Legal advice: Are you on good form?
AS A nation we are spending an increasing amount of our time filling in forms. Whether it be applying for a new credit card or paying our car tax, there is always paperwork to fill in.
As many publicans will know, to apply for, or to vary a premises licence, requires yet more form filling. While it may be time consuming, it is important to ensure that the necessary forms are filled out correctly to avoid subsequent difficulties. The section which probably causes the most confusion in the operating schedule is the requirement to note the steps you intend to take to promote the four
licensing objectives - the prevention of crime and disorder, public safety, prevention of public nuisance and the protection of children from harm.
Don't be tempted to ignore this section altogether
You may be hoping that the application will slip through unnoticed. Both applications for new premises licences and variations to existing licences have to be sent to the relevant authorities such as the police, fire authorities and environmental health.
The steps you intend to take to promote the licensing objectives is likely to be one of the first sections they consider. By contrast with the
transitional period, the responsible authorities now have more time to consider applications and are less tolerant of sloppy drafting. If you ignore the section you are extremely likely to receive representations.
On the other hand, be careful not to go to the other extreme and throw in everything but the kitchen sink into your application.
Authorities may attach conditions consistent with the operating schedule
When granting a new premises licence or variation, authorities may attach conditions which are consistent with the operating schedule. So, if you state that to prevent crime and disorder you will have "door supervisors on duty at all times", this could be made into a condition on your
premises licence. Would you really want to have door supervisors (and that is plural) starting at 11am on Monday mornings?
Only proffer conditions which you believe are necessary to promote the licensing objectives and are operationally realistic. If you proffer a condition, and then fail to adhere to it, you risk your premises licence being reviewed.
Check the wording of your local council's licensing policy
This should give you an indication of any particular concerns your council has and might suggest some potential conditions.
Be precise in your wording, avoid generic wording
It is very tempting when making multiple applications to draft some generic wording to include in every application. While precedent conditions can save time and ensure consistency, you should exercise caution. One council which took the drafting of "where CCTV is installed, it shall be operational at all times" placed a condition on the premises which stated that, "CCTV should be installed and be operational at all times". It is very doubtful that the pub company or brewery which submitted that application intended to install CCTV in their premises where none was present, but this is what the interpreted generic condition would have forced them to do.
If you are concerned that your operating schedule might be misunderstood, you can include a covering letter which clarifies matters, although it should be made clear that any such reference does not form part of any proposed conditions.
Always check your premises licence when you receive it to ensure mistakes have not been made!
Irritating though the forms under the Act may be, it is far easier to get it right initially rather than having to spend time speaking to your council or having to vary your premises licence further to rectify any mistakes. The good news, of course, is that the new Act has significantly reduced red tape, as was intended by the government.
