Guidance for License Holders - Safeguarding Children on Licensed Premises

Stockton on Tees Borough Council will on receipt of an application consider the issues detailed below. It would therefore be good practice for licensees to take these into account and comment accordingly when submitting an application.

Alcohol

Age

Provisions should be in place to see that alcohol is not served to, nor purchased on behalf of, underage young people. This should include use of an identification scheme, which involves specific documentation or photographic evidence from a passport or driving license.

Advertising

Applicants are commended to consider the Code of Practice of the Naming, Package and Promotion of Alcoholic Drinks operated by the Portman Group. The code addresses issues about marketing alcohol in a manner, which may appeal to or attract young people. Applicants should also give consideration to their soft drink pricing so as not to discourage consumption of soft drinks by young people.

Community Drugs

As well as the issues about the sale of alcohol to young people the sale of and use of drugs on licensed premises is also a child protection concern. In this respect it should be commended that public houses and clubs are involved with national or local 'Pubwatch' schemes.

Noise

Managers of licensed premises or clubs that are situated in residential areas need to be aware that children and young people living near those premises may be disturbed by any excessive noise, including that made by customers leaving premises late at night. This should be addressed through verbal advice and written notices to customers or members.

Environments

Where licensed premises or clubs are in close proximity to schools, nurseries, or other children's provisions, then there needs to be an awareness of issues of alcohol use and adult entertainment especially during the day and in garden or outside areas.

Awareness of what to do if the premises are being used as a 'hang out' for young people particularly late at night or when children should be in an educational setting.

Premises

Entertainment

All provisions must be in place for the protection of children from adult entertainment, including from the showing of films with inappropriate classifications, films considered unsuitable for children by the local council or where there is a strong element of gambling on the premises.

Child entertainment

Where an event takes place on licensed premises which is directly aimed at children, such as a children's show or pantomime, then consideration must be given to the number of adults required to be present, and the responsibility of those adults, to see that children are safe and protected from harm.

Accommodation

If the licensed premises include residential accommodation then consideration must be given as to how any residential provision for children is separated out from business premises.

Child-minding

If children are living on the premises then adequate minding arrangements must be in place whilst their parents/carers are working. Working bar staff cannot mind children living in separate accommodation nor care for children within the licensed areas.

Restrictions

Where the Licensing Authority has placed specific restriction on a license relating to children then any breach of those restrictions coming to the attention of the Borough Council will be referred immediately to the Licensing Authority.

Smoking

The effect of a smoking environment on children is a serious issue of harm and consideration must be given to having an area free from smoke on premises where children may be present. As it is illegal to sell cigarettes to children under the age of 16, any cigarette machines must be monitored at all time to ensure that children are not purchasing from these machines.

People

Age of staff

No staff under the age of 18 years is to be employed on the premises where adult entertainment takes place.

Criminal Records

Any staff working on licensed premises who may have specific access to children through the nature of their employment (supervised play areas, children's theatre or entertainment) must have appropriate Disclosure and Barring Service (DBS)checks.

Entertainers

Any external children's entertainers who are contracted to work on licensed premises should produce a personal and recent DBS check or 'subject access' document from the Police.

Principles

The individuals who are applying for variations to their premises license, personal license or club premises certificates will forward all applications for new or varied premises licenses to SBC Childrens Services.

The receipt of application will be notified to the relevant Licensing Authority within 48 hours. If any representation is to be made by SBC Children's Services to an individual license application then this will also be done within 28 day of its receipt.

If, after notifying the Licensing Authority that an application has been received, no representations are made by SBC Children's Services within 28 days of receipt, then it should be deemed that no representation are being made.

If a Licensing Authority, the Police or Trading Standards have any particular concerns about an individual license in respect of a child protection matter then this should be specifically drawn to the attention of SBC Children's Services.

SBC Children's Services will work closely with the Police and Trading Standards to ensure that any information, which may relate to the safety of children at the establishments, is shared between the agencies. This will enable a thorough consideration of the issues under the 'protection of children from harm' objective. Issues, which may be raised by other services, include:

• premises having a reputation for under-age drinking
• premises with a known association with drug taking or dealing
• children are present and there is a strong element of gambling on the premises
• young people being present when entertainment of a sexual or other adult nature is provided on the premises
• premises where children are regularly present when they would normally be expected to be in full-time education
• excessive noise at night outside licensed premises in residential areas
• children living in licensed premises but being inadequately supervised
• known concerns of a child protection nature about an applicant for a personal license, or for staff working in licensed premises where children may be present (each application will be checked against the SBC Children's Services database)

The Licensing Authority will regularly update SBC Children's Services as to the applications they have received. The Licensing Authority will also notify the responsible authority of the progress with the application.