Licence conditions 'too standard'

Some time ago, when the statutory guidance to local authorities was published, I commented that certain councils would find it hard to break the habits of a lifetime and not impose standard conditions on the new style of premises licence.

Well, the guidance made it very clear that this should not be done, and that any conditions should be 'proportionate to the risks involved at the premises in question. While the guidance may have been read and noted some time ago, the intervening months seems to have taken the edge off the resolve to avoid a list of requirements for all premises.

The lead has come not necessarily direct from the licensing authority, because most of them know about the guidance, but from environmental health and the police, many of whom may not have read it at all. They are churning out standard conditions as part of their written representations on variation applications, in many cases without having seen the premises or assessed the risks for themselves.

They happily admit it in some cases. Their submission may begin with a simple statement that 'in order to avoid crime/ disorder/nuisance/disturbance, the following conditions should be added to the licence...

There then follows a set of conditions concerning such matters as door supervision, plastic glassware, closing doors and windows, clearing up litter (even though this is specifically provided for in other legislation) and joining pubwatch where appropriate.

In one case brought to my attention, so formulaic is the process that the environmental health list of requirements is already covered in the operating schedule! It is clear that they haven't even read it, before making their representations. The other matter of concern is the way the 'requirements are expressed. In essence, the applicant licensee is asked to agree as if the list was an official, legally-binding obligation. Failure to agree would mean a hearing. E-mail your consent and all will be well.

Remember that all these 'requirements will turn into conditions on the licence unless there is some discussion. Breach of any of them, including litter, could render you liable to prosecution and a hefty fine, or the review of your licence.

Of course this procedure works in a great many cases, because the licensees do not know any better. But the licensing authority must have clear evidence that these additional conditions are both proportionate and necessary before agreeing to include them.

Clearly if the applicant consents at the first stage, they are not going to argue. But the aftermath could be serious.