Guidance for License Holders - Safeguarding Children on Licensed Premises

Context

The protection of children from harm is a national licensing objective. The term "Children" refers to all babies, children and any young people i.e. from birth till their 18^th birthday. Although the licensing act uses the words "child protection" or "protecting children from harm" it relates to safeguarding children and young people in its widest sense. Likewise it is not only associated with the sale of alcohol to children but the wider dangers such as:

• sexual exploitation
• substance misuse
• witnessing or being victims of perpetrators
• anti-social Behaviour

This guidance is for all staff (paid or unpaid) involved in premises, which have been licensed under The Licensing Act 2003. This includes:

• cinemas
• clubs
• department stores
• festivals,
• hot food takeaway
• off Licenses
• pubs
• restaurants,
• shops 
• sports venues

Many of which, children can walk into without an adult. It will give some basic information about what to do if you are concerned about a child and should be read in conjunction with the Licensing Act 2003.

Safeguarding Children

The Licensing Act 2003 initiated efforts to ensure the provision of a family friendly culture at licensing premises, which Stockton-on-Tees Borough Council (SBC) Children's Services want to support, whilst at the same time working with licensees to safeguard children. This guidance has been produced for licensees and we would be pleased to receive feedback on its content and how we can work together more effectively to achieve better outcomes for children based on increase awareness of our mutual roles.

Government guidance

The Government state that everyone working in an environment where there may be children present should safeguard and promote the well-being of children. To do this all adults must follow the Government Guidance published by the DfES (Department for Education and Skills) What to do if you're worried a child is being abused.

If you have concerns or require advice regarding the welfare of a child please contact the Stockton & Hartlepool Children's Hub:

Telephone 01642 130080 or 01429 284284,

Email: childrenshub@hartlepool.gcsx.gov.uk

or Police: Tel: 101/999.

Training and competence

All owners and or licence holders and their staff should have a basic awareness of safeguarding issues, this includes:

• being alert to the possibility of child abuse and neglect
• having enough knowledge to recognise an abusive or potentially abusive event or set of circumstances
• knowing who to raise concerns with
• being competent in taking the appropriate immediate or emergency action 
• knowing how to make a referral to the Children's Hub (Children's Services) and or the Police.

Please note the licensee is responsible for ensuring that they and their staff are familiar with, and competent in their responsibilities regarding how to safeguard children.

Basic principles

If anyone involved with the licensed premises has concerns about a child's safety and or well-being then they must discuss these with the Children's Services via the Children's Hub or the Police at the earliest opportunity.

This may include concerns about a member of staff or suspicion that an activity taking place on the premises could place children at risk.

In any situation where there is a suspicion of abuse, the welfare needs of the child must come first (Children Act 1989) even where there may be conflict in interest e.g. where the suspected perpetrator may be a customer, client or employee/employer.

Protection for all

All children must be safeguarded from harm and exploitation whatever their:

• race, religion, first language or ethnicity
• gender or sexuality
• age
• health, ill-health or disability
• location or placement (for example living alone, in a hostel or residential unit, with their Family or a Foster Family, as a tourist in a hotel etc)
• criminal or offensive behaviour
• wealth or lack of it

Context

This section closely reflects national guidance Working Together to Safeguard and Promote the Welfare of Children.

Child Abuse and Neglect

'Child abuse and neglect' is a generic term encompassing all ill treatment of children, including serious physical and sexual assaults as well as cases where the standard of care does not adequately support the child's health or development.

Abuse and neglect are forms of maltreatment of a child. Somebody may abuse a child by inflicting harm, or by failing to prevent harm.

Children may be abused in the family or an institutional or community setting by those known to them or, more rarely, by a stranger. An adult or adults or another child or children may abuse them.

Working Together to Safeguard Children sets out definitions and examples of the four broad categories of abuse:

• physical abuse
• emotional abuse
• sexual abuse
• neglect

These categories overlap and an abused child does frequently suffer more than one type of abuse. For example, a child may be suffering physical and emotional abuse.

Physical abuse

Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child. (Working Together).

Emotional abuse

Emotional abuse is the persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child's emotional development. It may involve conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or 'making fun' of what they say of how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond the child's development capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill- treatment of another. It may involve serious bullying (including cyber bullying), (discussed in specific detail in the Tees Safeguarding procedures) causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone.

Sexual abuse

Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example, rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse (including via the internet). Sexual abuse is not solely perpetrated by adult males. Woman can also commit acts of sexual abuse, as can other children.

Please note, the fact that it is abusive to allow or coerce children into witnessing acts of a sexual nature between adults may be particularly relevant where children are on the premises and are exposed to adult focused activities where sexual themes are prevalent.

Neglect

Neglect is the persistent failure to meet a child's basic physical and/or psychological needs, likely to result in the serious impairment of the child's health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to:

• provide adequate food, clothing and shelter (including exclusion from home or abandonment)
• protect a child from physical and emotional harm or danger
• ensure adequate supervision (including the use of inadequate care-givers)
• ensure access to appropriate medical care or treatment

It may also include neglect of, or unresponsiveness to, a child's basic emotional needs.

Neglect can also include ignoring a child's basic emotional needs. This includes children being present with or without their parents, at venues unsuitable for their age:

• where events of a sexual nature take place
• where there are convictions of current members of staff for serving alcohol to minors
• premises where gambling is the main activity and or
• premises where the supply of alcohol is the main activity and there are no activities for children or families

Please note children need to be protected even when it appears that they are not aware that the physical abuse, or sexual activity that they are involved in or witness, or the neglect they experience, is harmful to them.

Action to be taken

Local Authority Children's Services, the Police (and the children's charity NSPCC) are the only agencies that have a legal obligation and authority to investigate child abuse.

If you suspect that a child under the age of eighteen years or an unborn baby is being harmed by experiencing or already has experienced abuse or neglect and or is likely to suffer significant harm in the future, you must talk to your nominated Safeguarding Children person and make a referral to the Stockton & Hartlepool Children's Hub (Children's Services) and or the Police.

Who to contact

In office hours

Children's Hub -Telephone : 01642 130080  Email: childrenshub@hartlepool.gcsx.gov.uk

Police  - 101 / 999

Out of hours

Children's Services

Emergency Duty Team - Telephone: 01642 524 552                                                   

Police: 101 / 999

What they will want to know

When you contact either agency you should provide the following details:

• your name
• your address and a telephone number at which you can be contacted in case they require other information or to follow up
• the child or young persons name and any other details, if known (parents name, address, school etc)
• relevant information about the circumstances of your concerns - what you see, hear or suspect to be happening about an individual child or young person
• also concerns relating to activities you see, hear or suspect to be happening about the premises or linked to the premises for example if you suspect that a member of staff is selling alcohol to young people who are underage or you believe that children are at risk of sexual exploitation (prostitution or internet pornography)

You may not have all the details about a child or young person, or the activity, but you should still refer. You will be expected to put in writing within 48 hours the information you have given.

Children's Service or Hub and or the Police should tell you how they will respond to the situation in a way that supports their plan of action.

Recommended best practice is for the owner and or license holder to nominate themselves or a senior staff member to have the following responsibilities in relation to Safeguarding Children for the licensed premises.

Staff assigned to this role must be adequately DBS checked and ensure that safe recruitment procedures are followed:

• arrange safeguarding training for all staff
• ensure that all staff have read and know where to find this policy and Government Guidance: "What To Do If Your Worried A Child Is Being Abused"
• ensure that Safeguarding Children posters are displayed
• provide advice and support to staff when they have a concern about safeguarding a child
• record all concerns raised by staff
• in cases where adults responsible for supervising children fail to do so, they would notice this or respond to staff who have, by addressing the issue (for example, ask the adult to ensure their children remain under close supervision and explain why - because if they are wandering about the premises they may be at risk of accidental or other type of harm: refuse to sell alcohol if adults appear to be intoxicated and or incapable of providing adequate supervision)
• ensure that employment laws and or by laws are complied with in relation to the employment of children, obtaining work permits when necessary
• review the layout and design of the premises to ensure they do not pose a risk or the style and character of the premises alters at specific times so that it becomes dangerous or inappropriate for Children (she or he should suggest ways to manage the risk for example designate an area of the premises for family use, impose restrictions or prohibitions, impose a ban or similar sanctions upon individuals who do not behave responsibly at the 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.

Risk Management

The protection of children from harm as previously referred to is one of the four licensing objectives that underpin the Licensing Act 2003. Events aimed at attracting attendance by young people under 18, even though alcohol may not be available at the event, could involve some risk and should therefore be taken into account by licensees.

Mixed age events (where alcohol is available for sale to persons over 18 and those under 18 may also be in attendance at the event) significantly increase this potential risk. By events we do not mean general establishments that encourage, support and have a family friendly policy.

Clear management plans should be in place demonstrating how the license holder intends to control and mitigate the potential harm to individuals under 18 years of age attending these events, irrespective of whether alcohol is available or not.

Whilst every event should be assessed on its own merits the Licensing Authority, Police and SBC Children's Services strongly recommend that a code of conduct / policy for these events is adopted to ensure that the four Licensing Objectives are complied with, in particular the Protection of Children from Harm. Measures expected to be considered include;

Under 18 Only Events

The Police Licensing Officer, Licensing Authority and SBC Children's Services should be notified of any under 18 event at least 28 days in advance of the event. Such notification should be from the Premise License Holders or Designated Premise Supervisor, as they would be held accountable should the event undermine any of the licensing objectives.

Good practice requires:

• The premises to be covered by colour, digital CCTV which meets the requirements and expectations of the Licensing Authority and Police. The equipment to record whilst the event is being held on the premise, all recordings to be retained for a minimum period of 28 days and to be made available upon request to the Police or Licensing Authority within a period of 7 days.
• The operator to ensure that the premises have sufficient numbers of SIA registered security staff and ensuring that they are employed in the following minimum ratio: 2 for the first 100 customers, one of which being female, 2 for the second 100 customers and 1 for every 100 customers thereafter. At least one member of security staff being employed as a floorwalker and constantly monitoring patrons for evidence of alcohol or drugs and also protecting patrons from unwanted attention or harassment.
• Ensure efficient entry and dispersal procedures are in place so that young people are not left in a vulnerable position outside of the premises.
• Where there is normally a bar, ensuring that alcohol is not on display and is locked away.
• Ensuring that there is at least 1 hour between the conclusion of the youth event and the venue opening for the commencement of any adult entertainment.
• Searches on entry, to include all bags, to prevent alcohol and other illegal substances being brought onto the premises.
• Where alcohol is seized from persons aged under 18, the details to be recorded in a register.
• Any prior marketing of the event (internet, flyers, posters etc) to make it clear that no alcohol will be sold to under 18's, nobody who appears to be drunk or under the influence of any illegal substance will be allowed admission to the event and searches will take place to ensure that no alcohol is brought into the venue. Permissible ages for attendance at the event to be printed in prominent writing on any tickets issued for the event.
• Ensure a policy is in place for dealing with under 18's who appear to be under the influence of drugs or alcohol which incorporates the level   of duty of care expected to be provided.
• Toilet checks being carried out at regular intervals and records of such checks retained.
• First aid provision to be available at the premises.
• Ensure a policy is in place to prevent under aged persons leaving and returning to the premises in order to consume alcohol outside.
• Events should have a terminal hour of no later than 11.00 p.m.
• An area should be designated as a safe space, whereby ill or intoxicated persons, including minors, can be taken to a place of safety for medical treatment or in the case of minors until reunited with a parent, guardian or responsible adult.

Additional Measures expected to be considered for Mixed Age Events

• All patrons to be given a secure wristband of different colours, differentiating over 18's from under 18's.
• Only one alcoholic drink to be purchased at any one time by an individual aged over 18 years of age.
• At least 2 SIA registered security staff acting as floorwalkers to constantly monitor patrons aged under 18 years of age for evidence of alcohol or drugs and also to protect patrons from unwanted attention or harassment.
• Children under 16 years of age should not be permitted to attend the event unless accompanied by a responsible adult. Each responsible adult should not be responsible for more than 4 such children.
• All drinks to be served in plastic or polycarbonate glasses.

It must be stressed that the above measures are not considered to be an exhaustive list and licensees are encouraged to discuss the management of any such events in detail with the responsible authorities as part of their risk management process.

Families who live at licensed premises often maintain the same kind of routines as those living in other types of households, to care for their children and ensure they remain safe. For most families, living at premises that operate as a pub, club, or off licence presents no problems and children living there enjoy normal family life.

For some families however, living at a licensed premises can present parents/carers with challenges and circumstances that other parents/carers do not normally experience.

What are the risks?

For many parents/carers the risks associated with a licensed environment may be normalised and not perceived as an unusual or unsafe part of their everyday environment. It's important that parents/carers recognise the risks to children and workers should ensure the potential risks are discussed with parents/carers and offer advice about ways to manage risk.

Children and young people living at licensed premises, particularly where alcohol is on sale, can be exposed to various risks on a regular basis. For example, customers who:

• misuse alcohol
• use strong or offensive language
• are drunk, aggressive, violent
• engage in inappropriate behaviour (sexual acts, indecent exposure, vomiting)
• use or deal drugs and discard dangerous drug related paraphernalia
• use dangerous weapons (guns, knives etc)
• are criminal or sexual perpetrators

Noise nuisance can also affect the quality of life for children living at, or in close proximity to, a licensed premises - particularly if the pub/club hosts functions involving music or if there's an outside 'beer garden' or smoking area. Loud noise late at night may frighten a young child and can affect the child's sleeping patterns and impact on their development and education.

Managing the risks

To make sure the licensed environment remains safe and appropriate for children and young people living there, advice to parents and or carers should include:

• make sure that a responsible adult is available to supervise children in the private living quarters (it is not safe to leave a child unattended)
• ensure that the adults responsible for supervising children are not intoxicated
• child minding arrangements should be made if parents/carers are working (for example serving on the bar or tills)
• children should not work at the premises or cover if there is a shortage of staff (there are bylaws and regulations governing the hours and conditions for children's work and a permit is a legal necessity, even for family relatives)
• not to let the child or children play in the licensed area as it may be unsafe (some premises licenses have license conditions prohibiting children in the licensed area and there may be legal consequences for allowing children to play in licensed areas at certain times)
• arrangements are in place to allow parents/carers to prioritise their children's needs (for example, adequate staff should be employed to cover the business, to allow parents to attend health or school appointments or to do 'the school run')
• create a private play area that is designated and secure for residents
• secure access points to the living quarters to prevent the public entering private areas
• store alcohol safely to prevent children drinking or toddlers accidentally ingesting it (there is no safe amount of alcohol for a child, even a small amount can be lethal, particularly if the child consumes it with other drugs or prescribed medication)
• report the condition of the property or building to the business owner if the building is not in safe repair
• plan and manage licensed activities at the premises such as parties, functions, disco's and live music entertainment so that noise does not affect the wellbeing of children
• contact the police for help if customers engage in criminal or dangerous behaviour

It is an offence:

• to allow an unaccompanied child under 16 on premises holding a premises license or a club premises certificate or a temporary event notice that are used exclusively or primarily for the supply of alcohol (in effect, this applies to most pubs and bars where restaurant and food facilities are not provided as a permanent feature or attraction)
• to allow an unaccompanied child under 16 to be on premises holding a premises licence or a club premises certificate or a temporary event notice between the hours of midnight and 5 a.m. when the premises are open for the supply of alcohol
• for any person to sell alcohol to children anywhere, not just on licensed premises
• for a child to buy or attempt to buy alcohol
• for a child knowingly to consume alcohol on premises holding a premises licence or a club premises certificate or a temporary event notice
• an exception to drinking alcohol is provided for an accompanied young person aged 16 or 17 where the alcohol is beer, wine or cider to be consumed during a table meal
• the licensing laws extend to the whole of the premises rather than just the 'bar area

This therefore includes any outside area such as beer gardens or outside terraces.

Conditions

Restrictions may be placed on a licence or certificate following representation by a responsible authority or licensing authority and these are known as conditions. To protect children these usually relate to times, ages of children and any other measures deemed necessary to protect children. In accordance with the Secretary of State's Guidance to licensing authorities' three tiers of suitability are outlined:

1. For premises that have known associations with activities that could be harmful to children, there will be a strong presumption against allowing children to have access at any time.

2. For premises that do not serve alcohol for consumption on the premises but are open later than 11.00pm, there will be a presumption that unaccompanied children under 12 should not be there after that time.

3.For all other premises, there will be the expectation that there will be unrestricted access for children.

Safeguarding measures Licensees should have in place

Licensees should be aware that SBC Children's Services will take all of the above into account when considering any applications or variations received. It would therefore be useful if reference was made in the child protection section of the application as to what safeguarding measures licensees will have in place to protect children based on the guidance provided. As a minimum the application should indicate that having read the SBC guidance document they are aware of and will take steps to safeguard and promote the welfare of children on their premises.

Applicants must be clear in their operating schedules about the activities and times at which the premises will operate, any events that may take place as this will help them to determine when it is not appropriate for children to enter the premises.

Consideration should also be given to the proximity of premises to schools and youth clubs so that applicant can take appropriate steps to ensure that advertising relating to their premises, or relating to events at their premises, is not displayed at a time when children are likely to be near the premises.

Self-imposed conditions may be included by the applicant which will demonstrate their intention to be a responsible licensee in respect of their responsibility to safeguard children.

Examples that could be included are:

• restrictions on the hours when children may be present
• restrictions or exclusions on the presence of children under certain ages when particular specified activities are taking place
• restrictions on the parts of the premises to which children may have access
• age restrictions (below 18)
• restrictions or exclusions when certain activities are taking place
• requirements for an accompanying adult (including for example, a combination of requirements which provide that children under a particular age must be accompanied by an adult)
• full exclusion of people under 18 from the premises when any licensable activities are taking place

Where there are concerns about an application which may result in a representation being lodged with the Licensing Authority, the nominated SBC Children's Services Service Manager will carry out all the necessary requirements. This may be following discussion with a nominated representative(s) of the Safeguarding Children Partnership or at the Local Responsible Authority Meeting.

For example if there are concerns of a child protection nature at a particular establishment, the nominated representative from SBC Children's Services will liaise with, prepare any documentation and attend meetings where representation is to be made due to concerns.

The expected outcome of this document is that licensees will have a greater understanding of what is required and SBC Children's Services will develop a knowledge and understanding of establishments which may pose a risk to the safety and well-being of children in Stockton- on-Tees.

Through dialogue with colleagues, licensees and establishments that require a premises license it is envisaged that wherever possible licensed premises in Stockton-on-Tees will become family friendly and provide safer environments for children.