Appendix 3

Brighton & Hove City Council

Statement of Licensing Policy 2026

Licensing Act 2003

Executive Summary

This Statement of Licensing Policy has been prepared in accordance with the provisions of the Licensing Act 2003 (the Act) and having regard to Guidance issued by the Home Office under Section 182 of the Act. The licensing authority is Brighton & Hove City Council. The purpose of this statement is to promote the licensing objectives and set out a general approach to making licensing decisions. This policy will inform the approach to be taken when deciding applications and imposing conditions when relevant representations are received.

The Policy recognises the public health role in local authorities and the legal framework for local government after the introduction of The Health and Social Care Act 2012. Local authorities are responsible amongst other things for alcohol and drug treatment and recovery services.

The city receives 10.2 million tourism day trips and 1.6 million staying visitors per year. The cultural and tourism offer in Brighton & Hove is crucial to the ongoing economic success of the city; it brings both money and jobs.

The city has high levels of cultural participation with the proportion of people that engaged with the arts from May 2023 to March 2024 was 93.80%. This is higher than the South East (92.71%) and England (90.42%). Brighton & Hove is known for its vibrant and interesting arts and creative industries which attract tourism and new businesses. The sale and consumption of alcohol contributes greatly to the city’s economy and tourism.

Alcohol-related death rates in Brighton & Hove are not significantly different to the national average.

In 2023, Brighton & Hove recorded 112 alcohol‐related deaths, giving an age-standardised rate of 47.3 per 100,000 population which is similar to the England average of 40.7 per 100,000

However, Brighton & Hove has higher than national average levels of adults binge drinking on their heaviest drinking day, adults drinking over 14 units per week, and dependent drinkers, according to latest available data. And the city experiences local problems such as pre- and post- loading, binge drinking, and street drinking created by cheap alcohol and fierce, localised price competition, particularly between off-licence stores and supermarkets.

The Alcohol Programme Board (APB), recently combined with the Drugs Programme Board to form the Drug and Alcohol Programme Board (DAPB), is a partnership of licensee representatives and colleagues from public health, other council teams, providers, licensing, the police, universities and voluntary sector and provides oversight to the city’s public health approach to minimising the harms from alcohol.

Brighton & Hove has replaced the Cumulative Impact Zone (CIZ) with a City Safety Area (CSA) and adjacent Special Stress Area (SSA), designed to support the consideration of licensable premises in the city centre and promote good practices to minimise the adverse impact from alcohol-use. The Council have also adopted a matrix approach to decision making to encourage the right type of alcohol establishment across the city. Enforcement policies focus on reducing irresponsible promotions and underage sales.

The DAPB also supports various initiatives such as the council-led “Sensible on Strength” scheme to reduce the availability of cheap super strength beers and ciders; working with student organisations to raise the awareness of alcohol harm; and night-time economy safeguarding initiatives that protect the vulnerable and raise awareness of sexual exploitation.

Brighton & Hove City Council: Statement of Licensing Policy 2026

Contents

1. Introduction 7     

1.2 Licensing objectives 7

1.3 Scope 7

1.4 Consultation 8

1.5 Partnership 9

1.6 Local Features 10

1.7 Culture and Tourism 10

1.8 Culture and Creative Industries 10

1.9 Enhanced LGBTQ+ and Inclusion Standards for Licensed

Venues 11

1.10 Environmental Considerations 12

1.11 The Planning Context 12

1.12 Modern Slavery 13

1.13 Human Rights 13

1.14 Delegations 14

2. Public Health and Alcohol 16

2.1 Public Health Perspective 16

2.2 The Drug and Alcohol Programme Board and Sensible on Strength Campaign 18

3. Special Policies and Initiatives 19

3.1 City Centre Safety Policy 19

3.2 Focus on Safety as the Central Priority 20

3.3 Special Stress Area 23

3.4 The Matrix Approach 26

3.5 Good Operator Policy 31

3.6 Live Music, Dancing and Theatre 32

3.7 Off Licences 32

3.8 Alcohol Delivery Services 33

3.9 Street Drinking 34

3.10 Promoters and irresponsible drinks promotions 34

4. Safeguarding Initiatives 35

4.1 Violence Against Women and Girls (VAWG) 35

4.2 Vulnerability Training 35

4.3 Partner Agency Initiatives 36

5. Licensing Act 2003 Provisions 40

5.2 Temporary Event Notices 40

5.3 Shadow Licences. 40

6.Prevention of Crime & Disorder 41

6.2. Sussex Police 42

6.3 Care, control and supervision of premises 43

7. Public Safety 45

8. Prevention of Public Nuisance 46

8.1 Smoking Advice 47

9. Protection of Children from Harm 48

10. Integration of Strategies 50

10.2 Other regulatory regimes 51

10.3 Enforcement 53

11. Reviews 54

12. Contact Details, Advice and Guidance 54

Appendix A – Licensing Best Practice Measures

Appendix A1 – Alcohol Delivery Services

Appendix B – Licensing Enforcement Policy

Appendix C – Film Classification

Appendix D – Lead Agency Status

Appendix E – Police Data for City Safety Area

Appendix F – Public Health Submission

Brighton & Hove City Council: Statement of Licensing Policy

1.      Introduction

1.1 This Statement of Licensing Policy has been prepared in accordance with the provisions of the Licensing Act 2003 (the Act) and having regard to Guidance issued by the Home Office under Section 182 of the Act. This policy takes effect from the Date Jan 2026. The licensing authority is Brighton & Hove City Council. The purpose of this statement is to promote the licensing objectives and set out a general approach to making licensing decisions. The discretion of the licensing authority in relation to applications under the act is only engaged if ‘relevant representations’ are made by other persons or responsible authorities. This policy will inform the approach to be taken when deciding applications and imposing conditions when relevant representations are received. It is also intended as a guide for applicants as to what to include in their operating schedules, always recognising that if no representations are received, the application must be granted. The licensing authority must carry out its functions with a view to promoting the licensing objectives and this policy is framed around those objectives. Each application will be given individual consideration on its merit. The scope of this policy covers the following: 

· Retail sales of alcohol;

· The supply of alcohol by or on behalf of a club, or to the order of, a member of the club;

· The provision of regulated entertainment;

· The provision of late night refreshment.

1.2 The licensing objectives are:

(a) the prevention of crime and disorder;

(b) public safety;

(c) the prevention of public nuisance; and

(d) the protection of children from harm.

1.3 Scope

Licensing is about regulating licensable activities on licensed premises, by qualifying clubs and at temporary events. Any conditions attached to various authorisations will be focused on matters which are within the control of individual licensees and others with relevant authorisations; i.e. the premises and its vicinity. Each application will be given individual consideration on its merit. Nothing in this policy shall undermine the right of any individual to apply under the terms of the act for a variety of permissions and to have any such application considered on its individual merits. Similarly, nothing in this policy shall override the right of any person to make representations on an application or seek a review of a licence or certificate where provision has been made for them to do so in the act.

1.4 Consultation

Before revising or determining policy for any five-year period, the licensing authority must consult:

(a) the chief officer of police for the licensing authority’s area;

(b) the fire and rescue authority for that area;

(c) the Director of Public Health

(d) such persons as the licensing authority considers to be representative of holders of premises licences issued by that authority;

(e) such persons as the licensing authority considers to be representative of holders of club premises certificates issued by the authority;

(f) such persons as the licensing authority considers to be representative of holders of personal licences issued by that authority; and

(g) such other persons as the licensing authority considers to be representative of businesses and residents in its area.

1.4.1 In relation to this, its sixth statement of licensing policy, the licensing authority   has also chosen to consult the following persons or bodies:

· South East Coast Ambulance Service

· Accident & Emergency Services

· Brighton & Hove Bus and Coach Company

· Taxi Forum

· The council’s Transport Planning, Planning Policy, Community Safety, Tourism, Drug & Alcohol Awareness and Economic Development departments

· Ward Councillors

· Individual premises and personal licence holders and club premises certificate holders

· Residents’ Associations

· Generally via the licensing pages of the council’s website and also via the council’s Your Voice Consultation Portal.

· Brighton & Hove Economic Partnership, Business Improvement District (BID).

· Business Crime Reduction Partnership (BCRP)

· The City’s Universities 

· Drug and Alcohol Programme Board. 

Appropriate weight was given to the views of all of those who responded. This policy is subject to Guidance and Regulations issued by the government including any issued after the date of publication of this statement.

1.5 Partnership

1.5.1 The Policy recognises the public health role in local authorities and the legal framework for local government after the introduction of The Health and Social Care Act 2012. Local authorities are responsible amongst other things for commissioning drug and alcohol treatment and recovery services. 

1.5.2 Local leadership for public health is at the heart of the 2012 Health and Social Care Act. Unitary authorities have responsibilities to reduce inequalities and improve the health of their populations, backed by a ring-fenced grant and a specialist public health team, led by the Director of Public Health. Unitary authorities are supported in this by the expertise within Environmental Health, Trading Standards and Licensing.

1.5.3 Local authorities should embed public health functions into all their activities including its duty as licensing authority, tailoring local solutions to local problems, and using all the levers at their disposal to improve health and reduce inequalities. They will create a 21st century local public health system, based on localism, democratic accountability and evidence.

1.5.4 Supporting local political leadership in improving health is the duty of the director of public health and their team. The Director of Public Health is the lead officer in the local authority for health, and a statutory chief officer. The Licensing Manager will act as principal licensing officer.

1.5.5 Public Health champion health across the whole of the authority’s business, promoting healthier lifestyles to promote better health and ensure threats to health are addressed.

1.5.6 The policy recognises the need to balance economic prosperity with community protection. Good regulation at a local level provides fair trading conditions. This creates a fair trading environment, discourages irresponsible practices and promotes community well-being. Local regulation is attuned to supporting the local economy and local businesses. Partnership between responsible authorities reduces conflict between agencies and targets resources.

1.5.7 The licensing authority encourages partnership working with other authorities and agencies. The Business Crime Reduction Partnership (BCRP), Security Industry Authority (SIA) briefing and similar schemes, will be encouraged for instance with Home Office approval to share information and facilitate exclusion of troublemakers.

1.6 Local features

1.6.1 We recognise that two of Brighton & Hove’s biggest economic contributors are the creative and visitor economies. The city’s credentials as a leading creative destination is one that supports, celebrates and promotes the city’s unrivalled history, heritage and world-class arts and culture, its booming creative industries, its position as a leading centre for conferencing and major events, and its outstanding restaurants, cafes, hotels, pubs, and bars to UK and global visitors.

1.6.2 The local visitor economy is characterised by three sectors: conferences, leisure, and English language education. In 2023, Brighton & Hove welcomed 11.8 million visitors, of which 1.6 million stayed overnight. The visitor economy was worth £902m in economic benefit and supported more than 23,742 jobs in the city, which equates to 16% of all employee jobs in Brighton & Hove. With induced and indirect spend the total value of tourism was worth £1.28bn in 2023 (Economic Impact Assessment of Tourism, 2023). The economic impact estimates demonstrate that Brighton & Hove is getting close to a return to pre-pandemic levels of visitor volume and value. 

1.7 Culture and Tourism

1.7.1 Licensing policy supports entrepreneurial activity, promoting the city’s businesses, supporting growth in the creative industries sector, extending the business improvement district and enabling a vibrant nighttime economy. The cultural and tourism offer in Brighton & Hove is crucial to the ongoing economic success of the city, bringing both money and jobs. This range of work also provides solutions to some of the problems of inequality in the city.

1.8   Culture and Creative Industries

1.8.1 The Culture and Creative Industries sector encompasses 10% of jobs and 21% of business in Brighton & Hove. This represented 642m in gross value added (GVA) for the city in 2021. A 2019 study from the University of Sussex highlighted that the sector generated more than £1.5 billion in annual turnover in the city.

1.8.2 A vibrant and inclusive cultural and creative scene supports our nighttime economy, which licensing policy is central to. The live music scene is one of the city’s great success stories, with around 80 different live music events happening each week and generating an estimated £112m for the local economy. We support the Music Venues Alliance Brighton to represent grassroots music venues, recognising that they are particularly vulnerable to increasing commercial and regulatory pressures.

1.8.3 The city currently hosts around 60 festivals each year, including the Brighton Festival (the largest curated arts festival in England), Brighton Fringe, On the Beach and The Great Escape. Festivals contribute over £20 million annually to the city’s economy.

1.9 Enhanced LGBTQ+ and Inclusion Standards for Licensed Venues

1.9.1 Policy Commitment - Brighton and Hove City Council is unequivocally committed to fostering Inclusive Communities through our council plan. This commitment necessitates comprehensive equality and inclusion frameworks across all council functions, with attention to our licensing responsibilities. Our objective is to measurably enhance quality of life and accessible opportunities for all residents, workers, and visitors, with specific recognition of the             historical and ongoing challenges faced by our LGBTQ+ and TNBI (Trans, Non-Binary, and Intersex) communities.

As licensing authority for one of the South East's highest concentrations of licensed venues, we recognise our responsibility to protect vulnerable communities from discrimination while fostering economic vitality and cultural vibrancy.

1.9.2 Operational Standards for Licensed Venues - All licensed venues should meet the following minimum standards:

· Policy Transparency: Admission and service policies should be documented, publicly accessible, and demonstrably non-discriminatory. While reasonable conditions may apply (dress codes, intoxication restrictions), policies should explicitly prohibit exclusion based on gender expression, gender identity, sexual orientation, perceived sexuality, or other protected characteristics.

· Staff Training: All customer-facing personnel should complete training on equality obligations and inclusive service delivery, including LGBTQ+ terminology, pronoun usage, and incident response protocols. Training records should be maintained for inspection.

· Complaints procedures: Venues should implement accessible reporting mechanisms for discrimination experiences, with staff trained to address incidents of transphobia, homophobia, and biphobia.

· Physical Accessibility: Where structurally feasible, venues should provide gender-neutral facilities and conduct access audits addressing barriers faced by disabled LGBTQ+ individuals.

This framework serves as both a commitment to our diverse communities and an accountability mechanism for measuring progress toward genuine inclusion within Brighton and Hove's licensed venues.

1.10 Environmental Considerations

Encourage and promote the reduction of street litter and other forms of waste from licensed premises in line with our goal to deliver an accessible, clean, and sustainable environment that we can all be proud of.

1.11 The Planning Context

1.11.1  Planning, building control and licensing will be properly separated to avoid duplication and inefficiency. Granting of licences will not relieve applicants of the need to apply for planning permission or building control consent and there is an expectation that these issues will have been explored before licensing applications are submitted. Applicants are recommended to obtain correct planning consents prior to applying for a licence to avoid potentially inoperative licences.

1.11.2 Where appropriate, matters for consideration in licensing applications will not duplicate matters considered as part of any planning application. Licensing decisions will take into account any relevant planning decisions either by the Planning Committee, planning officers or following appeals against decisions taken by that committee and will not normally cut across such decisions.

1.11.3 Where appropriate, when considering planning applications within the above policy framework, planning conditions can be attached to permissions to safeguard amenity and mitigate against cumulative impact.

1.12 Modern Slavery

1.12.1 The Modern Slavery Act 2015 covers offences where a person

(a) holds someone in slavery, servitude or compulsory labour

(b) arranges or facilitates the travel of another for the purposes of exploitation (human trafficking).

Section 52 of the 2015 Act imposes a statutory duty on Brighton & Hove City Council as a “first responder” agency - to notify the Home Office if we believe someone has been a victim of slavery, servitude, compulsory labour or human trafficking. The Council has an internal pathway so that potential victims who are identified can be engaged with by trained officers from the most appropriate service, depending on the age and needs.

1.12.2 Business owners of a licensed premises can be perpetrators of exploitation, by subjecting employees to conditions that amount to offences under the Modern Slavery Act. This can occur (but not limited to) where the individuals do not have the legal right to work in the UK and are required to work outside of the employment protections of UK law and for less money than the statutory minimum wage.

1.12.3 Licensed premises might be unwitting hosts to modern slavery by allowing exploiters or traffickers to use the licensed establishment as a venue.

1.12.4 The Licensing Authority should have an understanding of the Modern Slavery Act and of the indicators of modern slavery and human trafficking, as well as an awareness of how to report concerns internally within Brighton & Hove City Council and law enforcement, where necessary.

1.13 Human Rights

1.13.1 The Human Rights Act 1998 incorporates the European Convention on Human Rights and makes it unlawful for a local authority to act in a way that is incompatible with a Convention right. The licensing authority will have particular regard to the following relevant provisions of the European Convention on Human Rights:-

· Article 6 that in the determination of civil rights and obligations everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

· Article 8 that everyone has the right to respect for private and family life and his home.

· Article 1 of the First Protocol that everyone is entitled to the peaceful enjoyment of his possessions (including for example possession of a licence).

1.14    Delegations

For convenience, the national scheme of delegation for determinations is set out below.

Matter to be dealt with	Full Licensing Committee	Sub-committee	Officers
Application for personal licence		If a police objection	If no objection made
Application for personal licence with unspent convictions		If a police objection	If no objection made
Application for premises licence/club premises certificate	If discretion engaged for major applications	If a relevant representation made	If no relevant representation made
Application for provisional statement		If a relevant representation made	If no relevant representation made
Application to vary premises licence/club premises certificate		If a relevant representation made	If no relevant representation made
Application to vary designated premises supervisor		If a police objection	All other cases
Request to be removed as designated personal licence holder			All cases

Application for transfer of premises licence		If a police objection	All other cases
Application for interim authorities		If a police objection	All other cases
Application to review premises licence/club premises certificate		All cases
Decision on whether a complaint is irrelevant, frivolous, vexatious, etc.			All cases
Decision to object when local authority is a consultee and not the relevant authority considering the application			All cases
Determination of a police/EHA objection to a temporary event notice		All cases
Policy decisions	All cases
Decision whether to consult other responsible authorities on minor variation application			All cases
Determination of minor variation application			All cases

1.14.1 The professional development and competence of licensing councillors will be provided and maintained to support the need to act as a professional licensing authority, meeting lawful standards of good administrative decision making.

2.       Public Health and Alcohol

2.1 Public Health Perspective

2.1.1 Where a local authority’s Director of Public Health (DPH) exercises its functions as a responsible authority, it should have sufficient knowledge of the licensing policy and health issues to ensure it is able to fulfil those functions. If the authority wishes to make representations, the DPH will decide how best to gather and coordinate evidence from other bodies which exercise health functions in the area, such as emergency departments and ambulance services. Health bodies may hold information which other responsible authorities do not, but which would assist a licensing authority in exercising its functions. This information may be used  by the health body to make representations in its own right or to support representations by other responsible authorities, such as the police. Such representations can potentially be made on the grounds of all four licensing objectives.

2.1.2 NHS England, the Department of Health and Social Care (DHSC) , and the Local Government Association recognise that the Statement of Licensing Policy provides an important opportunity to incorporate relevant local public health concerns, within the wider policy context of the local licensing authority and that as a responsible authority, the DPH has a key role in identifying and interpreting health data and evidence. Although there have been improvements in some alcohol related health issues, alcohol still has a significant impact on the health and wellbeing of local people. The Statement of Licensing Policy operates in this context and decisions about licensing need to be taken to protect the local population, including families and children, from the many harms that alcohol can cause.

2.1.3 In 2023/24 there were 3,366 hospital-admission episodes for a broad definition of alcohol-related conditions in Brighton & Hove, a rate of 1,367 per 100,000 population which is below the England rate of 1,824 per 100,000 population. For alcohol-specific conditions, Brighton & Hove saw 1,518 episodes (which equates to a rate of 579 per 100,000), now lower than the national rate of 612 per 100,000 population.  Both indicators are now significantly better than the England average and for the last six years, the local rate has been below the rate for England.

2.1.4 Central Brighton and particularly the West Street area has been identified as a violent crime hotspot. Through effective coordination of relevant strategies and policy areas (e.g. licensing, policing and public safety), the council will seek to improve safety by encouraging a more balanced range of complementary evening and night-time economy uses which appeal to a  wide range of age and social groups and managing existing late night uses within identified parts of central Brighton. Local work to reduce violent  crime is coordinated through the Local Public Service Agreement / Violent Crime Action Plan. In addition, a ‘City Safety Area’ within central Brighton has been adopted by the Council and grants greater powers to control the number of licensed premises in the city centre.

2.1.5 Brighton & Hove scores significantly worse than the England average for the following indicators that profile alcohol related harm:

· Alcohol specific hospital admissions for under 18s: Brighton and Hove is at the worst end of the local‐authority range.

· Potential years of life lost due to alcohol-related conditions (Male)

         Source: Fingertips: Local Alcohol Profile

Brighton & Hove also has higher than national average levels of adults binge drinking on their heaviest drinking day, adults drinking over 14 units per week, and dependent drinkers, according to latest available data.

2.1.6 Alcohol consumption data:

Brighton & Hove’s percentage of adult’s binge‐drinking on their heaviest drinking day for the 2020–22 rolling period is:

· 16.8 % (England average 14.8 %)

Dependent drinkers 

The “Possible alcohol dependence (AUDIT)” indicator was introduced in February 2025, however, is only published at the England and regional level, not for individual local authorities.

England (2022): 0.6 % of adults are classed as having possible alcohol dependence (AUDIT) Fingertips.

· Brighton & Hove: this indicator is not available at local‐authority level. See Health Counts data for 2024 data below.

The Health Counts survey 2024 showed 44% of adult Brighton and Hove respondents drink at increasing risk (28%), higher risk (14%) or possible dependence levels (2%). The questions were different to those asked in 2012 so no local trend data is available. Of adult respondents to Health Counts, 16% reported binge drinking weekly and 2% daily or almost daily.

2.1.7 A report entitled ‘Public Health Framework for Assessing Alcohol Licensing’ is produced by the Public Health Intelligence team and is currently in the process of being updated with 2024/25 data. It contains ward by ward analysis of crime and disorder data and health data and as such is a valuable tool in assessing the potential impact of new licences within a community. The Director of Public Health may use this information to inform a representation relating to an individual application. This document is available here (link to follow)

2.1.8 Since 1^st April 2020 the drug and alcohol treatment and recovery service for Brighton and Hove has been provided by Change, Grow, Live (CGL). CGL is a large health and social care charity successfully providing drug and alcohol services in many areas across the UK including East and West Sussex. The recovery service is delivered by an integrated team of doctors, nurses, psychiatrists, recovery coordinators, recovery champions, peer mentors, community outreach and volunteers. Some aspects of the service are subcontracted to community pharmacy and local specialist voluntary sector partners, The Oasis Project and Cascade Creative Recovery. The service works collaboratively with a range of NHS and voluntary sector partners across the City to improve outcomes for those affected by drugs or alcohol.

2.2 The Drug and Alcohol Programme Board and Sensible on Strength Campaign

2.2.1 The Alcohol Programme Board (APB), which has now merged with the Drugs Programme Board to become the Drug and Alcohol Programme Board, includes health commissioners and NHS/voluntary sector providers, the Council, University student reps, police, licensees, retailers and probation services. The Boards, current and previous, monitor and review interventions associated with the availability of alcohol, in particular, local problems such as pre-loading, binge drinking and street drinking. These are often exacerbated by the availability of cheap alcohol and fierce, localised price competition, particularly between off-licence stores and supermarkets.

2.2.2 Over recent years problems associated with street drinking have been experienced across the city but particularly in New Road. There are many support services in place to deal with this and the drinkers themselves, including outreach services. In addition there are multiple campaigns that support the reduction of availability of high strength alcohol and help target problem drinking.

2.2.3 In November 2013 the Licensing Authority launched the ‘Sensible on Strength’ scheme to reduce the availability of cheap super-strength beers, lagers and ciders. Off licences voluntarily sign up not to sell cheap super-strength beers, lagers and ciders over 6% ABV and operate good practice measures (see 3.8.3), for which they receive an accreditation as a responsible retailer.  This has been a considerable success and we have received positive feedback including from businesses, alcohol treatment centres and health professionals. This is an ongoing scheme that is regularly reviewed.

2.2.4 The ultimate aim of such campaigns is to reduce alcohol related harm and anti-social behaviour, and to encourage lower strength alcohol use.  Evidence shows that in moving to lower strength alcohol, the level of deterioration in health is slowed and there is more likelihood that people using alcohol will move to less harmful drinking.  Public health is not a licensing objective but reducing high alcohol by volume drinks from the off licence trade should benefit alcohol related morbidity and mortality and associated harms such as anti social behaviour ASB.

2.2.5 Other campaigns include:

Local Alcohol Awareness Week Activation
Each July, Brighton & Hove City Council and Change Grow Live, host information stalls at Hove Town Hall, libraries, surgeries and community centres to raise awareness of alcohol harm, share resources and signpost to treatment services. Brighton & Hove City Council

2.2.6 Additionally, at national level, Dry January and Alcohol Awareness Week is led by Alcohol Change UK and remain high-profile, with free toolkits for workplaces and communities to run their own events and challenges. alcoholchange.org.uk

3. Special Policies and Initiatives

3.1 City Centre Safety Policy.

3.1.1 This special policy replaces the previous special policy on cumulative impact which has been a feature of the SoLP since 2008. It will refer to a City Safety Area (CSA) a detailed plan of which is shown below.

3.1.2  The CSA has the same borders as the previous Cumulative Impact Zone (CIZ). The CSA continues to be an area of special concern to the licensing authority because of the high levels of crime and disorder and nuisance experienced within it. This is evidenced by the police data which is attached at Appendix E of this policy.

3.1.3 The existing Special Stress Area (SSA) will remain the same.

3.2 Focus on safety as the central priority.

3.2.1 After careful consideration the Licensing Authority has decided to re-designate the area formerly covered by the CIZ as a CSA in order to make safety the overriding focus and priority in and around licensed venues.  In doing so the Licensing Authority’s objective is to maximise protection for everyone participating in the night-time economy, particularly people visiting, working and living in the city centre. It is recognised that cumulative impact continues to be a feature of the CSA but by careful scrutiny of licence applications and mandating robust safety policies the Licensing Authority’s aim is to improve safety by reducing levels of crime, disorder and public nuisance (and their associated harms) and so promote the licensing objectives within the CSA. Through this revised approach, the Licensing Authority will seek to promote a diverse range of venues within the city centre, recognising the importance of diversity to the safe and efficient functioning of this area and its night time economy.

3.2.2 This special policy is underpinned by two key elements. 

3.2.3 Firstly, although no longer subject to a blanket presumption of refusal, all applications within the CSA will be scrutinised against the new Matrix Approach (set out at 3.4 of the policy) meaning that applications which do not comply with the Matrix are likely to be refused (and the Licensing Authority – acting as a responsible authority – will generally make relevant representations objecting to the grant of a licence in these circumstances).  As explained further below, the Matrix Approach will not be applied inflexibly – but the Licensing Authority will only depart from it in exceptional circumstances.

3.2.4 Secondly, applications within the CSA will be expected to include in the proposed operating schedule robust additional measures (as appropriate to the nature and location of the venue) which are set out in appendix A. These best practice measures place a special emphasis on safety, including measures to tackle drink spiking, unwanted sexual behaviour and the use of ID scanners.  Before making an application within the CSA, applicants are expected to consult with the responsible authorities and seek advice on which  measures are appropriate to include in the proposed operating schedule. 

Applicants should also be aware that the Licensing Authority will likely refuse applications within the CSA which do not comply with the Matrix Approach even where appropriate measures drawn from the appendix have been proposed: of itself, satisfying the requirements of the appendix will not be considered exceptional circumstances capable of justifying a departure from the Matrix.

3.2.5   The Role of Cumulative Impact

3.2.6 Cumulative impact remains a significant concern due to the high concentration of licensed premises within the CSA.  This is evident from the police data at Appendix E. However, it is recognised that the degree of impact is likely to vary for different premises depending on their business model and other characteristics. For example a large nightclub or public house is likely to  add to problems of cumulative impact, but a theatre, or live music venue – where consumption of alcohol is not the primary activity – is less likely to have  a similar degree of impact. This risk based approach along with the objective of encouraging a diversity of venues has formed the basis for our new Matrix Approach below.  

3.2.7 All applications will be considered on their own merits. The Matrix Approach sets out the Licensing Authority’s preferred approach, but this does not mean that applications which comply with the Matrix will always be granted.  It is expected that responsible authorities or other persons will continue to make representations based on cumulative impact in appropriate cases and therefore the Licensing Authority may in its discretion refuse an application on grounds of cumulative impact notwithstanding that it otherwise complies with the Matrix Approach. 

3.2.8 A detailed plan of the CSA is shown below:

3.2.9 The City Safety Area comprises the area bounded by and including: the north side of Western Road, Brighton from its intersection with the west side of Holland Road to the junction with the west side of Dyke Road at its eastern end; from there, north-east to the junction of the north side of Air Street with the westside of Queens Road and then northward to the north-west corner of Surrey Street junction with Queens Road; thence along the north side of Trafalgar Street eastwards to its junction with York Place and continuing south-east across to Grand Parade, then south to the junction of Edward Street; along the north side of Edward Street to the east side of its junction with Egremont Place and southward along the eastern sides of Upper Rock Gardens and Lower Rock Gardens; southward to the mean water mark and following the mean water line westward to a point due south of the west boundary of Holland Road; northward to that point and along the west side of Holland Road to its northwest boundary and then diagonally across Western Road to its intersection with the west side of Holland Road.

3.3       Special Stress Area

Since March 2008, the licensing authority has kept the Special Stress Area (SSA) under review which included in Nov 2018, expanding the SSA into Central Hove and in Nov 2020 it was expanded further into Preston Road and Beaconsfield Road. 

3.3.1 The map below details the area of the city centre which borders the City Safety Area and which is deemed an area of special concern in terms of the levels of crime and disorder and public nuisance experienced within it. The area recommended for further monitoring and detailed guidance within the Special Policy comprise the following as pictured below delineated in blue.

The Special Stress Area - an area bounded by and including: The west side of Hove Street/Sackville Road, northwards to the intersection with the north side of Blatchington Road, along north side of Blatchington Road and Eaton Road, southwards at the junction onto the east side of Palmeira Avenue and then eastwards at the junction onto the north side of Landsdowne Road; eastwards to the junction with Furze Hill, along the north side Furze Hill to its end and then due east along the north side of Victoria Road to its junction with Montpelier Road (west side), north to where Montpelier Road joins Vernon Terrace then north to Seven Dials; north west along the west side of Dyke Road until the junction with the Old Shoreham Road, then East along the north side of Old Shoreham Road, continuing on the north end of New England Road, north west at Preston Circus at the junction of New England Road and Preston Road along the west side of Preston Road until the junction with Stanford Avenue then and north east along the north side of Stanford Avenue until the junction with Beaconsfield Road, south along the east side of Beaconsfield Road until the junction at Preston Circus and Viaduct Road, eastwards along the north side of Viaduct Road, then at the junction with Ditchling Road, North East along the north side of Upper Lewes Road until the junction with Lewes Road; south along the Lewes Road to junction with Hartington Road, along the north side of Hartington Road until the junction with St. Helen’s Road, south into the north side of May Road, eastwards until its junction with Freshfield Road (east side), then south into Upper Bedford Street, into Bedford Street to the mean water mark south of Bedford Street, then due west until the mean water mark south of Lower Rock Gardens; North on Upper Rock gardens, to the north side of Eastern Road, west along Eastern Road and Edward Street until Grand Parade, north along the Eastern side of Grand Parade to the junction of York Place and Trafalgar Street, West along the Northern boundary of Trafalgar Street, up to and including Surrey Street and then South along the Western boundary of Queens Road to the junction with Air Street, West along the north side of Air Street, South-west to the junction of Western Road Brighton, then West along the North side of Western Road Brighton, South along the West side of Holland Road to the mean water mark south of Kingsway and Kingsway Esplanade as far as the west side of Hove Street/ Sackville Road.

3.3.2 This Special Stress Area (SSA) is of concern to the licensing authority because of the relatively high levels of crime and disorder and nuisance experienced within it. The area will be kept under review.

3.3.3 New and varied applications for premises and club premises certificates within the SSA will not be subject to the presumption of refusal, but operators will be expected to pay special attention when drawing up their operating schedules and to make positive proposals to ensure that their operation will not add to the problems faced in these areas. Appendix A of the SoLP sets out a list of potential measures the licensing authority considers may be appropriate. These may be more or less appropriate depending upon the style of operation applied for.

3.3.4 On receipt of any application in the SSA, where a relevant representation has been made, the licensing authority will scrutinise the application carefully and will look at the measures proposed in the operating schedules and compare them to the measures set out in Appendix A, Licensing Best Practice Measures. Where discretion has been engaged, those applications which fall short may be refused or conditions applied to comply with policy measures.

3.3.5 The Licensing Authority will keep the City Safety Area and Special Stress Area under review. Should the authority find that problems of crime and disorder or nuisance are not improving, or are worsening, the Special Policy will be reviewed.

3.4 The Matrix Approach

The Licensing Authority will support:

3.4.1 Diversity of premises: ensures that there is a mix of the different types of licensed premises and attracts a more diverse range of customers from different age groups, different communities and with different attitudes to alcohol consumption. It gives potential for positively changing the ambience of the city or an area of it. This will have a positive effect in reducing people’s fear of crime and in increasing the number of evening visitors to the city centre. The Community Safety Strategy recognises that too many single uses in a confined area and patrons turning out onto the streets at the same time may create opportunities for violent crime and public disorder and therefore supports: mixed use venues encouraging a wider age balance.

3.4.2 A ‘Matrix’ approach to licensing decisions has been adopted and is set out below. It provides a firm framework of what the licensing authority would like to see within its area and gives an indication of the likelihood of success or otherwise to investors and businesses making applications. It underpins the City Centre Safety Policy (see above at 3.1).

Matrix approach for licensing decisions in a Statement of Licensing Policy (times relates to licensable activities)

	City Safety    Area	Special Stress Area	Other Areas
Food & dining venues	1 am	1 am	1 am
Fast food premises	No	Midnight Deliveries until 2am	Midnight Deliveries until 2am
Cafe	10pm	10pm	10pm
Performance venues	Midnight	Midnight	Midnight
Grassroots Music venues	Midnight	1am	1am
Nightclubs	No	No	No
Public houses and bars	No	Midnight	Midnight
Non-alcohol led venues	Midnight	Midnight	Midnight
Off licences	No	No	Yes (Up to 11pm but if in densely residential area may be earlier – see note below)
Shared workplaces, co-working offices	Midnight	Midnight	Midnight
Members’ clubs	11pm	Midnight	Midnight

3.4.3 Explanatory notes on matrix

Definitions: [each venue will be considered individually, and the below definitions may need to be applied flexibly depending on the business model of the specific venue]

Food and dining venues	· Provide substantial table meals to customers dining at the premises · Food is prepared on site · Alcohol is sold to customers ancillary to a substantial table meal for consumption at the premises (or in an associated outdoor dining area) only · If takeaway service is provided, must be ancillary to provision of substantial table meals
Fast food premises	· Provide late night refreshment of fast food intended for immediate consumption on the premises or takeaway · Food is served in disposable packaging
Cafes	· Sell alcohol to customers for consumption on the premises in addition to other food and drink products · Food and drink is served to customers seated at a table including to any outdoor designated area · Food is prepared on site and the premises will have a fully operational kitchen · A full menu of the hot and cold food items available will be clearly on display within the premises. · Generally operate in the daytime and early evening only.
Performance venues	· Provide performances of live music, theatre, dance and other creative arts to entertain an audience · Includes live music venues, concert venues, cabarets and theatres · Does not include karaoke or Grassroots Music Venues
Grassroots Music  Venues	· Grassroots Music Venues are small, typically local venues that provide a platform for emerging and independent musicians to perform. They are often pubs, clubs, or other small spaces where artists can hone their craft, gain experience, and connect with a local audience. These venues play a crucial role in nurturing talent and supporting the development of the music scene.   · A member of Music Venues Alliance Brighton or Music Venues Trust or similar
Nightclubs	· Provide regulated entertainment and the sale of alcohol · Main licensable activity is recorded and live music with provision of dance floors, sound systems and light displays · Generally, operate at night and into early hours of the morning
Public houses and bars	· Sell alcohol to customers for consumption on the premises · Sale of alcohol takes place at the bar · Includes tap rooms and craft beer pubs · May also carry out other licensable activities · Does not include cafes
Non-alcohol led venues	· Cultural venues such as art galleries, museums, theatres · Experiential entertainment venues such as escape rooms and social gaming venues · Alcohol is sold to customers for consumption on the premises  · Supply of alcohol is ancillary to entertainment offering · Does not include shared workplaces and co-working offices
Off licences	· Supermarkets and convenience stores which supply alcohol for consumption off the premises in addition to other retail products · Includes alcohol delivery services fulfilling remote orders for sale of alcohol · Restrictions on ABV% e.g. the Sensible on Strength 6% condition?
Shared workplaces, co-  working offices	· Office premises in which individual workstations and meeting rooms are rented to solo workers and small businesses
Members’ clubs	· Premises authorised to carry out licensable activities under a club premises certificate

3.4.4 Each application will be considered on its own merits. However, the Licensing Authority will apply the Matrix Approach in all cases unless there are exceptional circumstances which justify a different approach.

a). Applications within the CSA will be subject to a special policy requiring robust measures to be included in the operating schedule to promote safety. Applications within the SSA will be subject to the special stress policy set out in 3.3.

b).        Exceptional circumstances.  The Licensing Authority will determine exceptional circumstances on a case-by-case basis. An example of exceptional circumstances could be where the applicant has provided sufficient assurances to the responsible authorities that they do not make relevant representations against the application. Another example is where the application is for a variation to an existing premises licence and the applicant satisfies the criteria for a “good operator”.

c).        Activities which the Licensing Authority values and wishes to encourage: LGBTQ+ and TNBI venues; outdoor regulated entertainment; cafes; members’ clubs; traditional pubs (outside the CSA); non-alcohol led licensable activities, especially within the city centre.  The Licensing Authority will aim to permit these types of venues in appropriate locations, but will consider each case – including any relevant representations – on its own merits.

d). Location.  Consideration will be given to the character of the area of the venue in every case.  In residential areas, the Licensing Authority will pay particular attention to the potential of a venue to cause public nuisance, especially noise disturbance, littering and anti-social behaviour.  In these areas, an early closing time may be appropriate.

e).        Food and dining venues.  The Licensing Authority will require conditions to ensure that these venues are food-led, such as: alcohol to be sold only to customers taking a substantial table meal; no takeaway service of food for immediate consumption (an ancillary meal delivery service is acceptable).  Where the venue has an agreement to use an adjacent outdoor area, the Licensing Authority will require evidence that a pavement licence has been granted for use of the highway (for highway land) or landowner’s consent (for land other than a highway).

f).         Off licences.  Particular consideration will be given to applications for off-licences in areas which already have one or more off-licences in close proximity, due to concerns about street drinking, underage sales and anti-social behaviour.  Where relevant representations are made raising these issues, the application is likely to be refused or – if it is appropriate to grant the application – granted subject to a terminal hour in line with neighbouring off licences.

g).        Outdoor events.  Outdoor events will generally be supported where they have been arranged through the Council’s event planning process.

3.4.5 Cafes - The Licensing Authority will require conditions to ensure that cafes operate as genuine cafes and not as public houses. The licensing authority may be prepared to look favourably upon anapplication for the grant of a licence, subject to the following conditions that will prevent the premises becoming a public house. 

· The sale of intoxicating liquor and other beverages shall be waiter/waitress service for consumption by persons seated at tables.

· Substantial food shall be available at all times. The licensing authority shall judge each case on its own merits but as a general rule, a bowl of crisps, nuts, or olives does not constitute substantial food.

· Food must be prepared on site and the premises will have a fully operational kitchen.

· A full menu of the hot and cold food items available will be clearly on display within the premises. 

3.4.6 Food & Dining Venues - the licensing authority may be prepared to look favourably upon an application for the grant of a licence, subject to the following conditions.

· Intoxicating liquor shall not be supplied or sold on the premises otherwise

than to persons taking table meals there and for the consumption by such      a person as an ancillary to their meal. There will be no vertical drinking.

· Food & dining venues with outside service - the licensing authority will also consider applications from these venues that request to serve alcohol to areas adjacent to or immediately outside their premises. In addition to the above conditions for cafes, the licensing authority will require evidence that the applicants have an agreement with the local authority to use the area as defined on a plan provided. The following condition may also apply:

· The sale and supply of alcohol for consumption off the premises shall be

restricted to an area licensed by the Local Authority for use of the public highway as shown on the plan deposited and such area shall be defined by a physical barrier acceptable to the licensing authority.

3.5 Good Operator Policy

3.5.1 Good operators of licensed premises are valuable partners in assisting the Licensing Authority to promote the licensing objectives in Brighton and Hove and contributing to our city's unique and vibrant culture.  The Licensing Authority has therefore decided to introduce a new policy measure – the Good Operator Policy – to reward and incentivise the responsible management of licensed premises.  Under the Good Operator Policy, there will be a presumption in favour of granting applications to vary premises licences which are submitted by good operators as defined by this policy.  This includes variations to trading hours beyond the hours indicated by the Matrix Approach.  In general, the Licensing Authority will consider granting such applications to be appropriate for promoting the licensing objectives – unless there is clear and compelling evidence they would be undermined by granting the application.

3.5.2 A ”good operator” is an applicant for an application to vary a premises licence who satisfies all of the following criteria:

· at the time of making the variation application, and at the time the application is determined, they are the holder of the premises licence subject to the application

· in the 3 to 5 year period prior to submitting the application, the applicant has not been subject to any formal intervention^[1] by the responsible authorities in connection with that [or any other] premises [in Brighton and Hove]

· Formal intervention includes the following; a formal written warning; an application for review or summary review; a closure notice or closure order; a prosecution for an offence under the Licensing Act 2003; a penalty for employing illegal workers; or an abatement notice

3.6      Live Music, Dancing and Theatre

3.6.1 This policy recognises the need to encourage live music, dancing and theatre for the wider cultural benefits of the community generally. In addressing such issues the potential for limited disturbance in neighbourhoods will always be carefully balanced with these wider benefits. The impact of licensing on regulated entertainment, particularly live music and dancing, will be monitored.

3.6.2 The Licensing Committee represents the general interests of a community in determining what conditions should be attached to licences and certificates as a matter of necessity for the promotion of the licensing objectives. All members of the Licensing Committee will be trained on Licensing Act 2003 and S182 Guidance. The Licensing authority is aware of the need to avoid measures which deter live music, dancing and theatre - such as imposing indirect costs out of proportion to the income of the licence holder and to the risks presented. Only appropriate, proportionate and reasonable licensing conditions should impose any restrictions on such events.

3.7. Off Licences

In recent years there has been a noticeable shift towards more people buying alcohol from shops and drinking at home prior to going into premises such as pubs and clubs. The council is concerned that alcohol loading from off-licence sales is a significant problem in the city and adversely affects the licensing objectives as it gives rise to problems of drunkenness, disorderly behaviour and a higher risk of alcohol sales to children. Representations from the police, local residents and the director of public health at licensing panel hearings have testified to these problems. Additionally, regular test purchasing carried out by Sussex Police in partnership with BHCC Trading Standards has identified that off licences continue to be a place where young people under the age of 18 can purchase alcohol illegally.

3.7.1 The city safety policy and area as well as the special stress area apply to off- licences as explained in the matrix approach at 3.5. But in general where applications are made for new premises or variations to existing licences, and where the police or others make representations against the grant of a further licence for off sales, the council will give specific consideration to restricting the number, type, and the hours of premises selling alcohol exclusively for consumption off the premises, training and levels of staffing, are appropriate to ensure that the licensing objectives are promoted in what may be challenging circumstances.

3.7.2 The Licensing Authority encourage off licences to join the Council led “Sensible on Strength” scheme to reduce the availability of cheap super strength beers and ciders. Off licences voluntarily sign up not to sell cheap super-strength beers, lagers and ciders over 6% ABV and operate good practice measures (see 3.7.3), for which they receive an accreditation as a responsible retailer.

3.7.3 Areas of best practice that may be included in an Operating Schedule include;

· the installation of a digital CCTV system by liaison with, and to a standard approved by Sussex Police

· Challenge 25 policy

· Refusals system

· Documented staff training including underage sales, drunkenness and proxy sales

· Voluntary restriction of high strength alcohol - operating schedules may be used to limit high ABV beers, lagers and ciders

· BCRP membership (or other accredited scheme)

· No sale of single cans

· Displays should not be located at the entrance/exit points or near checkouts

· Restrictions on types of alcohol e.g. specialist or geographical region only being sold

3.8 Alcohol Delivery Services

The Licensing Authority and Sussex Police have specific concerns around the delivery of alcohol off the premises due to issues around the end location of delivery, age verification checks (Challenge 25), the increased possibility of the alcohol coming into the CSA and SSA from other areas, as well as the personal safety of drivers when having to refuse a delivery at the end destination. Later hours also mean that persons can access further alcohol beyond what they may be able to access in their local area. There are concerns around persons who are already intoxicated ordering more alcohol to continue their night. 

3.8.1 Alcohol delivery poses a unique set of challenges as it often transfers the final age verification to a person who has no responsibility in relation to the premises licence which authorised the sale of alcohol. A premises licence holder needs to be satisfied that their drivers or the delivery drivers of the third party company they chose to use, have received regular and comprehensive training in age verification and identifying persons who have consumed too much alcohol.  Consideration may be given to using drivers employed directly by the premises as opposed to third party providers.

3.8.2 Evidence has shown that customers have previously used landmarks/businesses not related to them as addresses for delivery so that alcohol could be consumed in open spaces/parks. The risk being that this may lead to increased crime and disorder including anti-social behaviour and criminal damage, as well as the possibility that underage persons can gain access to alcohol. Concerns have also been raised about the delivery of alcohol to known street drinking hotspots. Therefore, a condition requiring all deliveries to be to a verifiable residential or business address and a face to face ID verification is vital in mitigating some of this risk.

3.8.3 While the Licensing Authority and Sussex Police recognise this is a growing area of business, new or variation applications to include the delivery of alcohol off the premises will be subject to increased scrutiny. Suggested conditions for the provision of an alcohol delivery service can be found at Appendix A1. These are not exhaustive and each application will be considered on its own merits.

3.9 Street Drinking

The Licensing Authority will have regard to areas highlighted by Sussex Police that are at risk from alcohol related anti-social behaviour. The nature of these areas can be fluid/seasonal and so updated maps and data will be produced regularly to ensure the information is current. These hot spot areas are considered high risk for street drinkers and the Licensing Authority will have regard to prevention of crime and disorder by virtue of street drinking and anti-social behaviour when considering applications in this area.

3.10 Promoters and irresponsible drinks promotions

3.10.1 The Licensing Act 2003 makes no mention or provision for the use of promoters within licensed premises. Many of the late night bars and clubs within the Brighton & Hove regularly hire promoters to sell nights at their venues. Issues that have been identified with the use of promoters within the  night time economy, in recent years include individual promoters vouching for underage customers to get them inside licensed premises where they can access alcohol, providing flyers to passers by who throw them on the floor and irresponsible promotions for their nights. Many premises now have an agreement with their promoter for acceptable promotions and behaviour which includes the signing of a written contract of expectations. This shows premises evidencing their due diligence and ensures that promotion companies know what is expected of them. The contract could include, obligations to pick up self generated litter, verification of ages of their customers and users of their social media, promoters being over the age of 18 and responsible advertising on social media.

3.10.2 The Licensing Authority expect licensed premises to develop staff policy and training on recognising signs of drunkenness, spiking and vulnerability, for example, offering drinking water and tips for refusing customers who appear drunk. And discourage company polices that promote bonuses and sales incentives for selling alcohol. Licensing Authority will expect necessary precautionary processes to restrict drunkenness, e.g. Licensing Guidance states happy hours should not be designed to encourage individuals to drink excessively or rapidly.

4. Safeguarding Initiatives

4.1 Violence Against Women and Girls (VAWG)

4.1.1 The Community Safety Partnership also oversees the Violence Against Women and Girls (VAWG) Strategy as part of their remit. They can be contacted at VAWG.Unit@brighton-hove.gov.uk For information and training on VAWG related issues.

4.1.2 Brighton and Hove supports the White Ribbon campaign and the Licensing Authority would encourage all licensed premises to promote the ‘White Ribbon Promise’ to never commit, excuse or remain silent about violence against women and girls. Training and support is available to support premises to take action, further information regarding training can be obtained from VAWG.unit@brighton-hove.gov.uk . Accreditation is still in progress for BHCC.

4.2       Vulnerability Training

4.2.1   Additional training in safety measures and vulnerability for the night time economy.

Training has previously been delivered by Sussex Police in conjunction with the Brighton Crime Reduction Partnership (BCRP) to staff working within the night-time economy to provide them with knowledge of vulnerability and ensure they understand their responsibilities and duty of care to vulnerable people including actions that must be taken to reduce identified risk.

4.2.2   Training carried out or provided to venues should include:

· Vulnerability Identifiers and Initiatives - These include what to look for and how to identify if a person is vulnerable or has become vulnerable throughout an evening. It may include schemes such as ‘Ask for Angela’ which is an initiative for persons that are feeling uneasy in a night time economy venue and need a safe way of leaving. The individual can approach a member of bar staff and ask for Angela and the staff will know this person needs some help getting out of a situation they don’t feel safe or comfortable in. This could be calling them a taxi or a friend or family member to come and collect them.

· Drink Spiking - The BCRP have facilitated a number of training sessions for bar staff and management around how to respond to a spiking incident. This remains an ongoing concern in the night time economy and venue staff/night time economy workers should be encouraged to engage in continual learning around this.

· High risk venues will need to have a clear and actionable policy in place to prevent and respond to drink spiking. This includes staff training, procedures for reporting incidents, and support for victims.

· The Home Office Spiking Team also offer free training to people working in the nighttime economy.  Further details can be found via the following link: Spiking Awareness Training Tickets, Multiple Dates | Eventbrite

· Safety-First Door Policy:Venues will no longer be allowed to eject vulnerable individuals, especially lone adults, without care. Whether someone is intoxicated, separated from their group, or simply in need of help, venues must act responsibly.

4.2.3 Premises should make themselves aware of the: Night Time Industry Association (NTIA) standards of good practice for dealing with spiking and having a duty of care for customers as well as integrate with other safety- related initiatives in the city. Guidance & Best Practice - NTIA

4.3 Partner Agency Initiatives

4.3.1 Safe Space

Safe Space, run by Change Grow Live (CGL), runs throughout the year on Fridays and Saturdays (23.30-04.00Hrs) from its base in St Pauls Church, West Street. The project provides a safe place for users of the night time economy who are rendered more vulnerable due to alcohol and/or drug use, or through physical injury or emotional distress. Safe Space regularly provides emotional support to distressed people, including delivering suicide prevention interventions and safety planning (through the ASIST model). First Aid is provided with emotional and practical support from the CGL team. subject to funding, CGL may also deploy a mobile outreach team along the seafront, providing an immediate response to vulnerable individuals and, where safe to do so, transporting them to St Paul’s Church. Mobile teams also operate on New Year’s Eve in the Kemp Town and East Street areas.  The Safe Space initiative also contributes positively to reducing the need for police and medical intervention.

4.3.2 Beach Patrol

Quad bike(s) patrol the beach between 23:00-05:00Hrs Friday and Saturday nights by SIA qualified staff. Equipped with first aid kits, thermal blankets, defibrillator, and a night-safe radio. Visual presence has reduced crime on the beach including sexual assaults. Brighton Beach Patrol (BBP) educates people of the dangers of going into the sea and has actively got people out of the sea and back on to the safety of the beach. BBP started in May 2015 and is operated by volunteers. The service has achieved charitable status. The service utilises quad bike(s) and SIA security staff to patrol the beach between the Piers protecting the vulnerable from potential drownings, assaults, intoxication, and safeguarding matters. BBP operates every weekend and operates on additional days for high-risk events and bank holidays. BBP provide weekly reports to key stakeholders, including the police and coastguard.

4.3.3 Street Pastors

Operate every Friday night from around 22:00-02:30Hrs. Patrol West Street, North Street, East Street, Queens Road, Churchill Sq., The Lanes and Seafront.

4.3.4   Nightlife Safety Advocates (NSA) scheme

The University of Sussex Students' Union operates a student-led Nightlife Safety Advocates (NSA) scheme, established in November 2021 in response to national concerns about spiking and sexual harassment in nightclubs.

Trained student (NSAs), provide peer-to-peer welfare support at nightclub events, operating from equipped stalls within venues. They offer non-judgmental support, distribute safety resources (including leaflets, condoms, period products), and provide follow-up signposting to support services.

Key Objectives

· Provide accessible peer-to-peer support from students that attendees can relate to.

· Increase awareness of reporting tools for sexual assault, harassment, and spiking.

· Improve education around spiking prevention and consequences.

· To improve access to support for students who have experienced harm/have become victims or require safeguarding support.

· Promote sexual consent awareness and sexual health provisions.

The aim is to have a multilayered approach through education, signposting and peer to peer support. By having student staff as NSA team, it will better connect students who are in need of existing support structures. Through supporting students via signposting emails, it raises awareness of support services and empowering students to report or seek help particularly if they are victims of sexual offences, harassment or domestic abuse. 

By being a presence at events it is hoped to deter those who may see student events where they can seek out vulnerable people. 

There is a key educational aspect of the programme via the stalls set up within key premises and every event attended, plus in busy spaces such as Freshers’ and Refreshers’ Fairs for new students. Each stall is equipped with leaflets and resources covering a variety of topics ranging from domestic abuse support, spiking, sexual health and managing stress and anxiety. 

4.3.5 Student and Organised Pub Crawls

The Licensing Team and other agencies work with universities, event organisers and promoters to ensure events are responsibly run to include good practice measures based on mandatory conditions and promoting licensing objectives. Such measures include stewarding, on site medics, discounted non alcoholic drinks, water angels, and promotion of non-alcohol events.

4.3.6 Back Off Back Up (Bobu)

Bobu is a Brighton-born and based initiative supporting licensed venues to create spaces where people feel safe, included and able to ask for help.  Venues complete an online practical training course that teaches staff how to spot and respond to harassment, discomfort or conflict. 

Once training is complete, venues are listed on the ‘bobu app’, a free tool customers use to find and choose venues known for care, respect and support. 

Displaying the bobu sticker shows customers your venue is part of the bobu safety network and that help is available inside. Being on the bobu app and network helps venues stand out as safe, inclusive, welcoming spaces.

4.3.7 Operation Marble

Due to the large concentration of licensed premises and night clubs in the centre of Brighton, a high proportion of the Division’s violent crime and serious sexual offences are committed within a relatively small area. This has remained consistent in the data sitting behind this policy covering the years 2022, 2023 and 2024. The Division receives a large influx of visitors to the city centre at weekends. Many of these people attend the pubs and night-clubs during night time hours and as a result an enhanced policing operation is provided, called Op Marble. 

Op Marble is kept under regular review by the Operations Inspector and since 2017 has run from 20:00 to 06:00 between 1st May and 30th September. This was in response to pressures from the Night Time Economy as pubs and clubs remained open later and increases in crimes in the earlier hours of the morning. The emphasis of Op Marble remains being a highly visible presence of officers deployed on foot as well as focus on regularly updated hot spots to help reduce the risk of violent crimes. As the technology around hotspot policing develops, officers can be deployed in an increasingly dynamic way to ensure they are patrolling high harm areas within the centre of the City as identified by the latest data analysis. 

In addition to the standard Friday and Saturday night, there are a number of standalone operations such as Bank Holidays, New Year’s Eve, Halloween and Pride. In the run up to Christmas, additional resources are at times deployed during the end of week to monitor Christmas parties.

Op Marble covers an area between Preston Street to the West – The Level to the North – Kemptown to the East and the seafront between West Pier and Concorde 2 to the South. This covers the majority of the CSA defined in this policy at 3.1 and is regularly under review to ensure that limited Police resources are being used to their optimum.

4.3.8 Doorstaff Briefing

In association with the Business Crime Reduction Partnership (BCRP) – Police lead a weekly Friday night doorstaff briefing at a central night time economy venue.  Covered are persons of interest and information is shared on any events that might impact the city during that weekend – music events, football etc.  Additionally there is a weekly meeting held between Police, BCRP and the Night Safety Marshalls to review the previous weekend, any upcoming events and discuss any premises or geographical areas of concern. This feeds into the plan for the weekend ahead and forms part of the Friday night doorstaff briefing. 

4.3.9 Night Safety Marshalls

The Night Safety Marshall scheme is funded by Sussex Police and operates to assist vulnerable persons on Friday and Saturday night between 20:00-04:00 hrs.

4.3.10 Brighton Crime Reduction Partnership (BCRP)

The Brighton Crime Reduction Partnership offer vulnerability training initiatives to our members, including regular updates on what is happening in the night time econmoy (NTE) and strategies for how venues can look out for and assist venues. We also complete referrals to partner agencies where needed utilising our DISC intelligence report system. Some further information can be found here, https://www.bcrpbrighton.com/initiatives. We also have our city-wide radio network which connects businesses to each other, security, police, coastguard, Night Safety Marshals, Safe Space etc and this is routinely used to put messages to assist vulnerable persons from calling for help spotting predatory behaviour. For more information on our initiatives, please visit BCRP Brighton Initiatives.

5. Licensing Act 2003 provisions

5.1      Temporary Event Notices (TENs)

The Licensing Authority will encourage bona fide community events. Applications for TENs at existing licensed premises will not be encouraged where the proposal is simply to extend the existing hours of operation and applications made in cumulative impact areas will be subject to increased scrutiny by Police and Environmental Health. Licensing Guidance recognises that TENs are a light touch process, not requiring specific authorisation. If the police or Environmental Protection believe that allowing the premises to be used in accordance with the TEN will undermine the licensing objectives, they must issue an objection notice.

5.2      Shadow Licences

5.2.1 A “shadow licence” is a simple way of describing a licence which has been obtained by one party in respect of premises to which another licence has a already been granted to someone else. The usual reason for this would be to protect the landlord in case the tenant surrenders the licence without giving the landlord any notice or if review proceedings are brought against the licence and the licence is revoked and the landlord has no knowledge of this. In such a scenario there is a primary or live licence operated usually by a tenant and the ‘shadow licence’ is an additional licence often by the Landlord which sits behind the primary licence.

5.2.2 The word Shadow Licence is used in practice, but has no legal definition. It is simply another licence on exactly the same terms as the first licence, normally granted to a landlord, whose sole purpose is to provide the landlord with the comfort and protection of having a licence in its own name. If the original operating licence then lapses or is surrendered, the landlord is able to use the Shadow Licence to replace it and market the premises as having the benefit of a licence of the same quality.

5.2.3 The Authority recognises that there is no restriction in the Licensing Act 2003 for there to be more than one licence to be in effect at any one time at the same premises. The Licensing Authority has concerns however that the holding of additional licences has the potential to undermine the decisions made as a result of determining applications to review a premises licence whereby if one licence was modified, suspended or revoked the premises could effectively continue to operate under the second licence.

6. Prevention of Crime and Disorder

The following details and measures are intended to address the need for the prevention of crime and disorder which may be associated with licensed premises and certificated club premises. Conditions attached to licences and certificates will, as far as possible, reflect local crime reduction strategies.

6.1.1   The licensing authority acknowledges that training and good management play a key part in preventing alcohol and drug related crime. The authority expects that all licensees of on-licensed premises attend training programmes which will raise their awareness of the issues relating to spiking, drugs and violence in licensed premises, and that suitable training be extended to all bar staff and door supervisors so that drug dealers and users will be deterred from using licensed premises for illegal purposes and that incidents of violence in licensed premises will be reduced. Licensees are also encouraged to attend training programmes to help identify children at risk and issues of basic child protection and vulnerable individuals. It is the duty of the designated premises supervisor (DPS) to train staff on induction concerning conditions on their premises licence and their responsibility to uphold all four licensing objectives.

6.1.2   It is expected that the DPS will spend a significant amount of time on the premises. When not on the premises it will be essential that the DPS is contactable, particularly should problems arise with the premises and that staff are authorised by the DPS.

6.1.3 The location of violent attacks, anti-social behaviour and hate crime or related incidents may be used to justify closing times.

6.1.4 Measures put in place should support the intentions of Operation Marble (police operational order), which aims to prevent incidents of crime and disorder within the night time economy, at weekends. Operation Marble operates with a view to minimising the risk to the public of being a victim of public place violent crime; to reduce incidents of violent crime and public disorder within the city centre; to deal positively with offences and offenders; to secure and preserve evidence which will assist in the prosecution of offenders and to support the night time economy and the responsibly run businesses within it.

6.2   Sussex Police

6.2.1 Sussex Police have a specific Operation relating to the night-time economy called Operation Marble (detailed in 3.4.1) and work closely with partners to ensure a safe and vibrant city centre. Police data shows the correlation between intoxication and violent crime is highest in the city centre. There continues to be an increasing demand for resources further into the early hours of the morning with the highest sustained risk during the week occurring on a Friday into Saturday between 22:00 – 04:00 (with moderately high risk until 05:00) and a Saturday into Sunday between 21:00 – 04:00 (again with a moderately high risk until 05:00).  For full details of these statistics see the Police Data set at Appendix E.

6.2.2 The dealing and use of drugs remains an issue across the city and Sussex Police welcome proactive policies from licensed premises. A drug safe and seizure recording initiative is in place of which further details can be obtained by contacting Brighton & Hove Police Licensing (brighton.licensing@sussex.police.uk). This initiative encourages licensed premises with Door Supervisors to search and seize drugs from persons attempting to enter their premises and ensures that once drugs are removed from persons, they can be safely collected and destroyed by Sussex Police. We ask that licensed premises make regular contact with Police Licensing to get seized items collected.

6.2.3 Dispersal from the city centre during the late evening and early morning remains a policing challenge. Over recent years, there has been a proliferation of off-licences and late night refreshment venues offering walk in/take away services along the city’s arterial routes. This has led to incident ‘hot spots’ where patrons from the night time economy continue to interact, albeit away from any safety measures afforded by on-licences. As such, Sussex Police support the Council’s Special Policy in offering guidance to both applicants and the Licensing Committee in relation to off-licences and late night refreshment licences.

6.2.4 Sussex Police have continuing concerns that, despite staff training in age-restricted sales, under age individuals are still being served alcohol both on and off the premises in some of the city’s licensed premises. As such, regular intelligence-led ‘test-purchase’ operations are conducted to highlight premises where sales are taking place and ensure appropriate enforcement action is taken to prevent further sales. The introduction of identification scanning machines at premises throughout the city has proved successful in mitigating some risk, but operators must maintain vigilance regarding the fraudulent use of genuine IDs. Sussex Police continue to work alongside the Business Crime Reduction Partnership (BCRP) to tackle the problem of those who use false or another’s identification to enter licensed premises and purchase alcohol. The advent of digital identification means that the ID process is continually evolving. There is an expectation by Sussex Police and the Local Authority that licensed premises are proactive around staying informed and abreast of any changes and providing training / support to their staff as required.

6.2.5 Sussex Police work closely with venues and other organisations within the city to protect vulnerable people from becoming victims of crime. As well as work to prevent under age sales, vulnerability training is offered to identify persons who may have been made vulnerable through alcohol or drugs. Additionally, spiking awareness training has regularly been organised by the BCRP, the PCC and other external providers. Sussex Police also support initiatives such as (but not limited to) safe spaces, night safety marshalls, mobile teams of volunteers actively checking people’s well-being and the Beach Patrol.

6.2.6 Public Space Protection Orders have proved an effective tool for Sussex Police in targeting enforcement action in problem areas of the city. It ‘allows Police Officers and Police Community Support Officers to remove alcohol from any person in a public place if that person is involved in anti-social behaviour (ASB) or the officer believes that by having alcohol in their possession there is an increased risk of ASB. It is an offence to refuse to hand over alcohol when required to do so.’ They have been particularly effective in the day time economy where members of the street community are causing ASB issues for members of the public and local businesses, especially during the summer months where there is a large influx of visitors to Brighton & Hove.

6.2.7 Policing the night time economy continues to provide a challenge and in the climate of limited resources and newly emerging problems, Sussex Police support maintaining a Special Policy in the city centre which defines areas of high crime and risk and offers restrictions around types of premises that will be granted to ensure that existing issues are not extended. Police will continue to take enforcement action where appropriate if the actions of a Premises Licence Holder, Designated Premises Supervisor, Door Supervisors or Staff have fallen below the high standard expected across the city. Sussex Police also recognise and support businesses which are aware of their social responsibilities and as such, actively contribute towards keeping Brighton & Hove a safe and enjoyable city.

6.3    Care, control and supervision of premises

6.3.1 The Licensing authority supports the Business Crime Reduction Partnership and other approved schemes. Where appropriate, premises licence holders should be members of the BCRP for the deterrence to violent crime that such membership provides. The BCRP NightSafe radio scheme is normally expected as an operational requirement for city centre bars, clubs and pubs and is an example of best practice in achieving the aim of reducing crime and disorder and improving public safety. Well managed pub-watch schemes provide information exchange between the premises licence holders and responsible authorities that reduce and deter violent crime and disorder. The council will support a responsible licensing scheme.

6.3.2 The effective management and supervision of a venue is a key factor in reducing crime and disorder, both within it and outside. The police will consider the applicants, objecting to the application where appropriate. The police may suggest crime prevention measures in relation to, for example, the internal layout of the premises, closed-circuit television, help points, lighting and security staff. The police may ask for conditions which support such measures to be imposed when licensing applications are granted, eg type of licence, capacity, operating hours restrictions.

6.3.3 Following the grant of a licence, the management and supervision of the premises, in so far as it might impact on crime and disorder, will continue to be monitored. Particular attention will be paid to any licensed premises where there is evidence of criminal activity or any association with racist or homophobic crime. The licensing authority will keep itself well briefed on the nature, location and type of premises where alcohol related violence and disorder are occurring so it can take full account of the facts and avoid exacerbating problems as required by the Community Safety Strategy. Where licensed premises are found to cause nuisance or be associated with disorder or unreasonable disturbance, the review process may be invoked, and powers of revocation or the imposition of conditions may be considered. Conditions may include use of closed-circuit television, licensed door supervisors and earlier closing times. Such action to restrict the operation may be taken for trial periods to allow businesses an opportunity to remedy existing disorder, nuisance or disturbance.

6.3.4 This policy recognises the use of registered Door Supervisors.  All Door Supervisors will be licensed by the Security Industry Authority. Mobile security units and similar systems are in use by some premises operators as a means of providing security cover at very short notice at premises which may not normally require a permanent security presence. This policy endorses the use of units following such guidance and standards in appropriate circumstances.

6.3.5 The development of codes of practice and general operating standards for security companies is encouraged for local businesses; premises operators are urged to ensure that security services, when engaged, are provided by suitably qualified businesses operating to recognised standards and who should be working towards SIA accreditation.

6.3.6 Enforcement will be achieved by the enforcement policy appended (Appendix B).

7. Public Safety

The following details and measures are intended to address the need for          the protection of public safety which may be associated with licensed premises and certificated club premises.

7.1.1 The permitted capacity is a limit on the number of persons who may be on the premises at any time, following a recommendation by the relevant fire and rescue authority under the Regulatory Reform (Fire Safety) Order 2005. For any application for a premises licence or club premises certificate for premises without an existing permitted capacity where the applicant wishes to take advantage of the special provisions set out in section 177 of the 2003 Act, the applicant should conduct their own risk assessment as to the appropriate capacity of the premises. They should send their recommendation to the fire and rescue authority which will consider it and decide what the “permitted capacity” of those premises should be.

7.1.2 Normally in the city centre, pubs and clubs will be expected to operate using polycarbonate or toughened/shatterproof glass.

7.1.3 Conditions may be imposed in accordance with operating schedules to protect public safety including where justified:

a).        provision of closed-circuit television and panic buttons.

b).        use of shatterproof drinking vessels; bottles requiring use of toughened glass or reusable plastic should normally be required unless applicants can show exceptional reasons.

c).        use of door supervisors, licensed by the Security Industry Authority.

d).        requirement of a minimum of a licensed door supervisor for every 100 customers in nightclubs and large city centre pubs or as indicated by risk assessment.

e).        occupant capacity conditions will be applied where appropriate.

f).         the provision of designated and suitably trained first aiders.

7.1.4 Where appropriate, licence holders or their authorised representatives will submit event safety plans and operating manuals, attend Event Planning Teams or Safety Advisory Groups and similar meetings prior to large events and shall be part of Event Liaison Teams during such events. Due regard shall be had to relevant guidance and publications including, for example: HSE approved code of practice for events.

7.1.5 Preparing for Martyn's Law Requirements

Licence holders should familiarise themselves with the requirements of Martyn's Law (the Terrorism (Protection of Premises) Act 2025), which will require certain premises and events to consider how they would respond to a terrorist attack. While the Act will not come into force for at least 24 months (from April 2025), early preparation will help ensure compliance and enhance the safety and security of staff and visitors. The Government will publish guidance during the implementation period to assist in understanding the specific requirements.  For further information please go to: Martyn’s Law Factsheet – Home Office in the media

8. Prevention of Public Nuisance

The following details and measures are intended to address the need for the prevention of public nuisance which may be associated with licensed premises and certificated club premises:

8.1.1 In determining applications for new and varied licences, regard will be had to the location of premises, the type and construction of the building and the likelihood of nuisance and disturbance to the amenity of nearby residents by reason of noise from within the premises, as a result of people entering or leaving the premises or from individuals or groups of customers gathered outside (eg in order to smoke).

8.1.2 Applications for new licences or for the extension in size of licensed premises should not normally be granted if the premises will use amplified or live music and operate within or abutting premises containing residential accommodation except that occupied by staff of the licensed premises. A condition may be imposed on new licences that entertainment noise shall be inaudible in any residence. Noise emanating from within licensed premises should not normally be audible outside.

8.1.3 Installation of sound limiting equipment and sound insulation may be required to minimise disturbance to the amenity of nearby residents by reason of noise from the licensed premises.

8.1.4 Generally, regulated entertainment in the open air including tents and marquees should have a maximum closure hour of 2300. Earlier hours may be imposed in sensitive open spaces or near residential areas. The Licensing Authority will have regard to Noise Council guidance.

8.1.5 In determining applications for new licences or extensions in hours or terminal hours of licensed premises, regard will be had to late night public transport availability and location of taxi ranks to aid dispersal of customers.

8.1.6 Reasonable controls are available to all premises operators to minimise the impact of noise from customers outside. The council’s Environmental Health Department has issued guidance on a number of steps that can be taken in this respect which are endorsed by this policy (see 8.2 below).

8.2 Smoking Advice

8.2.1 Premises licence holders will be expected to:

· Develop a management plan on how to manage smoking on their premises and ensure that all staff are aware of the contents of this plan, and that it is effectively implemented. Noise from people smoking and talking can be intermittent, vary in character and volume and be intrusive. An effective smoking management plan will help prevent neighbours being disturbed.

· Comply with any planning conditions restricting the use of outdoor areas.

· Ensure that any structures used by smokers comply with the design criteria detailed in the Heath Act 2006 and that any structures, awnings, retractable canopies, etc have the relevant planning permission.

· Ensure any new lighting to outdoor areas must be designed so as not to cause a light nuisance to neighbours and again have the relevant planning permission and building control consent.

· Ensure that the conditions on the premises licence are complied with. There may be conditions restricting the hours of use of gardens and outdoor areas. Having reviewed the contents of the premises licence it may be necessary to request a variation of your licence.

· Licence tables and chairs on the Public Highway under the provisions of the Highways Act 1980. These licences may have conditions restricting the times that the area can be used.

· Ensure drinks, glasses and bottles are not taken onto the highway unless there is a tables and chairs licence permitting use. A system should be adopted to prevent theft and ‘spiking’ of drinks, and reminding customers not to leave unattended items.

· Discourage smokers remaining in gardens and outdoor areas and determine terminal hours.

· Discourage smokers remaining outside by removing/disabling tables and chairs or prohibiting their use after a certain time. Lights and heaters will also be turned off.

· Introduce a system that after a certain time the number of smokers outside are restricted to a maximum number. Staff will be needed to manage this restriction.

· Employ staff and/or SIA registered door supervisors to manage doors and control customers and smokers entering and leaving the premises. Staff positioned on the doors can help to encourage customers not to cause a noise problem. It may be that staff are required to manage doors after a certain time, particularly during the hours when neighbouring residents are trying to sleep.

· Ensure door supervisors maintain order outside venues and protect customer safety. BCRP supports the use of Night Safe. Radio net and other pager systems and pub watch schemes can be used to provide for rapid police response and alert other venues where customers and staff are endangered.

· Position signs to remind customers that the premises is in an area where people live. It is not always obvious in busy commercial streets with flats above. By changing the design and wording of signs customers do not forget. Signs can be located in and outside the premises and on tables.

· Use CCTV to manage outside areas.

8.2.2 Licensed premises should normally display prominent, legible signs at exits reminding customers to leave in a quiet, peaceful, orderly manner.

9. Protection of Children from Harm

The following details and measures are intended to address the need for the protection of children from harm; this includes emotional and physical harm which may be associated with licensed premises and certificated club premises (for example the exposure too early to strong language and sexual expletives, eg in the context of film exhibitions or where adult entertainment is provided). It is intended that the admission of children to premises holding a premises licence or club premises certificate should normally be freely allowed without restricting conditions (unless the 2003 Act itself imposes such conditions or there are good reasons to restrict entry or to exclude children completely).

9.1.1 Licensees should note the concern of the authority that drink related disorder frequently involves under 18’s. To prevent illegal purchases of alcohol by such persons, all licensees should work with a suitable ‘proof of age’ scheme and ensure that appropriate identification is requested prior to entry and when requesting alcohol, where appropriate. Appropriate forms of identification are currently considered to be those recommended by the Home Office, police, trading standards officers and their partners (eg passport, photo driving licence or pass card). The advent of digital identification will bring new technologies and challenges which responsible authorities and licensees will need to be mindful of and have a personal responsibility to remain informed and trained on.

9.1.2   It is the licensing authority’s expectation that all staff responsible for the sale of intoxicating liquor receive information and advice on the licensing laws relating to children and young persons in licensed premises. Licensed premises staff are required to take reasonable steps to prevent under age sales. The licensing authority will not seek to limit the access of children to any premises unless it is necessary for the prevention of emotional or psychological harm to them. Each application will be considered on its own merit but particular areas that will give rise to concern in respect of children are to be found in section 7.1.4 below.

9.1.3 To reduce alcohol-induced problematic behaviour by under 18 year olds, to enforce underage purchase and drinking laws and to assist in the protection of children from harm, the licensing authority supports the following measures:-

a). Police should exercise powers (Confiscation of Alcohol (Young Persons) Act 1997) to remove alcohol from young people on the street

b). Police and trading standards should implement test purchasing to reduce sales to under 18s in on and off sales licensed premises

c). Further take-up of proof of age schemes will be promoted

d). In-house, mystery shopper type schemes operated by local businesses will be supported

e). Providers of events specifically catering for unaccompanied children should consider whether all staff at such events need to be DBS checked

f). Use of a PSPO in the City Centre

9.1.4 The licensing authority will not seek to require that access to any premises is given to children at all times – under normal circumstances this will be left to the discretion of the licensee. The following areas give rise to concern in respect of children, who will normally be excluded from premises:

· where there have been convictions for serving alcohol to minors or with a reputation for underage drinking;

· with a known association with drug taking or dealing;

· where there is a strong element of gambling on the premises;

· where entertainment of an adult or sexual nature is commonly provided;

· where premises are used primarily or exclusively for the sale and consumption of alcohol and there is little or no seating for patrons.

Options may include:

· limitations on the hours when children may be present;

· age limitations (below 18);

· limitations or exclusions when certain activities are taking place;

· requirements for an accompanying adult;

· full exclusion of people under 18.

9.1.5   Licensees of premises giving film exhibitions will be expected to include in their operating schedules arrangements for restricting children from viewing age restricted films. Such premises will be subject to a mandatory condition requiring that access will be restricted to only those who meet the required age limit in accordance with any certificate granted by the British Board of Film Classification,

9.1.6 Where children are expected to attend a public entertainment, appropriate adult supervision will be required to control the access and egress of children and to protect them from harm. This will normally be an adult member of staff for every 100 children. Where the entertainment is music and dancing, 2 persons, licensed by the Security Industry Authority (door supervisors) should be employed for every 100 children but will be subject to advice within the Event Safety Guide. Nothing in this policy shall seek to override child supervision requirements contained in other legislation or regulations. For exclusively under 18 events reference should be made to police guidelines (available from the Police Licensing Unit, Brighton tel. 101). The licensing authority recognises the Director of Children’s Services as being competent to advise on matters relating to the protection of children from harm. Applicants shall copy their applications to the Director of Children’s Services in its capacity as the responsible authority. Copies should be sent care of the Police. The “What to do” booklet is a national one and can be accessed at: www.brightonandhovelscb.org.uk/wp-content/uploads/What-to-do-if-a-child-is- being-abused.pdf If you are concerned about a child locally to contact the Multi-Agency Safeguarding Hub (MASH) on 01273 290400, or you can contact Sussex Police on 101. If they think a child is in immediate danger to dial 999.

9.1.7 Trading standards and the police undertake ongoing enforcement operations around under-age sales and test purchasing. Sussex Police and BCRP undertake work concerning proxy purchases and counterfeit ID as part of the partnership support work with Community Safety and Trading Standards.

9.1.8 Trading standards have a programme of business support including training for local businesses to avoid underage sales.  Trading standards offer business support including for local businesses to avoid underage sales.  The training also covers identifying fake ID’s, Challenge 25, intoxication, proxy purchasing and implementing due diligence measures.  

9.1.9   Trading Standards also supplies business support materials guidance and advising on the enforcement penalties on all age restricted products for example vapes, tobacco, fireworks etc. 

10. Integration of Strategies

10.1 The licensing authority shall secure the proper integration of this policy with local crime prevention, planning policy, transport, tourism and cultural strategies by:-

· Liaising and consulting with Sussex Police, Community Safety Partnership Board, Sustainability Commission representatives and following the guidance in community safety and crime and disorder strategy

· Liaising and consulting with Public and Drug and Alcohol Programme Board

· Liaising and consulting with the East Sussex Fire & Rescue Service

· Liaising and consulting with the Safety Advisory Group (Emergency Planning)

· Liaising and consulting with the Planning authority

· Liaising and consulting with the Highways authority

· Liaising and consulting with local business and business associations. Having regard to any future documents issued relating to the Private Security Industry Act 2001, for example liaison or information sharing protocols

· Liaising and consulting with the Trading Standards Team, for example with regard to test purchasing codes of practice

10.1.1 In line with statutory requirements and the council’s Inclusion Policy, the Licensing Authority shall have due regard to the need to eliminate unlawful discrimination, and to promote equality of opportunity and positive relations between persons of diverse backgrounds, for example communities of interest such as: lesbian, gay, bisexual and transgender people; disabled people; racial and ethnic groups; religious and faith groups.

10.1.2 This policy supports the aims of the tourism strategy, recognising the benefits for the tourism economy of creating a safer and more attractive city centre and improving competitiveness with other European cities. The Licensing Committee should receive any reports relevant to the needs of the local tourist economy and the cultural strategy for the area to ensure that it considers these matters.

10.1.3 The Licensing Committee should receive relevant information relating to the employment situation of the area and the need for new investment and employment where appropriate.

10.1.4 Specific conditions may be attached to premises licences to reflect local crime prevention strategies. Such conditions may include the use of closed circuit television cameras, use of the NightSafe radio system or accredited scheme, the provision and use of shatterproof drinking receptacles, drugs and weapons search policy, the use of registered door supervisors, specialised lighting requirements, hours of opening. Certificates issued to club premises shall reflect local crime prevention strategies and may include any or all of the requirements listed above.

10.1.5 The licensing authority will have regard to the need to disperse people quickly and safely from the city centre to avoid concentrations which may produce disorder and disturbance.

10.2 Other regulatory regimes

10.2.1 This policy avoids duplication with other regulatory regimes wherever possible. The following notes are made with regard to specific regimes:

Health and Safety: Certain premises will be the subject of health and safety enforcement by the local authority or the Health and Safety Executive (HSE). If other existing law already places certain statutory responsibilities on an employer or operator of premises, for example the Management of Health and Safety at Work Regulations 1999, it will not be necessary to impose the same or similar duties on the premises licence holder or club. However, existing duties will not always adequately cover specific issues that arise on the premises in connection with, for example, certain types of entertainment, and where additional and supplementary measures are necessary to promote the licensing objectives, necessary, proportionate conditions will need to be attached to a licence.

Fire Safety: Premises and their operators will be regulated by general duties under current fire safety regimes and the Regulatory Reform (Fire Safety) Order 2005 rather than licensing provisions.

Noise: Statutory and public nuisances are dealt with by the local authority’s Environmental Health department under the Environmental Protection Act 1990, Noise Act 1996 and associated legislation. Noise from commercial premises may often fall under review powers set out in licensing provisions and closure powers in anti-social behaviour provisions.

Equality Act 2010: The Public Sector Equality Duty obliges public authorities to have due regard to the need to eliminate unlawful discrimination, harassment and victimisation, and to advance equality of opportunity and foster good relations between persons who share protected characteristics and persons who do not share it. The local authority’s equality and inclusion policy produced under these obligations shall include reference to this statement of licensing policy.

Community relations: Integration of corporate strategies with licensing policy will include the Inclusive Council Policy which recognises the council’s role, as a community leader, to promote community cohesion and good relations between diverse communities. Measures to address prevention of crime and disorder recognise the need to improve well being and safety of all the communities in the city. Licensing policy supports the Crime and Disorder Reduction Partnership’s crime reduction strategy. In particular it seeks to confront and reduce racist, homophobic, transphobic and religiously motivated crimes, incidents and anti-social behaviour.

Anti-Social Behaviour, Crime and Policing Act 2014: Contains powers to close premises that are causing nuisance or disorder. These powers can be exercised by the council or Police and they replace the closure powers in the Licensing Act 2003. The Act also contains powers to issue Community Protection Notices in respect of persons or businesses committing anti-social behaviour which is spoiling a community’s quality of life.

Litter and Smoking: Environmental Services contractors have Clean Neighbourhoods powers to enforce premises operators’ responsibilities to keep frontages clear of litter.

Gambling Act 2005: In relation to casinos and bingo clubs, the principal purpose is gaming. The sale of alcohol and the provision of entertainment in such premises is incidental to gaming and in determining whether to permit entertainment that constitutes regulated entertainment under the act, gaming license committees and / or the Gambling Commission will have taken into account relevant government guidance. Accordingly it is felt that the licensing objectives will have been, or will be in the main, adequately considered by such committees and duplication of conditions should be avoided when considering applications under the 2003 Act where relevant representations have been made.

10.3 Enforcement

10.3.1 The Enforcement of licensing law and inspection of licensed premises is detailed in the Protocol between Sussex Police, the East Sussex Fire & Rescue Service and Brighton & Hove City Council. This protocol reflects the need for more efficient deployment of Police and Local Authority staff commonly engaged in licensing enforcement and can be found at Appendix D (Lead Agency Status) of the Statement of Licensing Policy. In addition the Licensing Authority will have regard to its published Licensing Enforcement Policy in making enforcement decisions in accordance with Brighton & Hove City Council’s Statement of Licensing Policy (Appendix B). In order to better target enforcement resources, inspections will be undertaken outside of normal office hours and the sharing of information between all enforcement agencies will be encouraged through joint meetings or similar arrangements.

10.3.2 Attention is drawn to the targeting of agreed problem and high risk premises requiring greater attention as identified in the protocol. A number of other council and government policies, strategies and guidance documents must be  taken into account to complement the policy, including:

• Community Safety & Crime Reduction Strategy

•  Drugs and alcohol strategies – local alcohol harm reduction strategy

• Objectives of the Security Industry Authority

• The Anti Social Behaviour Act 2003/ASBPC Act 2014

• The Health Act 2006

• The Violent Crime Reduction Act 2006

• Policing and Crime Act 2009

11. Reviews

11.1. Reviews represent a key protection for the community. Where the licensing authority considers action necessary under its statutory powers it will take necessary steps to support the licensing objectives. Action following review will be informed by licensing enforcement policy – Appendix B.

11.2. Where style of operation of a premises leads to applications concerning likelihood of racist, religiously motivated, homophobic or transphobic crimes or incidents, the review process should also support the community safety policy. Action should be proportionate and licences would normally be suspended or revoked in these circumstances to deter further incidents.

12. Contact Details, Advice and Guidance

12.1. Guidance notes to accompany this policy and details about the licensing         application process, including application forms, can be found:

· E-mail: ehl.licensing@brighton-hove.gov.uk

· Via www.brighton-hove.gov.uk (search under Licensing Act 2003 and follow the relevant links, for example to the Licensing Applications page for a weekly update of applications received)

· By contacting the Licensing Team at: Bartholomew House Bartholomew Square, Brighton BN1 1JP

· By telephoning them on 01273 294429

12.2    Advice and guidance to applicants may also be sought from other agencies and departments by contacting them at:

· Director of Public Health Hove Town Hall Norton Road Hove BN3 1PT

  Tel: 01273 296555

· Police Licensing Unit, Police Station, John Street, Brighton, BN2 0LA.

Tel: 101 brighton.licensing@sussex.police.uk

· Fire Authority, East Sussex Fire and Rescue Service,Whitley Road, Eastbourne, East Sussex, BN22 8LA Tel: 01323 462409 firesafety.consultations@esfrs.org

· Planning, Development Control, Hove Town Hall, Norton Road, Hove, BN3 1PT. Tel: 01273 290000 www.brightonhove.gov.uk/planning Planning.Applications@brighton-hove.gov.uk.

· Environmental Health, Environmental Protection Team, Bartholomew House, Bartholomew Square, Brighton, BN1 1JP. Tel: 01273 294266 ehl.environmentalprotection@brighton-hove.gov.uk

· Child protection – Head of Safeguarding, Families, Children & Learning Services, Hove Town Hall, Norton Road, Hove, BN3 3BQ  www.brightonhove.gov.uk/families-children-and-learning/refer-child-or-       family-front-doorfamilies

· Trading Standards – Bartholomew House, Bartholomew Square, Brighton, BN1 1JP Trading.Standards@brighton-hove.gov.uk

· Health and Safety Executive HSE - informationrequest@hse.gov.uk

Please note the above were correct at time of publication but may be subject to change; please contact the Licensing Authority if you have queries regarding the above contact points.