Alcohol and Entertainment Licensing
Report on the Licensing Act 2003
2010/2011
Prepared by: Chris Cawley (Licensing Manager)
Authorised by: Nick Baker (Strategic Director – Environment)
November 2011
Environmental Health Department
Council Offices
Holt Road
Cromer
Norfolk
NR27 9EN
www.northnorfolk.org
licensing@north-norfolk.gov.uk
01263 516189
Licensing Act 2003 - 2010/11 Annual Report for North Norfolk Licensing Committee
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 2010/11. Since the Licensing Act 2003
became operational on the 24th November 2005 North Norfolk District Council has been the
licensing authority for alcohol and regulated entertainment licences in North Norfolk
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2.1
Licences in North Norfolk
Licence Transaction Processing
The Councils web site pages relating to Licensing are fairly comprehensive and continue to be
regularly updated to make self help with licensing issues more user friendly. The register of
licensed premises accessible from the website gives a comprehensive summary of the
licences. Work is being undertaken to enable the public to view licence application documents
relating to a premises during the consultation phase of applications via the website.
As in previous years the vast majority of applications for new licences and variations to existing
licences during the period have been unopposed and issued by officers under delegated
authority. The 9 opposed cases have been considered at Licensing Sub-Committee hearings.
During the year many premises have closed for short periods whilst purchasers were being
sought and have now reopened. The period of closure has been significant in many cases
indicative of the economy and several premises remain closed for a considerable period or
have now converted to other uses.
Applications for new Personal Licences, changes of address, replacement licences etc continue
to be processed. Personal Licences continue to be held in the District in which they were first
issued (irrespective of the present residence or workplace of the holder) Whilst there are 1393
Personal Licences on the register this does not reflect the current Personal Licence holders
resident or active in the District.
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 2011
number
% of total
560
100
540
96
379
68
196
35
207
37
2.3 Resource and Revenue aspects
The dedicated licensing team continue to work with customer services officers in the Council to
give advice on licensing queries and to process licensing transactions.
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Licensing Act 2003 - 2010/11 Annual Report for North Norfolk Licensing Committee
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. Whilst the government has proposals for local authorities to set these fees
in due course no date has been set for this to be introduced.
Whilst it was expected that a greater proportion of transactions would be undertaken on line as
businesses recognise the benefit that electronic licensing introduced under the European
services Directive provides this has not happened.
3 Licensing Policy and impact
The District Council reviewed and updated its Licensing Policy in December 2010. All
applications received by the Council 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.
Each objective is of equal importance and as there are no other licensing objectives these four
objectives remain of paramount consideration at all times.
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. 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. Monitoring of events is now being undertaken
by 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
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Licensing Act 2003 - 2010/11 Annual Report for North Norfolk Licensing Committee
Whilst 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 this has not been as significant a problem as in past years –
involving less than 25 premises (around 5% of licensed premises).
3.4
The protection of children from harm
Under age sales of alcohol
The Norfolk County Council Trading Standards Department monitor this activity. The situation
has not changed dramatically during the past year.
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, as well as some occasional lap dancing nights, no complaints have been
received by the Council
The Licensing Committee has recommended the Council adopt the provisions relating to
Sexual Entertainment Venues which will enable the Council to properly control such activities if
there is need in the future.
Children as performers at licensed venues - no complaints have been reported.
3.5
Issues Raised
Late night takeaways
Whilst concern over such venues has been raised in the past, these have generally not been a
problem during the year.
Temporary Events and Raves
The vast majority of the 309 notified temporary events have taken place without incident or
complaint. An increasing number of notifications for these types of events are received after the
10 working day deadline resulting in the notification being invalid. Officers have endeavoured to
assist organisers (where possible) to restructure their event so as to achieve compliance with
statutory requirements and have a successful event.
Unlicensed musical events (often referred to as raves) have been less of a problem during the
year than in previous years in North Norfolk. Where intelligence of such activities has come to
light then council officers and/or police have taken action with landowners or prospective
organisers to prevent the event taking place.
Village Halls, sports clubs and similar venues
The operation of these types of venue continues to give cause for concern. It is clear many
management committees and individuals involved in running these types of venue are not
always fully aware of the licensing implications. An increasing number or reports and
complaints have involved these venues in recent years. Officers continue to give advice and
assistance directly and through the web site but this is proving a time consuming matter.
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Licensing Act 2003 - 2010/11 Annual Report for North Norfolk Licensing Committee
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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. 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.
4.2 Reactive investigations
Investigations of all 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 2 Review applications (The Star PH and the Garden House, both in
Fakenham) - one brought by a resident the other by the police. These have been heard by the
Licensing Sub-Committee and resulted in sanctions imposed on the licence holders. No
appeals have been lodged.
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. This has led to successful outcomes being established in several cases without formal
enforcement action being needed.
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Liaison and consultation issues
5.1
Nationally
Consultation undertaken by the incoming coalition government has resulted in changes to the
Act introduced via the Policing Reform and Social Responsibility Act 2011. Whilst these
changes to the licensing law have been enacted they have not yet come into force. It is
anticipated that the changes will be introduced in April or possibly October 2012.
The government has now embarked on a further consultation exercise (which closes on 3
December 2011) to examine the deregulation of regulated entertainment.
5.2 Pub watch and Nightsafe in North Norfolk
The trade continues to run and hold pubwatch meetings in the market towns in the District but
on a very much reduced basis. The Nightsafe initiative which covers the nightclubs and other
key premises trading late at night continues and forms an effective channel of communication
between the authorities and the proprietors of these venues.
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Licensing Act 2003 - 2010/11 Annual Report for North Norfolk Licensing Committee
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, Licensing Officers of Norfolk Constabulary,
uniformed Police Officers, the Fire Service, Trading Standards and Social Services. The aim
being to exchange information, highlight problems and share good practice.
Relations with the Norfolk Police Licensing Team (who now operate countywide from Norwich)
are well established and operate very well. Whilst the Councils Community Safety team has
disbanded recently, good working relations continue with the local Police Sergeant dealing with
community safety and anti social behaviour issues. This has resulted in a number of positive
outcomes in relation to issues with certain local licensed premises.
5.4 North Norfolk Safety Advisory Group
Set up in 2009, the group has continued to meet regularly during the year. Chaired by the
Licensing Manager it comprises representatives from NNDC, the Police, Fire Service,
Ambulance Service, NCC highways. The aim is to give guidance to organisers of large events
and to monitor impacts thereby providing feedback to assist future events (whether licensable
or not). The key large event organisers have engaged positively with the group and others are
actively being targeted to work through the group in future. It is anticipated that there will be
many large scale outdoor events in 2012 (often voluntary or charitable) associated with Jubilee
celebrations or the Olympics. The group will seek to ensure they are properly organised and
run successfully.
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Conclusions
The vast majority of licensed premises in North Norfolk are well run providing a valuable
amenity for the local area, assisting the local economy and facilitating the tourist trade. The
economic climate continues to have a significant adverse effect on many licensed businesses.
Several businesses have ceased trading completely and many venues have been vacant for
very long periods. Enlightened proprietors are broadening their trading activities which are
resulting on wider range of activities being licensed at many traditional venues some of which
has caused concern to neighbours.
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.
In the North Norfolk area during the past 12 months there has been:
•
No major crime involving licensed premises
•
No major public nuisance associated with licensed premises
•
Generally good management of the vast majority of premises covered by Premises
Licenses and Club Premises Certificates
•
Some crime and disorder; nuisance and antisocial behaviour associated with a handful
of premises (generally in the key market towns)
•
Little unlicensed activity
•
Significant changeover of ownership/occupation of premises with many staying closed
for long periods and a few licenses lapsing through insolvency
.
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