Please Contact: Linda Yarham
Please email: Linda.yarham@north-norfolk.gov.uk
Please Direct Dial on: 01263 516019
31 October 2013
PLEASE
NOTE
VENUE
A meeting of the Licensing and Appeals Committee of North Norfolk District Council will be held
in the Council Chamber at North Lodge Park, Cromer on Monday, 11 November 2013 at 10.00
a.m.
At the discretion of the Chairman, a short break will be taken after the meeting has been running
for approximately one and a half hours.
Members of the public who wish to ask a question or speak on an agenda item are requested to
arrive at least 15 minutes before the start of the meeting. It will not always be possible to
accommodate requests after that time. This is to allow time for the Committee Chair to rearrange
the order of items on the agenda for the convenience of members of the public. Further information
on the procedure for public speaking can be obtained from Democratic Services, Tel: 01263
516010, Email: democraticservices@north-norfolk.gov.uk
Sheila Oxtoby
Chief Executive
To: Mrs A Claussen-Reynolds, Mrs H Cox, Mrs A R Green, Mrs P Grove-Jones, Mr B Hannah, Mr
P W High, Mr B Jarvis, Mr P Moore, Miss B Palmer, Mr R Price, Mr R Reynolds, Mr R Shepherd,
Mr B Smith, Mrs A C Sweeney, Mr J A Wyatt.
All other Members of the Council for information.
Members of the Management Team, appropriate Officers, Press and Public.
If you have any special requirements in order to attend this meeting,
please let us know in advance
If you would like any document in large print, audio, Braille, alternative format
or in a different language please contact us
Chief Executive: Sheila Oxtoby
Corporate Directors: Nick Baker & Steve Blatch
Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005
Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
PUBLIC QUESTIONS
3.
MINUTES
(attached – page 1)
To approve as a correct record, the minutes of the meeting of the Licensing and Appeals
Committee held on 22 July 2013 and also the minutes of the meetings of the Licensing
Sub-Committees held on 3 July and 25 September 2013.
4.
ITEMS OF URGENT BUSINESS
To determine any other items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government
Act 1972.
5.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any of the
following items on the agenda. The Code of Conduct for Members requires that
declarations include the nature of the interest and whether it is a disclosable pecuniary
interest.
6.
LICENSING ACT 2003 – REPORT COVERING 2012-13
Summary:
Conclusions:
(page 18)
(Appendix A – page 19)
This report provides an overview of the operation of
the Act during the past 12 months.
The vast majority of licensed premises in North
Norfolk are well run providing a valuable amenity
for the local area and in support of the tourism
economy. The economic climate continues to have
a significant adverse effect on many licensed
businesses.
Recommendations:
That Members note the report and support current
monitoring activities, liaison groupings and
compliance initiatives
Cabinet member(s):
Councillor John Lee
Licensing Committee Chairman
Councillor Richard Price
Ward(s) affected:
All
Contact Officer, telephone
number, and e-mail:
Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
7.
LICENSING POLICY for SEX ESTABLISHMENTS
Summary:
(Page 26)
(Appendix B – page 30)
This report outlines the framework for consultation
and adoption of a policy for the consideration of,
processing and determination of applications for
sex establishment licences
Conclusions:
8.
Recommendations:
That Members consider the matter and agree a
draft policy for consultation
Cabinet member(s):
Councillor John Lee
Licensing Committee Chairman
Councillor Richard Price
Ward(s) affected:
All
Contact Officer, telephone
number, and e-mail:
Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
UPDATE ON GENERAL LICENSING ISSUES
Summary:
(Page 52)
This report updates Members on a range of general
licensing issues
Conclusions:
Recommendations:
That Members note the report
Cabinet member(s):
Councillor John Lee
Licensing Committee Chairman
Councillor Richard Price
Ward(s) affected:
All
Contact Officer, telephone
number, and e-mail:
Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
9.
TO RECEIVE UPDATES ON MEMBERS TASK AND FINISH GROUPS
10.
EXCLUSION OF PRESS AND PUBLIC
To pass the following resolution, if necessary:
“That under Section 100A(4) of the Local Government Act 1972 the press and public be
excluded from the meeting for the following items of business on the grounds that they
involve the likely disclosure of exempt information as defined in paragraph _ of Part I of
Schedule 12A (as amended) to the Act.”
11.
TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE
PUBLIC BUSINESS OF THE AGENDA
Agenda item ____3_____
LICENSING AND APPEALS COMMITTEE
Minutes of a meeting of the Licensing and Appeals Committee held at 10.00 am on 22
July 2013 in the Council Chamber, Council Offices, Holt Road, Cromer.
Members Present:
Mrs A Claussen-Reynolds
Mrs A Green
Mr P W High
Miss B Palmer
Mr R Price (Chairman)
Mr R Reynolds
Mr R Shepherd
Mr B Smith
Mrs A C Sweeney
Mr J Wyatt
Officers in attendance:
The Licensing Manager, the Legal Advisor, Licensing Technical
Administrator and the Regulatory Officer.
1
APOLOGIES FOR ABSENCE
Mrs H Cox, Mrs P Grove-Jones, Mr B Hannah and Mrs L Walker.
2
PUBLIC QUESTIONS
None received.
3
MINUTES
The minutes of the meeting of the Licensing and Appeals Committee held on 19
November 2012 and also the minutes of meetings of the Licensing Sub-Committee
held on 14 November and 12 December 2012 and 22 January, 26 February, 26
March and 24 April 2013 were approved as correct records and signed by the
Chairman, subject to the minutes of 12 December being amended to read “The SubCommittee retired at 10.30 am ….. and returned at 10.58 am”.
Councillor P W High reported that The Folly Tearoom which had been granted a
Premises Licence on 14 November 2012 had been nominated for the Graham Allen
Award for Conservation and Design.
At the request of Members, the Licensing Manager updated the Committee with
regard to a number of cases which had been considered by the Licensing SubCommittees where there were outstanding matters to resolve prior to granting a
licence or specific conditions attached to the licence. In each case a licence had
been issued or premises were operating without complaint, with the exception of the
Market Tavern, North Walsham, where there had been an incident outside the
premises which had resulted in a formal warning being issued to the publican by
Norfolk Constabulary and subsequent monitoring of the operation of the premises.
The Licensing Authority was not supervising the premises but in the event of direct
complaints from the public or negative feedback from other authorities, the licence
could be brought back before the Sub-Committee for review.
4
ITEMS OF URGENT BUSINESS
None.
Licensing and Appeals Committee
1
22 July 2013
5
DECLARATIONS OF INTEREST
Mrs A Claussen-Reynolds and Mr R Reynolds declared a personal interest in Minute
7 as their son worked for a scrap metal firm.
6
CHANGES TO THE LAW AFFECTING SALE OF ALCOHOL AND
ENTERTAINMENT LICENSING AND OTHER TOPICAL ISSUES
The Licensing Manager presented the report, which set out the key changes to the
Licensing Act 2003 in respect of regulated entertainment and premises licences
which came into force on 26 June 2013, and other changes in respect of the showing
of films which were currently subject to consultation by the Government and
proposed to be introduced in the Autumn.
The Licensing Manager explained that the changes would allow venues such as
village halls to hold unamplified entertainments, such as a jazz or folk band, up to
11pm without having to notify the Licensing Authority. In a workplace or pub,
amplified music could be played to no more than 200 people until 11pm. He
considered that most premises in North Norfolk would fall into these categories.
Whilst he hoped that the Licensing Team would become aware of such events,
through publicity issued by the venue, it would not necessarily be the case.
Whilst the showing of films was still licensable, the Government had issued a
consultation paper which proposed deregulation of them and it was anticipated that
this change would be introduced in the Autumn.
The Licensing Manager suggested that a pictorial flowchart showing the changes
might be helpful in raising awareness for Members and to a certain extent, the
licensed trade. He considered that further guidance would be issued in the future.
Mr P W High expressed concern that the legislative changes could result in reduced
profits for larger community venues which could hold over 200 people as they would
limit their capacity to 200 to avoid the need to apply for a licence.
The Licensing Manager stated that many village halls relied on Temporary Event
Notices (TENs) for their events. Most of these events would now be within the limits
and they would not need to submit a TEN.
The Committee discussed whether it would be appropriate to circulate guidance to
village halls and other venues regarding the changes in legislation. It was generally
considered that publicity should be given to the changes, possibly in the form of a
briefing which would also invite discussions on an individual basis. It was agreed that
the Licensing Team would prepare a brief in consultation with the Legal and Media
teams as soon as possible and copy Members in.
7
CHANGES TO THE LAW AFFECTING SCRAP METAL DEALERS
The Licensing Manager presented the report. The Scrap Metal Dealers Act 2013 had
replaced the previous registration system for scrap metal dealers created by the 1964
Scrap Metal Dealers Act. A new licensing regime had been created which would be
run and administered by local authorities, based on the legislation for alcohol
licences. All scrap metal dealers would be required to have a licence and it would be
a criminal offence to operate without one. The new legislation had extended the
definition of scrap metal dealer to include motor salvage operators. Local authorities
would have the power to refuse to grant a licence if the applicant was deemed not to
Licensing and Appeals Committee
2
22 July 2013
be a suitable person to operate as a scrap metal dealer. The new legislation was
being introduced to deter theft and unscrupulous dealing. The new regime would
take effect from 1 October 2013 with a transition period until 1 November 2013.
The licensing regime required the separation of scrap metal collectors and scrap
storage and dismantling. Licence fees would need to be set for collectors and sites,
which would hopefully cover the Council’s costs. Further consideration would be
given to fee setting in the Autumn.
It would be necessary to write to existing members of the trade to explain that the law
had changed. It might be necessary for a Member panel to be convened if an
application revealed an issue which needed further consideration, such as a criminal
record.
The Officers answered Members’ questions:
If a scrap dealer wished to run a yard and also collect scrap, it would be
necessary under this legislation to form separate companies and apply for
separate licences. One company could not do both. The law required separate
accounting.
It was necessary to keep records which accounted for every piece of scrap –
where it had come from and from whom and proof that money had changed
hands.
Officers would be checking licence conditions and there would be a proactive
programme rather than spot checks.
The register was currently voluntary. The Council was aware of three large yards
and 18 itinerant collectors, who would be requested to submit applications. The
Police would check if they said they had ceased trading. If Officers became
aware of a scrap dealing business they would invite an application, otherwise an
enforcement visit would be undertaken by the Council or the Police.
A separate licence would be required for each local authority area the business
traded in.
There was already a legislative framework for dealing with waste which imposed
a duty of care. Businesses had to dispose of their waste responsibly and ensure
that it ended up where it should be.
General house clearance was not caught by the duty of care. The new Act
encouraged householders who wished to dispose of scrap cars, washing
machines etc to contact a business which could deal with it.
Mr Reynolds stated that the worldwide company for whom his son worked had
gone cashless a few months ago and found that its business had reduced. As a
result, the company had decided to close its UK operation.
The framework for licensing would be similar to alcohol licensing. A site would be
licensed with the key personnel named on the licence. In the event of a change
of personnel it would be necessary to apply for a variation to the licence.
8
TO RECEIVE UPDATES ON MEMBERS TASK AND FINISH GROUPS
No Task and Finish Groups had met since the last meeting.
The meeting closed at 11.35 am.
___________________
Chairman
Licensing and Appeals Committee
3
22 July 2013
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing and Appeals Sub-Committee held on 3
July 2013 in the Council Chamber, Council Offices, Holt Road, Cromer at 10.00
am.
Sub-Committee
Mr R Reynolds (Chairman)
Mr B Jarvis
Mr R Shepherd
Mrs A Claussen-Reynolds for item 6
Officers in Attendance:
Legal Advisor, Licensing Manager, Environmental
Protection Officers (x 2), Regulatory Officer and
Licensing Technical Administrator
Also in attendance:
Press and as shown below
1
APOLOGIES
An apology for absence was received from Mr B Hannah. Mr R Reynolds
attended the meeting as his substitute.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None received.
4.
APPLICATION FOR NEW PREMISES LICENCE – HOLT HALL, KELLING
ROAD, HOLT, NORFOLK NR25 7DU
Present:
Applicant:
Andrew Coles
Norfolk Constabulary: Tony Grover
Objecting speakers: David Roberts
George Strange
Andrew Morris
Catherine Hume
Also present:
Sue Roberts
Roger Johnson
Eileen Strange
Stephen Hume
Judy Mitchell
The Chairman introduced the Panel and Officers. The Legal Advisor outlined
the procedure for the Hearing. She explained that, at a later stage, the Panel
would withdraw to make a decision, having regard to the four licensing
objectives outlined on page 1 of the report. She would accompany them to
provide legal advice and to assist them to formulate their reasons but would
not take part in the making of the decision.
Licensing Sub-Committee
4
3 July 2013
The Licensing Manager explained the purpose of the application and the key
points for consideration. The application covered the entire campus of Holt
Hall, a former stately home, which was now primarily an educational centre
but had also hosted a number of other events under Temporary Events
Notices. The application sought a premises licence for activities which were
ancillary to the centre and to the town. The centre was also available for
letting.
A number of representations had been received from local residents, the
Police and Environmental Health and were appended to the report. Further
representations from a local resident, Holt Town Council and Ward
representative Cllr Philip High, which had been received following publication
of the agenda but prior to the expiry of the consultation period stated in the
notice published by the applicant, had been supplied to Panel members in
advance of the meeting and were relevant to the consideration of the
application.
The Legal Advisor explained that the later responses had been received
beyond the statutory consultation period. However, the applicant‟s notice had
stated a later date and persons affected would have a legitimate expectation
that their responses would be considered. It had therefore been decided to
honour any responses received beyond the statutory period. The applicant
indicated that he agreed with this decision.
The Licensing Manager explained that since submission of this application
there had been a change in legislation which redefined “Regulated
Entertainment”. This meant that some of the activities for which the applicant
had applied were no longer licensable and could therefore take place without
the need for a licence. Regulations governing the sale of alcohol remained
unchanged. Copies of the revised guidance were supplied to Members, the
applicant and speakers. It had not been possible to supply these documents
earlier as they had only been available on the Monday prior to the meeting.
He referred in particular to paragraph 15.10 which detailed the times during
which certain types of entertainment could take place without a licence,
subject to limits on the number of people present. He explained the changes
in detail. Essentially, performances of plays and dance to an audience of
under 500 people or under 200 people for most other entertainments were no
longer licensable between the hours of 8.30 am and 11pm. Whilst the hours
applied for did not exceed these time limits it was possible, given the size of
the campus, that the limit on numbers would be exceeded and the
entertainment would therefore become licensable and conditions attached to
the licence would be applicable. If minded to grant the application, the SubCommittee would need to consider how the conditions would be applied.
At the request of the Chairman, those present indicated that they understood
the new limits.
In response to questions, the Licensing Manager clarified the following points:
a) Acoustic instruments, if relayed through a microphone, were classed as
amplified.
b) A venue was a „workplace‟ if people were habitually employed there, e.g.
it applied to Holt Hall but not to a car park or a field. As people were
employed on the campus more than just occasionally the workplace
definition applied. The whole of the Holt Hall campus was considered to
be a workplace and therefore entertainments for audiences of up to 200
people were exempt, whether or not alcohol was served.
Licensing Sub-Committee
5
3 July 2013
c) If musicians were being paid they could not be counted as employees.
The Legal Advisor examined the application in detail to assess whether the
new legislation had any impact on the application, and concluded that the
application stood as submitted.
Mr Coles put his case. He explained that in 2010, Norfolk County Council
had cut all funding to the centre and it had become necessary to raise income
to keep it going. Several events had taken place under Temporary Events
Notices (TENs) obtained by event organisers. Some events had been very
small but there had been some larger scale events and issues had arisen with
traffic and noise after 11.30pm. Some event organisers had got around the
limits imposed on TENs by licensing individual areas. A premises licence
would allow the Centre to have more control over the use of the site.
Mr Coles stated that he understood the concerns regarding the sale of
alcohol. This had been included in the application to cover a small number of
large events, business conferences and weddings. It was hoped to work
alongside Flying Kiwi Inns in this regard. He emphasised that he was a
teacher who was a centre manager and was concerned with education. He
was not a publican or events manager.
Mr Coles referred to a question raised earlier by a member of the public, he
stated that education at Holt Hall was not seasonal. During the summer the
centre hosted educational groups from the UK and overseas. Holt Hall was
not a school and did not have gaps in provision.
With regard to prevention of crime and disorder, Mr Coles stated that he had
spoken to Mr Grover as to how to address this issue. Protection of children
from harm was embedded in the work of the centre.
Questions were asked of Mr Coles and the Officers:
a) Mr Reynolds asked how crowds would be controlled. Mr Coles stated that
accredited security professionals would be in attendance and stewards
would be very visible.
b) Mr Reynolds asked why the application included off sales of alcohol. Mr
Coles stated that there seemed to be a requirement for a beer tent at
many events and having the sale alcohol under the control of a preferred
supplier appeared to be the best way of dealing with the matter.
c) In response to a question from an objector, Mr Coles stated that there
was a campsite on the premises.
d) In response to a question from an objector regarding the control of
inebriated people, Mr Coles confirmed that people were available to
supervise. However, there was nothing that could be done to stop people
leaving the site. An objector referred to the damage which had been done
on previous occasions that he considered would not have happened had
there not been an event.
e) An objector considered that it was impossible to control 2500 people and
it only took 5 people leaving the site to cause mayhem. Police resources
were then taken up to deal with it. Whilst the centre would do its best, in
practical terms it may not be sufficient.
f) Objectors were concerned that they had experienced difficulty in
contacting Holt Hall when problems occurred, or had been given false
assurances that matters would be dealt with and that prior notification
would be given of events which were to take place. Mr Coles stated that
an on-call system was in place and emergency numbers had been
Licensing Sub-Committee
6
3 July 2013
supplied and, at the request of the Legal Advisor, agreed that he would
accept the imposition of conditions on the licence to this effect. A
condition could be added regarding public notice.
g) Concerns were raised regarding parking control and the cost of
stewarding it. Mr Coles stated that events were not organised by Holt Hall
and the cost was borne by the organisers. For the forthcoming Dubs at
the Hall event, parking would be organised by the Sports Club and
monitored by security staff on the gate. However, nothing could be done
to prevent people parking on the road.
h) With regard to crime and disorder issues, Mr Coles stated that he had
already agreed to the conditions required by Norfolk Constabulary. Mr
Grover stated that he was aware of the problems experienced by local
residents over a number of years, including those arising from the
Football Club. There was a route through the private road to the town and
this was a matter which could be investigated. In answer to a question
from the public Mr Grover stated that he was not sure if there were police
patrols on the estate but he would make enquiries. The proposed
conditions required an event management plan to be submitted for each
event, one of the requirements being a statement as to how the perimeter
would be patrolled. This would be the event organiser‟s responsibility. In
the event of problems, local residents should contact the Licensing
Authority and the Police.
i) In answer to a question by the Legal Advisor, Mr Coles stated that
conditions attached to the licence, if granted, could be written into the
terms and conditions of the contract with event organisers. Event
organisers had to pay a deposit to cover damage and hold £5m public
liability insurance.
j) In answer to a question from an objector, the Licensing Manager
explained the difference between a Temporary Events Notice and a
permanent Premises Licence. A permanent licence was better in terms of
control as it imposed a set of rules which were known to all beforehand.
A TEN gave licensing authorities limited powers to set conditions and was
not subject to public consultation, unlike a Premises Licence. Nonadherence to the conditions of a Premises Licence could lead to
sanctions. The Legal Advisor stated that in the event of problems, the
community could request a review of the licence. A meeting would then
be set up to review the issues and possible revocation of the licence.
Criminal proceedings could also take place if necessary. The first point of
contact was the licensing authority, in this case NNDC.
Mr Grover stated that approval would bring Holt Hall under the protection
and security of a permanent licence and allow control to be exercised
over issues which were of concern to local residents. It would require
event organisers to submit for prior approval an event management plan
which would be scrutinised by the Safety Advisory Group, which brought
together representatives from responsible authorities.
He did not
consider that Holt Hall would become a festival venue, as was feared by
some residents. The onus of responsibility would be on the licence holder
to be in control at all times.
k) An objector expressed concern regarding control of noise levels at the
perimeter of the site. The Environmental Protection Officer stated that the
Dubs at the Hall event would take place under a TEN and he would give
guidance to the organisers regarding location and orientation of speakers.
If a Premises Licence were granted a noise limit would be set for the
boundary of the site. He stated that his comments had not been included
Licensing Sub-Committee
7
3 July 2013
l)
m)
n)
o)
p)
in the agenda and outlined the conditions required by Environmental
Health.
In response to a question by Mr R Shepherd, Mr Coles stated that it had
been suggested that the maximum number of people on site should be
2,500. Approximately 3,000 people had attended a recent Fairy Fair
event.
Mr B Jarvis considered that residents‟ concerns had been brought about
by bad experiences due to lack of control under TENs. He asked the
objectors if they considered that there would be more controls under a
Premises Licence. An objector expressed doubt as to whether the
applicant would be able to prevent more than 2,500 people entering the
site, nor control noise at the borders of the site unless someone was
present to keep the noise levels down.
Mr Coles stated that he was trying to improve the relationship between
Holt Hall and its neighbours. He did not wish to attract complaints for
reputational and resource reasons. He hoped that putting effort into
controls up front would allay fears and help people to see that he did not
intend to run a music event venue. Consideration was being given as to
whether there should be any more Dubs events.
An objector suggested setting up a Residents‟ Association to liaise with
Mr Coles. Mr Coles welcomed the suggestion. The Legal Advisor
advised that it would be difficult to impose such a condition.
An objector stated that it was felt the present situation was broken and
needed fixing, and that this was a way forward, a different approach and
worth trying.
There being no further questions and the applicant having no further
statement to make, the Chairman stated that the Sub-Committee would retire
to consider this matter. The Legal Advisor would accompany the Members to
advise on the conditions but would take no part in making the decision.
The Sub-Committee retired at 11.45 am and returned at 12.30 pm.
The Chairman stated that Sub-Committee was of the view that the applicant
wanted to raise income at Holt Hall and that the granting of a licence would
enable the venue to hold weddings and other events. His intention was not to
overshadow the primary function of Holt Hall as an educational venue, but it
was an ancillary way of obtaining a much needed income stream. He
appeared committed to running the premises in a controlled and responsible
way and to maintain a good relationship with those living nearby.
The Sub-Committee had considered the views of the „other persons‟ and
Responsible Authorities and found that there were concerns about how noise
would be controlled at the venue and its impact upon nearby neighbours.
The Sub-Committee had considered only the relevant representations. It had
disregarded any comments which did not assist with considering the likely
effect of grant of the premises licence on the promotion of the licensing
objectives such as the venue primarily being an education centre.
The Sub-Committee had balanced the need of the applicant with the needs of
other persons and the responsible authorities which made representations.
RESOLVED
That the licence be granted subject to the following conditions:
Licensing Sub-Committee
8
3 July 2013
1. The mandatory conditions applicable under the Licensing Act 2003.
2. The conditions consistent with the operating schedule and the three
conditions proposed by Norfolk Constabulary, and agreed by the
applicant, detailed on Page 39 of the Licensing Manager’s report.
3. The imposed conditions:
Condition 1 : The Licensee/ Designated Premises Supervisor shall ensure
that no nuisance is caused by noise emanating from the premises or by
vibration transmitted through the structure of the premises.
Condition 2 : The premises shall be arranged to minimise the risk of noise
nuisance to nearby properties.
Condition 3 : Noise emanating from the premises as a result of licensable
activity as measured 1 metre away from any residential dwellings shall not
exceed a set limit to be determined and put in writing by North Norfolk
District Council‟s Environmental Health Department.
Condition 4 : External events must not continue beyond 23.00 hours
without prior approval of the Licensing Authority
Condition 5 : The Designated Premises Supervisor or a nominated
representative shall receive and respond to complaints throughout the
duration of all noisy events and will have full control at all times over the
sound amplification.
Condition 6 : The Designated Premises Supervisor or a nominated
representative shall have full control at all times over the sound
amplification equipment. The volume shall be adjusted according to the
requirements of the Licensing Authority/Responsible Authority.
Condition 7 : The specification and orientation of all loud speakers shall
be agreed with the Licensing Authority/ Responsible Authority.
Condition 8 : A designated premises supervisor or nominated
representative shall ensure that no nuisance is caused by noise
emanating from the premises by implementing a Self -Policing Policy
which shall include sound checks inside and out.
Condition 9 : Prominent clear notices shall be displayed at all exits
requesting customers to respect the needs of local residents and leave
the premises and the area quietly.
Condition 10 : A prominent clear notice shall be displayed at all entrances
at least 7 days prior to any event where it is anticipated that over 200
persons will be attending, informing members of the public of such event
and displaying a contact telephone number of a responsible person who
can be contacted during such event.
These conditions are considered necessary and proportionate to address
concerns relating to the objective of prevention of public nuisance.
Licensing Sub-Committee
9
3 July 2013
5.
EXCLUSION OF PRESS AND PUBLIC
RESOLVED
That under Section 100A(4) of the Local Government Act 1972 the press
and public be excluded from the meeting for the following items of
business on the grounds that they involve the likely disclosure of
exempt information as defined in paragraph 1 of Part I of Schedule 12A
(as amended) to the Act.
6.
APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE OR
PRIVATE HIRE VEHICLES IN NORTH NORFOLK (WK/130019025)
Mr B Jarvis had to leave the meeting prior to consideration of this matter. Mrs
A Claussen-Reynolds took his place on the panel.
Present: Applicant
The Chairman introduced the Sub-Committee and Officers. The Legal
Advisor outlined the procedure to be followed. She explained that, after
hearing the representations on this matter, the Sub-Committee would retire to
make its decision. She would accompany the Sub-Committee to provide legal
advice and assistance in formulating its reasons but would not take part in
making the decision. The Sub-Committee needed to be satisfied that the
Applicant was a fit and proper person to drive a hackney carriage or private
hire vehicle in North Norfolk.
The Licensing Manager stated that the applicant had a conditional offer of
employment from a local taxi firm. Checks had been carried out and two
positive references had been supplied by the applicant. However, the
Disclosure and Barring Check had revealed a matter which the SubCommittee needed to consider. The original document was passed to the
Sub-Committee.
The Chairman invited the applicant to put his case.
The applicant explained the circumstances that led to his conviction for
harassment, which had occurred at a bad stage in his life involving loss of his
job and matrimonial breakdown. He had acted in the way he did to protect his
children. He had stuck to the rules and had been awarded custody of his two
children. The younger child still lived with him and the elder, who was now
16, with the child‟s mother.
Mr R Shepherd asked if the applicant had any experience of driving the
public. The applicant stated that he had sometimes driven a mini-bus for his
father for works outings. He was hard working and physically fit. He was just
trying to make a living to look after his family. He now had a new partner who
also had children.
In answer to a question by Mrs Claussen-Reynolds, the applicant confirmed
that the offence of which he had been convicted had been verbal in nature,
over a two-week period, and he was now on speaking terms with the person
concerned and with his former wife.
Mr R Reynolds asked the applicant if he had a clean licence and if he had a
good relationship with the public. The applicant stated that he had received
Licensing Sub-Committee
10
3 July 2013
points on occasions, and had held a licence since he was seventeen. He
belonged to a rugby club.
The applicant had nothing further to add to his case.
The Sub-Committee retired at 1.00 pm to consider its decision and returned
at 1.08 pm.
The Chairman stated that the Sub-Committee considered that the applicant‟s
offence had occurred at a difficult time in his life in a domestic setting, and
was a one-off incident which was not typical of the applicant‟s behaviour. The
Sub-Committee was satisfied that the applicant was a fit and proper person to
drive a taxi in North Norfolk.
RESOLVED
That the application be approved.
The meeting concluded at 1.10 pm.
__________________________
Chairman
Licensing Sub-Committee
11
3 July 2013
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing and Appeals Sub-Committee held on 25
September 2013 in the Council Chamber, Council Offices, Holt Road, Cromer at
10.00 am.
Sub-Committee
Mr P High (Chairman)
Miss B Palmer
Mr R Reynolds
Officers in Attendance:
Legal Advisor, Licensing Manager, Regulatory Officer
and Licensing Technical Administrator
Also in attendance:
1
Democratic Services Officer and Customer Service
Advisor (observing)
Press and as shown below
APOLOGIES
An apology for absence was received from Mrs L Walker. Mr R Reynolds
attended the meeting as her substitute.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None received.
4
APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE OR
PRIVATE HIRE VEHICLES IN NORTH NORFOLK (WK/130034804)
Present: Applicant
The Chairman introduced the Sub-Committee and Officers. The Legal
Advisor outlined the procedure to be followed. She explained that, after
hearing the representations on this matter, the Sub-Committee would retire to
make its decision. She would accompany the Sub-Committee to provide legal
advice and assistance in formulating its reasons but would not take part in
making the decision. The Sub-Committee needed to be satisfied that the
Applicant was a fit and proper person to drive a hackney carriage or private
hire vehicle in North Norfolk.
The Licensing Manager reported that the applicant had submitted his
application without attending a preliminary interview when the procedures for
applying for a licence would have been explained to him. In completing the
application form, the applicant had not included his criminal convictions.
However, the Enhanced Disclosure and Barring Service check (DBS) had
revealed a number of matters which the Sub-Committee would need to
consider. A certified copy of the DBS report was circulated to the SubCommittee. Whilst there were no driving or medical issues of concern, the
Licensing Manager was unable to issue an automatic licence because of
other issues which had been revealed. The applicant had a conditional offer
of employment from an established taxi firm in the District.
Licensing Sub-Committee
12
25 September 2013
The applicant explained that he had followed the procedures as he had been
advised to do by a third party. He stated that he had driven HGVs all his
working life.
In response to questions by the Sub-Committee, the applicant explained that
his convictions related to matrimonial matters and he had not included his
convictions on the form as he was ashamed of them. The offences were only
known about by his family. They had occurred 20 years ago and there had
been no incidents since then. He had not felt the need to include them.
In response to a question by the Legal Advisor, the applicant explained that
he was in contact with his children, who were in their late 20s, and he was
shortly to become a grandfather.
There being no further questions or statements, the Chairman stated that the
Sub-Committee would retire to consider its verdict. The Legal Advisor stated
that the Committee had to consider whether or not the applicant was a fit and
proper person to drive a taxi in North Norfolk. In doing so, Members should
consider whether they would be happy to allow someone they cared about to
travel alone with the applicant. The Sub-Committee had heard information
regarding previous convictions and had to consider the circumstances and
how they related to this application.
The Sub-Committee retired at 10.14 am and returned at 10.17 am.
The Chairman stated that whilst the Sub-Committee was concerned that the
applicant had not completed his application form correctly, the applicant‟s
explanation that his offences related to matrimonial matters was sufficient to
consider that the applicant was a fit and proper person to drive a taxi in the
District.
RESOLVED
That the application be approved.
5
APPLICATION FOR A VARIATION TO A PREMISES LICENCE SAINSBURYS, BACTON ROAD, NORTH WALSHAM, NORFOLK, NR28
9DS
Present:
For Applicant:
Sabrina Cader (Solicitor acting for applicant)
Celia Chapman (Senior Store Manager, Sainsburys)
Objecting speakers: Cllr Eric Seward (Ward Member)
Jeanette Yaxley (Local Resident)
Also present:
Paul Yaxley (Local Resident)
Brian Yaxley (Local Resident)
Alex Hurrell (Press)
The Chairman introduced the Panel and Officers. The Legal Advisor outlined
the procedure for the Hearing. She explained that, at a later stage, the Panel
would withdraw to make a decision, having regard to the four licensing
objectives outlined on page 1 of the report. She would accompany them to
Licensing Sub-Committee
13
25 September 2013
provide legal advice and to assist them to formulate their reasons but would
not take part in the making of the decision.
The Licensing Manager explained the purpose of the application which sought
to vary the premises licence held by Sainsburys for its store on Bacton Road,
North Walsham, to allow alcohol to be sold to the public between 0700 hours
and 2300 hours throughout the week, and between 0600 hours and 2400
hours over the Christmas and Easter periods, and outlined the key points for
consideration. Some of the issues raised by the objectors related to planning
matters which were separate from the licensing issues being considered at
this meeting.
In response to a question by Cllr E Seward, a local Member, the Licensing
Manager explained that whilst under current law it was permissible for stores
to trade 24 hours a day, this was not current practice. Permission was not
sought for the sale of alcohol 24 hours a day and to extend this beyond
permitted hours would require a further application or submission of a
Temporary Events Notice.
The Solicitor acting on behalf of the applicant put the applicant‟s case. She
stated that there were three elements to this application. Firstly, the applicant
currently traded from 0730 hours on Friday and Saturday, whereas its licence
allowed the sale of alcohol from 0800 hours. It therefore sought to extend the
hours to allow early morning customers to purchase alcohol with their
shopping, with added flexibility should the opening hours change in the future.
Secondly, the applicant sought to vary seasonal hours during which alcohol
could be sold as the store traded longer over these periods. The applicant
had traded in this way for several years under Temporary Events Notices
(TENs) and had attracted no objection from the Police or Environmental
Health. In some parts of the country the Police had indicated a preference for
permanent licences.
Thirdly, the store currently traded under the Licensing Act 1964 which
imposed no conditions. The applicant sought to update its licence to meet the
Licensing Objectives.
Referring to the objections raised, the Solicitor stated that there was no
immediate intention to extend trading hours. She did not have details of the
planning restrictions, but these would override any licensing restrictions and a
planning application would need to be submitted to vary them. The reason for
the application was to regularise the current situation and make permanent
the seasonal hours instead of submitting a TEN each time.
With regard to crime and disorder issues, the Solicitor stated that there was
no reason to suggest that alcohol problems in the town were attributed to the
store. The store canteen was used as a base by the Police. The Police had
raised no issues in respect of crime and disorder. Sainsburys had adopted
“Challenge 25” and all staff members had to undergo training in that policy
and the store had a good record in terms of „mystery shopper‟ checks by
Head Office. The Council always had the power to review a licence.
The Solicitor stated that the door to the store manager‟s office was always
open and invited residents to talk to Sainsbury‟s if there was a problem. She
requested that the variation be granted on the basis that there was no
Licensing Sub-Committee
14
25 September 2013
evidence to suggest that such a variation would undermine the licensing
objectives.
In response to a question by Cllr Seward, the Solicitor confirmed that in the
event of Sainsbury‟s wishing to trade beyond the hours stated in the planning
conditions, an application would be made to vary the planning conditions.
She added that Sainsbury‟s was not in the business of flouting planning
conditions. Cllr Seward handed a copy of the 2003 planning permission to
the Sub-Committee.
In response to a question by Cllr Reynolds, the Solicitor stated that she did
not think the Police came into the store because they anticipated trouble.
They used the canteen as a base so their presence was known in the local
area.
The Senior Store Manager stated that the store had a good relationship with
the Police and hoped that it would stand the store in good stead if the Police
were needed. She explained that the Police canteen had closed in North
Walsham and Sainsbury‟s had offered them an alternative facility. It was also
a deterrent to see a police car on the car park.
Cllr Reynolds referred to comments made by the Solicitor regarding the
preference of other constabularies for permanent licences and stated that he
would be interested to hear Norfolk Constabulary‟s views on this issue.
Cllr High referred to a suggestion in representations made by Cllr Lloyd that
there had been movement at the store at 3 am. The Senior Store Manager
explained that at the suggestion of Head Office, front door deliveries had
been trialled as the time restriction only applied to the delivery yard. This had
taken place in July and had been intended to be a silent operation. However,
this had proved not to be the case. The Senior Store Manager assured the
Sub-Committee that it would not happen again going forward.
The objectors put their case. Cllr Seward stated that he and Cllr Lloyd lived in
Bacton Road and Mundesley Road respectively and were periodically subject
to some level of late night noise and antisocial behaviour.
Supermarkets created noise through customer movements and deliveries,
which if carried out at night could cause public nuisance. This was an edge of
town store with a garage. It was a major service provider in the town, the only
filling station and a major employer. Cllr Seward and his family were regular
users of the store.
Cllr Seward referred to the planning restrictions placed on the store. The
reduction in noise when the store was closed was noticeable, even when the
filling station remained open. He stated that there was no objection to the
sale of alcohol at 7 am and he agreed with the applicants that it was
frustrating for customers if they went into the store and were unable to
purchase alcohol. However, there were objections to the proposed seasonal
opening hours. He referred to guidance issued to Licensing Authorities
regarding public nuisance and stated that the Sub-Committee could refuse
this application if it considered that nuisance could be caused.
Cllr Seward stated that he had had correspondence with the local Police
Inspector and had raised the question of what would happen if alcohol were
Licensing Sub-Committee
15
25 September 2013
sold at midnight. The Police response had been that policing would not be
altered unless there was evidence of additional crime and disorder.
He referred to the trial of front door deliveries and considered that it had been
a deliberate way to get round the planning restrictions and it was not
responsible behaviour from a responsible company.
Cllr Seward stated that the Town Council had agreed not to object to the
application but would object to extended opening hours.
Cllr Seward had spoken to 18 households in the immediate vicinity of the
store, most of whom had not seen the notice in spite of it being posted at the
front of the store and in the press. 17 of those households were aghast at the
proposal and one was not concerned. He circulated a list of addresses he
had surveyed.
In relation to crime around the store, Cllr Seward stated that in early 2012
Sainsbury‟s car park had become a priority because of the congregation of
youths and their cars on the car park at night. The store was a major supplier
of cheap alcohol, which was purchased by over 18s and taken to parties.
Whilst this was not a regular occurrence, it did cause considerable
disturbance to local residents and it was not true to say there was never any
trouble. He referred to two incidents which were known to the Police. He had
found a Sainsbury‟s till receipt amongst the rubbish he had cleared after one
such incident.
Cllr Seward stated that there was no objection to the opening hours but he
could see no need for the licensing hours to be extended to midnight during
the Christmas and Easter periods. He considered that this would interfere
with the peaceful enjoyment of residents within the vicinity of the store.
Jeanette Yaxley spoke on behalf of her father-in-law, Brian Yaxley, who lived
in the immediate vicinity of the store. Mr Yaxley was currently recovering
from a serious illness. Whilst Sainsburys had not caused his illness, she
considered that the activities with regard to deliveries had been a very big
factor. She stated that talking to the store had not been beneficial and it was
only when Environmental Health became involved that any action was taken.
She considered that the misery caused to Mr Yaxley over several months of
being woken at 3am each morning was relevant to this hearing. Historically
he had had problems with noise from the car park but this had been
addressed by the installation of a gate. She considered that there would be
more noise if the store were to open for longer and she did not want Mr
Yaxley‟s health to be affected further. She was concerned that this
application was a back door route to longer opening hours in the future.
There being no further questions, the applicant‟s Solicitor made her closing
statement. She stated that the notice had been served appropriately and the
notice posted in accordance with statutory regulations. The only objections
were those before the Committee and the concerns of those who had not
submitted objections could not be considered in the same way. The Police
had found no reason to object to this application. Planning and Licensing
were separate regimes. This application was not a back door attempt to
extend the opening hours. If it were the intention to extend the opening hours
in the future, a planning application would be submitted and residents could
object to it. However, there was no intention to do so and the trading hours
would remain as they were.
Licensing Sub-Committee
16
25 September 2013
The Solicitor acknowledged that there was a problem when people took
alcohol to parties, but if a customer were of legal age and not intoxicated
there was no reason to refuse a sale. What they did with the alcohol away
from the store was not within the Company‟s control. The Police had not
brought any matters to their attention.
The Solicitor apologised for the problems caused by deliveries. Deliveries
were subject to a planning restriction and the Company would adhere to the
restriction.
In response to concerns raised regarding the seasonal extension, the Solicitor
offered to concede the extension to midnight and acknowledged that Mr
Yaxley had suffered enough. The hours now being requested were for the
sale of alcohol from Monday to Sunday from 0700 hours to 2300 hours, and
from 0600 to 2300 for the Christmas and Easter periods.
The objectors indicated that this was acceptable.
The Chairman stated that the Sub-Committee would retire to consider this
matter. The Legal Advisor would accompany the Members to advise on the
conditions but would take no part in making the decision.
The Sub-Committee retired at 11.58 am and returned at 12.15 pm.
The Chairman stated that the Sub-Committee had listened to all parties. The
objectors had explained that they had experienced disturbance, although not
necessarily linked to alcohol sales. The applicant, having heard from the
objectors, had amended the seasonal times and the objectors had indicated
that they were acceptable. The Sub-Committee found that the application
now met the licensing objectives.
RESOLVED
That the application be granted subject to the seasonal hours being
amended as follows:
The sale of alcohol from and including the day 14 days before
Christmas Day, Christmas Day and up to and including the day 7 days
after Christmas day inclusive each year will be between the hours of
0600 and 2300.
The sale of alcohol from and including the Monday prior to Good Friday
up to and including the Sunday following Easter Monday inclusive each
year will be between the hours of 0600 and 2300.
The meeting concluded at 12.26 pm.
__________________________
Chairman
Licensing Sub-Committee
17
25 September 2013
Licensing and Appeals Committee
11 November 2013
Agenda Item No_____6_______
LICENSING ACT 2003 – REPORT COVERING 2012-13
Summary:
This report provides an overview of the operation of
the Act during the past 12 months.
Conclusions:
The vast majority of licensed premises in North
Norfolk are well run providing a valuable amenity for
the local area and in support of the tourism
economy. The economic climate continues to have a
significant adverse effect on many licensed
businesses.
Recommendations:
That Members note the report and support current
monitoring activities, liaison groupings and
compliance initiatives
Cabinet member(s):
Ward(s) affected:
Councillor John Lee
All
Licensing Committee Chairman
Councillor Richard Price
Contact
Officer,
number, and e-mail:
telephone Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
1.
Introduction
1.1.
The Licensing Act 2003 became operational on 24 November 2005 when North
Norfolk District Council assumed full responsibility as the licensing authority for
the sale of alcohol and regulated entertainment in North Norfolk.
1.2.
Officers have prepared an annual report, in line with that prepared in previous
years, covering the period Nov 2012-Oct 2013. (Appendix A).
18
APPENDIX A
NORTH NORFOLK DISTRICT COUNCIL
Alcohol and Entertainment Licensing
Report on the Licensing Act 2003
For 2012/2013
Prepared by: Chris Cawley (Licensing Manager)
Authorised by: Steve Hems (Head of Environmental Health)
November 2013
Licensing Team 01263 516189
Environmental Health Department
Council Offices licensing@north-norfolk.gov.uk
Holt Road
Cromer www.northnorfolk.org
NR27 9EN
1
Introduction
As in previous years this report is intended to give an overview of the impact of the Act and
licenced premises in North Norfolk over the past year 2012/13. North Norfolk District Council
has been the licensing authority for alcohol and regulated entertainment licences in North
Norfolk since November 2005
2
2.1
Licences in North Norfolk
Licence Transaction Processing
The Councils Licensing web pages are fairly comprehensive and regularly updated to facilitate
self-help with licensing issues. The register of licensed premises on the website gives a
comprehensive summary of the licences including those recently surrendered or suspended.
As in previous years the vast majority of applications for new licences and variations to existing
licences received during the period have been unopposed and issued by officers under
delegated authority. The 5 opposed cases have been considered and determined at Licensing
Sub-Committee hearings.
Applications for new Personal Licences, changes of address, replacement licences etc continue
to be processed. Since Personal Licences are held in the District in which they were first issued
(irrespective of the present residence or workplace of the holder) although there is 1548
Personal Licences on the register this does not reflect the current Personal Licence holders
resident or active in the District.
19
APPENDIX A
2.2
Profile of Licensed Premises
Total number of Licenced premises
Licenced to sell alcohol
Licenced for regulated entertainment
Licenced to serve late night refreshment
Licensed to trade 24/7
Nov 2012
number % of
total
567
100
488
86
351
62
187
33
208
37
Nov 2013
number % of
total
564
100
489
87
355
63
186
33
176
31
2.3 Resource and Revenue aspects
Given the increasing demands from other aspects of licensing the proportion of time and
resource available for alcohol and entertainment licensing processing has come under
increasing pressure over the past year. Improvements to the service and efficiency savings
have been made where possible by the licensing team and customer services officers in the
Council. An increasing number of licensing transactions have been applied for on line following
development of the Government electronic licensing portal. It is no longer necessary for
applicants to register with businesslink before using the portal.
Revenue income has been collected during licence processing according to the fees set by
Central Government. In addition licensed premises pay an annual fee for every year in which
the premises licence continues in force. These fees have not changed since the Act was first
introduced in 2005 and do not reflect the realistic costs of the licensing service.
Collection of these fees (previously administered in the Sundry Debtors section of the Council)
has now been taken over by officers in the Licensing Team. Failure to pay annual fees on time
now can result in licence suspension by Council officers. This is proving to be a more effective
and cost efficient way of collection than the previous civil debt sanctions.
The Government has stated its intention that licensing authorities will be able to set their own
fees for alcohol and entertainment licences. However the timetable for this has slipped and it is
anticipated that changes in the law to enable this will not take place till 2014. Local authorities
will therefore not be setting fees till the financial year 2015/16.
3 Licensing Policy and impact
The District Council reviewed and updated its Licensing Policy in December 2010 and all
applications received have been processed in accordance with that Policy. The Licensing Act
2003 was based on four principle points and the impact of licensed premises in North Norfolk
has been assessed according to these principles namely:The prevention of crime and disorder.
The prevention of public nuisance.
The protection of the public.
The protection of children from harm.
20
APPENDIX A
3.1 The prevention of crime and disorder
Incidents of crime and disorder associated with licensed premises continue to be related to a
relatively few venues in the towns. An increasing trend in recent years, more incidents are
related to consumption of alcohol at home or in public open spaces (which has been bought
sometime previously) prior to individuals visiting on-licence establishments.
3.2 The protection of the public
There have been no general safety complaints relating to safety at licensed premises in the
period. Safety inspections of premises on a risk assessed basis have continued to be
undertaken by officers of the Environmental Health Commercial Team. Officers of the Fire
Service have also made inspections but, given changes in fire safety law, permitted numbers
and other aspects of fire Safety are not primarily dealt with under the provisions of the
Licensing Act.
The range and variety of outdoor events held across the District continues to develop as does
the type and frequency of entertainment on offer. Many of these events (noticeably firework
displays; fetes and some concerts) are not licensable. Monitoring of public events generally is
now being undertaken by the relevant authorities working together through the North Norfolk
Safety Advisory Group.
3.3 The prevention of public nuisance
There continue to be complaints of noise nuisance from certain licenced premises. Noise
nuisance has 2 aspects:
Noise from entertainment at the premises escaping from the building
Noise from patrons outside the premises. This includes noise from patrons coming and
going but is also influenced by patrons congregating outside certain premises to smoke
Given the increasing deregulation of musical entertainment from the licensing provisions the
ability to set conditions on licences to prevent noise nuisance is becoming difficult. Preventative
advice, investigations and enforcement action have been undertaken by officers in the
Environmental Protection Team of the Council as appropriate under the provisions of the
Environmental Protection Act.
3.4
The protection of children from harm
Under age sales of alcohol
The Norfolk County Council Trading Standards Department monitor this activity. As a result of a
series of test purchases in the Holt area one Personal Licence Holder has been prosecuted for
making under age sales.
Morality and safety matters
As in previous years, cinema, theatre, wrestling and other adult entertainment across the
district are not considered to be a problem. Despite venues regularly providing this type of
entertainment, no complaints have been received by the Council
Children as performers at licensed venues - no complaints have been reported.
21
APPENDIX A
3.5
Issues Raised
Loss of Established Licensed Premises
A number of established licensed premises have closed during the year. This echoes a national
picture and a trend in recent years. Several others are currently up for sale. Former public
houses are now converted to other uses. However there have also been new outlets becoming
licensed as a way of diversifying business especially as wedding or party venues.
Some of the new microbreweries established across the District now sell alcohol by retail
The statistics do not reflect the changes taking place in many local communities losing their
traditional pub; convenience store off-licence or similar venue.
Late night takeaways
These have generally not been a problem during the year.
Temporary Events and Raves
The vast majority of the 300 notified temporary events have taken place without incident or
complaint. Changes to the TEN system mean greater flexibility for applicants but have
broadened the control over such events. More venues previously relying on TENs having
events on a regular basis have now obtained premises licences.
There was a significant unlicensed musical event (often referred to as a rave) during the year
on private land in Swanton Abbot in North Norfolk. This resulted in police taking action.
However there was serious injury caused to a participant
Wedding venues
There has been a growth in premises operating as wedding venues in North Norfolk over recent
years. The more commercial venues have premises licences but others have relied on
Temporary Event Notices. Given the size and frequency of such events at some venues then
noise nuisance has been a problem resulting in an increasing number of reports and
complaints. Officers have proactively engaged with venue owners and event organisers to
establish an improved framework for such events and are monitoring the impact of such
venues.
Village Halls, sports clubs and similar venues
Greater use is being made of these types of venue often for private functions. An increasing
number of reports and complaints have involved these venues in recent years generally
following a hiring to third parties without adequate control or supervision. Many management
committees and individuals involved in running these types of venue continue to be unclear
about the licensing implications or do not have the framework in place to achieve adequate
control. Officers continue to offer advice and guidance and are monitoring the impact of such
venues.
22
APPENDIX A
4
Compliance monitoring and Enforcement issues
4.1 Proactive inspections and surveys
As reported previously, routine checks on licenced premises for compliance with conditions are
not undertaken. Initial inspections are undertaken by officers as part of new licence application
or variation application determinations wherever possible. A risk based inspection programme
of premises in North Norfolk is undertaken by officers of the Council’s commercial team in
respect of food hygiene and for heath & safety matters including smokefree compliance. In
practice the amount of work undertaken on Licence compliance monitoring and enforcement
has reduced in recent years.
4.2 Reactive investigations
Investigations of reports and complaints relating to licenced premises or alleged unlicensed
activities received by the Council have been investigated by appropriate officers. Action has
been taken as necessary under appropriate legislation to secure compliance. Other complaints
have been passed to the relevant responsible authority for possible action.
No Closure Notices have been served or prosecutions taken under the Licensing Act 2003 in
respect of licensed events in North Norfolk.
There have been No Review applications during the period
4.3 Joint working
As in previous years joint visits to premises have been undertaken on a case basis where
particular circumstances have warranted intervention by more than one of the responsible
authorities. These have been undertaken during nighttime trading hours as well as daytime as
appropriate. Intervention meetings with particular Licence holders and their advisers have taken
place in respect of problem venues. This has led to successful outcomes through negotiation
and education without formal enforcement action being needed.
5
Liaison and consultation issues
5.1
Nationally
Various consultations on possible revisions to licensing law were undertaken by Central
Government in 2011 and changes to the Law affecting licensed premises have been introduced
in stages since.
Key changes to the Licensing Act during the past year
Deregulation now means no licence is required for the following activities to the extent that they
take place between 08:00-23:00 on any day:
a performance of a play in the presence of any audience of no more than 500 people
an indoor sporting event in the presence of any audience of no more than 1,000 people
most performances of dance in the presence of any audience of no more than 500
people; and
live music, where the live music comprises:
o a performance of unamplified live music
23
APPENDIX A
o
o
a performance of live amplified music in a workplace with an audience of no
more than 200 people; or
a performance of live music on alcohol licensed premises which takes place in
the presence of an audience of no more than 200 people, provided that a
number of important conditions are satisfied.
Recent national consultations
The Government is continuing with the deregulation agenda and has 2 recent consultation
exercises
Personal Alcohol Licences: enabling Targeted, Local Alternatives (September
2013)
The Government are proposing to abolish the current system of Personal Licences but
provide a framework for licensing authorities to add specific conditions to premises
licences to regulate training and propriety of alcohol sellers in problem premises
Consultation on a proposal to use a Legislative Reform Order to make changes to
entertainment licensing (October 2013)
The key proposals are deregulation of a range of activities but will only apply to
activities below which are conducted between 08:00-23:00 to minimise any risk of
excess noise when the impact of noise disturbance on households is highest.
Cross-activity exemptions
The following will be exempt from entertainment licensing between
08:00-23:00 with no audience limitations:
their own premises.
schools on their own premises.
on nondomestic premises.
Live music
A performance of live amplified music in alcohol licensed premises or
in a workplace will not require specific permission where the
entertainment takes place between 08:00-23:00 and the audience
consists of up to 500 people. The present audience ceiling is 200
people.
Recorded music
Any playing of recorded music in alcohol licensed premises will not
require specific permission where the entertainment takes place
between 08:00-23:00 and the audience consists of up to 500 people.
Live and recorded music exemptions
The following events will be exempt from entertainment licensing for
live and recorded music between 08:00-23:00, where the audience
consists of up to 500 people:
• Activities held on local authority premises.
• Activities held on hospital and school premises.
24
APPENDIX A
• Activities held in community premises.
Circuses
Tented circuses will be exempt from entertainment licensing in respect of
performances of live music, the playing of recorded music, indoor
sporting events and any performance of a play or dance that takes place
between 08:00-23:00, with no audience limitation.
Greco-Roman and freestyle wrestling
Above wrestling disciplines to be exempt from licensing, with no audience
limitations, if these contests take place between 08:00-23:00.
5.2 Pub watch and Nightsafe in North Norfolk
Due to resource pressures there has been no input into these groups by council officers during
the period. Indeed the groups themselves are not meeting or functioning as effectively as they
were or perhaps need to. This is an area of work which would benefit from attention.
5.3 Local Communication and partnership links
The Licensing Forum for Norfolk has continued to meet quarterly. It brings together the
Licensing officers of the 7 District Councils, Norfolk Constabulary licensing team and
representatives of other responsible authorities. This is working very well in exchanging
information, highlighting problems and sharing training and good practice.
Relations with the Norfolk Police Licensing Team are well established and continue to operate
very well despite further reduction in resources. Work has being prioritized and targeted at
specific problem premises or issues on an intelligence led basis resulting in positive outcomes
with local licensed premises previously causing concern..
5.4 North Norfolk Safety Advisory Group
This group has met frequently over the period considering a range of public events (licensable
and non-licensable) across the district. Advice has been given to venue owners and event
organisers and good practice shared. All of these events have passed off very well.
6 Conclusions
The vast majority of licensed premises in North Norfolk continue to be well run providing a
valuable amenity for the local area, assisting the local economy and facilitating the tourist trade.
The economic climate is having a major adverse effect on many licensed businesses resulting
in closure or diversification.
Deregulation of licence activities is having an impact but it is too soon to have a clear overall
picture of this.
Problems of crime and disorder involving alcohol continue to be a problem in parts of the
District but the vast majority of this relates to alcohol originating from supermarket sales and
subsequently consumed in the home or in public places.
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11 November 2013
Agenda Item No____7_______
LICENSING POLICY for SEX ESTABLISHMENTS
Summary:
This report outlines the framework for consultation
and adoption of a policy for the consideration of,
processing and determination of applications for sex
establishment licences
Conclusions:
Recommendations:
That Members consider the matter and agree a draft
policy for consultation
Cabinet member(s):
Ward(s) affected:
Councillor John Lee
All
Licensing Committee Chairman
Councillor Richard Price
Contact
Officer,
number, and e-mail:
telephone Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
1.
Introduction
1.1.
Section 27 of the Policing and Crime Act 2009 introduced new provisions for the
regulation of lap dancing and other sexual entertainment venues by amending
the Local Government (Miscellaneous Provisions) Act 1982. The new provisions
are not mandatory and only apply where adopted by local authorities.
1.2.
The Committee considered the matter in September 2011 and Full Council
subsequently adopted the new provisions on 19 December 2012. The provisions
give the Council powers to control such establishments if any are proposed in
North Norfolk.
1.3.
Similar provisions are in place regarding Sex shops and Sex cinemas.
1.4.
To give effect to the provisions the Council needs to adopt a policy covering
these issues. Officers have prepared a draft document (based on similar policies
adopted by neighbouring authorities).
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11 November 2013
1.5.
Members are asked to consider and agree the draft which will then be submitted
for consultation - see Appendix B.
2.
Sex establishments
2.1.
As detailed in the policy document there are three types of sex establishment
recognized in legislation which the policy will cover. The following definitions are
included in the Local Government (Miscellaneous Provisions) Act 1982 as
amended.
2.2.
“Sex establishment” means a sex cinema or a sex shop or a sexual
entertainment venue
2.3.
“Sex cinema” means any premises, vehicle, vessel or stall used to a significant
degree for the exhibition of moving pictures, by whatever means produced, which
(a) are concerned primarily with the portrayal of, or primarily deal with or
relate to, or are intended to stimulate or encourage —
(i) sexual activity; or
(ii) acts of force or restraint which are associated with sexual
activity; or
(b) are concerned primarily with the portrayal of, or primarily deal with or
relate to, genital organs or urinary or excretory functions,
but does not include a dwelling-house to which the public is not admitted.
2.4.
“Sex shop” means any premises, vehicle, vessel or stall used for a business
which consists to a significant degree of selling, hiring, exchanging, lending,
displaying or demonstrating
(a) sex articles; or
(b) other things intended for use in connection with, or for the purpose of
stimulating or encouraging —
(i) sexual activity; or
(ii) acts of force or restraint which are associated with sexual
activity.
No premises shall be treated as a sex shop by reason only of their use for the
exhibition of moving pictures by whatever means produced.
2.5.
“Sex article” means —
(a) anything made for use in connection with, or for the purpose of
stimulating or encouraging—
(i) sexual activity; or
(ii) acts of force or restraint which are associated with sexual
activity; and
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11 November 2013
(b) any article containing or embodying matter to be read or looked at or
anything intended to be used, either alone or as one of a set, for the
reproduction or manufacture of any such article; and
(c) to any recording of vision or sound, which —
(i)
(ii)
2.6.
is concerned primarily with the portrayal of, or primarily deals
with or relates to, or is intended to stimulate or encourage,
sexual activity or acts of force or restraint which are
associated with sexual activity; or
is concerned primarily with the portrayal of, or primarily deals
with or relates to, genital organs, or urinary or excretory
functions.
The phrase “a significant degree” is not defined in the Act. When considering
whether or not a business is selling a significant degree of sex articles and needs
a licence the following matters will need to be considered:
The ratio of sex articles to other aspects of the business
The absolute quantity of sales
The character of the remainder of the business
The nature of the displays in the business
Turnover
Other factors which appear to be materially relevant
2.7.
“Sexual Entertainment Venue” (SEV) means any premises at which relevant
entertainment is provided before a live audience for the financial gain of the
organiser or the entertainer. “Relevant entertainment” means any live
performance or live display of nudity which is of such a nature that, ignoring
financial gain, it must reasonably be assumed to be provided solely or principally
for the purpose of sexually stimulating any member of the audience (whether by
verbal or other means).
2.8.
It is expected that the definition of SEV covers the following (although this is NOT
an exhaustive list)
Lap dancing
Pole dancing
Table dancing
Strip shows
Peep shows
Live sex shows
Topless bars
2.9.
The definition of SEV allows exemptions where relevant entertainment is
provided on not more than eleven occasions within the period of 12 months and
no such occasion lasts for more than 24 hours. Such premises will continue to be
regulated under the provisions of the Licensing Act 2003.
2.10. “Premises” includes any vessel, vehicle or stall but does not include a private
dwelling to which the public are not admitted
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2.11. “Display of nudity” means —
(a) in the case of a woman, exposure of her nipples, pubic area, genitals
or anus; and
(b) in the case of a man, exposure of his pubic area, genitals or anus.
3.
The consultation process
3.1.
In accordance with statutory requirements and guidance the agreed draft policy
will be sent to the following:
Representatives of any existing local businesses involved in the trade or
proposing to carry on the business of a sex establishment in the district
One or more persons who appear to the Council to represent the interests
of persons to be employed either as performers or otherwise in the
business of a sex establishment in the district
Interested parties (local residents and businesses)
District and Town/Parish Council representatives
Norfolk Police
Other authorities including Norfolk Fire service; Norfolk Trading Standards;
Planning Service, Environmental Protection Service Health & Safety team
of North Norfolk District Council; Norfolk Safeguarding Children’s Unit
3.2.
The policy will also be accessible via the Council’s website
3.3.
The consultation period will be for 12 weeks closing on17 February 2014
3.4.
Any feedback received will be reported to Committee on 10 March 2014, who will
be asked to agree a final policy to be recommended to Full Council on 30 April
2014 for adoption.
3.5.
The policy would take effect from 1 May 2014.
4.
Application fees
4.1.
The application fees for sex establishment licences for the current financial year
have been set by the Council. However, together with all other licensing fees set
by the Council they are be reviewed as part of the current budget setting process
and may be revised. In considering the level of fee to be set the Council will have
regard to statutory guidance and recent case law.
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APPENDIX B
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NORTH NORFOLK
DISTRICT COUNCIL
Local Government (Miscellaneous Provisions) Act 1982
Statement of Licensing Policy
for
Sex Establishments
North Norfolk District Council
Council Offices
Holt Road
Cromer
NR27 9EN
Telephone: 01263 516189
E-mail: licensing@north-norfolk.gov.uk
www.northnorfolk.org
Approved by Licensing Committee on:
Approved by Council on:
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Preface
This Statement of Licensing Policy sets out the Council‟s requirements for premises
to be licensed as sex establishments within the meaning of schedule 3 of the Local
Government (Miscellaneous Provisions) Act 1982 (as amended), hereafter referred
to as the „Act‟.
Section 2 of the Act provides that local authorities may resolve that schedule 3 will
apply to their area, which has the effect of requiring premises operating as sex
establishments in that authority‟s area to be licensed. Adoption of schedule 3 also
allows the Council to set terms and conditions and fees for the grant, renewal,
transfer and variation of such licences and the number of licences that may be
issued in the area, including nil.
Any comments on the contents of this policy should be sent to:The Licensing Manager
North Norfolk District Council
Holt Road
Cromer
Norfolk
NR27 9EN
or by e-mail to licensing@north-norfolk.gov.uk
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Table of Contents
Paragraph
Subject
Page
Foreword
4
1.0
Introduction
5
2.0
Consultation
5
3.0
Definition of „Sex Establishment‟
6
4.0
Location of Licensed Premises
6
5.0
Making an Application
6
6.0
Grant, Renewal or Transfer of Licences
7
7.0
Variation of Licences
7
8.0
Objections
7
9.0
Determining Applications
8
10.0
Conditions
8
11.0
Refusal of Licences
9
12.0
Revocation of Licences
10
13.0
Cancellation of Licences
10
14.0
Complaints
11
15.0
Enforcement
11
16.0
Exchange of Information
11
17.0
Administration
11
Annex A
Application Requirements
13
Annex B
Example of Public Notice
16
Annex C
Standard Conditions
17
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Foreword
North Norfolk District Council, hereafter referred to as the Council is situated in the
County of Norfolk. The Council‟s area has a population of 101,499 (2011 Census). In
terms of area it covers 991.97 square kilometres (383 square miles). The Council‟s
area is mainly rural. These areas are shown in the map below.
The Council currently has no premises licensed as sex establishments.
This „Statement of Licensing Policy‟ sets out the policy the Council will generally
apply when making decisions on applications for Sex Establishment Licences. It also
sets out information about the application process, what is expected of applicants
and how people can make objections about applications. It also sets out the types of
controls that are available to the Council when decision are made about licence
applications and explains what action will be taken if complaints are received.
The policy should be read in conjunction with, and without prejudice to other existing
legislation including the Human Rights Act 1998 and the Equality Act 2010.
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1.0
Introduction
1.1
The Council resolved to apply Schedule 3 of the Act on the ‘DATE’ 1982?,
providing that anyone wishing to operate a „sex establishment‟ within the
district must first obtain a licence from the Council.
1.2
The Council resolved to adopt the provisions introduced by Section 27 of the
Policing & Crime Act 2009 on the 19th December 2012 with a commencement
date of the 1st April 2013.
1.3
This Statement of Licensing Policy for Sex Establishments sets out the
Council‟s requirements for premises to be licensed as „sex establishments‟
within the meaning of the Act (as amended).
1.4
Readers are strongly advised to seek their own legal advice if they are unsure
of the requirements of the Act or schedules issued under the Act.
2.0
Consultation
2.1
Consultation on this policy took place with:
The Chief Officer of Norfolk Constabulary
One or more persons who appear to the Council to represent the interests
of persons carrying on or proposing to carry on the business of a sex
establishment in the district
One or more persons who appear to the Council to represent the interests
of persons to be employed either as performers or otherwise in the
business of a sex establishment in the district
One or more persons who appear to the Council to represent the interests
of persons likely to be affected by or otherwise have an interest in the
policy including the Planning Authority, Fire Authority, Community Safety,
Environmental Protection and Child Protection
Interested parties such as resident associations, trade associations and
others as considered appropriate.
Ward Councillors
Town and Parish Councils
2.2
The Licensing Authority will give due weight to the views of those consulted
and the policy can be amended as appropriate. In determining what weight to
give particular representations, the factors to be taken into consideration will
include:
Who made the representation and what was their expertise and interest
How many other people expressed the same or similar views
How the representation related to the matters the Council should include
in its policy.
2.3
A full consultee list, comments received and the Council‟s considerations can
be obtained by email to licensing@north-norfolk.gov.uk
2.4
The policy is published via the Council‟s website at www.northnorfolk.org
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3.0
Definition of ‘sex establishment’
3.1
A „sex establishment‟ is defined under the Act as a „sex shop‟, a „sex cinema‟
or a „sexual entertainment venue‟. Full definitions of those terms can be found
in Schedule 3 of the Act.
3.2
It includes any premises, vehicle, vessel or stall used as a sex establishment
but does not apply to the sale, supply or demonstration of articles which are
manufactured for use primarily for the purposes of birth control or primarily
relate to birth control.
4.0
Location of Licensed Premises
4.1
The Council acknowledges that a concentration of licensed premises in a
particular area can result in a potential fear of crime, anti-social behaviour,
noise pollution and other disturbance to residents. In such cases the amenity
of local residents can be placed under severe pressure.
4.2
The Council has not imposed a limit on the number of premises that may be
licensed in any area, and will treat each application upon its own merits.
4.3
The Council expects that applications for licences for permanent commercial
premises should be from businesses with planning consent for the property
concerned.
5.0
Making an application
5.1
An application for the grant, renewal, transfer or variation of a licence must be
made in writing to the Council in accordance with the requirements shown in
Annex A to this policy.
5.2
An application form is available separately and an example of a public „notice‟
for advertising is attached in Annex B.
5.3
Applications can be made in the following ways:
5.3.1 By post/personal service to:
Licensing
North Norfolk District Council
Holt Road
Cromer
Norfolk
NR27 9EN
5.3.2 Email: licensing@north-norfolk.gov.uk
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6.0
Grant, renewal or transfer of licences
6.1
The Council may grant to any applicant or renew any licence for the use of
any premises as a „sex establishment‟ on such terms and conditions as may
be specified.
6.2
A licence will remain in force for one year, or such shorter period specified in
the licence, unless previously cancelled or revoked.
6.3
The Council may, if they think fit, transfer a licence to any other person upon
application by that person.
6.4
Where an application for renewal of a licence is made before the date of
expiry of the existing licence, the licence shall remain in force until such time
as the application has been determined.
7.0
Variation of licences
7.1
The holder of a licence may apply to the Council to vary the terms, conditions
or restrictions on or subject to which the licence is held.
8.0
Objections
8.1
Objections may be made to an application by any person.
8.2
An objection must be in writing and addressed to the Licensing Manager, at
the Council stating the grounds on which the objection is made.
8.3
The Council will only consider objections that relate to the matters mentioned
in paragraph 11 below. Objections should not be based on moral grounds or
values.
8.4
Objections will only be accepted if they are made within the period of 28 days
following the date on which the application was accepted by the Council.
8.5
The Council will not consider any objection that does not contain the name
and address of the person making it.
8.6
Where objections are made the Council will provide copies to the applicant.
However, the Council will not divulge the identity of the objector/s to the
applicant without their permission to do so.
8.7
Where objections are made and not withdrawn, a hearing before a Licensing
Sub-Committee will normally be held within 20 working days of the end of the
period in which objections might be made, unless all parties agree a hearing
is not necessary.
8.8
In all cases, applicants and those making objections that are aggrieved by a
decision of the Council are entitled to appeal that decision to the Magistrates‟
Court.
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8.9
Where no objections are made, the Council may grant the licence using
delegated authority.
9.0
Determining applications
9.1
When considering applications, the Council will have regard to:
9.1.1 the Local Government (Miscellaneous Provisions) Act 1982;
9.1.2 any supporting regulations;
9.1.3 this Statement of Licensing Policy; and
9.1.4 any objections made.
9.2
This does not, however, undermine the rights of any person to apply for a
licence and have the application considered on its individual merits, nor does
it override the right of any person to make objections on any application where
they are permitted to do so under the Act.
9.3
When determining applications, the Council will take account of any
comments or representations made by:
Norfolk Constabulary;
The Council‟s Environmental Protection and Commercial Teams; and
Planning Services
Norfolk Fire Services: and
Any other relevant authority
9.4
The Council reserves the right to consult any other body that it considers
appropriate.
10.0
Conditions
10.1
The Council will attach „standard conditions‟ as specified in Annex C to this
Policy document to all sex establishment licences.
10.2
Additional conditions may be added in the following circumstances:
10.2.1 When offered by the applicant as part of the application;
10.2.2 Voluntary following recommendations made by the Licensing Authority,
Police etc;
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10.2.3 By the Licensing Sub-Committee following receipt of an objection.
10.3
Applicants who wish to be exempt from the requirements of any of the
„standard conditions‟ should state, with full reasons why they should be so
exempted, when making an application.
11.0
Refusal of licences
11.1
Except where the Council are prohibited from granting, renewing, varying or
transferring a licence, the Council will not refuse a licence without first:
11.2
11.3
11.1.1
Notifying the applicant or holder of the licence in writing of the
reasons;
11.1.2
Giving the applicant (or holder) of the licence the opportunity of
appearing and making representations before a Licensing SubCommittee.
In accordance with Paragraph 12(1) of Schedule 3 to the „Act‟ the Council
must refuse to grant or transfer a licence to:
11.2.1
A person under the age of 18;
11.2.2
A person who is for the time being disqualified from holding a
licence;
11.2.3
A person who is not resident in the United Kingdom or was not so
resident throughout the period of 6 months immediately preceding
the date upon which the application was made;
11.2.4
A body corporate which is not incorporated in the United Kingdom;
11.2.5
A person who has, within the period of 12 months immediately
preceding the date upon which the application was made, been
refused the grant or renewal of a licence for the premises, vehicle,
vessel or stall in respect of which the application is made, unless the
refusal has been reversed on appeal.
In accordance with Paragraph 12(2) of Schedule 3 to the Act the Council may
refuse:
11.3.1
an application for grant or renewal of a licence on one or more of the
grounds shown in paragraph 11.4 below;
11.3.2
an application for transfer of a licence on either or both of the
grounds shown in paragraph 11.4.1 and 11.4.2 below.
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The grounds for refusal are:
11.4.1
That the applicant is unsuitable by reason of having been convicted
of an offence or for any other reason;
11.4.2
That if the licence were to be granted, renewed or transferred the
business to which it relates would be managed by or carried on for
the benefit of a person, other than the applicant, who would be
refused the grant, renewal or transfer of such a licence if he made
the application him/her self;
11.4.3
That the number of sex establishments in the relevant locality that
the application is made is equal to or exceeds the number which the
Council considers is appropriate for that locality;
11.4.4
That the grant or renewal of the licence would be inappropriate
having regard to:
The character of the relevant locality;
The use to which any premises in the vicinity are put; or
The layout, character or condition of the premises, vehicle, vessel
or stall in respect of which the application is made.
11.5
Nil may be an appropriate number for the purposes of paragraph 11.4.3
above although the Council has not set such a figure.
12.0
Revocation of licences
12.1
The Council may revoke a licence:
12.1.1
on any of the grounds specified in paragraph 11.2 above;
12.1.2
on either of the grounds specified in paragraphs 11.4.1 or 11.4.2
above.
12.2
The Council will not revoke a licence without first giving the holder of the
licence the opportunity of appearing and making representations before a
Licensing Sub-Committee.
12.3
Where a licence is revoked, its holder shall be disqualified from holding or
obtaining a licence for a period of 12 months from date of revocation.
13.0
Cancellation of licences
13.1
The licence-holder may surrender the licence at any time and may request the
Council in writing to cancel the licence.
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13.2
In accordance with Paragraph 15 of Schedule 3 to the Act, in the event of the
death of a licence-holder, the licence will be deemed to have been granted to
his personal representatives and will remain in force for 3 months from the
date of death, unless previously revoked. The representatives must comply
with the conditions of the licence and should not be someone who would not
normally be granted a licence in their own right subject to paragraph 11.2
13.3
Where the Council is satisfied that it is necessary for the purpose of winding
up the estate of the deceased licence-holder, it may extend or further extend
the period in which the licence remains in force.
14.0
Complaints
14.1
Where possible and appropriate the Council will give early warning to licence
holders of any concerns about problems identified at premises and of the
need for improvement.
15.0
Enforcement
15.1
The Council recognises that most licence holders seek to comply with the law.
Notwithstanding, any enforcement action will be in accordance with the
Council‟s Corporate Enforcement Policy.
16.0
Exchange of Information
16.1
The Council may exercise its power under Section 115 of the Crime &
Disorder Act 1998 to exchange data and information with the Police and other
partners.
16.2
Details of applications and objections which are referred to the Licensing SubCommittee will be published in reports that are made publicly available in
accordance with the Local Government Act 1972 and the Freedom of
Information Act 2000.
17.0 Administration
17.1
The setting of fees in relation to sex establishments is undertaken by the
Council.
17.2
Information and advice on all aspects of licensing can be obtained by either:
Visiting the website on www.northnorfolk.org , or
Telephoning the Council on (01263) 516189, or
By email to licensing@north-norfolk.gov.uk or
By writing to:
Licensing
North Norfolk District Council
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Holt Road
Cromer
Norfolk
NR27 9EN
17.3
Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 can
be accessed on the following link:
http://www.legislation.gov.uk/ukpga/1982/30/schedule/3
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Annex A to North Norfolk District Council’s
Statement of Licensing Policy - Sex Establishments
Requirements for applying for Grant, Variation, Transfer or Renewal
of a Sex Establishment Licence
All Applications
1.
To apply for the grant, variation, transfer or renewal of a sex establishment
licence an applicant must:
1.1 Send to the Council:
a completed application form;
where the application is either for the „grant‟ or a „variation‟ with a
change in layout then a plan to the scale of 1:100 of the premises to
which the application relates. [See paragraph 2 below for plan
requirements);
the fee.
1.2 Advertise the application. (See paragraphs 4 to 7 below on notice
requirements);
1.3 Send a copy of the application (and plan if applicable) to the Norfolk
Constabulary at the following address: Licensing Officer, 4th Floor,
Vantage House, Fishers Lane, Norwich, Norfolk NR2 1ET.
(Does not apply when application made by electronic on-line as in this
circumstance it is for the Council to send a copy within 7 days)
Plan requirements
2.
The plan shall show:
2.1 the extent of the boundary of the building, if relevant, and any external
and internal walls of the building and, if different, the perimeter of the
premises;
2.2 the location of points of access to and egress from the premises;
2.3 the location of escape routes from the premises;
2.4 in a case where the premises is to be used for more than one activity, the
area within the premises used for each activity;
2.5 fixed structures (including furniture) or similar objects temporarily in a
fixed location (but not furniture) which may impact on the ability of
individuals on the premises to use exits or escape routes without
impediment;
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2.6 in a case where the premises includes a stage or raised area, the location
and height of each stage or area relative to the floor;
2.7 in a case where the premises includes any steps, stairs, elevators or lifts,
the location of the steps, stairs, elevators or lifts;
2.8 in the case where the premises includes any room or rooms containing
public conveniences, the location of the room or rooms;
2.9 the location and type of any fire safety and any other safety equipment
including, if applicable, marine safety equipment; and
2.10 the location and use of other rooms, if any, on the premises.
3.
The plan may include a legend through which the matters mentioned or
referred to above are sufficiently illustrated by the use of symbols on the plan.
Public Notice Requirements
4.
A notice must be displayed at or on the premises to which the application
relates for a period of not less than 21 consecutive days from the day following
the day the application was given to the Council, where it can be conveniently
read from the exterior of the premises.
5.
The notice must be paper sized A4 or larger and printed legibly in black ink or
typed in black in a font size equal to or larger than 16.
6.
The notice must state:
6.1 details of the application and activities that it is proposed will be carried on
or from the premises,
6.2 the full name of the applicant,
6.3 the postal address of the premises, or in the case where there is no postal
address, a description of the premises sufficient to enable the location and
extent of the premises to be identified,
6.4 the date, being 28 days after that on which the application is given to the
Council, by which representations may be made and that representations
should be made in writing,
7.
A similar notice must be published in a local newspaper within 7 days of giving
the application to the Council.
Variation of a licence
8.
The holder of a licence may apply at any time for any variation of the terms,
conditions or restrictions on or subject to which the licence is held.
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Renewal of a licence
9.
The holder of a licence may apply for renewal of the licence. In order for the
licence to continue to have effect during the renewal process, a valid
application together with the appropriate fee must be submitted before the
current licence expires.
10. The process of applying for renewal of a licence is the same as that for
applying for an initial grant except that a plan of the premises is not required.
Transfer of a licence
11. A person may apply for transfer of a licence at any time.
12. The process of applying for transfer of a licence is the same as that for applying
for an initial grant except that a plan of the premises is not required.
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Annex B to North Norfolk District Council’s
Statement of Licensing Policy - Sex Establishments
Example of Public Notice
NOTICE OF APPLICATION FOR
GRANT / RENEWAL/ VARIATION / TRANSFER
OF A SEX ESTABLISHMENT LICENCE
Local Government (Miscellaneous Provisions) Act 1982
Schedule 3
NOTICE IS HEREBY GIVEN that I/we [insert name of applicant] of [insert
applicant’s address] have made an application to North Norfolk District
Council being the licensing authority for the purpose of Section 2 of the
above „Act‟ for the [insert type of application e.g. grant, renewal etc ] of a
[insert type of licence e.g. sex shop, sex cinema or sexual entertainment
venue] licence in respect of premises known as [insert trading name of
premises] at [insert full address of premises].
Anyone wishing to object to this application should do so, in writing stating
reasons by [enter date] to the Licensing Manager, Licensing, North Norfolk
District Council, Holt Road, Cromer, Norfolk, NR27 9EN
Notes:
This Notice may also be used to display the application on the premises or for
publication in a local newspaper.
The date to be inserted in the notice by which objections must be made will be
that of the 28th day following the day on which the application is given to the
Council.
Newspaper Notice
It must be published in a local newspaper circulating in the vicinity of the
premises.
The Notice must be published on AT LEAST ONE OCCASION during the period
of SEVEN DAYS starting on the day after the day on which the application was
given to the Council.
Premises Notice
This Notice must be of a size EQUAL TO OR LARGER THAN A4 paper. It must
be PRINTED IN BLACK INK or TYPED IN BLACK in a FONT SIZE EQUAL TO
OR LARGER THAN 16.
It must be displayed prominently on or near the premises to which the
application relates where it can be conveniently read from the exterior of the
premises.
The Notice must be displayed for a period of NOT LESS THAN 21
CONSECUTIVE DAYS starting on the day after the day on which the application
was given to the Council.
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Annex C to North Norfolk District Council’s
Statement of Licensing Policy - Sex Establishments
Standard Conditions - Sex Establishments
North Norfolk District Council reserves the powers to alter, modify or dispense with
these conditions as it see fit at any time.
The following Conditions Apply to all Sex Establishments
1.0
Definition
1.1
In these Regulations, save when the context otherwise requires the following
expressions, shall have the following meanings:
1.1.1 “Sexual Entertainment Venue”, “Sex Cinema”, “Sex Shop” & “Sex
Article” shall have the meanings ascribed to them in the Third Schedule
of the Local Government (Miscellaneous Provisions) Act 1982.
1.1.2 “Premises” means a building or part of a building and any forecourt
yard or place of storage used in connection with a building or part of a
building which is the subject of a licence for a Sex Establishment
granted under the said Third Schedule.
1.1.3 “Approval, Approved or Consent of the Council” means the approval or
consent of the Council in writing.
1.1.4 “The Council” means the North Norfolk District Council
1.1.5 “Film” shall have the meaning ascribed to it in the Films Act 1985.
2.0
General
2.1
2.2
In the event of a conflict between these regulations and any special conditions
contained on a licence relating to a Sex Establishment the special conditions
shall prevail.
The grant of a licence for a Sex Establishment shall not be deemed to convey
any approval or consent which may be required under any enactment by law
order or regulation other than the Third Schedule of the Local Government
(Miscellaneous) Act 1982.
3.0
Variation of Conditions
3.1
The Council may at any time waive, modify or vary these conditions or impose
additional conditions in any particular case. However, before doing so the
Council will consult with the licence holder.
4.0
Licensed Name
4.1
The name of the premises specified on the licence shall be known as the
“Licensed Name”. The licence holder shall ensure that the premises are
known solely by that name and by no other, save as provided for by
paragraph 5 below.
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4.2
An application in respect of a change of licence name shall be made to the
Council in writing not less than 28 days prior to the proposed change and the
Council shall have an absolute and unfettered discretion to allow or refuse
such a change.
5.0
Conduct and Management of Sex Establishments
5.1
Where the licence holder is a body corporate or an unincorporated body any
change of director, company secretary or other person responsible for the
management of the body is to be notified in writing to the Council within 14
days of such change. The notification should include a completed „Information
on Individuals‟ form which is attached to an application form for a Sex
Establishment Licence at Annex A. Additionally, should the Council request
information in respect of any new person this must be furnished within 14
days of such a request in writing from the Council.
5.2
The licence holder, or a responsible person nominated by him in writing for
the purpose of managing the Sex Establishment in his absence and of whom
details have been supplied to and approved in writing by the Council shall be
in charge of and upon the premises during the whole time they are open to the
public.
5.3
The name of the person responsible for the management of a Sex
Establishment (whether the licence holder or a manager) approved by the
Council shall be prominently displayed within the Sex Establishment
throughout the period during which he is responsible for its conduct.
5.4
The licence holder shall maintain a daily register in which he shall record the
name and address of any person who is responsible for managing the Sex
Establishment in his absence and the names and addresses of those
employed in the Sex Establishment. The register is to be completed each day
within thirty minutes of the Sex Establishment opening for business and is to
be available for inspection by the Police and by authorised officers of the
Council.
5.5
The licence holder shall retain control over all portions of the premises and
shall not let or part with possession of any part of the premises.
5.6
The licence holder shall maintain good order in the premises.
5.7
No person under the age of 18 shall be admitted to the premises or employed
in any part of the business of Sex Establishment.
5.8
The licence holder shall ensure that the public is not admitted to any part or
parts of the premises other than those which have been approved by the
Council.
5.9
Prostitutes shall not use any part of the premises for the purposes of
solicitation or of otherwise exercising their calling.
5.10 Neither the licence holder nor any employee or other person shall seek to
obtain custom for the Sex Establishment by means of personal solicitation
outside or in the vicinity of the premises.
5.11 The licence holder shall comply with all statutory provisions and any
regulations made there under.
5.12 The licence holder shall ensure that during the hours of Sex Establishment is
open for business every employee wears a badge of a type to be approved by
the Council indicating his name and that he is an employee.
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5.13 The copy of the licence and conditions are required to be displayed in
accordance with Paragraph 14(1) of Schedule 3 of the Local Government
(Miscellaneous Provisions) Act 1982 and shall be reproduced to the same
scale as those issued by the Council. The copy of the licence required to be
displayed as aforesaid shall be suitably framed and the condition of these
Regulations shall be retained in a clean and legible condition.
6.0
Use
6.1
6.2
No change of use of any part of the premises from that approved by the
Council shall be made until the consent of the Council has been obtained.
No change of use between a Sex Cinema, a Sex Shop or a Sexual
Entertainment Venue shall be effected without the prior consent of the
Council.
7.0
External Appearance
7.1
No display, advertisement, word, letter, model, sign, placard, board, notice,
device, representation, drawing, writing, or any other matter or thing (whether
illuminated or not) shall be exhibited so as to be visible from outside the
premises except:
7.1.1 Any notice of a size and in a form approved by the Council which is
required to be displayed so as to be visible from outside the premises
by law, or by any condition of a licence granted by the Council.
7.1.2 Such display, advertisement, word, letter, model, sign, placard, board,
notice, device, representation, drawing, writing, or any matter or thing
as shall have been approved by the Council.
The entrances to the premises shall be of a material or covered with a
material, which will render the interior of the premises invisible to passers-by.
Windows and openings to the premises other than entrances shall not be
obscured otherwise than with the consent of the Council but shall have
suspended behind them, in a position and at an angle approved by the
Council, opaque screens or blinds of a type and size approved by the Council.
7.2
7.3
8.0
State, Condition & Layout of Premises
8.1
8.2
The premises shall be maintained in good repair and condition.
The number, size and position of all doors or openings provided for the
purposes of the ingress and egress of the public shall be approved by the
Council and shall comply with the following requirements:
8.2.1 All such doors or openings approved by the Council shall be clearly
indicated on the inside by the word “exit”.
8.2.2 Doors and openings, which lead to parts of the premises, to which the
public are not permitted, shall have notices placed over them marked
“private”.
8.2.3 Save in the case of emergency no access shall be permitted through
the premises to any unlicensed premises adjoining or adjacent.
The external doors to the Sex Establishment shall be fitted with a device to
provide for their automatic closure and such devices shall be maintained in
good working order.
8.3
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8.4
8.5
8.6
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Where premises do not have an entrance lobby there shall be provided within
the entrance of the premises a partition screening the interior of the premises
from passers-by at all times whilst the entrance doors may be opened.
Alterations of additions either internal or external and whether permanent or
temporary to the structure, lighting or layout of the premises shall not be made
except with the prior approval of the Council.
All parts of the premises shall be kept in a clean and good condition to the
satisfaction of the Council.
9.0
Safety
9.1
The licence holder shall take all reasonable precautions for the safety of the
public and employees.
The licence holder shall comply with any health and safety measures that may
be required of him by the Council.
9.2
The Following Conditions Apply to ‘Sex Shops’ only
10.0 Times of Opening
10.1 Except with the prior written consent of the Council a sex shop shall only be
open between 9am and 8pm Monday to Saturday inclusive.
10.2 Except with the prior written consent of the Council a sex shop shall not be
open on Sundays or any Bank Holidays or any public holidays.
10.3 A sex shop shall be conducted primarily for the purpose of the sale of goods
by retail.
11.0 Use of Sex Shop
11.1 Neither sex articles nor other things intended for use in connection with, or the
purpose of stimulating or encouraging sexual activity or acts of force or
restraint which are associated with sexual activity shall be displayed, sold,
hired, exchanged, loaned or demonstrated in a sex cinema or sexual
entertainment venue.
12.0 Goods available in Sex Shops
12.1 All sex articles and other items displayed for sale, hire, exchange or loan
within a sex shop shall be clearly marked to show to persons who are inside
the sex shop the respective prices being charged.
12.2 All printed matter offered for sale, hire, exchange or loan shall be available for
inspection prior to purchase and a notice to this effect is to be prominently
displayed within the sex shop.
12.3 The licence holder shall without charge display and make available such free
literature on counselling on matters related to sexual problems as may be
published by the Family Planning Association and by such other similar
organisations as may be specified by the Council. Such literature is to be
displayed in a prominent position adjacent to all cash collection points in the
sex establishment.
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13.0 State, Condition and Layout of the Premises
13.1 Lighting in all parts of a sex shop shall be in operation continuously during the
whole of the time that the premises are open to the public.
The Following Conditions Apply to ‘Sexual Entertainment Venues’ only
14.0 General Rules and Conduct
14.1 All reference to striptease includes all forms of striptease or nudity, including
the wearing of transparent clothing.
14.2 No payment shall be made by or on behalf of the licence holder for bringing
persons to the premises (i.e. no touting).
14.3 Striptease and nudity shall not be visible from outside the premises. The
layout of premises should be as such to ensure that this requirement applies
equally when doors are open for access and egress.
14.4 No persons (whether as customers, employees, performers or other persons)
under the age of 18 years shall be permitted on the premises during
performances. A clear notice shall be displayed at each entrance to the
premises in a prominent position so that it can be easily read by persons
entering the premises in the following term: “No person under 18 shall be
admitted”.
14.5 All members of staff at the premises, including door supervisors, shall seek
credible photographic proof of age evidence from any person who appears to
be under the age of 18 years, and who is seeking access to the premises.
14.6 Striptease performers shall be aged not less than 18 years and no striptease
performers may perform at the premises until such time as photographic proof
of identity, showing date of birth, is provided, confirming that the performer is
over the age of 18 years.
14.7 A customer Code of Conduct shall be prominently displayed and clearly
visible throughout the premises advising patrons of the rules in relation to the
performance.
14.8 There shall be in place a Code of Conduct for all performers. Each performer
is to sign a copy of the Code of Conduct before being allowed to commence
dancing at the premises. A copy of the code of conduct will be submitted to
the Police and Council and shall not be amended without prior consultation
with the Council.
14.9 No still or moving photographic recordings or other recordings shall be made
of any performances by customers at the time in the premises.
14.10 Performers shall not take or give personal contact details, e.g. telephone
number, email, social network contact, etc.
14.11 There must be no movement of the performer‟s G-string (including flashing,
hands or fingers inside G-strings) or removal of the G-string except in the
dressing rooms or the private dance area.
14.12 Performers must report all inappropriate behaviour and breaking of the house
rules (Customer Code of Conduct) to the management.
14.13 Performers found taking drugs on the premises or under the influence of
alcohol or drugs shall not be allowed to perform.
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15.0 Door Supervisors
15.1 The licence holder shall employ SIA registered door supervisors at all times
the premises is open for business as a sexual entertainment venue.
15.2 The licence holder shall ensure that a register is maintained on the premises
and will include a contemporaneous entry showing the name, registration
number and tour of duty of every door supervisor employed in/on the
premises at any one time. The register shall be so kept that it can be readily
inspected at any reasonable time by a police officer, an authorised officer of
the Council or an officer of the Security Industry Authority (SIA).
15.3 The licence holder shall ensure that every person engaged as aforesaid in the
capacity of door supervisor shall, at all times whilst on duty, wear in a readily
visible position, an SIA badge.
15.4 The licence holder shall ensure that all door supervisors are aware of the
position of:
15.4.1 emergency lighting switches;
15.4.2 the method of entry and exit by both normal and emergency exits;
15.4.3 the location of telephones and radios, with instructions for calling the
emergency services.
The Following Conditions Apply to ‘Sex Cinemas’ only
16.0
Film Classification
16.1
No film or video film shall be exhibited unless it has been passed by the
British Board of Film Classification and bears a certificate to that effect, and is
a reproduction authorised by the owner of the copyright of the film or video
film so certified. Any such film or video film shall comply with the Video
Recordings Act 1984.
17.0
External Layout of Sex Cinema
17.1
The windows, doors fascia board, walls and all external parts of the premises
including the roof shall not contain any form of writing, sign or display save for
the following in the form approved by the Council:17.1.1 The licensed name of the premises;
17.1.2 The address of the premises;
17.1.3 A notice stating the opening hours of the establishment;
17.1.4 The wording “ADULT CINEMA” but no other indication as to the
nature of the business carried on at the licensed premises.
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11 November 2013
Agenda Item No___8________
UPDATE ON GENERAL LICENSING ISSUES
Summary:
This report updates Members on a range of general
licensing issues
Conclusions:
Recommendations:
That Members note the report
Cabinet member(s):
Ward(s) affected:
Councillor John Lee
All
Licensing Committee Chairman
Councillor Richard Price
Contact
Officer,
number, and e-mail:
telephone Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
1.
Beauty treatments and Body piercing
1.1.
Following consideration by the Licensing & Appeals Committee at its meeting on
19 December 2012 Full Council resolved to adopt provisions under the Local
Government (Miscellaneous Provisions) Act 1982 to regulate additional
treatments, namely cosmetic piercing and semi-permanent skin colouring.
Council also resolved to adopt and authorise new byelaws subject to a
consultation process.
1.2.
A consultation process has been undertaken concerning new byelaws. Existing
treatment premises have been written to and the details have been on the
Council’s website. The consultation period is due to end on 28 October 2013.
1.3.
Responses to the consultation will be considered and then the draft byelaws will
be submitted to the Home Office for consideration. It is anticipated that new
byelaws will take effect in April 2014 but allowing a transitional period for existing
premises to achieve compliance.
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Licensing and Appeals Committee
11 November 2013
2.
Scrap Metal Dealers
2.1.
Members received a report on 22 July 2013 and were advised on impending
changes to the regulation of scrap metal dealers.
2.2.
The Licensing Manager wrote to all existing registered dealers in the district
advising them of the impending changes. The police have also been in contact
with the trade.
2.3.
Officers have been working with colleagues from neighboring authorities and with
the police in developing procedures to provide a degree of consistency and
uniformity where possible across Norfolk.
2.4.
Fees for new scrap dealer licences in North Norfolk were considered and
adopted by Full Council on 18 September 2013
Collectors Licence – new application
£100
Collectors Licence – variation
£75
Site Licence – new application
£400
Site Licence – variation
£300
2.5.
The new licensing framework commenced on 1 October 2013 and allows a
transitional period for previously registered dealers to continue operating.
2.6.
Most of the major dealers in North Norfolk have made an application for the
appropriate new licence and these are currently being processed. For complete
and acceptable applications, licences will be issued by officers under delegated
authority. Any adverse applications will be referred to a Licensing SubCommittee for consideration and determination.
2.7.
However, there are a substantial number of previously active dealers in the
district who have not made an application. After December 2013, when the
transitional provisions come to an end, where evidence comes to light that such
dealers are continuing to trade without benefit of a new licence then
investigations will be undertaken (in partnership with the police) and where
appropriate enforcement action will be taken.
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