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  • Licensing Services
  • Address:

    9-10 Bath Street, Bath BA1 1SN

  • E-mail:
    licensing@bathnes.gov.uk
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  • Page Updated:
    08/01/2008
  • Author:
    Lorna McCardle
A to Z Index

Licensing Act 2003

Statement of Licensing Policy

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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