36  Local Amenity

36.1  The Licensing Authority is concerned to protect the amenity of residents and businesses in the vicinity of licensed premises.

36.2  Licensed premises have a significant potential to adversely impact on communities through public nuisances that arise from their operation.  The Licensing Authority intends to maintain and protect the amenity of residents and other businesses from the potential adverse consequences of the operation of licensed premises whilst recognising the valuable cultural, social and business importance that such premises provide.

36.3  In considering an application for a Premises Licence/Club Premises Certificate, the Licensing Authority will consider the adequacy of measures proposed to deal with the potential for nuisance and/or anti-social behaviour having regard to the circumstances of the application. 

36.4  The Licensing Authority will consider in particular:

• the proximity of noise sensitive residential and commercial premises;
• the steps taken or proposed to be taken by the applicant to prevent noise and vibration escaping from the premises, including music, noise and smells from ventilation equipment, and human voices.  Such measures may include the installation of soundproofing, air conditioning, acoustic lobbies and sound limitation devices;
• the steps taken or proposed to be taken by the applicant to prevent disturbance by customers arriving at or leaving the premises;
• the steps taken or proposed to be taken by the applicant to prevent queuing (either by pedestrian or vehicular traffic).  If some queuing is inevitable, then queues should be diverted away from neighbouring premises or be otherwise managed to prevent disturbance or obstruction;
• whether there is sufficient provision of public transport (including taxis and private hire vehicles) for patrons;
• the installation of any special measures where licensed premises are, or are proposed to be, located near sensitive premises such as nursing homes, hospitals, hospices or places of worship;
• the requirement of any interested party for a quieter Sunday evening and night;
• the use of gardens and other open-air areas;
• the position or proposed position of external lighting, including security lighting that is installed inappropriately;
• whether the premises would lead to increased refuse storage or disposal problems, or additional litter (including fly posters and illegal placards) in the vicinity;
• The steps taken or proposed by the applicant with particular regard to the recycling of glasses, bottles and cans from their premises.

36.5  In certain areas the increased concentration of entertainment uses and longer hours may affect local residents.  Commercial occupiers of premises have a legitimate expectation of an environment that is attractive and sustainable for their businesses.

36.6  The role of the Licensing Authority is to maintain an appropriate balance between the legitimate aspirations of the entertainment industry and the needs of the residents. The Licensing Authority will need to satisfy itself that adequate measures are in place to prevent public nuisance.

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