Advice on the licensing objectives and mandatory or appropriate conditions

All licence applications must comply with the following licensing objectives and our licensing solicitors will help advise you on how you ensure that you are able to do so:

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

When you submit your application other parties may object and such objections may include information on the following:
 

The prevention of crime and disorder

It is important that you have considered how you will ensure that you are able to comply with the objective of the prevention of crime and disorder.  It is vital that you discuss any incidences of the following with your licensing solicitor:

  • Breaches of licensing conditions, authorised activities or authorised hours.
  • Criminal offences (which may have been reported to the police).
  • Anti-social behaviour.

​Public Safety

The public safety objective is concerned with the physical safety of the people performing, staff and customers using the relevant premises and not with public health. Where there is a requirement in other legislation for premises open to the public or for employers to possess certificates attesting to the safety or satisfactory nature of certain equipment or fixtures on the premises, it would be unnecessary for a licensing condition to be placed on the premises licence or club premises certificate.

As part of the application process, applicants must consider the impact of their premises in relation to the licensing objectives. They should consider the following:

Fire regulations

The premises should comply with all statutory fire safety controls.  Guidance and information is available from Communities and Local Government or Fire Rescue Services

Food safety

The premises must comply with all food safety regulations.

Disabled facilities

The Disability Discrimination Act 1995 introduced new laws aimed at ending the discrimination that many disabled people face. The Act gave disabled people new rights of access to goods, facilities and services, as well as in employment and buying or renting property.

If it is impossible or unreasonably difficult for disabled people to use a licence holder's services, they may be required to take reasonable steps to:

  • Change their practices, policies or procedures or provide a reasonable alternative method of making their services available to disabled people.
  • Provide an auxiliary aid or service to assist or enable disabled people to use their service.


​The following are examples of reasonable adjustments:

  • Reading the menu to a customer with visual impairment and/or providing large print menus.
  • Disabled customer paying the waiter rather than queuing at the till on way out.
  • Installing an accessible lavatory, depending on available space and resources.
  • Adapting the premises for wheelchair access.


​Health and Safety

Licensed premises can cover a wide range of activities. All licensed premises involve a great deal of interaction with members of the public which can increase the possibility of accidents and applicants for licenses should ensure that they have considered how they will prevent injuries as well as the occupational health of employees.  Further advice is available from the Health and Safety Executive.
 

Overheating

Licence holders should provide air conditioning and ventilation to control temperature and humidity. Some licensed premises may have restrictions in relation to opening doors and windows during regulated entertainment.
 

The prevention of public nuisance

Public nuisance is given a statutory meaning in many pieces of legislation. It is, however, not narrowly defined in the Licensing Act 2003 and retains its broad common law meaning. The issues mainly concern noise nuisance, light pollution, noxious smells (including smoking), parking and litter.
 

The protection of children from harm

The protection of children from harm objective relates to the protection of children from moral, psychological and physical harm.  Applicants will need to consider issues such as where and when children are allowed within a licensed premises as well as issues such as how proof of age is established.  The objective includes protecting children from early exposure to:

  • Strong language.
  • Sexual expletives.
  • Adult entertainment.
  • Drinking alcohol.
  • Drug-taking.
  • Gambling.
  • Violence.