Statement of Licensing Policy

Thanet District Council

Prevention of Public Nuisance

5.1  Licensed premises have a significant potential to adversely impact on communities through public nuisances that arise from their operation.  The Licensing Authority wishes to proactively maintain and protect the amenity of residents and other businesses from the potential consequence of the operation of licensed premises whilst recognising the valuable cultural, social and business importance that such premises provide.

5.2  The Licensing Authority intends to interpret ‘public nuisance’ in its widest sense, and takes it to include such issues as noise, light, odour, litter and anti-

social behaviour, where these matters impact on those living, working or

otherwise engaged in normal activity in an area.

5.3  Applicants need to clearly understand that the Licensing Authority will pay particular attention whether or not to impose stricter conditions, including controls on licensing hours, with a view to protecting the quality of life of residential occupiers.

5.4  In the case of shops, stores and supermarkets and garages selling alcohol, the Licensing Authority will normally permit the hours during which alcohol is sold to match the normal trading hours during which other sales take place, unless there are good reasons based on the licensing objectives.

5.5  Applicants will be expected to demonstrate in their operating schedule that suitable and sufficient measures have been identified and will be implemented

and maintained to prevent public nuisance, relevant to the individual style and

characteristics of their premises and events. 

5.6  When addressing the issue of prevention of public nuisance, the applicant should have considered those factors that impact on the likelihood of public nuisance. These may include:

• The location of premises and proximity to residential and other noise sensitive premises, such as hospitals, hospices and places of worship
• The hours of operation, particularly if between 2300 and 0700
• The nature of activities to be provided, including whether those activities are of a temporary or permanent nature and whether they are to be held inside or outside premises
• The design and layout of premises and in particular the presence of noise limiting features
• The occupancy capacity of the premises
• The availability of public transport
• Last admission time
• The steps the applicant has taken or proposes to take to ensure that staff leave the premises quietly 
• The steps the applicant has taken or proposes to take to prevent disturbance by patrons arriving or leaving the premises
• Whether routes to and from the premises, on foot or by car or service or delivery vehicles, pass residential premises.
• Whether other measures have been taken or are proposed such as the use of CCTV or the employment of licensed door supervisors.
• The arrangements made or proposed for parking by patrons, and the effect of this parking on local residents.
• The likelihood of any violence, disorder or policing problems arising if a licence were granted.
• Whether taxis and private hire vehicles serving the premises are likely to disturb local residents.
• The siting of external lighting, including security lighting that is installed inappropriately.
•  Whether the premises would result in increased refuse storage or disposal problems or additional litter in the vicinity of the premise and any measures or proposed measures to deal with this.
• The history of previous nuisance complaints proved against the premises, particularly where statutory notices have been served on the present licensees.

5.7  The following examples of control measures are given to assist applicants and are considered to be amongst the most essential that applicants should take account of in their operating schedule, having regard to their particular type of premises and/or activities:

• Effective and responsible management of premises
• Appropriate instruction, training and supervision of those employed or engaged to prevent incidents of public nuisance
• Control of operating hours for all or parts (e.g. garden areas) of premises
• Installation of soundproofing, air conditioning, acoustic lobbies and sound limitation devices
• Management of people, including staff, and traffic (and resulting queues) arriving and leaving premises
• Liaison with public transport providers
• Siting of external lighting, including security lighting
• Management arrangements for collection and disposal of litter
• Effective ventilation systems to prevent nuisance from odour

Next: Protection of Children from Harm

Back: Public Safety

• 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