Operating schedule notes

An operating schedule is a required for all new applications for premises licences and club premises certificates.

The schedule must include the licensing objectives:

The prevention of crime and disorder
The protection of public Safety
The prevention of nuisance
The protection of Children from harm

When preparing an operating schedule, the following options should be considered and if necessary, would promote the licensing objectives.

What is written will be carefully considered. It will form the basis of the conditions imposed on the licence. Sections 2 - 6 within the Statement of Licensing Policy, will provide a basis for common expectations of the operating schedule.

Not all objectives are appropriate to all premises.

For example, ratios of attendance for seated audiences don’t commonly apply to a public house. The use of two-way radios would not be relevant to licensed premises in rural settings where customer moving patterns are not the same as in town centres.

Do be realistic in what you intend to do.
Consider your neighbours both residential and business.
Maintain a strong track record with the police, the council, trading standards and other enforcement agencies.

It is not intended that the matters dealt with in this guidance are the definitive.

They are mentioned to give an understanding of what to consider in your operating schedule.

Prevention of Crime and Disorder

Door Supervisors

Conditions relating to the provision of door supervisors and security teams may be valuable in:

Preventing the admission and ensuring the departure from the premises of the drunk and disorderly, without causing further disorder
Keeping out excluded individuals (subject to court-imposed bans or bans imposed by the licence holder)
Searching and excluding those suspected of carrying illegal drugs, or carrying offensive weapons
Maintaining orderly queuing outside of venues prone to queuing
Door supervisors also have a role to play in ensuring public safety

Things you may include on the operating schedule:

Door staff will be correctly registered with the Security Industry Authority (SIA). They will display the correct name badge and proof of registration.
Will be subject to ongoing training
Will be used at a ratio to be agreed by the police and council
Will wear clothing that can be easily and clearly identifiable on CCTV

CCTV

The presence of CCTV cameras can deter and detecting crime at and outside licensed premises. Conditions should consider a requirement to have CCTV on the premises. If required, the location of each camera, maintaining them, and securely storing recordings.

The police may advise on the use of CCTV to individuals conducting risk assessments when preparing operating schedules to prevent crime. Items that could be included on the schedule could be:

CCTV will be installed and working to the satisfaction of the police and the council
Recordings will be maintained for an appropriate period (generally one month - but to be agreed with police and council)
If the CCTV equipment is inoperative, the police and council to be informed as soon as possible and immediate steps taken to put the equipment back into action
Notices to be displayed at the entrance to the premises advising that CCTV is in operation

Bottles and Glasses

Glass bottles may be used as weapons inflicting more serious harm during incidents of disorder. Drink glasses may be used as weapons, and untoughened form can cause very serious injuries. Consideration should be given to prevent this, including:

Alcoholic and soft drinks served in plastic or toughened glasses
All bottles (other than those where it is not intended that the contents are consumed direct from the bottle) will be made of plastic
If glass bottles are used, the contents will be decanted into plastic or toughened glass
No customers carrying open or sealed bottles or glasses will be admitted to the premises at any time
No customers will be permitted to take open containers or alcoholic or soft drinks from the premises
All bottles and glasses will be removed from public areas as soon as they are finished with or empty

Proof of Age Cards

It is unlawful for children under 18 to attempt to buy alcohol. It is also unlawful to sell or supply alcohol to them.

To prevent this, a policy may be needed for certain licensed premises, to require 'proof of age' to before such sales are made. This should not be limited to 'proof of age' cards, but include other proof, such as photo-driving licences, student cards and passports.

The Secretary of State strongly supports the PASS accreditation system. This aims to approve and accredit various proof of age schemes that are in existence. Ensuring high standards of integrity and security are maintained.

Where appropriate and necessary, conditions may refer directly to PASS accredited proof of age cards, photo-driving licences, and passports.

Kent Trading Standards may provide further advice.

Capacity Limits

Although most made a condition of a licence on public safety grounds, you should consider conditions of capacity limits for licensed premises or clubs. This may be necessary to prevent overcrowding which can lead to disorder and violence. Where such a condition is necessary, consideration should also be given whether door supervisors are needed to ensure that the numbers are appropriately controlled.

It is recommended you liaise with us and the police and fire authority. Particular attention should be paid to the advice contained in paragraphs 2.6 - 2.8 of the Statement of Licensing Policy issued by the council that clearly states the factors that need to be considered in this regard. You should also consider advice given in this leaflet under public safety.

Text/Radio Pagers

Text and radio pagers connecting premises licence holders, designated premises supervisors, managers of premises and clubs to the local police provide rapid response by the police to situations of disorder, which may be endangering customers and staff.

It is advised that membership of the 'G-safe' scheme is taken up if within Gravesend town centre. Further details of this are available from the Community Safety team via phoning 01474 33 72 58

Signage

It may be necessary for the normal hours under the terms of the premises licence or club premises certificate to be displayed on or immediately outside the premises. This is so it is clear if breaches of the terms of the licence or certificate are taking place.

It may be necessary for any restrictions on the admission of children to be displayed on or immediately outside the premises. This is so the consequences would be clear and to deter those who might seek admission in breach of these conditions.

General

Other conditions that may be considered could be:

A policy to be in force for the management of large groups i.e. hen and stag parties. The group to be required to nominate a responsible person to liaise with staff.
A secure area for customer's personal belongings to be made available
An incident book to be kept and details of all instances of public disorder to be recorded

Public Safety

In certain premises where existing legislation does not provide adequate safety of the public, to meet the Licensing Objectives, example conditions that you could incorporate into your schedule as applicable are detailed below.

It is important to note that these are not exhaustive, and special consideration on top of these suggested conditions should be made in respect of different types of premises.

For example, premises used for closely seated audiences, indoor sports entertainments, film and late-night refreshment premises. All of these could require additional conditions and if in doubt you are best to consult the council for advice.

Example conditions for:

Disabled People

When disabled people are present, adequate arrangements to exist to enable their safe evacuation in the event of an emergency
Disabled people on the premises to be made aware of these arrangements

First Aid

Adequate and appropriate supply of first aid equipment and materials to be available on the premises

At least one suitable trained first-aider to be on duty when the public are present
The first-aider to be trained to deal with drug and alcohol related problems
If more than one first-aider is present, their respective duties will be clearly defined

Fire Safety

All exit doors will be easy to open without the use of a key, card, code, or similar means and will be available for egress while the public are on the premises
Means of escape will be maintained unobstructed, immediately available, and clearly identifiable
Exit doors will be regularly checked to ensure they function satisfactorily. Records of these checks will be kept and produced on request
Any removable security fastenings will be removed whenever the premises are open to the public or staff
All fire doors will be maintained effectively self-closing and shall not be held open other than by approved devices
Fire resisting doors to service shafts, ducts and cupboards will be kept locked shut
Step and stair edges will be highlighted to be conspicuous
All gangways, exit ways and treads of steps or stairways will be maintained with non-slippery and even surfaces
All floor coverings will be secured and maintained so that they will not ruck. Mats will be fitted into mat-wells to be flush with the floor surface
Hangings, curtains and temporary decorations will be maintained in a flame-retardant conditions
Upholstered seating will be fire retardant and compliant with current fire safety regulations
Curtains, hangings, and temporary decorations will not obstruct exits, fire safety signs or fire-fighting equipment
Notices detailing the actions to be taken in the event of fire or other emergency will be prominently displayed and maintained in good condition
Access will be provided for emergency vehicles and this access will be kept clear and free from obstruction
Fire drill and emergency lighting tests will be conducted monthly. Records of these tests will be made available to the council upon request
All fire exits and means of escape will be signed in accordance with BS5499
An evacuation policy will be in place that is to the satisfaction of the fire authority. All staff members will be trained in the evacuation policy
The fire brigade will be called to any outbreak of fire, however slight. This will also be entered into the incident book
Wall and ceiling finishes will be fire-resistant
Exit doors will open outwards (or will be secured in the open position)

Lighting

In the absence of adequate daylight, the lighting in any area accessible to the public will be fully operational
Fire safety signs will be adequately illuminated
Emergency lighting will not be altered
Emergency lighting batteries will be fully charged before the admission of the public
Emergency lighting tests will be conducted monthly. Records of these tests will be made available to the council upon request.

Safety Certificates

The provision of certain documentation will assist in showing how you intend to meet the public safety licensing objective; you could therefore propose to supply the council with some of the certificates listed below:

A satisfactory NICEIC or ECA periodic electrical report to be supplied annually
A satisfactory NICEIC or ECA periodic emergency lighting report to be supplied annually
A CORGI certificate of inspection in respect of any gas boiler, calorifier or appliance to be supplied annually
An OFTEC certificate in respect of any oil-fired boiler or appliance to be supplied annually
If there are suspended ceilings at the premises, a certificate to be obtained from a suitably qualified professional and supplied to the council every five years
A satisfactory certificate on inspection for portable firefighting equipment to be supplied annually
A satisfactory certificate for any fire detection alarm to be supplied annually
Any temporary electrical installation would require a temporary electrical installation report. To be completed by a NICEIC or ECA electrician or a certificate of compliance with BS7909

Alterations to the Premises

Premises should not be altered in such a way as to make it impossible to comply with an existing licence condition without first seeking a variation of the premises licence. The variation should propose the deletion of any condition relating to public safety.

It would be necessary to propose in a new operating schedule, reflecting the proposed alteration to the premises, alternative steps to promote the public safety objective.

The application would enable responsible authorities with expertise in safety matters to consider whether the proposal is acceptable.

Capacity Limits

The need to establish maximum occupancy capacity in accordance with a risk assessment is clearly set out within the Statement of Licensing Policy.

There will be an expectation that this issue will be fully addressed in all operating schedules. You should therefore ensure that:

arrangements are made to ensure that any capacity limit imposed is not exceeded
the licence holder. a club official, manager or designated premises supervisor should be aware of the number of people on the premises and be able to inform any authorised person on request

General example measures to promote the objective of Public Safety

It is suggested that the use of any special effects or mechanical installation would be arranged and stored to minimise any risk to the safety of the audience, performers and staff.

Such special effects or mechanical installation would only be used once prior notification has been made to the council and fire authority. These include; dry ice machines and cryogenic fog, smoke machines and fog generators, pyrotechnics, including fireworks, real flame, firearms, motor vehicles, strobe lighting, lasers, explosives and highly flammable substances.

Other examples of measures which promote the objective of public safety include the following:

Free drinking water to be made available at all times that the premises are open to the public
A chill out area to the satisfaction of the police and council to be provided. This will be cooler and quieter than the dance areas
A dedicated phone line to a local taxi firm be provided, and a policy be in place of escorting all patrons from the premises to a licensed taxi or private hire vehicle
A constant and accurate record to be maintained of the number of patrons within the premises and that the records be made available upon request
Searching as a condition of entry to be always considered and to be mandatory if directed by police

The Prevention of Public Nuisance

The provision of the Environmental Protection Act 1990 provides some protection to the public from the effects of noise nuisance.

Further, the provision in Part 8 of the Licensing Act 2003 enables a senior police officer to close down instantly for up to 24 hours, any licensed premises or premises carrying on temporary permitted activities that are causing nuisance resulting from noise from the premises.

These matters should be considered before deciding what is necessary for the prevention of public nuisance. Careful attention to Section 5 of the Statement of Licensing Policy gives comprehensive advice on the issues that need to be tackled to ensure that you will not cause public nuisance.

You could consider including some of the following within your schedule:

Doors and windows to be kept closed whenever necessary
Fitting devices to doors and windows so that in the event they are opened the amplifies sound is cut off.
Noise limiters fitted to all amplification equipment to be used
For the final hour of opening any music to be discernibly quieter
Prominent, clear, and legible notices to be displayed at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly
Ensure that any taxis taking patrons from the premises do not sound their horns to announce their arrival after a certain time
The playing of live or recorded music in garden areas of a premises to cease after a time to be agreed with the council
The use of external garden areas to cease after a time to be agreed with the council
The placing of bottles into receptacles outside the premises to take place at times that will minimise disturbance to residents in the neighbourhood
Any queues outside the premises to be monitored by a member of staff to ensure the minimum of disturbance to nearby residents.
No flashing or bright lights on or outside the licensed premises that would cause a nuisance too nearby property
Nearby streets to be monitored after 11pm to ensure that patrons are not littering the streets and/or residents’ property or causing a nuisance to residents

Protection of Children from Harm

Section 6 of Gravesham Borough Council's Statement of Licensing Policy quite clearly sets out the issues that should be tackled regarding the protection children from harm when writing an operating schedule. Subject to the premises licence holder's licence or club's discretion, the expectation would be for unrestricted access for children subject to the terms of the 2003 Act.

Applications in relation to premises licences and club premises certificates will be judged on their individual merits and characteristics. The Secretary of State also recommends (unless there are circumstances justifying the contrary) that:

for any premises with known association (having been presented with evidence) with or likely to see heavy or binge drinking, drugs, significant gambling, or any adult or sexual activity or entertainment (whether regulated entertainment or not), there should be a strong presumption against permitting access at all for persons under 18 years.
for any premises, not serving alcohol for consumption on the premises, but where the public are allowed on the premises after 11.00pm in the evening, there should be a presumption against the presence of children under the age of 12 unaccompanied by adults after that time

When preparing operating schedules applicants should therefore have mind of the above and explain their reasons and outline in detail the steps they intend to take to protect children from harm if they wish to go against the advice of the Secretary of State

Example measures to meet the licensing objective of Protection of Children from Harm could therefore be some of the following:

The hours of the day during which age restrictions will and will not apply to be detailed
A proof of age policy to be agreed by the police and the council
If children are allowed on the premises, a 'no smoking' area of such a size and design that it genuinely provides a suitable, comfortable area for children and families wishing to be separated from smoking to be available
No person under 18 to be permitted to enter the premises whilst entertainment of an adult nature is taking place
Challenge 21 policy - to challenge anyone who appears to be 21 and request proof that they are legally able to purchase alcohol
Refusals register to be used
All staff to be adequately trained in the requirements of the Licensing Acct 2003 and to be fully conversant with their legal obligations

For further advice on any matter relating to the Licensing Act 2003 please contact the Licensing Team. You can do this in writing to the Council or by phoning 01474 337183 or email licensing.changes@gravesham.gov.uk