37  Access to Licensed Premises

37.1  The wide range of premises that require licensing means that children can be expected to visit many of these, often on their own, for food and/or entertainment.

37.2  It is hoped that family friendly premises will thrive, but the risk of harm to children remains a paramount consideration when determining applications.

37.3  Whilst the Act allows children access to licensed premises, the Licensing Authority recognises that limitations may have to be considered where it appears necessary to protect children from harm.

37.4  The general relaxation in the Act giving accompanied children greater access to licensed premises is a positive step, aimed at bringing about a social change in family friendly leisure.  Clearly this relaxation places additional responsibilities upon licence holders.  However, it is also recognised that parents and others accompanying children also have responsibilities.

37.5  The Licensing Authority recognises the Local Safeguarding Children’s Board as the responsible authority to advise it on matters relating to the protection of children from harm.    

37.6  Subject to the provisions of paragraph 20 the Licensing Authority will judge the merits of each application before deciding whether to impose conditions limiting the access of children to individual premises.

37.7  The following are examples of premises that will raise concern:

• where entertainment or services of an adult or sexual nature are commonly provided;
• where there have been convictions of members of the current staff at the premises for serving alcohol to minors, or with a reputation for underage drinking;
• where there is a known association with drug taking or dealing;
• where there is a strong element of gambling on the premises (but not, for example, the simple presence of a small number of cash prize gaming machines); and
• where the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided at the premises.

37.8  The Licensing Authority may consider limiting the access of children where it is necessary for the prevention of harm to children. The following conditions may be considered appropriate:

• limitations on the hours when children may be present;
• the exclusion of children under certain ages when particular activities are taking place;
• limitations on the parts of premises to which children might be given access;
• requirements for an accompanying adult;
• full exclusion of people under 18 from the premises or parts of the premises when any licensable activities are taking place.

37.9  No conditions will be imposed requiring that children be admitted to any premises and where no limitation is imposed this will be left to the discretion of the individual licence holder.   

37.10  The Act details a number of offences designed to protect children in licensed premises and the Licensing Authority will work closely with the police to ensure the appropriate enforcement of the law, especially relating to the sale and supply of alcohol to children. 

37.11  The Licensing Authority recommends that where appropriate, applicants familiarise themselves with The Portman Group Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks.  The code seeks to ensure that drinks are packaged and promoted in a socially responsible manner and only to those who are 18 years or older.  The Portman Group is the principal provider of responsible drinking advice in the UK and more information about the Group can be found on their website www.portman-group.org.uk.

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