Statement of Licensing Policy

Thanet District Council

Protection of Children from Harm

6.1  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 protect children from harm, relevant to the individual style and characteristics of their premises and events. The Licensing Authority commends the Portman Group Code of Practice on the naming and packaging of alcoholic drinks.

6.2  The protection of children from harm is an important issue. It is hoped that family friendly premises will thrive, but the risk of harm to children remains a paramount consideration when determining applications.

6.3  The relaxation in the Licensing Act giving accompanied children greater access to licensed premises is seen as a positive step, which may bring about a social change in family friendly leisure. Clearly, this relaxation places additional responsibilities upon licence holders. However, it is recognised that parents and others accompanying children also have responsibilities.

6.4  The protection of children from harm includes the protection of children from moral, psychological and physical harm and, in relation to the exhibition of films, or the transmission of programmes by video or DVD.  This includes the protection of children from exposure to strong language, sexual imagery and sexual expletives. In certain circumstances children are more vulnerable and their needs will require special consideration. This vulnerability includes their susceptibility to suggestion, peer group influences, inappropriate example, the unpredictability of their age and the lack of understanding of danger.

6.5  Whilst children may be adequately protected from harm by the action taken to protect adults, they may also need special consideration and no policy can anticipate every situation. When addressing the issue of protecting children from harm, the applicant must demonstrate that those factors that impact on harm to children have been considered. These may include the potential for children to:-

• Purchase, acquire or consume alcohol
• Be exposed to drugs, drug taking or drug dealing
• Be exposed to serious gambling
• Be exposed to activities of an adult or sexual nature
• Be exposed to incidents of violence or disorder
• Be exposed to special hazards

6.6  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
• Provision of a sufficient number of people employed or engaged to secure the protection of children from harm
• Appropriate instruction, training and supervision of those employed or engaged to secure the protection of children from harm
• Limitations on the hours when children may be present, in all or parts of the premises
• Limitations or exclusions by age when certain activities are taking place
• Imposition of requirements for children to be accompanied by an adult
• Acceptance of accredited ‘proof of age’ cards and/or ‘new type’ driving licences with photographs, passport, an official identity card issued by HM Forces or by a EU country bearing the photograph and date of birth of bearer.

6.7  In the case of film exhibitions, the Licensing Authority will expect licensees to implement measures that restrict children from viewing age-restricted films classified according to the recommendations of the BBFC or the Licensing Authority. In the case of a film exhibition that has not been classified, the Licensing Authority will expect the licensee to certify to the Licensing Authority that an assessment of the suitability of the film for exhibition to children in accordance with the BBFC Guidelines has been carried out, and that this has been confirmed by the Licensing Authority, in writing, prior to public viewing.

6.8  Where certain regulated entertainment is provided the Licensing Authority may  require the presence of an adequate number of adult staff to control the access and egress of children and to protect them from harm whilst on the premises. Where children are present as performers, the Licensing Authority will normally require an adequate number of adult staff to be responsible for the child performers. The staff should be suitably screened to work with children.

6.9  The Licensing Authority will rarely impose complete bans on access by children. In exceptional circumstances conditions restricting access or excluding children completely may be considered necessary. Those conditions may restrict children from entering all or part of licensed premises:

1. at certain times of the day or
2. when certain licensable activities are taking place or
3. to which children aged under 16 years should have access only when supervised by an adult or
4. to which unsupervised children under 16 will be permitted access

6.10   Examples of premises where these conditions may be considered include where:

1. there have been convictions for serving alcohol to minors or where there is some evidence of under-age drinking
2. there is a known association with drug taking or dealing
3. there is a strong element of gambling on the premises
4. entertainment of an adult or sexual nature is commonly provided
5. there is a presumption that children under 18 should not be allowed (eg to nightclubs, except where under 18 discos are being held)
6. licensable activities are taking place during times when children under 16 may be expected to be attending compulsory full-time education.       

Philip Bensted, Licensing Manager

Roger Norman, Senior Licensing Officer

January 2008

Next: Appendix 1 - Strategies

Back: Prevention of Public Nuisance

• 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