London Borough of Lambeth STATEMENT OF LICENSING POLICY 1. London Borough of Lambeth 1.1 Lambeth is a diverse London Borough. Much of the borough is residential in nature. There are some predominantly commercial areas where entertainment premises are concentrated such as parts of Streatham, Clapham, Brixton, Vauxhall and Waterloo. 1.2 Throughout the borough there are public houses, restaurants and takeaways many in or on the fringes of residential areas. There is clearly a tension between those wishing to enjoy these leisure and hospitality venues and those simply wishing to enjoy a good night’s sleep. 1.3 Lambeth Profile 1.4 With a population of 266,170, Lambeth is the largest Borough in London. It has the youngest age profile of any area in the UK, with almost half (45%) of its residents aged between 20 and 40 and it is the fifth most densely populated area in the country. 1.5 Lambeth residents are highly qualified; 40% ( twice the national average) have a degree or equivalent qualification and more than half of Lambeth residents (58.6%) use public transport to get to work, compared to 14% nationally 1.6 Lambeth has a highly mobile population, with 30% of people moving home each year. In common with other areas of London, it has areas of great deprivation side by side with affluent areas. 1.7 Ethnicity and Culture 1.8 Lambeth has a wide diversity of ethic groups; almost two thirds (62%) of its population is white and 38% are from minority ethnic communities; 157 languages are spoken in Lambeth schools. The largest minority ethnic groups are the Black Caribbean and African communities (25.8% of the population compared to an Inner London figure of 16.5%). 1.9 Night-time economy – Lambeth has developed a near 24 hour economy in particular areas – Brixton, Clapham and Streatham, for instance. Lambeth has high levels of Class A drug use and high numbers of street drinkers. 1.10 Housing 41% of Lambeth residents live in Council or Housing Association properties 22% live in private rented homes and 37% own their own home. More than one in ten (10.8%) Lambeth households are single parent families. 1.11 Employment – 60.9% of Lambeth residents are employed. 53% of all jobs in the borough are in the Cultural and Creative Industrial (CCI) sector. The CCI sector in the Borough generates £ 654 million each year. 1.12 Retail and hospitality (hotel, restaurants and bars) are the fastest growing sectors in Lambeth accounting for 19% of all employment. Business and financial services accounts for 28% of all jobs.

1.13 Community Safety 1.14 The 1999 MORI poll showed that for most (68%) Lambeth residents crime and personal safety were their most pressing concerns, followed by a clean street environment. Community Safety surveys show street crime, drug related crime and domestic burglary as being the crimes most people were concerned about. The Lambeth Community Safety Plan (2002) focused on these three crucial areas, and has had significant successes: street crime is down by 36% burglary by 18% and 75% of known crack houses have been closed, while almost 1,000 crack users have gone into drug treatment programmes. 1.15 Other areas of high priority in the Lambeth Community Safety Strategy are hate crime (racist/homophobic), almost 80% of which is violent; and reducing youth crime in the Borough. 2. Legal Background to this Policy Statement and the Licensing Objectives 2.1 In this document, unless otherwise stated or the context otherwise requires, “the Council” means Lambeth London Borough Council in its role as the Licensing Authority under the Licensing Act 2003. 2.2 The Council is required to carry out its licensing functions with a view to promoting the Licensing Objectives set out in the Act. These are:

• the prevention of crime and disorder;

• public safety;

• the prevention of public nuisance; and

• the protection of children from harm. 2.3 To achieve these objectives the Council will use its full range of powers and engage all relevant responsibilities including its planning, transport, crime and disorder, public health controls, policies and powers. In particular the Council will seek to reduce the impact of alcohol abuse. The Council will enter appropriate partnership arrangements, working closely with the police, the fire authority, local businesses, community representatives and local people in meeting these objectives. 2.4 In the absence of valid representations regarding a valid application the Council is legally obliged to grant a licence. If representations are received a hearing of the Licensing Committee/Sub-Committee must be held. In such cases the application may be rejected or conditions to the licence attached if necessary to promote the Licensing Objectives. For example to prevent residents being disturbed the Council could restrict licensed hours in appropriate cases. However, the ability of local authorities to take decisions is to a certain extent limited either by provisions in the Act and Regulations made under the Act or to a lesser extent by guidance from the Secretary of State for the Department of Culture, Media and Sport (DCMS). 2.5 In respect of the guidance the Council must have regard to it. The Council may, if it considers it appropriate, deviate from the guidance but would need good reasons, which it can justify, to do so. 2.6 This policy statement has taken full account of the current DCMS guidance. 2.7 In addition in formulating this policy document the Council has had regard to the

provisions of the European Convention on Human Rights in that everyone has the right to respect for their home and private life and that every person is entitled to the peaceful enjoyment of their possessions. 2.8 The Human Rights Act 1998 makes it unlawful for a public authority to act in a way that will be incompatible with a convention right. Consequently an aim of this policy and in particular in relation to the decision-making processes of the Council is to ensure that a licensing decision does not cause a breach of a convention right. 2.9 In formulating this policy the Council has recognised the legal obligations placed upon it by the Race Relations (Amendment) Act 2000 to have due regard to the need to eliminate unlawful discrimination and to promote equality of opportunity and good relations between persons of different racial groups. A Race Impact Assessment has been undertaken in relation to this Statement of Licensing Policy. 2.10 The Council has also taken into account the provisions of the Crime and Disorder Act 1998. This requires local authorities to have regard to the likely effect of the exercise of their functions on crime and disorder in their area and to do all they reasonably can to prevent such crime and disorder. 2.11 The Council is required to review its Licensing Policy every three years and in doing so will consider the impact the policy has on the overall provision of regulated entertainment, particularly live music, dancing and theatre. 2.12 This policy represents the licensing authority's view of the best means of securing the licensing objectives in most normal cases. It has been drawn up in consultation with other expert bodies and responsible authorities, together with community stakeholders. While the contents of the operating schedule are a matter for the applicant, where there is objection to a schedule which departs from the policy, the licensing sub-committee hearing an opposed application will normally expect to be given a good reason for the departure if it is to be asked to make an exception to the policy. 2.13 In this policy, there are a number of references to the licensing authority's expectations of applicants. As explained above, the policy is only engaged where the licensing authority has a discretion following the receipt of objections. In such cases, the licensing authority will not apply the policy rigidly, but will always have regard to the merits of the case with a view to promoting the licensing objectives. 3. Scope of Policy 3.1 The Act is concerned about the retail sale of alcohol, the supply of alcohol in a club, the provision of certain entertainment and late night refreshment. 3.2 Activities that require a licence under the Licensing Act 2003 and covered by this policy include:

� Retail sale of alcohol � Supply of hot food or drink from a premises from 23.00 to 05.00 hours � Supply of alcohol or provision of regulated entertainment to club

members � Provision of entertainment listed below (known as regulated

entertainment) to the public or club members or with a view to profit:

• Film exhibitions

• Performances of a play

• Indoor sporting events

• A boxing or wrestling entertainment

• Live music performances

• Playing of recorded music

• Dance performances

• Provision of facilities for making music

• Provision of dancing facilities

3.3 There are a number of exemptions and details of these are set out in full in Part 2 of Schedule 1 of the Act. 3.4 The Act covers the licensing of individuals for the retail sale of alcohol (Personal Licences), the licensing of premises for the retail sale of alcohol, the provision of regulated entertainment or late night refreshment (Premises Licences), the supply of alcohol or the provision of regulated entertainment in certain clubs (Club Premises Certificates) and the permitting of certain licensable activities on a temporary basis (Temporary Event Notices). 3.5 The scope of the policy covers new applications, renewals (personal licences only), transfers and variations of licences and certificates including where applicable temporary premises licences. It will also include review of licences and certificates. Such a review could lead to the revocation of a licence or certificate. 3.6 The policy relates to the whole borough and to all activity licensable under the Act. Each application will be treated on its own merit. 3.7 In general a reference in this policy to a licence will include a club premises certificate. 4. Personal Licences Introduction: 4.1 The Council recognises it has very little discretion regarding the granting of these licences. In general provided an applicant has a qualification determined by DCMS and does not have certain serious criminal convictions the application has to be granted. Policy: 4.2. All applicants for a Personal Licence will be required to produce a Criminal Record Bureau Certificate. The police will be consulted if the applicant has a relevant conviction (see Schedule 4 to the Licensing Act 2003 for details of relevant convictions) or a conviction for a comparable foreign offence. It is open to the police to oppose the application on the grounds that granting the licence would undermine the crime prevention objective. If the police do not object the licence has to be granted. 4.3 If the police object to the grant of a Personal Licence the Council will normally refuse such an application unless there are exceptional and compelling circumstances to justify the granting of a licence. The Council will consider the seriousness and relevance of the conviction(s), the period that has elapsed since the offence(s) were committed and any mitigating circumstances. The Council will refuse the application if it considers it necessary for the promotion of the crime prevention objective.

Reason: 4.4 Prevention of crime is both an objective of the Licensing Act 2003 and an important responsibility of the Council under the Crime and Disorder Act 1998. A person holding a personal licence should be a person who is not only properly qualified but a person who will assist the fight against crime. Granting a licence to a known criminal could in some cases undermine rather than promote the crime prevention objective. 5. Premises Licences and Club Premises Certificates and Time Limited Premises Licences Introduction: 5.1 As required by the Act an application must be accompanied by the following: a) The required fee b) An Operating Schedule c) A plan of the premises d) If alcohol is sold, a form of consent given by the person who the applicant wishes to have

specified as the Designated Premises Supervisor. The Designated Premises Supervisor must be the holder of a Personal Licence (this is not necessary for an application for a club premises certificate).

5.2 The Operating Schedule is an operational plan for the premises setting out full details about how it will operate. An operating schedule must include the following details:

• The relevant licensable activities to be conducted on the premises;

• The times during which it is proposed that the relevant licensable activities are to take place (including the times during each day of the week, during particular holiday periods and during particular seasons, if it is likely that the times would be different during different parts of the year);

• Any other times when the premises are to be open to the public;

• Where the licence is required only for a limited period, that period;

• Where the licensable activities include the supply of alcohol, the name and address of the individual to be specified as the designated premises supervisor;

• Where the licensable activities include the supply of alcohol, whether the alcohol will be supplied for consumption on or off the premises or both;

• The steps which the applicant proposes to take to promote the licensing objectives. 5.3 It may be to the advantage of applicants, particularly if the application relates to a premise in a residential area to discuss the details of the operating schedule with residents or their representatives in the vicinity, representatives of responsible authorities and council officers before submitting an application. Policy: 5.4 The Council encourages applicants making applications for premises in locations where neighbouring residents may be affected to discuss details of the operating schedule with those residents or their representatives. Such dialogue may lead to an application being granted without the need to be referred to a Sub-Committee, thus making the application process quicker and cheaper for all parties.

5.5 In particular the Council hopes the applicant will propose practical steps to prevent disturbance to local residents. These steps shall ensure that no noise emanates from the premises nor vibration be transmitted through the structure of the premises which gives rise to nuisance. The Council will expect the applicant to have carried out sound tests by checking the outside of the premises, to ascertain whether there is sound leakage which may cause nuisance. This noise could relate not only to music but also from air handling equipment or patrons. If it is anticipated that noise from the premises might cause a nuisance the Council will expect this to have been addressed in practical ways such as:

• Keeping doors and windows closed and providing adequate mechanical ventilation

• Reducing sound levels

• Installing a sound limiting device to prevent sound exceeding an appropriate level determined by the Council

• Installing soundproofing measures to contain sound and vibration 5.6 The use of outside areas has the potential to cause disturbance, especially with the increased use of such areas for smokers. Applicants may wish to address these issues as they frequently give rise to representations. 5.7 The Council will expect to see details of how delivery, collection and storage activities and the use of equipment, plant and machinery will be organised to avoid disturbance to the occupiers of nearby premises. Restriction of such activity to certain times of the day will often be appropriate. 5.8 The Council will expect popular venues, which attract queues, to formulate a system to avoid disturbance to residents. This can sometimes be achieved by simply ensuring that the direction of the queue is away from residential accommodation. 5.9 However, excessive noise and/or disorder require more rigorous action. It is important that queues formed later in the evening are supervised to keep noise to a minimum. This action can also help stop drug dealers from passing on drugs during the queuing process but the prime purpose is to prevent noise and disturbance. Door supervisors will generally carry out this role, but they must be given clear instructions as to their duties and responsibilities – where necessary they should be under direct management supervision. 5.10 In terms of patrons leaving the premises particularly late at night or early in the morning the Council hopes that the applicant will have given consideration to such practical steps as:

• Erecting prominent notices at the exits to premises asking customers to leave

• quietly and not to slam car doors

• At appropriate times making loudspeaker announcements to the same effect.

• Instructing door staff to ask customers leaving the premises to leave the area quietly and perhaps giving free lollipops to customers as they leave.

• Reducing the volume of music towards the end of the evening and where

• appropriate playing quieter, more soothing music as the evening winds down.

• Availability of licensed taxis or licensed mini-cabs to take patrons from the premises.

• Availability of food and non-alcoholic drinks during the wind down period between cessation of licensable activity and ultimate closing time.

• In appropriate cases to have door supervisors or a manager patrolling nearby streets to assess for themselves whether there is a problem and how best to deal with it.

• Banning from the premises people who regularly leave in a noisy fashion.

• Increasing outside lighting levels

• Where there is a private forecourt, preventing patrons from using it for eating and drinking etc after 11 p.m.

Reason: 5.11 One of the greatest irritations to residents trying to sleep is the sound of music escaping from licensed premises. Such an escape of sound might preclude the grant of a licence or if one has already been granted for it to be reviewed with a view to possible revocation. It might also lead to a Noise Abatement Notice being issued under the Environmental Protection Act 1990. Responsible applicants and licensees will wish to avoid the need for such action, as they will wish to promote the licensing objective of preventing public nuisance. 5.12 A well-managed licensed venue can benefit the local community. Indeed it is the intention of both the Council and the Government to encourage and promote a broad range of entertainment, particularly live music, dancing and theatre for the cultural benefit of the community. This is especially the case when the entertainment is designed with children in mind.

5.13 As against this there is clearly a risk of local residents being disturbed particularly late at night or in the early hours of the morning, this can be a significant problem. Customers may be less inhibited about their behaviour and may be unaware of the noise they are creating. The use of outside areas for drinking also carries risks of disturbance, especially when combined with the use of such areas for smoking. 5.14 The area will be quieter late at night and any noise will, therefore, be amplified and result in more disturbances to residents. Clearly a responsible applicant or licensee will wish to further the licensing objective of preventing public nuisance by introducing practical measures such as those referred to above to prevent such nuisance. 5.15 The policies of the Council are designed to achieve a fair balance between the cultural benefits to the community and the risk of disturbance to residents. Policy: 5.16 The Council will expect the premises to be constructed to the highest possible standards of safety. It will expect the applicant to have addressed the requirements of the Technical Standards for places of Entertainment published by the District Surveyors Association where appropriate. 5.17 The Council will also expect the operating schedule to detail how the premises will be properly managed and maintained to ensure public safety at all times. The Regulatory Reform (Fire Safety) Order now requires all non domestic premises to have a suitable and sufficient risk assessment in place. Part of this assessment should include a capacity of the premises, this will allow the adequacy of the exits to be assessed. It is recommended that a copy of this assessment is submitted to the Fire Authority as part of any new application. 5.18 In premises used for night club style entertainment and where outside promoters use the premises there can be additional risks caused by the style of music played which, can, on occasion attract a different clientele. In these cases the Council expect the Metropolitan Police Service to be given at least 14 days notice of all forthcoming events and have received a MPS Promotion/Event Risk Assessment (Form 696) 14 days in advance of any event. Regard should also be given to guidance contained in the Metropolitan Police booklets: Safe and Sound, and Counter Terrorism Protective Security Advice.

5.19 The Metropolitan Police Service will expect to receive a MPS Debrief Promotion/Event Risk Assessment (Form 696A) three days after any risk assessed event.

Reason: 5.20 Public safety is a very important licensing objective as it is about protecting the safety and the lives of patrons. It is the wish of the Council that anyone visiting a licensed venue in Lambeth can do so in complete safety. Policy: 5.21 The Council will expect the applicant to indicate in the operating schedule the steps proposed to prevent crime and disorder with detail of how they will be employed. Such steps may include:

• Participate in an appropriate Watch Scheme designed to ensure effective liaison with other businesses and the local community, or membership of Lambeth Business Against Crime.

• A commitment to attend regular meetings which may be a feature of such schemes and to attend any special meetings which may be called for a specific reason

• Use of CCTV both within and outside the premises, details of retention times for recordings - minimum 30 days recommended, and with immediate right of access by police and council officers.

• The installation of suitable CCTV systems installed in consultation with the Police to ensure that they are suitable for the purpose.

• Metal detection and search facilities

• Procedures for risk assessing promotions and events such as “happy hours” for the potential to cause crime and disorder, and plans for minimising such risks. Guidance on promotions issued by the BBPA is useful for this.

• Measures to prevent the use or supply of illegal drugs

• Employment of licensed door supervisors and other appropriately trained staff Reason: 5.22 Prevention of crime is both an objective of the Licensing Act 2003 and an important responsibility of the Council under the Crime and Disorder Act 1998. It is important, therefore, that the applicant be able to demonstrate to the Council the practical steps that will be taken to further this objective. Policy: 5.23 It is the policy of the Council that facilities for people and performers with disabilities should be provided in licensed premises. The Council encourages licensees to provide such facilities and reminds them of the duties imposed by the Disability Discrimination Act 1995. Reason: 5.24 It is only right that wherever practicable disabled people should not be treated in a less advantageous way than able-bodied people.

6. Consultation Policy: 6.1 It is the policy of the Council that all those affected by an application should be made aware of it and of the opportunity to make representations. 6.2 The Council will ensure that the applicant complies with the consultation and advertising requirements of the Act and Regulations made under it. This means the applicant will be required to give notice to various bodies known as “responsible authorities” including the police and the fire authority. In addition the applicant is required to advertise an application by means of a notice, clearly visible from outside the premises, for a specified period and by advertising in a local newspaper. In addition the Council itself will also carry out consultation within the Council and with other responsible authorities. Ward Councillors are also notified. A copy of the application is posted on the Council's web-site for the duration of the consultation period. Reason: 6.3 It is important that those who are entitled to make representations have the opportunity to do so. For this reason the Council will ensure that statutory consultation is carried out. 7. Determination of applications Policy: 7.1 In determining a licence application the overriding principle adopted by the Council will be that each application will be determined on its individual merits taking into account this policy statement and government guidance. It will always be necessary for the Council to consider whether the circumstances of an application justify an exception to a particular policy and whether granting an application would work against the licensing objectives. The facts of a particular application may outweigh the presumptions within this policy thus allowing an exception. 7.2 All applications for new premises licences or variations need to be supported by an operating schedule. The schedule must specify (among other things) the steps which the applicant proposes to promote each of the licensing objectives. 7.3 If no responsible authority or interested person lodges an objection (known as a "relevant representation") to the application, the licensing authority must grant the application as set out in the operating schedule, subject only to mandatory conditions under the Licensing Act 2003. The steps proposed by the applicant will become licence conditions. The licensing authority will have no discretion to refuse the application or to alter or add to the conditions arising from the operating schedule. 7.4 Where, however, there are relevant representations, then a hearing of the opposed application before a licensing sub-committee will normally follow. After the hearing, the sub-committee must, having regard to the representations, take such steps as it considers necessary to promote the licensing objectives. These may include refusing the application, or adding to or modifying the conditions proposed in the operating schedule. 7.5 In exercising its discretion, the licensing sub-committee will have regard (amongst other things) to this licensing policy. Therefore, in drawing up their operating schedule, applicants would be well advised to read this policy carefully. Where an operating schedule complies

with this policy, it is generally less likely that an interested party or responsible authority will object to it, or that any objection will succeed. Therefore, compliance with this policy is likely to assist the applicant to avoid the delay and expense of a contested licensing hearing, and the risk of a refusal or the addition of unwanted licence conditions. 7.6 This is not to say that an opposed application which complies with the policy will necessarily be granted or that an opposed application which does not comply with it will necessarily be refused. Where there have been relevant representations, the licensing authority will always consider the merits of the case, and interfere with the operating schedule only when, and to the extent, necessary to promote the licensing objectives. Nor will blanket or standard conditions be applied without regard to the merits of the individual case. So, for example, the licensing authority will not interfere with an operating schedule which does not comply with this policy where the steps proposed are sufficient to meet the licensing objectives in the individual circumstances of the case. 8. Conditions Policy: 8.1 Where it is necessary to impose conditions to promote the licensing objectives these will be tailored to the individual application concerned. Conditions may only be placed on a licence by the Licensing Sub-Committee, and then only if relevant representations have been received. Only those necessary to meet the licensing objectives will be imposed. Where appropriate conditions from the DCMS “menu” of conditions will be used or amended to suit particular circumstances. Conditions placed on licences will not be restricted to this ‘menu’. Licence conditions will not be sought or imposed where the Council considers other regulatory regimes provide sufficient protection to the public e.g. health and safety at work and fire safety legislation. 8.2 The Council will expect applicants to have considered, when formulating their operating schedule, which, if any, of the DCMS menu of conditions would be appropriate in respect of the application concerned. It is stressed that it is a menu and not a list of standard conditions. Equally the menu is not designed to be exhaustive and the applicant should consider whether it would be appropriate to offer additional conditions in respect of a particular application. 8.3 Council officers are available to discuss the proposed operating schedule in advance with the applicant and any interested party or responsible authority with the aim of achieving a mutually agreeable level of protection to the public and fulfilment of the licensing objectives. Experience has shown that some representations can be mediated by officers to the satisfaction of all parties, this reduces costs in holding hearings and speeds up the issue of licences. Reason: 8.4 The view of the Council is that there should not be standard conditions some of which might be inappropriate to individual premises. Instead conditions should be especially tailored to the premises and activities concerned with a view to ensuring the promotion of the licensing objectives. 9. Location of Premises, Licensing hours and the prevention of nuisance Introduction:

9.1 The Government strongly recommends that statements of policy should recognise that longer licensing hours with regard to the sale of alcohol are important to ensure that the concentrations of customers leaving premises simultaneously are avoided. This is necessary to reduce the friction at late night fast food outlets, taxi ranks and other sources of transport that lead to disorder and disturbance. 9.2 The Council acknowledges the views of the Government in this regard. In Lambeth however the problem goes further in that there are dense residential populations living close to nightspots. Therefore, while longer licensing hours may reduce some of the worst crime and disorder caused by mass exodus from premises there will be greater risk of nuisance to local residents caused by people in the street later at night. The Council needs to reflect both sources of disturbance in the licensing hours it sets and to strike an appropriate balance. 9.3 This part of the policy is concerned with whether a proposal is appropriate in a location with particular regard to the impact on any residential areas. In most of the borough, which is predominantly residential, applications with a closing time of no later than 11.00pm are welcomed. It is hoped that any application that requests an opening time later than 11.00pm will pay particular attention to the greater potential for disturbance of residents and that this matter will be specifically addressed in the operating schedule in such a way as to allow any person in the vicinity to make an informed opinion as to effect the application may have on them. 9.4 In all cases, the granting of a licence will depend on impact of an activity, particularly on local residents. It is necessary to consider, amongst other things, the level of impact that could arise from noise and vibration, litter, the amount of car parking readily accessible to the premises, accessibility to public transport services, people coming and going, crowds and queuing, deliveries, collections and servicing of the premises; and whether any impact is particularly unacceptable late at night. Policy: 9.5 It is the policy of the Council to strike a fair balance between the benefits to a community of a licensed venue and the risk of disturbance to local residents. The Council will, when determining individual applications that are the subject of relevant representations, consider whether it would be appropriate to grant the application and/or restrict the hours of operation. 9.6 Throughout this policy "closing time" refers to the time at which all licensable activity including the sale of alcohol must cease. The Act also requires the operating schedule to specify the times that the premises are open to the public. The Council considers a winding down period of between half an hour and one hour after licensable activity, including the sale of alcohol, has ceased to be sufficient to allow a gradual dispersal of patrons. In setting the winding down period applicants should consider the ultimate closing time of the premises so as to minimise the risk of disturbance to nearby residents. The operating schedule should include measures put in place during the winding down period to encourage patrons to leave quietly. 9.7 Any activity involving public entertainment or eating or drinking on the premises has the potential to impact adversely on the surrounding area due to noise, smells, or congestion on the footway. Adverse impact may also be caused by the customers being noisy when leaving, leaving litter or taking up on-street car parking space needed by residents. The impact of noise generated by these activities, especially customers departing either on foot or in cars, is particularly intrusive at night when ambient noise levels are much lower.

9.8 Much of this Borough is very sensitive to the impact of licensed activities because it is either residential in character or close to residential areas. Many shopping areas are abutted by residential areas, including housing above commercial premises. The impact of traffic and parking related to licensed premises can be considerable. Even where a majority of customers arrive on foot or by public transport, the additional parking demand may be significant, especially where there are already a number of licensed premises. 9.9 It is recognised that there are some established areas where there are venues open later. These areas already have established cultural and entertainment facilities with late opening hours and attract significant numbers of people both locally and from other areas of London. In these areas more customers are likely to travel by public transport and the activities may help bring vitality to the area after normal shopping hours. The ambient noise levels are also likely to be higher in the evening particularly when compared with predominantly residential areas so that additional noise may be less objectionable. 9.10 Nevertheless, late at night, the impact of licensed activities is more likely to be objectionable to residents living within or close to a licensed activity. The ambient noise level will be lower so that noise disturbance from activities becomes relatively more noticeable. 9.11 Persons visiting entertainment venues which close after the main public transport services have shut down are more likely to use private cars and seek to park in residential streets close to the activity. To reduce the need for car use to a minimum, the level of public transport accessibility would need to be appropriate to the number of people expected and there should be good access to any publicly available off-street car parking. Therefore it will incumbent on applicants to demonstrate that their proposed operation will not be inappropriate and that there will not be an adverse impact. 9.12 An entertainment use attracting large numbers of people should be very close to adequate public transport, rail, underground and bus routes, for instance. For the same reasons, the level of public transport accessibility will be an important factor in considering any exception to the normal closing times in any location. In assessing this factor, the Council will have regard to its Public Transport Accessibility Level index, calculated in accordance with the Unitary Development Plan methodology. This identifies six levels of which the highest are levels 5 and 6. 9.13 At any time of day, it is important that bus services and essential traffic are not delayed by car parking that contravenes parking and bus priority regulations. Therefore, an assessment will be need to be made of the likely travel methods of customers and where any car parking is likely to take place. Parking demand from licensed premises is likely to increase late at night when public transport is less frequent and when customers may feel more secure travelling by car. 10. Later Hours Policy Policy: 10.1 Applications with a proposed later closing time that can clearly demonstrate that they meet the criteria a) to d) below are more likely to be granted in the form applied for without extra conditions being applied by a Sub-Committee. Each application is considered on its individual merit however.

a) the licensed activities would not be likely to cause adverse impact especially on local residents, and that, if there is a potential to cause adverse impact, appropriate measures will be put in place to prevent it. b) there will not be any increase in the cumulative adverse effect from these, or other licensed premises, on an adjacent residential area c) there is a particularly high level of public transport accessibility to and from the premises at the appropriate times d) the activity will not be likely to lead to a demonstrable increase in car parking demand in surrounding residential streets or on roads forming part of the Strategic London Road Network or the London Bus Priority Network. 10.2 In addition to the above considerations the Council will consider favourably applications for later hours where the consumption of alcohol is clearly incidental to other activity. Reason: 10.3 The Council will always consider the nature of the licensed activity, the location of the premises and the proximity of surrounding late night commercial and residential uses. Where there is already an adverse impact on neighbouring residents, or an anticipated impact from licences granted but not yet trading, the Council will consider the extent to which the proposed use will add to that impact. The absence of appropriate infrastructure or resources to regulate activity in public areas beyond the responsibility of the licensee may be a factor in considering whether later hours for a particular premise should be granted. 10.4 Opening hours of up to midnight are also welcomed, in principle, for premises in commercial areas with high levels of public transport accessibility. However, in all cases, the granting of a licence will depend on impact of an activity, particularly on local residents. It is necessary to consider, amongst other things, the level of impact that could arise from noise and vibration, litter, parking, people coming and going, crowds and queuing, deliveries, collections and servicing of the premises; and whether any impact is particularly unacceptable late at night. 10.5 The nature of the licensed activity is an important consideration. A restaurant, for example, where alcohol is served to seated customers with food is less likely to impact on residential amenity than a use where the primary activity is alcohol consumption. 11. Consideration of the Impact of licensed activities Policy: 11.1 When considering whether any licensed activity should be permitted, the Council will assess the likelihood of it causing unacceptable adverse impact, particularly on local residents, by considering all following factors and other relevant matters: a) the type of use, the number of customers likely to attend the premises and the likely behaviour of customers at the time of the application; b) the proposed hours of operation;

c) the level of public transport accessibility for customers either arriving or leaving the premises and the likely means of public or private transport that will be used by the customers; d) the means of access to the premises which should have customer entrances and exits on the principal pedestrian routes; e) the level of likely car parking demand on surrounding residential streets and on roads forming part of the Strategic London Road Network or the London Bus Priority Network and its effect on local residents, in comparison with the existing situation; and the effect on residential parking and the movement of priority traffic; f) the cumulative effect of licensed premises in an area. In judging the effect on residents of a particular activity the Council will take into account any effect that is already occurring as a result of other licensed premises. This consideration will apply irrespective of any special policy which may be adopted of refusing licences in certain areas because of cumulative impact. g) the scope for mitigating any impact; h) how often the activity occurs. and, in considering any application in respect of premises that are already licensed, the Council will take into account any evidence: i) of past demonstrable adverse impact from the activity especially on local residents; or j) that the activity has caused a demonstrably unacceptable level of car parking in surrounding residential streets or on roads forming part of the Strategic London Road Network or the London Bus Priority Network; and k) that, if adverse impact has been caused, appropriate measures have been agreed and put into effect by the applicant to mitigate the adverse impact. If, however, such measures have not been put into effect or there has been insufficient time to assess them the applicant may be invited to consider amending his application so as to enable a licence to be granted for a limited period only. 11.2 There is an existing concentration of licensed premises with late licences in close proximity to densely populated residential areas in Brixton and Clapham. There is insufficient evidence currently available to justify a special policy of refusal of new licences in these locations (see section 13). The Council will continue to monitor data on these locations and will instigate an early review of the policy should evidence become available that a special policy may be warranted. 11.3 The Council will particularly scrutinise new applications and extensions to hours and capacities in Brixton and Clapham and will expect operators to adopt management standards and to work in partnership with each other, the police and other agencies so as to lessen the current adverse effects. Reason: 11.4 The prime purpose of this part of the policy is to achieve the licensing objective of preventing public nuisance. In furtherance of this aim the policy lists particular matters that the Council will take into account in considering whether a licensed activity is likely to cause an adverse impact, particularly to local residents.

a) The precise nature of the activity, especially for entertainment, will be a factor in considering the impact, principally in terms of the age and orderliness of the customers. b) Levels of noise from licensed premises, which may be acceptable at certain times of day, may not be acceptable later in the evening or at night when ambient noise levels are much lower. c) The Council's preference is to see licensed activities located in places where customers are not reliant on private car use, and can walk, cycle or use public transport. Despite being located within Inner London, the level of public transport accessibility in the borough varies considerably. In town centres, a high use of public transport could be expected by the customers of licensed premises but, even there, car use is likely to increase when activities go on very late. Consequently, there could be unacceptable parking and traffic in nearby residential areas. d) The main impact of customers arriving, queuing and leaving should be confined to principal pedestrian routes as far as possible. It would not be appropriate, for instance, to have licensed activities which caused large numbers of people to exit into a residential area as opposed to a situation where pedestrian movement takes place directly to and from nearby public transport services. e) Car parking by customers of licensed activities can be a serious problem. This affects local residents in terms of noise and road safety, particularly after the hours when controlled parking zones are in operation. It can also affect the movement of essential traffic on primary routes and delay bus services. When considering the possible impact on residents, the Council will look at the area within which the impact could be experienced in particular the likely distance at which most customers arriving by car would seek to park. The potential parking area for major entertainments can be substantial. f) Licensing law is not the primary mechanism for the general control of nuisance and anti-social behaviour by individuals once they are away from the licensed premises and therefore beyond the direct control of the licensee. Nonetheless it is a key aspect of such control and will be part of a holistic approach to the management of the evening and night-time economy. In accordance with Government advice the decisions taken by the Council in respect of individual licence applications will be focused on matters within the control of individual licensees and others granted relevant permissions and the steps they can take to achieve the licensing objectives. Accordingly, these matters will centre on the premises and places being used for licensable activities and the likely impact of those activities on members of public living, working or engaged in normal activity in the area concerned. 11.5 In taking its decisions the Council accepts the difficulty a licence holder has in preventing anti-social behaviour and nuisance being caused by individuals once they are beyond the direct control of that licence holder. However, it will also take into account that the licensing objective of preventing public nuisance will not be achieved if patrons from licensed premises regularly engage in anti-social activities to the detriment of nearby residents or businesses. Indeed nuisance may be caused by large numbers of people talking or closing car doors late at night in residential roads without any attendant anti-social behaviour. The Council will also take into account its responsibility under the Crime and Disorder Act 1998 to do all it can to prevent crime and disorder in the borough. 11.6 The aim of the policy is, therefore, to achieve a balanced approach to these difficult issues.

12. Special Saturation Policy Introduction: 12.1 A saturation of licensed premises can attract customers to the area that has an impact on the surrounding area beyond the control of individual licence holders. 12.2 Where the Council receives representations from a responsible authority or interested party that an area has become saturated with licensed premises, making it a focal point for large groups of people to gather and circulate, creating exceptional problems of disorder and nuisance over and above the impact from any individual premises it is open to a Council to adopt a “Special Saturation Policy” if it is satisfied that the imposition of licence conditions would not address the issue. Such a policy would determine a rebuttable presumption that an application to increase licensable activity in the area will not be granted if representations are received. This may be rebutted by the applicant showing that a particular application will not impact adversely on the licensing objectives. 12.3 DCMS guidance makes it very clear that there must be strong evidence to justify such a policy. For example there would need to be an identification of serious and chronic concern about crime, disorder or nuisance, an assessment of the causes of this crime and disorder and nuisance and a demonstration that it is patrons of licensed premises who are responsible for the problems. Policy: 12.4 The Council will consider representations from a responsible authority and/or interested party that a Special Saturation Policy in a particular area is warranted. 12.5 The party making the representation will be required to provide the evidence to justify such a policy. 12.6 It is important to note that such a policy if adopted will not cause any existing licences to be changed. It can only apply to new applications and variations of existing licences. It is also not an absolute policy. 13. Staggered Closing Times Introduction: 13.1 One of the aims of the new licensing regime is to prevent the mass exodus of patrons at fixed closing times that could happen under the inflexible licensing hours of the previous liquor licensing arrangements. Fixed licensing hours have been abolished in favour of hours tailored to individual premises.

13.2 Government Policy is that longer licensing hours ought to enable customers to leave for natural reasons over a longer period. However, it is possible that customers will choose to remain in premises until closing time and that operators will tend to close at the same time, so replacing the current peaks with a later peak set by the industry. Policy: 13.3 In the case of supermarkets and convenience stores wishing to provide late night refreshment or the sale of alcohol for consumption off the premises the Council will not normally seek to restrict the hours of operation.

Reason: 13.4 The aim of this policy is to minimise disturbance and strain on transport systems. It is also designed to prevent the replication of the previous mass exodus of patrons but at a later hour to the detriment of the licensing objective of preventing public nuisance. 13.5 It is stressed that the Council is not seeking to introduce any form of zoning or quota system of licensed hours. It is simply seeking to ensure the gradual departure of patrons envisaged by DCMS guidance. 13.6 In the case of supermarkets, convenience stores and similar premises these types of premises are entitled, subject to planning constraints, to be open 24 hours a day. The Council considers it would be inappropriate, therefore, to limit the hours that late night refreshment or the off sale of alcohol may be provided unless it can be demonstrated that this would lead to nuisance or crime and disorder over and above the normal use of the premises. 14. Tables and Chairs outside Premises

Introduction: 14.1 The provision of tables and chairs outside the premises either on the public highway or on private land can enhance the attractiveness of the venue. It can have the benefit of encouraging a continental style café culture. However, late at night these same tables and chairs can contribute to noise problems. This is because they can encourage patrons and passers by to loiter rather than disperse. 14.2 The leaving of tables and chairs on the public highway will need the consent of the Council as the highway authority. On private land no consent is needed Policy: 14.3 So far as the public highway is concerned the Council (in the capacity of Highway Authority) will generally only allow hours of operation of 9 a. m to 6 p.m. In predominantly commercial areas the Council will normally allow hours of operation of 8 a.m to 11 p.m. on Monday to Thursday, 8 a.m. to 11.30 p.m. on Friday and Saturday and 8 a.m. to 10.30 p.m. on Sunday. At the conclusion of these hours the Council will expect the removal of these tables and chairs unless specific permission has been granted for them to remain. 14.4 If these hours lead to adverse impacts to the safety and amenity of local residents they may be reduced unless appropriate measures have been agreed with the Council to mitigate these impacts. 14.5 In respect of tables and chairs on private land the Council will expect the applicant to consider, in the operating schedule, the risk of adverse impacts of this furniture being used late at night and to have considered offering to operate these hours as a means of minimising risk. When considering an application that is the subject of representations the Council will take into account the hours during which the applicant intends to use any tables and chairs on private land. Reason:

14.6 This policy is designed to strike a fair balance between the needs of those wishing to enjoy refreshment in the open air and the need to prevent safety and nuisance problems. 15. Sex Related Activities Introduction: 15.1 The Council has no moral objection to such activities and there is no provision in the Act for any such moral objection. Where though the activities proposed under the licence include those of a sex related nature (e.g. topless waitresses, striptease, table dancing) the Council will take into account the potential increased risk to the licensing objectives. For the sake of convenience the term “striptease” in this part of the policy should be taken to refer to any entertainment or service involving exposure of private parts or the sexual stimulation of patrons. Policy : 15.2 Where such licences are granted it will impose conditions designed to ensure that children are not admitted to and cannot witness these activities and to prevent crime and disorder problems. For example: The area proposed for striptease shall: (a) be in a position where the performance cannot be seen from the street; (b) normally be in a designated area of the premises with segregation from the

audience;

(c) normally be in a position where the performers will have direct access to the dressing room without passing through or in close proximity to the audience.

Whilst striptease entertainment is taking place no person under the age of 18 shall be on the

licensed premises and a clear notice shall be displayed at each entrance to the premises in a prominent position, so that it can be easily read by persons entering the premises, in the following terms: NO PERSON UNDER 18 WILL BE ADMITTED 15.3To prevent the possibility of children seeing unsuitable advertisement the policy of the Council will be to attach a condition to the effect that “Except with the consent of the Council there shall be no external advertising of the striptease entertainment” 15.4 In considering applications involving striptease where there are relevant representations the Council will have particular regard to the potential to the increased risk of the licensing objectives being undermined. Reason: 15.5 These policies are designed to further the licensing objective of protecting children from harm by preventing them being exposed to unsuitable material or acts. They are also designed to further the crime prevention and prevention of nuisance objectives by recognising the potential increased risk of nuisance or illegal activities such as performers offering “extras” to customers or the plying for trade by prostitutes.

16. Other Controls 16.1 The Government has asked that policy statements should include other mechanisms that are available for addressing issues of customers behaving badly away from licensed premises such as:

• planning controls

• positive measures to create a safe and clean town centre environment in partnerships with local businesses, transport operators and other departments of a Council.

• powers of local authorities to designate parts of the local authority area as places where alcohol may not be consumed publicly

• police enforcement of the normal law concerning disorder and anti-social behaviour, including the issue of fixed penalty notices .

• the prosecution of any personal licence holder or member of staff at such premises who is selling alcohol to people who are drunk.

• the confiscation of alcohol from adults and children in designated areas.

• Police powers to close down instantly for up to 24 hours any licensed premises or temporary events on the grounds of disorder, the likelihood of disorder or excessive noise emanating from the premises.

• The power of the police, other responsible authority or a local resident or business to seek a review (possible revocation) of the licence or certificate in question.

16.2 For a variety of reasons many of these mechanisms will be of limited effectiveness and value in dealing with anti-social behaviour away from the premises. This is why it is the policy of the Council to consider very carefully the grant of a licence particularly when the hours sought extend into the early hours of the morning. 17. Protection of Children Introduction: 17.1 The protection of children from harm is an important licence objective. Nevertheless the Council will not normally impose conditions requiring or prohibiting the admission of children to any premises believing this should remain a matter of discretion of the licence holder. In this connection DCMS guidance makes it clear that conditions requiring the admission of children cannot be attached to licences and certificates. However, the Council will where necessary impose conditions designed to protect children. 17.2 The Portman Group operates, on behalf of the alcohol industry, a Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks. The Code seeks to ensure that drinks are packaged and promoted in a socially responsible manner and only to those who are 18 years old or older. The Council commends the Code and will seek to encourage compliance with its recommendations. 17.3 Lambeth Trading Standards undertake regular test purchase operations to detect any instances of under age sales. When such test purchase are successful Trading Standards, as a responsible authority may apply for a review of the premises licence. This can result in revocation or suspension of the licence.

Policy: 17.4 The Council will take strong measures to protect children from harm. The Directorate of Social Services - Head of Children Services as the responsible authority under Section 13(4) (f) of the Act, will be consulted on any application which raises concerns regarding the protection of children from harm. Examples of premises where the introduction of additional controls are likely to be necessary are:

• Where there have been convictions of current members of staff for serving alcohol to minors or with a reputation for under-age drinking

• With a known association with drug taking or dealing

• Where there is a strong element of gambling on the premises (but not a small number of gaming machines for cash prizes)

• Where entertainment of an adult or sexual nature is provided

• Where the sale of alcohol for consumption on the premises is the exclusive or primary purpose of the service provided under the licence

17.5 In such circumstances while it may sometimes be necessary to impose a complete prohibition this would be only rarely imposed. The Council would normally be more likely to Impose requirements such as:

• Limitations on the hours when children may be present

• Age limitations below 18

• Limitations or exclusions when certain activities are taking place

• Requirements for accompanying adults

• Full exclusion of people under 18 from the premises when any licensable activities are taking place

17.6 Where there is provision of entertainment specifically for children (e.g. a children’s disco) the Council will require the presence of sufficient adults to control the access and egress of the children and assure their safety. 17.7 Where appropriate the Council will require that Criminal Record Bureau checks are undertaken for those adults responsible for the provision of children’s entertainment or involved in the supervision of children. 17.8 Where the exhibition of films is a licensable activity permitted by a premises licence the Council will expect the age restrictions of the British Board of Film Classification (BBFC) to be complied with whenever films are exhibited to children. Only in exceptional circumstances will the Council itself classify films that it is desired to show to children and which have not been classified by the BBFC. 17.9 In relation to specialist Film Festivals where it is desired to show films not classified by the BBFC the Council will, provided adequate notice has been given, classify the films concerned. To achieve consistency and the protection of children the Council will use the guidelines published by the BBFC. Reason: 17.10 These policies are designed to allow flexibility for the licensee, to ensure that where appropriate licensed premises are “user friendly” for children but to ensure they are adequately protected.

18. Drugs Introduction: 18.1 The Council recognises that drug use by people is a serious problem that can have fatal consequences. In many entertainment venues such as night clubs and dance venues there is the potential for drug use to occur and also for drug dealers to use the premises. 18.2 A well managed venue, with a clear and consistently applied anti-drug policy can be a significantly safer venue for patrons. A venue that works to exclude drug dealing is also generally easier to manage. 18.3 The Council is developing an Alcohol and Drugs Misuse Strategy consistent with the objectives of this policy. Policy: 18.4 The Council will expect licensees of venues likely to be affected by drugs to take all reasonable steps to prevent the entry of drugs into licensed premises, to take appropriate steps to prevent drugs changing hands within the premises and to take practical measures to prevent tragedies as a result of drug misuse. 18.5 The Council will expect licensees to encourage their staff to obtain relevant accredited qualifications. In particular the Council will expect licensees of such venues to be familiar with the contents of Chapter 4 (drug awareness) of the BIIAB Level 2 National Certificate for Entertainment Licensees and to be following the recommendations of that handbook. The Council will also expect licensees to be following the recommendations of the books “Safer Clubbing” issued by the London Drugs Policy Forum in conjunction with the Home Office (available from the Drug Prevention Advisory Service) and “Safe and Sound” issued by the Metropolitan Police Service. 18.6 Licence holders should take advice from the above sources and the Metropolitan Police and should initiate their own policies to deal with drug taking and drug dealing. Should a review of a licence be initiated because of drug problems, any request for the revocation of the licence will be carefully considered after having heard the facts of the review, if it is consistent with the promotion of the licensing objectives. Reason: 18.7 The purpose of this policy is to further the crime prevention objective and to ensure public safety by preventing life threatening incidents caused by drug abuse, overheating and other factors. 19. Temporary Events Introduction: 19.1 Under the Licensing Act 2003 small scale events where the attendance is under 500 persons and of specified limited duration at which alcohol is provided and/or entertainment provided do not require licensing. Instead the organiser simply serves what is known as a temporary event notice on the Council and the police. The Council can only intervene if the Police object in furtherance of the crime protection objective.

19.2 For larger events that exceed the specified duration a time limited premises licence is required. Policy: 19.3 For temporary events needing a time limited premises licences the Council will apply the general principles detailed in this policy statement as though the application related to a permanent premises licence. This will enable the Council to balance the cultural benefit to the community with the need to further the licensing objectives. 19.4 For events where a licence is not required the Council will not normally be able to adjudicate. However, at events on Council property such as its parks and open spaces the relevant department of the Council will seek as part of its letting policies and Events Strategy to achieve this balance. In other words the Department concerned will favour events that have a positive benefit to the community and will make any letting subject to conditions designed to ensure the promotion of the licensing objectives. 19.5 In considering any application the Council will have particular regard to the steps the applicant has taken or proposes to comply with the recommendations set out in the following publications as they relate to the particular licensable activity:

• The Event Safety Guide

• Managing Crowds Safely

• The Guide to the Safety at Sports Grounds

• Safety Guidance for Street Arts, Carnival, Processions and Large Scale Performance. 20. Planning Introduction: 20.1 Planning controls will are applicable with regard to new developments, or where there is an application to delete or amend existing conditions to previously approved planning permissions or a change of use. 20.2 The Council's Planning Policies are set out in its Unitary Development Plan, adopted in August 2007. Also the London Plan. 20.3 The strength of these policies is that there is an obligation both on the Council, as local planning authority, and the decision maker on any appeal, to give considerable weight to them. This helps to ensure consistency in the decision making process. 20.4 In general, planning permissions authorise a type of use, whereas licences relate to a particular premises and operator and may only cover a part of the premises. A planning permission is attached to the premises and is usually permanent. Unlike a licence it cannot normally be reviewed and if necessary revoked. Furthermore planning is only concerned with the premises and the use and hours proposed. It takes no account of the suitability or otherwise of the applicant. 20.5 Within certain limits, the activity may change without a new planning permission. A planning permission for an entertainment use, for instance, may cover activities that can have a wide range of different impacts in the locality. The precise nature of the impacts of the specific activities proposed by a prospective licence holder needs to be considered when an application is made for a licence.

20.6 In some cases where an application is made for a licence the town planning use will already be authorised by a previous planning permission or because the premises has long-standing lawful use. Therefore, a new application for planning permission is often not required. However, three points must be made: (i) The existing planning permission might, and if recently granted is very likely to, have conditions restricting the use of the premises in some way: e.g. the hours of operation. In that case, anybody seeking a licence to operate beyond those hours would first need to obtain a revised planning consent, a variation or removal of the condition. (ii) The existence of a planning permission (or lawful use) where there is no condition on the usage does not mean that a licence for late hours of operation or a particular entertainment would necessarily be appropriate. Similarly, if an existing planning permission has conditions on the hours of operation, it does not follow that a licence for a particular activity will be granted up to the hours specified in the planning permission. (iii) Where a long standing planning permission has no condition on hours, or where there is lawful use without planning permission, it is likely there has been no rigorous consideration of late night impact during the planning process. Experience within the borough has revealed the importance of these issues and planning permissions are no longer likely to be granted without such constraints. Policy: 20.7 Applications for premises licences for permanent commercial premises should normally be from businesses with planning consent for the property concerned. It is the policy of the Council to encourage an applicant to ensure that a premises has either an appropriate (in terms of the activity and hours sought) planning consent, or an appropriate certificate of lawful use or development before applying for a licence. Reason: 20.8 This policy is simply to avoid unnecessary duplication and thus comply with DCMS guidance. The Licensing and Planning Committees will keep each other advised of their actions to ensure that a licensing application will not be a re-run of the planning application and will not cut across decisions taken by the local authority planning committee or following appeals against decisions taken by that committee. 21. Other Strategies Policy: 21.1 The Council will integrate its various strategies to achieve the licensing objectives in the interests of clarity for applicants and effective determination. 21.2 Applicants for licences will be expected to have taken local crime prevention strategies, planning and transportation, alcohol and drug misuse, child protection, accident/injury prevention and other relevant strategies into account in determining their operating plans. These documents are available via the Council’s website. The underlying principles of Lambeth's Alcohol Strategy are to:

• Promote responsible and safer attitudes to alcohol use at the individual, community and borough level, thereby reducing alcohol-related harm

• Protect individuals and the community from alcohol-related criminal and anti-social behaviour

• Improve treatment and support to those affected by the problems of alcohol use

Adopt the European Charter on Alcohol and adhere to its principles

21.3 Applicants will also be expected to address the prevention and clearance of litter and other waste materials measures arising from the use of the premises in their operating schedules. Premises licensed for Late Night Refreshment will be expected to indicate whether there will be compliance with the Voluntary Code of Practice for the Fast Food Industry when published by the Department for Environment Food and Rural Affairs 21.4 Fly-posting can be part of the general degradation of an area amounting to a public nuisance. Applicants will be expected to take all reasonable steps to prevent fly-posting in connection with their premises including the imposition of appropriate contractual conditions should the premises be hired to third parties.

22. Enforcement 22.1 Where necessary, enforcement action will be taken in accordance with the principles of the Enforcement Concordat, the Council’s Enforcement Strategies and the Licensing Enforcement Policy. 22.2 In particular regard will be had to the fundamental principles recommended by the Better Regulation Task Force for good enforcement and also the Hampton Report:

• Targeting - i.e. focusing on activities that give rise to the most serious risks or where hazards are least well controlled.

• Consistency - i.e. similar approaches in similar circumstances to achieve similar ends.

• Transparency - i.e. helping duty holders to understand what is expected and distinguishing between statutory requirements and guidance.

• Proportionality - i.e. action taken should be proportional to the risk presented.

• No inspection will take place without a reason.

22.3 The authority intends to establish protocols with the local police and the Fire Authority on enforcement issues to avoid duplication and to provide for the most efficient deployment of Council, police and Fire Authority officers in respect of inspection of licensed premises and the enforcement of licensing law. Multi agency announced and unannounced inspections and visits may be undertaken. 22.4 Subject to the provisions of the Data Protection Act 1998 the Council will share information about licensees, licensed premises and activities associated with them. 22.5 Furthermore the policy of the Council will always be a light touch inspection regime for well managed and maintained premises with a targeted and graduated inspection and enforcement regime for problem and high-risk premises. The intention is to allow economic progress and only to intervene when there is a clear case for protection

23. Administration, Exercise and Delegation of Functions 23.1 The council will be involved in a wide range of licensing decisions and functions and has established a Licensing Committee to administer the functions. 23.2 Appreciating the need to provide a speedy, efficient and cost effective service to all parties involved in the licensing process, the Committee has delegated certain decisions and functions and has established Sub-Committees. 23.3 With many of the decisions and functions being purely administrative in nature, the grant of non-contentious applications, such as those which have received no representation, have been delegated to Council officers. All such matters dealt with under delegated powers will be reported for information to the Committee. 23.4 This form of delegations is without prejudice to officers referring an application to the Sub-Committee or full Licensing Committee if considered appropriate in the circumstances of any particular case. 23.5 The following table sets out agreed delegation of decisions and functions of the Licensing Committee, Sub-Committee and Officers. 23.6 Table of Delegation of Licensing Functions MATTER TO BE DEALT WITH

FULL COMMITTEE SUB-COMMITTEE OFFICERS

Application for personal licence

If objection is made If no objection is made

Application for a personal licence with unspent convictions

All cases

Application for provisional statement

If representation is made

If no representation is made

Application for premises club/licence premises certificate

If representation is made

If no representation is made

Application to vary club/premises registration certificate

If representation is made

If no representation is made

Application to vary designated personal licence holder

If police objection All other cases

Request to be removed as designated personal licence holder

All cases

Application for transfer of premises licence

If police objection All other cases

Application for interim authorities

If police objection All other cases

Application to review club/premises registration

All cases

Decision whether a complaint is irrelevant, frivolous, or vexatious

All cases

Decision to object when local authority is a consultee and not lead authority

All cases

Determination of a police representation to a temporary event notice

All cases

Licensing Team Environmental Health 2 Herne Hill Road London SE24 OAU Email: licensing@lambeth.gov.uk For a paper copy call: 020 7926 6108