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In the event of representations being made each application will be determined on its merits.
1.1 Thanet District Council is the Licensing Authority under the Licensing Act 2003. The Licensing Authority is responsible for granting premises licences, club premises certificates, temporary events notices and personal licences in the District in respect of the sale and/or supply of alcohol. The Licensing Authority also licences the provision of regulated entertainment and late night refreshment.
1.2 The 2003 Act requires the Licensing Authority to carry out its various licensing functions so as to promote the following four licensing objectives:
1.3 The 2003 Act further requires that the Licensing Authority publish a ‘Statement of Licensing Policy’ that sets out the policies the Licensing Authority will generally apply to promote the licensing objectives when making decisions on applications made under the Act.
1.4 The aims of this Statement of Licensing Policy in line with the four licensing objectives are to:
a. help build and maintain a fair and prosperous society that properly balances the rights of individuals and their communities
b. integrate its aims and objectives with other initiatives, policies plus strategies that will:
encourage young people and culture
reduce crime and disorder encourage tourism and visitors to the Area continue to develop the day time economy and encourage an early evening and night time economy which is both viable and sustainable
reduce alcohol misuse encourage employment encourage the self sufficiency of local communities
reduce the burden of unnecessary regulation on business
1.5 This ‘Statement of Licensing Policy’ has been prepared in accordance with the provisions of the 2003 Act and having regard to the Guidance issued under Section 182 of the Act. Where it is necessary to depart from the Guidance, either in this policy or at any other time, the Licensing Authority will give clear and cogent reasons for doing so. It has been drafted in partnership with the Kent Licensing Regulatory Steering Group. The Licensing Authority shall endeavour to work with other local authorities (particularly where licensing authorities' boundaries meet) to ensure that a consistent approach is taken in licensing matters whilst respecting the differing needs of individual communities. Additionally the licensing authority will hold regular 'open meetings' so that the local community can express how they feel about how the licensing objectives are being met.
1.6 When assessing applications, the Licensing Authority will need to be satisfied that the measures proposed in the applicant’s operating schedule aim to meet the licensing objectives, as far as possible.
1.7 However, it should be recognised that this policy covers a wide variety of premises and activities carried on in them including theatres, cinemas, restaurants, pubs, nightclubs, private members’ clubs, village halls and community centres, as well as off-licences, fast food outlets, late night cafes etc. For this reason, this policy cannot detail all the factors that influence the achievement of the licensing objectives nor can this policy detail all the control measures that may be appropriate in any given circumstances.
1.8 In respect of each of the four licensing objectives, applicants will need to satisfy the Licensing Authority that suitable and sufficient measures, as detailed in their operating schedule, will be implemented and maintained, relevant to the individual style and characteristics of their premises and events. Reference will need to be made as to whether additional measures will be taken on a permanent basis or specific occasion such as when a special event or promotion is planned, which is intended to, or likely to attract, larger audiences.
1.9 When considering applications, the Licensing Authority will have regard to this Policy, the Licensing Act 2003, particularly the Licensing Objectives and Guidance issued under Section 182 of the Act, and any supporting regulations that may from time to time be made. It will also seek proper integration with local crime prevention, planning, transport, employment and cultural strategies. To this end, the Licensing Committee will provide reports to the Planning Committee on the situation regarding licensed premises in the area and arrangements will be made for the Licensing Committee to receive reports on the needs of the local tourist economy and the cultural strategy for the area to ensure that these are reflected in their considerations. The Licensing Authority will monitor the impact of licensing on the provision of regular entertainment particularly live music and dancing. Care will be taken to ensure that only necessary, proportionate and reasonable licensing conditions are imposed.
1.10 The Policy does not undermine the rights of any person to apply under the 2003 Act for a variety of permissions and have the application considered on its individual merits. It does not override the right of any person to make representations on any application or seek a review of a licence or certificate where they are permitted to do so under the 2003 Act. In formulating this policy the Licensing Authority has had regard to the provisions of the Human Rights Act 1998. This Act places a duty on public authorities to protect the rights of individuals in a variety of circumstances, and to balance those rights against the rights of persons trading in licensable activities and to achieve proportionality. The Licensing Authority has also had regard to the Race Relations Act 1976 as amended by The Race Relations (Amendment) Act 2000, the Disability Discrimination Act 1995 and the Gambling Act 2005.
1.11 Applicants and those making representation in respect of applications to the Licensing Authority have a right of appeal to the Magistrates’ Court against the decisions of the Licensing Authority.
1.12 The Licensing Authority recognises that longer licensing hours with regard to the sale of alcohol are important to ensure that the concentration of customers leaving premises simultaneously are avoided.
1.13 The object of licensing is to maintain appropriate control of licensed premises, qualifying clubs, temporary events and the people who manage them or hold personal licences within the terms of the 2003 Act. Where any party makes relevant representations, the Licensing Authority will seek to make objective judgements as to whether conditions may need to be attached to a licence, or certificate to secure achievement of the licensing objectives. Any such conditions will primarily focus on the direct impact of the activities taking place at licensed premises on those attending the premises and members of the public living, working or otherwise engaged in normal activity in the vicinity and will cover issues that are reasonably within the control of individual licensees.
1.14 When considering any conditions, the Licensing Authority acknowledges that the licensing function is not the only mechanism for the general control of the anti-social behaviour of individuals once they are outside the vicinity of licensed premises and beyond the direct control of the licensee of any premises concerned. Therefore, other mechanisms may be utilised, where appropriate, to tackle unruly or unlawful behaviour of patrons when beyond the control of premises. These include:-
As part of its overall policy the Licensing Authority expects every holder of a licence or Temporary Event Notice to be responsible for minimising the impact of their activities and anti-social behaviour by their patrons within the immediate vicinity of their premises.
A key aim of the licensing policy is to maintain a safe and family friendly environment in the Local Authority Area. It may be that conditions that would be relevant in the town centres may not be appropriate in rural areas – but each application will be considered on its merits.
Further, when the Licensing Authority is considering any application, it will avoid duplication with other regulatory regimes, (e.g. health and safety at work, environmental protection, disability discrimination, the Regulatory Reform (Fire Safety) Order so far as possible. The licensing regime is not intended to be used to achieve outcomes that have been or will be achieved by other legislation. In particular, its licensing functions will be discharged separately from its functions as the Local Planning Authority.
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E-mail: licensing@thanet.gov.uk
Tel: 01843 577413