23 Operating Schedules
23.1 Applicants for Premises Licences, Provisional
Statements and Club Premises Certificates should be aware of the
guidance issued by the Licensing Authority in relation to Operating
Schedules when submitting their applications.
23.2 The Licensing Authority considers the effective
and responsible management of the premises, including instruction,
training, and supervision of staff and the adoption of best
practice to be amongst the most essential control measures for the
achievement of all the licensing objectives. For this reason,
the Licensing Authority recommends that these elements
should be specifically considered and addressed within an
applicant’s Operating Schedule.
23.3 The selection of control measures should be
based upon a risk assessment of the premises, plus the events,
activities and customers expected to attend (e.g. their age, number
etc.). Whilst the Licensing Authority cannot require such risk
assessments to be documented (other than where required by other
legislation), it considers such documentation to be good practice
and a useful tool in the management of the premises.
23.4 The operating schedule should be prepared by or
on behalf of the applicant, in relation to the premises for which a
licence is being sought, taking into account the individual style
and characteristics of the premises/events.
23.5 The Operating Schedule must include the
following:
a. details of the relevant licensable activities to
be conducted on the premises;
b. the times during which it is proposed that the
relevant licensable activities are to take place (including any
specific non standard timings or seasonal variations);
c. any other times when the premises are to be open
to the public;
d. where the licence is required only for a limited
period, that period;
e. where the licensable activities include the supply
of alcohol, the name and address of the individual to be specified
as the Designated Premises Supervisor;
f. where the licensable activities include the supply
of alcohol, whether the alcohol will be supplied for consumption
on or off the premises, or both;
g. the steps which the applicant proposes to take to
promote the licensing objectives such as the provision of street
marshals etc.
h. any other prescribed matters.
23.6 The Guidance produced by the Secretary of State
under Section 182 of the Act recommends that Applicants should be
aware of the expectations of the Licensing Authority regarding the
steps that are necessary for the promotion of the licensing
objectives. The following information is provided by way of
guidance only in order to assist applicants in the preparation of
their Operating Schedules. Such steps should be both
realistic and within the control of the applicant/management of the
premises.
23.7 The Licensing Authority is committed to the
prevention of crime and disorder.
23.8 To this end, applicants will be expected to
demonstrate in their operating schedules that suitable and
sufficient measures have been identified and will be implemented
and maintained to ensure the prevention/reduction of crime and
disorder relevant to the individual style and characteristics of
their premises and events.
23.9 When addressing the issue of crime and disorder,
an applicant should demonstrate that the factors that impact on
crime and disorder have been considered, for example:
- adoption of best practice guidance (e.g. ‘Safer Clubbing’, the
’National Harm Reduction Strategy Toolkit’, ‘Security in Design’,
and ‘Drugs and Pubs’);
- acceptance of proof of age cards e.g. PASS or locally approved
schemes;
- provision of effective CCTV in and around the premises and the
availability to the Licensing Authority/Police for the purposes of
enforcement of any recordings made;
- employment of Security Industry Authority (SIA) staff;
- provision of toughened or plastic drinking vessels;
- provision of secure deposit boxes for confiscated items such as
drugs;
- provision/maintenance of litter bins;
- the use of banning procedures where appropriate.
23.10 The Licensing Authority is committed to
ensuring that the safety of any person visiting or working in
licensed premises is not compromised.
23.11 To this end, applicants will be expected to
demonstrate in their Operating Schedules that suitable and
sufficient measures have been identified and will be implemented
and maintained to ensure public safety relevant to the individual
style and characteristics of their premises and events.
23.12 When addressing the issue of public safety, an
applicant should demonstrate that the factors that impact on the
standards of public safety have been considered.
These may include:
- the occupancy capacity of the premises
- the age, design and layout of the premises, including means of
escape
- the nature of the licensable activities that are provided
- customer profile.
23.13 The following examples of control
measures are given to assist applicants who may need to take
account of them in their Operating Schedules:
- whether any risk assessment, management procedures and
certificates relating to fire safety, public health and safety, and
any other technical risk assessments are required/have been made
available;
- whether the premises have/require a licence specifying the
maximum number of people that can attend it or be present;
- whether there are procedures proposed to record and limit the
number of people on the premises;
- whether patrons can travel safely to and from the
premises;
- whether music and dance venues, and performance venues will use
equipment or effects which may impact on public safety (e.g. strobe
lights, smoke machines etc);
- whether in applying for music and dance venues due account has
been given to the measures outlined in ‘Safer Clubbing’.
23.14 Applicants will be expected to demonstrate in
their Operating Schedules that suitable and sufficient measures
have been identified and will be implemented and maintained to
prevent public nuisance, relevant to the individual style and
characteristics of their premises and events.
23.15 When addressing the issue of prevention of
public nuisance, the applicant should be able to demonstrate that
those factors which impact on the likelihood of public nuisance
have been considered. These may include:
- Whether Operating Schedules contain adequate measures to
prevent noise, smells and vibration generated from within the
premises or outside it causing disturbance to people in the
surrounding area.
- Whether applicants include measures in the Operating Schedule
that make adequate provision to:
a) restrict the
generation of noise and smell;
b) limit the
escape of noise and smell;
c) minimise and
control noise from customers arriving at the premises, outside
it and departing from it.
- In relation to eating and drinking outside the premises,
consideration is given to:
a) whether the
premises are under or near to residential accommodation;
b) whether the
sales consist of open containers or drinking vessels;
c) whether there
are measures in place to collect drinking vessels;
d) the areas
proposed for the consumption of food and drink;
e) whether there
is a need for door supervisors.
f) whether
it is proposed to use toughened glass or plastic drinking
vessels.
g) the provision
of suitable ashtrays and/or bins for people smoking outside
premises.
23.16 The Operating Schedule should also
consider other public nuisance issues including litter, street
fouling, light pollution, queuing and the use of CCTV, door
supervisors and/or street marshals.
23.17 Applicants will be expected to demonstrate in their
Operating Schedules that suitable and sufficient measures have been
identified and will be implemented and maintained to protect
children from harm, relevant to the individual style and
characteristics of their premises and events.
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