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 (e.g. 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 Health 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,
e.g. 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 9.1.4 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 advice 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 Public Sector Equality Duty, the Licensing
Authority shall have due regard to the need to eliminate unlawful
discrimination, and to promote equality of opportunity and positive relations
between all people. This includes people who share protected characteristics,
including but not limited to LGBTQIA+ people, disabled people, people from
diverse ethnic and cultural backgrounds and people of all faiths and none.
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.
10.3 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 considered 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.
5.
FINANCIAL & OTHER
IMPLICATIONS:
Financial Implications:
5.1
The licensing Act 2003 provides for fees to be payable to
the licensing authority in respect of the discharge
of their functions. The fee levels
are set centrally at a level to allow licensing authorities to
fully recover the costs of administration, inspection and enforcement of the
regime.
Finance Officer Consulted: David Wilder Date: 18/05/2026
Legal Implications:
5.2
The licensing authority must act to promote
the four licensing
objectives which are:
·
The prevention of crime and disorder
·
Public safety
·
The prevention of public nuisance
·
The protection of children from harm
The licensing
authority must have regard to its statement of licensing policy and the
guidance issued by the Secretary of State in carrying out its functions.
Lawyer Consulted: Rebecca
Sidell Date: 18/05/2026
Equalities Implications:
5.3
Diversity is valued and
strong, safe communities are vital to future prosperity. Licensing policy
aims to protect children from harm including
sale and supply
of alcohol to children.
Sustainability Implications:
5.4
Licensing policy
aims to prevent public nuisance
and develop culture
of live music, dancing and
theatre.
SUPPORTING DOCUMENTATION
Appendices:
1.
Appendix A – Part A of Premises Licence
2.
Appendix B – Review
Application
2.
Appendix C – Representations
3.
Appendix D – Map of area
Documents in Members’
Rooms
Brighton &
Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2026
Statement of Licensing Policy 2026
Home Office,
Revised Guidance issued under section 182 of the Licensing Act 2003, February
2026 Revised guidance issued under section 182 of Licensing
Act 2003 - GOV.UK
Public Health Framework for Assessing Alcohol
Licensing – July 2025
Public Health Framework for Assessing Alcohol
Licensing | Tableau Public.
Background Documents
Brighton &
Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2026.
Statement of Licensing Policy 2026
