Statement of Licensing Policy

Thanet District Council

Appendix 2 - Licensing Enforcement Policy

1. Aim

This Policy is intended to fairly and firmly enforce the law in a consistent and transparent way, and in accordance with the four licensing objectives: -

• Prevention of crime and disorder
• Public safety
• Prevention of public nuisance
• Protection of children from harm.

The Licensing Authority will assist and advise wherever appropriate, but proportionate action will be taken against those who breach the provisions of the legislation.

The Council has adopted the provisions of the Government’s Enforcement Concordat.

2. Liaison with regulatory agencies

The Council will work actively with the Police and other bodies (Fire and Rescue Service, Customs and Excise, Trading Standards, Child Protection, Health and Safety Executive, Security Industry Authority, Crown Prosecution Service, etc), in enforcing the licensing legislation. This will necessitate the sharing of information in relation to those persons involved in licensing and relevant premises based on the requirements of the Licensing Act 2003, Criminal Justice and Police Act 2001, Anti-Social Behaviour Act 2003, Criminal Justice and Public Order Act 1994, Crime and Disorder Act 1998 and other relevant legislation.

There are various statutory provisions that enable the Council to exchange relevant information with other bodies. These provisions will be used as appropriate.

This enforcement policy in no way restricts other regulatory bodies from carrying out enforcement under their own regulatory powers.

3. Licensing Visits

Licensing Authority Officers will make licensing visits to premises, and may on occasion be accompanied primarily by Police and or other regulatory agencies.

Both the Licensing Authority and the other relevant agencies firmly believe that working with business is the primary method to achieve the licensing objectives, but will take appropriate enforcement action if necessary.

The visiting regime for premises is not decided solely on a risk assessment basis. The Licensing Authority will, as part of its’ proactive stance, make regular visits to and in the vicinity of licensed premises in order to assess the impact of their operation on residents and other businesses in the area.

There will be a presumption that visits will take place when various crime and disorder and other indicators show that there are potential problems developing in relation to specific premises or areas.

The Licensing Authority will monitor patron movement to, from and between premises and the provision and accessibility of transport to assist dispersal of persons away from licensed premises. The information gained from these monitoring exercises will inform the development of the Licensing Authority  Licensing policy statement.

4. Consistency

The Licensing Authority and its officers will act in a fair and consistent manner. Council Officers whilst exercising their professional judgement in individual cases will do so within a framework based on consistency and fairness in action.

There will be specific circumstances when the Licensing Authority will share an enforcement role with the Police or other agencies. When this occurs the same degree of consistency and fairness will be applied.

5. Proportionality

The Licensing Authority,  Police and other enforcement agencies will, as far as the law allows and where co-operation is given, work with business/licensees to enable them to meet their legal obligations without undue cost.

The Licensing Authority will take into account the cost of compliance by ensuring that any enforcement or remedial action required is proportionate to the risks. However clear breaches of the legislation may attract prosecution and/or recommendation for review of the licence where it is deemed to be in the public interest.

6. Enforcement Action/Options

1. The initial contact between Licensing Authority and Business/Licensees will normally be informal, with the provision of advice, guidance and support.
2. Enforcement action can include the following progressive approach to achieve compliance:-
   
   Verbal advice- which may be documented
   Written advice
   Verbal warning-which will be documented
   Written warning
   Statutory Notice
   Formal Caution
   Prosecution
   
   The individual circumstances of the breach of the legislation will determine the level of enforcement.
   
   In the case of a premises licence the Council or the Police may ask for a review.
   
   All actions will be considered in accordance with the requirements of the Human Rights Act 1998 and considered on its individual merits.
   
   On conviction of a relevant offence Magistrates may endorse, suspend or revoke a Personal Licence.
   
   Council Officers, Police or Crown Prosecutors may relating to such a conviction remind the Magistrates of their powers to endorse, suspend or revoke a Personal Licence
   
3. When prosecution is being considered, the relevant enforcement bodies will on a case-by-case basis decide which is the lead authority to prosecute the offence.
   
   Regard will be taken of the Code of Practice made under Section 10 Prosecution of Offences Act 1985 and issued by the Crown Prosecution Service. Due consideration will be give to any guidance and/or advice issued by Government, Local Authority Association and other professional and technical bodies.  Statements will be provided as regard to evidence from one agency to another as necessary.
   
   Before deciding whether to prosecute the following factors will be considered: -
   
   The seriousness of the alleged offence
   The history of the business/person concerned
   The willingness of the business/individual to prevent a reoccurrence of the problem and the level of cooperation with Council Officers, Police and/or other agencies
   Whether it is in the public interest to prosecute
   The realistic prospect of conviction
   Whether any other action (including a formal caution) would be appropriate
   The views of any complainant and other parties with an interest in a prosecution.

The Licensing Authority takes a proactive stance towards the proper regulation of, and enforcement of the provisions of this legislation.

The Licensing Authority will normally take the lead on issues including:-

•    Noise
•    Production and display of relevant licences and documents
•    Unauthorised licensable activities in relation to the provision of regulated entertainment
•    Breaches of conditions of premises licences
•    Breaches of requirements under Temporary Events Notices
•    Exposing and keeping of alcohol on premises for unauthorised sale

Other breaches of the Act will be dealt with either directly or jointly as indicated above. The Licensing Authority will give full cooperation to any other agency in carrying out their investigations.

Next: Appendix 3 - Contact Details and Useful Addresses

Back: Appendix 1 - Strategies

• Statement of Licensing Policy
• Introduction
• Licences and planning permission
• Cumulative Impact
• Advice and guidance
• Consultation
• Reviews
• Enforcement 
• Licensing Objectives
• Prevention of Crime & Disorder
• Public Safety
• Prevention of Public Nuisance
• Protection of Children from harm
• Appendix 1 - Strategies
• Appendix 2 - Licensing Enforcement Policy
• Appendix 3 - Contact Details and Useful Addresses
• Appendix 4 - Delegation of Functions

E-mail: licensing@thanet.gov.uk

Tel:  01843 577413