Memorandum by Luminar Leisure Limited
(EVN 02)
We welcome the opportunity to offer comments
on the publication produced titled Twelfth Report of Session 2002-03.
This contained some key points which we would
like to comment upon particularly as the Licensing Act 2003, the
associated Guidance and the implementation by means of The Licensing
Policies produced by each borough was a genuine opportunity to
address certain of the points indicated within the report.
We feel in certain circumstances that this was
a missed opportunity because inter-departmental barriers between
DCMS, The Home Office, the DTI (including OfT) and your own department
have meant that certain big ideas which would have produced results
that would have been immediately noticed and enhanced town centres
were not introduced.
It was absurd that a national policy gave each
borough freedom, beyond the Licensing Principles, to formulate
its own unique Licensing Policy. Had (say) 75% of the policy have
been a National (England and Wales wide) formula allowing local
circumstances to have produced the remainder we would have coherent
strategies able to address and redress difficulties which influence
our villages, towns and cities.
Instead we have policies of certain boroughs
which are only a few pages long countered by those of others which
run to almost 100 pages!
As the largest operator of late night entertainment
venues in the UK (with 240 in England and Wales) all of which
have the benefit of Special Hours Certificates and Public Entertainment
Licences we are well versed to make expert comment and to make
proposals which present tremendous opportunity to protect, promote
and improve the licensed trade in addressing the concerns shown
in the report. Through our involvement in partnership initiatives
Luminar has identified these core examples of best practice which,
in our view, would form the basis of successful licensing in urban
environments.
1. MINIMUM PRICE
CONDITION
There has been debate within both Government
bodies and the industry about the most effective method of tacking
irresponsible drinks promotions. Luminar supports the concept
of a mandatory condition across an area, setting a minimum price
for alcohol drinks. Such a condition removes at a stroke the ability
of individual operators to destabilise the market in a town through
the use of irresponsible discounting. To be most effective, the
condition should be developed in consultation with operators and
police. There needs to be an analysis of local conditions in establishing
the price, through the council who introduces and polices it must
be careful to avoid trade involvement in the actual establishment
of the minimum price.
Whilst this may not be applicable in every licensed
premises or every area it should certainly be considered and applied
to premises in Town and City Centres or areas with a higher density
of licensed premises.
This is a big idea. It will require Governmental
cross department participation to show that this measure is in
place to reduce the impact of drunkeness and alcohol related crime
rather than to reduce competition.
2. DISPERSAL
POLICY
The vast majority of licensed premises are well
run with few problems occurring inside the venue. Most disturbance
and disorder will occur due to a poorly thought out approach to
managing the end of night. Luminar therefore supports the view
that each venue, be it pub, club or bar, should prepare and implement
a dispersal policy. Such a policy would set out the steps the
venue will take at the end of the trading session to minimise
the potential for disorder and disturbance as customers leave
the premises. The policy could include measures to disperse customers
over an extended period and ensure customers leave the venue in
an orderly fashion and without bottles or glasses. The policy
is aimed to reduce impact upon customers from these and other
venues and neighbours, be they business or residential.
3. CAPACITY CONDITION
Luminar believes that a capacity figure should
appear as a mandatory condition on all premises where alcohol
is being sold for consumption on the premises. Without a capacity
figure, operators will be unable to demonstrate that they have
the policies and procedures in place to meet the crime and disorder
and public safety objectives of the Licensing Act 2003. Paragraph
7.34 of The Guidance issued by DCMS deals with safe capacities
and in particular that this can assist "the prevention of
disorder". This is not a requirement everywhere but should
be!
It is recognised that in some town and city
centres there is already an over capacity of customer drinking
spaces. Steps should be taken to correct that to a certain extent
whilst improving customer comfort and control.
Luminar believes it should be established that
25% of the public area should be allocated for seating. (This
area should adhere to the upper end of The Yellow Book recommendation
of between .45 and 1.1 square metres/person in this area). Further
that in order to assist in the reduction of impact of high volume
vertical drinking establishments (HVVDS, as recognised in The
Guidance issued by the DCMS—7.8) there should be either
an increase in The Yellow Book standard for all public standing
areas (club concourse, queuing areas, bar areas and areas for
circulation) or an establishment of a figure at the upper end
of the established tables.
Upon this basis it should be noted that the
agreed capacity figure could be lower than a number set on a fire
certificate (or equivalent). The benefit would be better venues
with wider age range appeal.
4. CUMULATIVE
EFFECT
Luminar supports the view of the Home Office,
DCMS, Association of Chief Police Officers and Local Government
Association that councils consider establishing a special policy
on cumulative effect. Those centres where supply outstrips demand
are prone to excessive discounting and subsequent disorder and
disturbance. Each authority should work with the police and trade
to establish the size of the licensed trade in their area, the
potential number of customers and the police and A&E hot spots.
The council is then best placed to shape the development of the
licensed trade in their area, curtailing development in saturated
areas and promoting expansion where there is spare capacity.
The Guidance issued by DCMS covers this in 3.13
to 3.28. It urges against quotas but suggests special policies
about future premises licences and extending of hours in areas
where the potential for problems occur. Where a saturation zone
has not been established under implementation of The Licensing
Act 2003 it should be considered.
5. PROVISION
OF DANCING
TO BE
RISK ASSESSED
AND TREATED
AS A
SPECIALIST FUNCTION
The provision of music and dancing in a venue
is a specialist function placing additional demands on staff and
management, while providing an enhanced customer experience. Dance
floors may be a potential flashpoint for violence and disorder
and should therefore be properly risk assessed to ensure customer
comfort, provide a safe environment and assist supervision.
Certain premises may consider offering dancing
as an "easy addition". This should not be permitted
as it would most likely lead to public safety concerns. There
needs to be a suitable designated area for this purpose. We would
suggest the establishment of a minimum designated area, say 18%
to 22% of the public area.
The Risk Assessment should include adequate
supervision of dancers, a safe location for the DJ or Band, potential
of special effects and lighting, areas for safe bottle and glass
storage, no drinks or cigarettes on dance floor, noise pollution
etc.
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