities are advised to focus on the effect of activities at the specific premises on people living and working in the area around those premises.
Any conditions designed to promote the prevention of public nuisance should be tailored to the type, nature and characteristics of the specific premises and the activities it wishes to undertake.
Conditions in operating schedules that address the prevention of public nuisance can include:
- Requirements that sound limiters be fitted to music systems.
- Limits on the times entertainment can take place.
- Requirements to sweep and clean outside areas.
- Restrictions on deliveries and waste collection.
- Special conditions for outside areas.
The protection of children from harm
The protection of children from harm includes moral and psychological harm as well as physical harm.
Although the focus in most cases is on protecting under 18s from consuming alcohol, there is now a very broad responsibility on Premises Licence holders to protect children from harm in many different ways.
Examples of relevant conditions can be
- Restrictions on the hours when children may be present on the premises
- Restrictions or exclusions of children under certain ages.
- Requirements for an accompanying adult in some circumstances
How we can help you
At TV Edwards, we have many years’ experience of drafting successful applications for Premises Licences. After outlining your plans to us, we will be able to advise you on the sort of conditions the police and local authority will be looking for in the circumstances of your case.
Generally, premises licence holders prefer to operate as flexibly as they can and do not want to be tied down by excessive and sometimes costly conditions. At the same time, applicants need local authorities to take their applications seriously and be persuaded that the operation has been properly risk assessed in order that the licensing objectives will be promoted. Often this comes down to a balancing act between the conflicting wishes of the applicant and the local authority or police. We at TV Edwards can help steer the application through the process in the way that suits you best. We are skilled negotiators and can help you get the licence you want so that you can operate in the way you want to.
Our Recent Licensing cases
Bar Restaurant in Broadway Market. – successfully obtained a new premises licence for a large-scale premises in Hackney.
Successfully obtained a licence for roof top bar in London Bridge.
Successfully obtained a new Premises licence for a new restaurant in Brick Lane.
What our clients say
“TV Edwards have provided us with an exemplary service in acquiring premises licences for a number of our workspaces. They are communicative, transparent and highly effective and I would recommend their services to any similar business.“ Steve Morrin, Managing Director – Sustainable Workspaces
Our Licensing fees vary depending on the complexity of each case. Every case is different. Some applications will be very straightforward whist others might be extremely complex. Factors will include whether the licence sought is for a premises in a cumulative impact zone, whether the application deviates from local authority policies, whether local objections are anticipated and how novel or unusual the application is. Further information on our Licensing fees can be found here.