Licensing
The Licensing Act (2003) came into force in 2005. It gave licensing authorities (district, unitary and metropolitan borough councils) new and more flexible powers over licensed premises and was intended to give local people more of a say in licensing decisions and scope to flag problems and get them addressed.
It was the (then) Government’s aim to introduce a café culture into Britain’s town and city centres with a Mediterranean style of eating and drinking. Bars would be open longer and later, drinking would be relaxed and staggered, with happy and contented folk drifting quietly home over a period of time. Such was the dream. As and if reality proves less lovely local people can explore the system and speak out.
As an important part of the ways in which we welcome visitors to St Albans and manage our leisure economy, licensing impacts how we are entertained, live, work, socialise and relax. It covers the sale of alcohol; regulated entertainment (live or recorded music, films, plays etc); and supply of late night refreshments.
When granting licences, authorities consider whether the activity fits within the Licensing Act’s four objectives:
- The prevention of crime and disorder.
- Public safety.
- The prevention of public nuisance.
- The protection of children from harm.
The licence-granting process allows local people and bodies to ‘make representations’ and this applies whether the application is for a new licence, a variation, a minor variation or a review. For example local people could make a representation which objects to a new licence application. In every case, representations must relate to one (or more) of the four objectives. St Albans City and District Council’s (SADC’s) guidance on making representations says:
- It will assist if the representations are specific to the premises and evidence based. Interested parties may, therefore, wish to talk to local police beforehand, or document problems themselves by, for example, keeping a diary or photographic evidence of any incidents.
- Licensing authorities will need to be satisfied that there is an evidential and causal link between the representations made, and the effect on the licensing objectives.
There’s more details on types of licences, how to apply for them and how to make representations on SADC’s website.
The Civic Society has some experience at attending Licensing Committee Hearings and can share views and advice with concerned residents.
If a licence is granted and problems subsequently occur, licensing authorities can be asked to review the licence with a view to revoking it or imposing conditions. This can be tricky. For instance, if late-night loud music is disturbing residents, or there is regular late night disturbance at licensed premises, the council will need details and some evidence. Any issues or complaints can be reported by email to licensing@stalbans.gov.uk. The team will need an outline of the matter and should issue a reference number.
As the primary authority on licensing, SADC will generally take the lead when concerns are raised, for example by looking into reports of loud music or underage sales of alcohol at pubs and clubs. Where issues are more complex, for example if there are wider environmental health concerns or other areas of licensing such as street trading are involved, the licensing team can provide guidance.
The Home Office has published a factsheet for residents covering what to do if licensed premises are causing problems.
Separately, Hertfordshire Constabulary has a Senior Licensing Officer for the St Albans district. Whereas the SADC team’s focus is on licensed premises, the police have a wider sweep, for instance covering drink-related anti-social behaviour on the streets. The police and SADC Licensing will liaise and work together to deal with issues as needed, for example if licensed premises are reported to be a hotspot for criminal activity such as drug-taking, drug supply, or sexual offences. You can report police matters direct; flag issues by email to Herts Connected on alert@neighbourhoodalert.co.uk; or you can simply sign up for alerts on Herts Connected and use the website to pass on details.
Businesses providing alcohol and entertainment are generally keen to work together with the local authority and the police to ensure they are operating within the conditions of their licence. Information from the public is welcomed because it helps when carrying out the relevant checks, enabling any nuisance to be dealt with and ensuring that everyone is able to enjoy a safe evening out.