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Licensing - Alcohol and Entertainment

Licensing Act 2003 - Policy

Introduction

1. Thurrock Council is the Licensing Authority under the Licensing Act 2003 and is responsible for granting premises licences, club premises certificates, temporary events notices and personal licences in the Borough in respect of the sale and/or supply of alcohol and the provision of regulated entertainment and late night refreshment.
2. When assessing applications following the receipt of representations relating to the application the Licensing Authority must be satisfied that the measures proposed in the applicant's operating schedule will, as far as possible, achieve the desired outcomes. Where appropriate, this policy directs applicants to what the Licensing Authority expects to see addressed in their operating schedules. It also aims to assist applicants in understanding what the Licensing Authority is seeking to achieve, what will be the influencing factors and what control measures could be implemented by the applicant to achieve the desired outcomes.
3. However, it should be recognised that this policy covers a wide variety of premises and activities carried on in them including theatres, cinemas, restaurants, pubs, nightclubs, private members' clubs, village halls and community centres, as well as off-licences and late night food premises and vehicles selling hot food or hot drink after 11p.m. For this reason, this policy cannot detail all the factors that influence the achievement of the licensing objectives nor can this policy detail all the control measures that may be appropriate.

4. The Licensing Objectives

   The 2003 Act requires the Council to carry out its various licensing functions so as to promote the four licensing objectives. These are the only matters which can be taken into account in determining an application and any conditions made must be necessary to achieve these objectives:
   • The Prevention of Crime and Disorder
   • Public Safety
   • The Prevention of Public Nuisance
   • The Protection of Children From Harm
5. Applicants are advised to provide evidence in their operating schedules of the suitable and sufficient measures to be taken in respect of each of the four licensing objectives. These will reflect the individual style and characteristics of the premises and the activities going on there. Reference will need to be made to any additional arrangements and precautions required when a special event or promotion is planned, for example, where the event is likely to attract a larger audience.

6. Statement of Licensing Policy

   The 2003 Act further requires that the Licensing Authority publishes a 'Statement of Licensing Policy' that sets out the policies the Licensing Authority will generally apply to promote the licensing objectives when making decisions on applications made under the Act.
7. This 'Statement of Licensing Policy' has been prepared in accordance with the provisions of the 2003 Act and having regard to the guidance issued under Section 182 of the Act. It has been drafted in partnership with the Essex Joint Licensing Officers' Forum, the Safer Thurrock Partnership and the Thurrock Drug and Alcohol Reference Group. These partnerships provide links to the Essex Chief Executives' Association's Crime and Disorder Steering Group, who will maintain a strategic overview of issues associated the Licensing Act 2003.
8. This Policy Statement takes effect on 6th January 2011 and will remain in force for a period of not more than 3 years. It will be subject to regular review and further consultation prior to January 2014.

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