View Working Together 2010 View Working Together 2010

3.16 Licensed Premises

FACT SHEETS

A summary of this chapter is available: click here to view the fact sheet.

AMENDMENT

In April 2019, this chapter was revised throughout in line with local practice, and new/updated Appendices added.


Contents

  1. Responsible Authority
  2. Protection of Children from Harm
  3. Applications for a New Licence, Variation of Licence, or Minor Variation
  4. Principles to be Incorporated into the Licence/Club Certificate or Event Manual
  5. Protocol
  6. Premises of Concern, Complaints and Review of Licences
  7. Events
  8. Schools/Colleges
  9. Gambling

    Appendix 1: Sheffield Safeguarding Children Board Licensing Project 'Guidance for Best Practice: Safeguarding Children at Events'

    Appendix 1a: Risk Assessment Tool at Events

    Appendix 1b: Child/Vulnerable Adult under Temporary Supervision of Event Staff

    Appendix 1c: The Role of the Safeguarding Co-ordinator at Events

    Appendix 1d & 1e: Child in Entertainment and Employment Summaries

    Appendix 1f: Model of Care for Safeguarding Children and Vulnerable People at Events

    Appendix 1g: Lost Children/Vulnerable Adults Protocol

    Appendix 1h: Responding to a Disclosure

    Appendix 1i: Harm Reduction Guidance

    Appendix 1j: Event Checklist

    Appendix 2: Description of the Safeguarding Co-ordinator Role at Gambling Premises

    Appendix 3: Risk Assessment for Children and Vulnerable People at Gambling Premises


1. Responsible Authority

The Sheffield Safeguarding Partnership for Children and Young People is the statutory body designated as ‘Responsible Authority’ for the protection of children from harm under the Licensing Act 2003 and for the protection of children and vulnerable people under the Gambling Act 2005.

The Licensing Project Manager is the designated officer authorised to execute the statutory duties of the Sheffield Safeguarding Partnership for Children and Young People under the Licensing Act 2003 and Gambling Act 2005. Applications and correspondence relating to these Acts should be addressed to:

Licensing Project Manager
Floor 3, Howden House
Union Street
Sheffield S1 2JSH                
Tel: 0114 2736 753 / 07854 219682
E-mail: julie.hague@sheffield.gov.uk


2. Protection of Children from Harm

The Safeguarding Partnership for Children and Young People recognises the distinction made under the Licensing Act 2003 between children and young people, however it should be noted that as far as the protection of children is concerned this applies to all young people until their 18th birthday. Sheffield Safeguarding Partnership for Children and Young People expects all agencies working with children, or sharing information about children, to refer any child protection concerns relating to licensed premises to the attention of the Licensing Project Manager and if relevant, to Children’s Social Care Services. Concerns may include:

  • Premises having a reputation for under-age drinking;
  • Premises with a known association with criminality (drug taking/dealing; weapons);
  • Premises associated with sexual exploitation or sexual perpetrators;
  • Premises where there are known concerns of a child protection nature about individuals working in licensed premises where children may be present;
  • Premises providing adult gambling or gaming with inadequate safeguarding systems to prevent access to children;
  • Premises providing entertainment of a sexual or adult nature with inadequate safeguarding systems to prevent access to children;
  • Premises without the necessary permits/licence employing children of compulsory school age or involving children in performance or entertainment;
  • Premises allowing children but failing to provide a secure and appropriate family friendly environment;
  • Premises allowing children to resort inappropriately (for example regularly allowing children during times they would normally be expected to be in full-time education);
  • Premises causing excessive noise at night in residential areas;
  • Children living in licensed premises where unsafe or unsuitable activity is taking place;
  • Premises where children are not properly supervised.

In addition to the legal responsibilities for child protection placed on licensed operators, the Sheffield Safeguarding Partnership for Children and Young People expects that there is a social responsibility for all members of staff and the public accessing the premises to be aware of child protection issues and to take action if they consider any child or young person to be at risk of harm.

This procedure applies to locations that are licensed premises, licensed events and club certificated premises. The principles of this procedure may also be applied to unlicensed operations, to establish safeguarding policies and protocols and develop good safeguarding practice.


3. Applications for a New Licence, Variation of Licence, or Minor Variation

It is the expectation of the Sheffield Safeguarding Partnership for Children and Young People that the following principles are incorporated into applications for premises licences or variations. These principles may be used in giving information to applicants for premises licences or club premises certificates or licensed events, to help them promote the licensing objective of ‘The Protection of Children from Harm’. Where applicants fail to consider these principles then the Sheffield Safeguarding Partnership for Children and Young People may make representations to the Licensing Authority with the request that they be incorporated by way of licence conditions, if granted by the Licensing Authority.

In cases where the Licensing Authority or other Responsible Authority elects to consult with the Sheffield Safeguarding Partnership for Children and Young People about an application for a minor variation or event, the Licensing Project Manager shall provide a written response to that Authority and if necessary, to the applicant.


4. Principles to be incorporated into the Licence/Club Certificate or Event Manual

The Sheffield Safeguarding Partnership for Children and Young People expects that where children are permitted, the licensed environment must be safe and family friendly, in line with the Licensing Authority Statement of Licensing Policy and Sheffield Safeguarding Partnership for Children and Young People guidance.

4.1 A Family Friendly Environment

  • Alcohol - Provisions should be in place to see that alcohol is not served to, or purchased on behalf of, under-age young people. This should include use of a recognised age verification scheme which requires, for example, photographic evidence of identity from a passport, driving licence or other recognised scheme. All staff responsible for selling age restricted goods should be trained to operate this scheme and staff training records should be maintained and audited. This scheme should operate in compliance with the partnership guidance issued by South Yorkshire Police, the Sheffield Safeguarding Partnership for Children and Young People and Trading Standards.

    The Sheffield Safeguarding Partnership for Children and Young People expects that children will not be exposed at licensed premises to persons who are behaving irresponsibly, for example if they behave in a drunk or disorderly manner, if they become aggressive, use strong or offensive language, or engage in otherwise inappropriate behaviour.

    Premises or clubs evidenced to be selling alcohol illegally or irresponsibly or those failing to provide a family friendly environment are expected to attend the relevant training to safeguard children from the risks associated with alcohol;
  • Advertising - Drinks promotions must comply with the requirements of the mandatory licence conditions. Applicants are recommended to consider advertising products and promotions in compliance with a recognised Code of Practice. Alcohol should not be advertised in a manner that may incite, or attract young people to drink. Applicants should also give consideration to their soft drink pricing policy so as not to discourage consumption of soft drinks by customers;
  • Signage should be displayed to indicate the age verification policy, the location of the designated family area and any restrictions relating to children (for example, if they are required in time to be off the premises);
  • Drugs/New Psychoactive Substances - The trade or misuse of drugs or Psychoactive Substances (also known as illegal highs) at licensed premises is a safeguarding concern. At premises, clubs or events where substance misuse issues have been identified, the Sheffield Safeguarding Partnership for Children and Young People expects that the premises management or event organiser shall implement a risk management plan and consider whether harm reduction measures would be appropriate as part of their policy. It is expected that a risk management plan would include: the maintenance of an incident log; signage; regular and audited patrols of the premise including toilet/external areas; staff training and maintenance of training records, proactive interventions with customers considered to be at risk of harm and the use of safe ejection procedures. Premises/clubs are expected to address substance misuse activity by working in partnership with the police and other agencies such as the Security Industry Authority. Event managers are also expected to manage risk in partnership with substance misuse treatment services or qualified welfare experts; this may involve, for example, consultation regarding a harm reduction approach at events. Please see Appendix 1i: Harm Reduction Guidance;
  • 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, for example: loud music or noise made by customers leaving premises late at night. This should be addressed through signage and verbal advice to customers or members. If children are living at a licensed premises, consideration should be given to the impact of noise on the welfare of those children;
  • Location - Where licensed premises, certificated clubs or gambling premises are in close proximity to schools, nurseries, parks, or other children’s provision, there needs to be an awareness of how issues such as alcohol misuse, criminality, advertising and adult entertainment may impact on children, particularly during the day and in garden or outside areas;
  • Entertainment - Safeguarding measures must be in place for the protection of children from adult entertainment, including striptease, blue comedians, adult gambling, or the showing of films with inappropriate classifications or films considered unsuitable for children by the local council;
  • Child Entertainment - Where an activity takes place at a licensed venue which is directly aimed at children, such as a children’s party or show, consideration must be given to the content of the performance and the number of adults required to be present, and the responsibilities of those adults required to be present, and the responsibilities of staff, to ensure that children are supervised and protected from harm. If staff have responsibilities for supervising children’s activities in the absence of a responsible adult, or if staff are in one to one private contact with children, they should be appropriately vetted. If an activity requires children to be accompanied by a responsible adult, this requirement should be publicized (in the booking contract, tickets or publicity materials) and strictly enforced. Consideration must also be given to whether a child performance licence is required. See also Appendix 1d & 1e: Child in Entertainment and Employment Summaries;
  • Child-Minding - If children are living on the premises then adequate minding arrangements must be in place whilst their parents/carers are working. Working staff should not ‘mind’ children from a remote location, or attempt to care for children within the licensed areas when operating under a premises licence;
  • Outside areas/play areas - Children’s play areas must comply with the requirements of the Health Protection Service and health and safety regulations apply. All external areas should be routinely monitored to prevent children from being at risk of harm. Signage should be displayed regarding the policy for supervising children in play areas;
  • Restrictions - Where the Licensing Authority has placed specific restrictions on a licence relating to children, any breach of those restrictions coming to the attention of the safeguarding partners will be referred immediately to the Licensing Authority. The Sheffield Safeguarding Partnership for Children and Young People considers that the restrictions imposed by licence conditions apply to all children accessing the event, premises or club, including children living, working, entertaining or socialising at licensed establishments;
  • Smoking - Children exposed to the effects of a smoking environment are at risk of harm and consideration must be given to the welfare of children when designating any external smoking areas. Consideration should also be given to the supervision of children if adults temporarily exit the premises to smoke. The Sheffield Safeguarding Partnership for Children and Young People expects that at premises where smoking is the main or sole activity, such as shisha venues, a policy should be in place to prevent underage tobacco sale, to prevent children being exposed the effects of smoke, and to prevent children being allowed to resort at times when the environment is adult orientated.

4.2 Staff

  • Children working or involved in performance/entertainment
    • No staff under the age of 18 years are to be employed (paid or unpaid) on the premises where adult entertainment takes place. See also Appendix 1d & 1e: Child in Entertainment and Employment Summaries;
    • Children of non-compulsory school age are restricted when selling alcohol and sales may only take place in compliance with the Guidance issued under Section 182 of the Licensing Act 2003 which requires specific supervision by a designated ‘responsible person’;
    • If children of non-compulsory age are working with licensed premises/club or event, the terms and conditions of their work must comply with health and safety working time regulations and a safeguarding risk assessment should be undertaken;
    • Children must not remain in a licensed area if there are conditions to prohibit this;
    • A work permit must be obtained for all children who are employed whilst of compulsory school age and regulations must be complied with regarding the type and hours of work they are permitted to undertake;
    • Children involved in entertainment or performance may require a licence from the Council to ensure the necessary safeguards are in place. Children must not participate in performance or entertainment in breach of any restrictions imposed by any licence conditions;
    • It is expected that safeguarding risk assessments will be submitted to the Council at the point of applying for a work permit or performance licence and that the Council’s good practice guidance for Chaperones is complied with for all children working or performing under the age of 18 years.
  • Vetting - the applicant is responsible for ensuring that any staff working on licensed premises who may have specific access to children through the nature of their employment (for example, coaching, supervised play areas, children’s entertainment) have appropriate Disclosure and Barring Service (DBS) checks which are current;
  • Entertainers - children’s entertainers who are contracted to work at licensed premises/clubs or events should produce a reference or if their responsibilities involve private contact with children or supervision, a personal and recent enhanced DBS check should be produced. This also applies to individuals volunteering their services, such as play supervisors or providers of children’s entertainment.


5. Protocol

This protocol reflects a two-way process of communication between the Licensing Authority and Sheffield Safeguarding Partnership for Children and Young People.

In line with the legislation and guidance:

  • All applications for new or varied premises licences must be sent to the Sheffield Safeguarding Partnership for Children and Young People, as the Responsible Authority for the protection of children from harm, by the applicant. Applications should be submitted to the Licensing Project Manager at the address stated in Section 1 within the legal timescale as set out in the Licensing Act 2003;
  • The Licensing Authority will provide the Licensing Project Manager with a weekly schedule of current applications in order to check that the Licensing Project Manager has received all applications. The Licensing Project Manager shall liaise with the Licensing Authority regarding applications not received;
  • If a representation is to be made by Sheffield Safeguarding Partnership for Children and Young People in respect of an individual licence application then this will be done within the statutory time limit (currently 28 days).

On receipt of an application, the Licensing Project Manager will do the following:

  • Assess the application and maintain audited records of any decision made on behalf of the Sheffield Safeguarding Partnership for Children and Young People. This includes liaison with the relevant Responsible Authorities/agencies/applicant, to identify if there are any issues relating to the ‘Protection of Children from Harm’ or to share additional information, to inform the assessment process;
  • Where possible, the Licensing Project Manager shall assist the applicant, or the applicant’s representative, by providing advice. To expedite the application process and avoid unnecessary hearings, the Licensing Project Manager shall where possible negotiate with the applicant or applicant’s representative, so that the necessary safeguarding measures are included in the application as licence conditions;
  • The application will be available at the Licensing General Section of the Sheffield City Council if members of the public, statutory agencies or any other organization wish to examine the application or raise concerns to the Licensing Project Manager;
  • In the event of any concerns being raised to the Licensing Project Manager, the Licensing Project Manager will investigate and a decision will be reached as to whether a representation will be submitted to the Licensing Authority under the core objective for the protection of children from harm;
  • If, after appropriate consultation, no concerns are identified on behalf of the Sheffield Safeguarding Partnership for Children and Young People, the Licensing Project Manager will record that no concerns were identified and the grounds for this decision shall be recorded by the Licensing Project Manager;
  • If a representation is to be made on behalf of the Sheffield Safeguarding Partnership for Children and Young People, the Licensing Project Manager will formulate a response to the Licensing Authority;
  • The Licensing Project Manager will make the appropriate arrangement for representation at any Licensing hearing or subsequent court appeal.


6. Premises of Concern, Complaints and Review of Licences

If child protection concerns are identified by the Licensing Project Manager, or any agency or individual, relating to an establishment that has a current licence, or relating to an individual associated with that premises, the Licensing Project Manager will investigate those concerns. Where possible, advice and support shall be offered to assist with improving the safeguarding measures at the premises/club/event (for example a multi-agency action plan, training, or event de-briefing meetings). In cases where this course of action is not appropriate, a licence review may be sought by the Licensing Project Manager or other Responsible Authority.

If children are living at a licensed establishment where child protection concerns have been identified (for example venues associated with violence, drug use/dealing, or persons posing a risk to children) the Licensing Project Manager shall liaise with the relevant agencies.


7. Events

It is the expectation of the Sheffield Safeguarding Partnership for Children and Young People that events are planned and operated in compliance with the guidance and training issued by the Sheffield Safeguarding Partnership for Children and Young People. See Appendix 1: Sheffield Safeguarding Children Board Licensing Project 'Guidance for Best Practice: Safeguarding Children at Events'. The Sheffield Safeguarding Partnership for Children and Young People may seek licence conditions to establish compliance at licensed events.

The Licensing Project Manager shall represent the Sheffield Safeguarding Partnership for Children and Young People at Safety Advisory Group meetings that are convened and recorded by Sheffield City Council, to advise on issues relating to the protection of children from harm at licensed events or similar.

The Licensing Project Manager shall provide advice on request to providers or agencies involved with events operating under a Temporary Event Notice or in relation to unlicensed events.


8. Schools/Colleges

The Licensing Project Manager shall liaise with the Licensing Authority and other relevant agencies, to provide advice to schools/colleges and agencies about:

  • Educational establishments operating as a licensed premises;
  • Safeguarding children at events on school land;
  • Children and young people and employment at licensed premises;
  • Children involved in performance or entertainment at licensed premises;
  • Risk management and information sharing in relation to licensed or unlicensed businesses.

9. Gambling

It is the expectation of the Sheffield Safeguarding Partnership for Children and Young People that, at premises where activities regulated under the Gambling Act 2005 take place, the operator shall comply with:

  • The principles set out in the guidance and code of practice issued by the Gambling Commission;
  • The principles and measures set out in the Licensing Authority’s ‘Gambling Act 2005 Statement of Principles (Policy)’;
  • The guidance issued by the Sheffield Safeguarding Partnership for Children and Young People.

These principles may be used by operators or applicants, to promote the core objective for ‘Protecting children and other vulnerable persons from being harmed or exploited by gambling’ under the Gambling Act 2005. This may include:

  • A risk assessment to be undertaken with reference to the Sheffield Safeguarding Partnership for Children and Young People (Licensing Project) Risk Assessment tool and guidance (see Appendix 11: Risk Assessment for Children and Vulnerable People at Gambling Premises);
  • A member of staff to be designated with a responsibility for children’s issues - see Appendix 10: Description of the Safeguarding Co-ordinator Role at Gambling Premises;
  • A recognised age verification scheme to be operated in all areas of the premises where alcohol is on sale and at entrances to areas of the premises which give access to adult gambling/adult entertainment facilities;
  • Signage to be displayed in areas where children are admitted stating that adults must supervise their children at all times;
  • Segregation of age-restricted activity areas and security monitoring;
  • Signage displayed on age restricted games;
  • Staff in gambling settings should receive safeguarding awareness training that is recognised by the Council’s Licensing Authority and local safeguarding partnership.

Where applicants fail to comply with these principles then the Sheffield Safeguarding Partnership for Children and Young People may inform the Gambling Commission and Licensing Authority and make representations to the Licensing Authority, with the request that they be incorporated by way of licence conditions.

Where relevant, the procedures and protocols in relation to applications made under the Licensing Act 2003 shall apply to applications made under the Gambling Act 2005, including the response of the Sheffield Safeguarding Partnership for Children and Young People to premises of concern, complaints and the review of licences.


Appendix 1: Sheffield Safeguarding Children Board Licensing Project 'Guidance for Best Practice: Safeguarding Children at Events

Click here to view Appendix 1: Sheffield Safeguarding Children Board Licensing Project 'Guidance for Best Practice: Safeguarding Children at Events'


Appendix 1a: Risk Assessment Tool at Events

Click here to view Appendix 1a: Risk Assessment Tool at Events


Appendix 1b: Child/Vulnerable Adult under Temporary Supervision of Event Staff

Click here to view Appendix 1b: Child/Vulnerable Adult under Temporary Supervision of Event Staff


Appendix 1c: The Role of the Safeguarding Co-ordinator at Events

Click here to view Appendix 1c: The Role of the Safeguarding Co-ordinator at Events


Appendix 1d & 1e: Child in Entertainment and Employment Summaries

Click here to view Appendix 1d: Child in Entertainment Summary

Click here to view Appendix 1e: Child in Employment Summary


Appendix 1f: Model of Care for Safeguarding Children and Vulnerable People at Events

Click here to view Appendix 1f: Model of Care for Safeguarding Children and Vulnerable People at Events


Appendix 1g: Lost Children/Vulnerable Adults Protocol

Click here to view Appendix 1g: Lost Children/Vulnerable Adults Protocol


Appendix 1h: Responding to a Disclosure

Click here to view Appendix 1h: Responding to a Disclosure


Appendix 1i: Harm Reduction Guidance

Click here to view Appendix 1i: Harm Reduction Guidance


Appendix 1j: Event Checklist

Click here to view Appendix 1j: Event Checklist


Appendix 2: Description of the Safeguarding Co-ordinator Role at Gambling Premises

Click here to view Appendix 2: Description of the Safeguarding Co-ordinator Role at Gambling Premises


Appendix 3: Risk Assessment for Children and Vulnerable People at Gambling Premises

Click here to view Appendix 3: Risk Assessment for Children and Vulnerable People at Gambling Premises

End