Community Services Licensing Act 2003
Guidance for Applications for Premises Licences under the Licensing Act 2003
The Royal Borough of Kingston acknowledges that the Children and Family Services Division is the Responsible Authority for the protection of children from harm.
“The protection of children from harm is one of the four licensing objectives that underpin the Licensing Act 2003 ("the Act"). It remains a significant Government priority… The new licensing regime has been designed, in part, to close the loopholes and inadequacies of current law in relation to children, while allowing under 18s to experience the atmosphere of licensed premises in a family friendly, safe environment…taken from the DCMS WEB site.
A Responsible Authority can make representations about Premise Licence Applications on the grounds of any one or more of the 4 ‘Licensing Objectives’. The one that is most relevant is that relating to the ‘Protection of Children from Harm’. Any representations we make will be to aspects of the application in this area, and we will make suggestions for conditions, which we would like to see, attached to the licence. The representations will be discussed with the licence applicant with the Licensing officer and ourselves and a solution negotiated. If no solution is agreed then a licensing committee hearing will be required.
Blanket conditions cannot be applied and each individual premises must be considered specifically, on its own merits.
The provisions of the Act mean that:
- Young people over 16 (and under 18) can go into licensed premises at the licence holder’s discretion but cannot consume or buy alcohol (except the table meal exemption at Section 150).
- A child under 16 can go into licensed premises at the licence holder’s discretion. However, if the premises is licensed primarily or exclusively for the supply of alcohol for consumption on the premises (i.e. clubs. bars, pubs) then the child must be accompanied by an adult.
- A child under 16 can go into licensed premises where the premises are licensed, but not primarily or exclusively for the supply of alcohol for consumption on the premises (i.e. restaurants etc), and s/he only needs to be accompanied by an adult if there is a supply of alcohol taking place and it is between 12 midnight – 5am.
- Young people under 18 cannot be supplied with alcohol unless they are 16 or 17 and are accompanied by an adult at a table meal and an adult is purchasing either beer, wine, or cider for consumption with the table meal.
It must also be noted that the Licensing Authority cannot require a premises to admit children (e.g. it cannot require a restaurant to admit children).
The prohibitions on children’s access to the premises only apply whilst the premises is open for the purpose of being used for the supply of alcohol for consumption there.
Example of the Risk Factors & Potential Control Measures
| Risk Potential | Control Measures |
|---|---|
| Any entertainment or services (regulated or otherwise) that are of an adult or sexual nature | People under 18 not admitted or taking part in the entertainment / services (including staff). Measures for ensuring non-admission such as door supervision, age checks (including staff).Sufficient screening of the relevant entertainment / services from view of those under 18 (including staff) e.g. smoked windows, doors closed.Clear signage that entertainment / services are occurring which are not suitable for under 18s.Specific measures agreed as regard the specific type of entertainment (eg lapdacing clubs). |
| Entertainment or services include strong and offensive language. | People under 18 not admitted (including staff).People under 18 not within hearing distance. Sound proofing may be required.Measure for ensuring non-admission such as door supervision, age checks (including staff).Clear signage that entertainment / services are occurring which are not suitable for under 18s. |
| Convictions for underage sales of alcohol. | People under 18 not admitted (including staff).Evidence of suitable staff training and age identification scheme in place and followed.Signs provided informing customers that sales will not be made to under 18s and that age identification may be required. |
| Reputation for underage drinking | People under 18 not admitted (including staff).Evidence of suitable staff training and age identification scheme in place and followed.Signs provided informing customers that sales will not be made to under 18s and that age identification may be required.Tighter restrictions on admission of under 18s. |
| Known association with drug taking or dealing | People under 18 not admitted (including staff). |
| Strong element of gambling on the premises. | People under 18 not admitted (including staff).Measures to screen the gambling activity off from children. |
| Children in performances. | Suitability and number of supervisors including care of children as they move from stage to dressing room etc. and to ensure that all children can be accounted for in case of an evacuation or an emergency.Suitability of the venue, for example, to ensure it can accommodate safely the numbers of children intended.Fire safety, for example, that all chaperones and crew receive instruction on the fire procedures applicable to the venue prior to the arrival of the children.Special effects, as some may be in appropriate and may trigger adverse reactions in children, particularly eg flashing lights, dry ice, smoke etc.Note. See The Children (Performances) Regulations 1968 as amended, but do not duplicate provisions. |
| Entertainment aimed at children | Suitability and number of supervisors Measures to ensure that seating / standing arrangements for children are suitable. |
| Concerns regarding admitting children to films which have been classified as beyond suitability for childrens’ age. | Staff training and age-identification procedures.Signage to explain that children will not be admitted to film showings which are not suitable for their age group, and that adults should not purchase tickets on children’s behalf in this respect. |
| Previous known concerns about danger to children at the premises | Measures to counter these specific dangers. |
| Child-orientated premises located close to adult-orientated premises. | Identification of any risks and control measures in place |
| History of lack of suitability of age-identification procedures used on the premises. | People under 18 not admitted.Evidence of suitable staff training and age identification scheme in place and followed.Signs provided informing customers that sales will not be made to under 18s and that age identification to be required. |
| Potential concerns regarding proposed staff: customer and/or staff | Children ratios.Measures to address these concerns |
| Potential concerns regarding qualifications of staff employed to look after children | Potential requirement for police checks for specific staff.Evidence of suitable training / experience. |
| Risk of children visiting the premises unaccompanied | Evidence of training and procedures to deal with such situations where they are deemed to be of potential harm to children. |
| Likelihood of premises attracting extremes of age groups. | Assessment of potential risks and control measures in place. |
| Close proximity of premises to ‘child-sensitive’ properties. | An assessment of potential risks and control measures in place |
| There is a risk of physical, moral or psychological harm to children | Assessment of potential risks and control measures in place |