Comments by Save Stockbridge appear in italics. To see these extracts in context and for the avoidance of doubt please refer to the full statement which can be seen at http://www.edinburgh.gov.uk/downloads/download/760/licensing_board_policy_november_2013
The Board’s policy at 7.1 makes it clear that the Academicals commercial need for these licenced premises to fund sporting activities is not relevant to licencing policy.
3.2 “ The Board will expect individual applicants to address the five licensing objectives in their operating plan. It will expect the plan to have regard to the nature of the area where the premises are situated, the type of premises, the activities to be provided, the arrangements made in respect of children on the premises, operational procedures and the concerns of the local community.
The Board will expect the plan to demonstrate how it is intended that the premises will be good neighbours to residents and to other venues and businesses.”
“To supplement the information given in the plan the Board will ask applicants to supply a statement in writing detailing how the applicant will promote the objectives”.
8.2 When considering whether any licence should be granted, the Board will assess the likelihood of the grant having an adverse impact. The Board will take into account relevant matters including :
- the nature of the premises, activities to be carried on and whether amplified music will be played
- the potential number and profile of the customers likely to attend the premises
- the proposed hours of operation
- whether children are to be admitted to the premises and the arrangements made for them
- the means of access to the premises including the location and adequacy of customer entrances and exits
- the level of public transport accessibility for customers either arriving or leaving the premises and the likely means of public or private transportthat will be used by them
- the likely level of car parking demand on principal roads and surrounding residential streets in comparison with the existing situation, its effect on local residents and on residential parking and emergency access
- the provision of toilet facilities and ventilation of the premises.
Large Premises
9.4 In furtherance of its already established approach to overprovision, the Board acknowledges that public nuisance and overall levels of disturbance arising from the density of licensed premises in a locality are likely to be increased, where particular premises are of a size enabling a very large number of patrons to be inside at one time. The Board has a particular concern about large drinking establishments, which are used primarily for the sale and consumption of alcohol and provide little or no seating for patrons. The Board defines these premises as those with a capacity for 200 or more patrons, whether seated or standing at any particular time.
9.5 The Board would be concerned if evidence was presented in connection with a large premises of the following matters :
- noise and disturbance on the streets on several nights during the week and particularly at weekends
- high levels of bad behaviour in public places, particularly at night, with much of it being associated with excessive drinking of alcohol
- high numbers of pedestrians on the pavements which spill on to the roads
- high volumes of litter associated with fast food outlets
- fouling of doorways, alleys and private gardens and courts by urination and vomiting
- difficulty in providing and maintaining adequate street cleaning and refuse collection services
- traffic congestion caused by dropping off and picking up people at licensed premises
- long queues and long waiting times at taxi ranks which contribute tonuisance disorder and occasionally crimes of violence
- the views of a significant proportion of the public who avoid areas in the vicinity of large premises because of the fear of crime and disorder.
10.1 Reference is made to the provisions of paragraph 9 above, which relate to overprovision. The occupancy capacity of premises is an important factor in the assessment of overprovision.
Off Sales
9.6 The Board is concerned at the high number of existing off-sales premises and intends to examine any applications for more such licences to assure itself that the application will not undermine the licensing objectives.
17.1 Applicants for licences for premises which are to be used for the sale of alcohol for consumption off the premises will be expected to address the five licensing objectives in their operating plan.
Outside Areas
19.3 When applicants propose to provide outside seating, tables or other facilities in any outdoor area, whether covered or not, they will be expected to ensure that the use of such areas will not cause disturbance or nuisance to the occupiers of other premises in the vicinity.
Hours of Trading
20.11 Restricted licensing hours may be appropriate in cases where licensed premises are situated in the vicinity of residential property or where the trading hours of the premises and competing businesses are likely to lead to undue pressure on public transport systems or additional public nuisance, disorder or anti social behaviour and where licensed premises include external areas. Where the whole circumstances of particular premises dictate, including promotion of the licensing objectives, the Board will consider restricting the opening hours so that an earlier terminal hour will apply. The Board may impose different restrictions on hours for different licensable activities and for different days of the week.
FIVE OBJECTIVES
1. Preventing Crime and Disorder
26.1 The City of Edinburgh Council together with other agencies supports a strategy aimed at making the city a safe place to live in and visit. The Board is committed to further improving the quality of life for the people of the city by continuing to adopt policies and to introduce measures designed to increase community safety and to reduce crime, the fear of crime and disorder.
26.4 The applicant should be able to demonstrate that all those factors, which impact on crime and disorder, have been considered. These include:
- underage drinking
- drunkenness on premises
- public drunkenness
- illegal possession and/or use of drugs
- violent behaviour
- anti-social behaviour
- litter
- unauthorised advertising
2. Securing Public Safety (to do with the safe use of the building and probably not relevant to the Accies applications).
3. Preventing Public Nuisance
28.1 The Board believes that licensed premises may have a significantly adverse impact on communities, through public nuisances which arise from their operation. It wishes to maintain and protect the amenity of residents and occupiers of other businesses from the potential consequence of the operation of licensed premises, whilst recognising the valuable cultural, social and business importance that such premises provide.
28.2 The Board will interpret public nuisance in its widest sense and will take it to include such issues as noise, light, odour, litter and anti-social behaviour, where these matters impact on those living, working or otherwise engaged in normal activity in an area.
28.7 When addressing the issue of prevention of public nuisance, the following facts are relevant:
- the location of premises and proximity to residential and other noise sensitive premises, such as hospitals, hospices, care homes and places of worship
- the hours of opening, particularly between 23.00 and 07.00
- the nature of activities to be provided, including whether those activitiesare of a temporary or permanent nature and whether they are to be heldinside or outside premises.
- the design and layout of premises and in particular the presence of noise limiting features and a CCTV system, which complies with currentlegislative requirements
- the occupancy capacity of the premises
- the availability of public transport
- the wind down period between the end of the licensable activities and the closure of the premises
- the last admission time
4. Protecting And Improving Public Health
29.1 The Board recognise the main strategic aim of the Scottish Government’s Alcohol Strategy is to reduce per capita consumption of alcohol. The Board wishes to see premises thriving in the city but this cannot be at the expense of public health and wellbeing.
29.5 The Board is very aware of the risk of harm to children’s health and this will be of paramount consideration when determining applications. Children may be adequately protected from harm by the action taken to protect adults but they also may need special consideration. It is recognised that no policy can anticipate every situation but applicants will be expected to demonstrate that they have given particular care to introduce measures designed to protect children’s health while in or around their premises.
5. Protecting Children from Harm
30.2 The Board wishes to see family friendly premises thriving in the city; it will welcome applications from those who wish to operate a licensed premises which accommodates children. In determining any such application the risk of harm to children will be a paramount consideration for the Board.
30.5 When addressing the issue of protecting children from harm, the applicant must demonstrate that those factors, which may particularly impact on harm to children, have been considered. These factors include whether:
- entertainment or services of an adult or sexual nature are commonly or regularly provided
- members of the current staff at the premises have been convicted for serving alcohol to children or offences against children
- there has been a known association with drug taking, drug dealing or other criminal activity on the premises, and
- the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided there.
