Gateshead Council's Statement of Licensing Policy sets out how the council will continue to positively promote the four licensing objectives:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
  
  and
• the protection of children from harm

and support businesses in the borough to thrive. It is aligned and consistent with other local policies and strategies developed by the council and our partners and contributes to our vision of Gateshead being a great borough, with vibrant communities, where businesses can grow, residents feel supported and live fulfilled lives.

1.2 The Policy aims to balance the legitimate needs of businesses and the public demand for leisure and cultural activities against the need to mitigate against the potential adverse effects of the provision of licensable activities.

1.3 The Policy sets out how the licensing regime will be implemented in Gateshead and gives guidance to and sets out the expectations of new applicants and those holding authorisations under the Licensing Act 2003.

1.4 The Policy demonstrates how the Responsible Authorities under the Licensing Act 2003 work together and provides a clear consistent basis for determining applications and a framework to ensure that the relevant views of those affected by licensed premises are taken into consideration.

1.5 The Policy acknowledges that the most effective regulation is achieved when regulators and businesses work together aiming for the same outcome of safe and well managed premises, places and environments.

1.6 Many people choose not to drink alcohol on some days or all days for a variety of reasons, yet still wish to enjoy the night time economy, and cultural and leisure opportunities. This policy supports and encourages licensees to offer a wider range of no- and low-alcohol drinks aimed at this emerging market as part of a varied offer.

1.7 This policy was approved by Gateshead Council on 20 November 2025 and came into effect on 7 January 2026.

2.1 The council's strategic approach is for Gateshead to be a place where everyone thrives - for Gateshead to be a great borough, with vibrant communities, where residents feel supported and live fulfilled lives, businesses can grow, and our environmental impact is minimised.

2.2 The licensing of premises and people plays an important role in realising this vision and aligns with Gateshead Council Corporate Plan 2025 to 2030, Gateshead Health and Wellbeing Strategy and the Safer Gateshead Partnership Plan 2024 to 2026 (PDF, 813 KB).

2.3 This Policy sets out what this Licensing Authority expects of the people that it authorises to carry out licensable activities in the Borough of Gateshead.

2.4 Applicants and licensees are of course expected to be familiar with the relevant legislation and the National Guidance issued by the Home Office, but they are also expected to be familiar with the exigencies of the locality that they operate in. This applies to everyone seeking to carry on licensable activities in the borough, whether they are a large national chain or a small community premises.

2.5 The promotion of the licensing objectives underpins every decision that the Licensing Authority makes. How the objectives are best promoted can vary from place to place and depending on the nature and scale of the activities that are to be carried out. This Policy sets out the issues that are of particular relevance or concern within Gateshead, and the approaches that this Licensing Authority would expect responsible licensees to take into account in their operation.

2.6 The Policy links closely with a number of key plans and strategies produced by the council and its partners, as set out in the section headed 'Integration with other legislation, policies and guidance'.

The council has a statutory duty under Section 5 of the Licensing Act 2003 to determine and publish a Statement of Licensing Policy. This policy has been prepared in accordance with the provisions of the Act and the Guidance issued by the Home Office under Section 182 of the Act.

3.2 The Licensing Authority is responsible for:

• the licensing of licensable activities under the Licensing Act 2003 (The Act)
• ensuring that those who are authorised under the Act comply with the requirements; and
• ensuring that only those who are duly authorised to carry out licensable activities do so

3.3 This document sets out the Licensing Authority's policy as to how it will fulfil its obligations and achieve its strategic aims in this respect.

3.4 This Policy should be read in conjunction with the Act itself, the Home Office Guidance made under Section 182 of the Act, and the other policies and guidance that are referred to in this document.

3.5 This Licensing Authority regards each of the Licensing Objectives to be of equal importance. They are:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm

3.6 This document sets out the policies the Licensing Authority will generally apply to promote the Licensing Objectives when making decisions under the Act, and when addressing non-compliance with the Act itself or any authorisations issued under the Act. The Licensing Authority will consider deviating from the policy on a case-by-case basis, where it believes it to be appropriate and proportionate in all the relevant circumstances.

Gateshead is located on the southern bank of the River Tyne, opposite Newcastle upon Tyne to the north, and bordering County Durham to the south, Northumberland to the west and South Tyneside and Sunderland to the east. It is a constantly changing borough combining modern facilities with a fascinating heritage. The borough stands almost 13 miles along the south bank of the River Tyne and covers 55 square miles, making it the largest of the five Tyne and Wear authorities.

4.2 Gateshead is a borough of contrasts. It has a large urban hub centred around the main town centre area in Bridges ward and has a number of smaller urban centres and busy employment areas such as Blaydon, Whickham, Felling and Birtley. However, around two-thirds of the borough is rural, with numerous small settlements such as Kibblesworth, Sunniside, Chopwell and High Spen.

4.3 Built on traditional industries of mining and heavy engineering, the 1930s saw diversification through the development of the Team Valley Trading Estate (TVTE), the first trading estate of its type in the UK. Centrally located for the region, the TVTE has become prominent for transport and distribution activities and is the borough's most prestigious employment centre, attracting the highest number of inward commuters to the borough on a daily basis.

4.4 The 1970s saw the decline of many of the region's traditional industries. A high proportion of those who lived in Gateshead worked in these industries, resulting in unemployment and high levels of deprivation and financial/social exclusion, the impact of which is still being felt today. In the 1980s Gateshead saw the development of the MetroCentre, now boasting over two million sq ft of retail and leisure floor space, one of the UK's and Europe's largest shopping centres.

4.5 The urban core, shared with Newcastle, is the focus of regeneration, promoting growth through the digital economy, knowledge-based businesses and cultural-led regeneration. Major initiatives such as the Sage Gateshead, BALTIC Centre for Contemporary Art, Gateshead College and the Gateshead Millennium Bridge have all been developed over recent years and further regeneration is ongoing.

4.6 Information about Gateshead can be found in the Joint Strategic Needs Risk Assessment.

Crime and antisocial behaviour in Gateshead

4.7 Crime and ASB data relating to Gateshead can be found at Police.uk.

Public health in Gateshead

4.8 In 2012 the Police and Social Responsibility Act 2011 introduced public health as a responsible authority under the Licensing Act 2003.

4.9 Public health is "the science and art of promoting and protecting health and wellbeing, preventing ill-health and prolonging life through the organised efforts of society." The Public Health Outcomes Framework acknowledges that health is influenced not only by lifestyle choices but also by a range of wider determinants, including the physical environment, domestic abuse, violent crime and noise nuisance.

4.10 Gateshead Council recognises the impact upon population-level health that alcohol consumption can cause. While the protection of public health is not a discrete licensing objective, it can, where appropriate, permeate each of the licensing objectives.

4.11 Each year Gateshead's Director of Public Health publishes an annual report, the most recent at the time of writing being published in 2024: Ripples of Despair - Focus on lives lost to alcohol, drugs, and suicide. Foreword - Alice Wiseman, Gateshead Director of Public Health - Gateshead Council. Previous annual reports are also relevant.

Local licensing guidance

4.12 Different localities within the borough have different characters and challenges, both of which can change over time depending on a range of factors. To assist applicants and licensees in their understanding of local issues that they should be cognisant of, from time to time the council publishes and updates 'Local Licensing Guidance' documents on its website. An interactive mapping tool is available.

4.13 The Local Licensing Guidance provides information about the causes of serious and chronic concern in these localities. The areas covered by the guidance can vary depending on the nature of the problems that are identified, so may relate to the whole of a particular ward or for instance to street level. The guidance can include a wide range of information that is considered to be relevant to those who seek to carry on licensable activities within the area, for instance:

• the physical environment (including transport, school walking routes, blocks of flats, commercial or residential proximity, and so on)
• existing licensed premises
• health data (such as hospital admissions for under 18s, ambulance calls for alcohol-related reasons)
• crime and disorder hotspots
• known areas of congregation
• local initiatives (such as PubWatch, OffWatch, community alcohol partnerships and so on)
• local concerns about the promotion of the licensing objectives (including from ward members, community leaders, GPs, schools, and so on)

4.14 The Local Licensing Guidance will be produced by the council's Public Health team with the input of Responsible Authorities and other stakeholders as appropriate. Additional information which may support applicants to understand local issues relating to alcohol may include:

• Headline data - Gateshead JSNA
• DHSC Local Alcohol Profile
• Institute of Alcohol Studies - Cost of Alcohol Harm
• Balance - Alcohol Cost Profiles
• Gov.uk - Local Alcohol Profiles for England
• NHS Smoking, Drinking and Drug Use Survey

4.15 It is recommended that applicants and licensees have regard to these documents and Joint Strategic Needs Risk Assessment and Crime and ASB data relating to Gateshead at Police.uk when considering their operating schedule. In particular, where the Local Licensing Guidance identifies measures that it is believed will help to promote the licensing objectives in respect of certain licensable activities due to the issues that have been identified, if an applicant or licensee chooses not to adopt those measures, this may result in representations being made.

5.1 Anyone who is or who seeks to be authorised under the Act to carry out licensable activities in the Borough of Gateshead should be aware of the other legislation, policies and guidance that may apply to their business. Failure to comply with other legislation and/or regulatory regimes can indicate that a licensee is irresponsible, which may call into question their ability to adequately promote the licensing objectives.

5.2 Although, from the perspective of the business proprietor, there may be an element of crossover between licensing and other regimes, they are separate and are treated as such by the council.

Planning

5.3 The Secretary of State has provided guidance on the relationship between planning and licensing, stating that they are separate regimes, each with their own statutory considerations and policy considerations. Licensing legislation does not require that relevant planning authorisation must be in place prior to a licence being granted, but it is strongly recommended that applicants seek to ensure that appropriate planning consent is in place so that proper consideration can be given to the impact that the use of the premises will have on the locality.

5.4 Planning and licensing regimes will be properly separated as they involve consideration of different matters. However, whilst recognising this, the licensing authority will work closely with the planning authority to ensure that where possible the two regimes will align with each other.

5.5 The 'agent of change' principle which seeks to protect existing uses, particularly with regard to venues that provide regulated entertainment through permissions under the Licensing Act, is recognised as an important concept under both regimes and is supported by this policy.

5.6 Applicants should be aware of the Hot food takeaway Supplementary Planning Document - Gateshead Council which sets out the council's priorities and objectives in relation to planning control of hot food takeaways.

Corporate and partner policies

5.7 Applicants and licensees need to be aware of and have regard to:

• Gateshead Council Corporate Plan 2025 - 2030
• Safer Gateshead Partnership Plan 2024 - 2026 (PDF, 813 KB)
• Gateshead Health and Wellbeing Strategy
• Gateshead Drug and Alcohol Strategy (currently in draft)
• Gateshead Safeguarding Children Business Plan

5.8 The Licensing Authority will seek to achieve integration with relevant strategies and their aims in its decision making.

Human rights

5.9 The Licensing Authority will have particular regard to the following relevant provisions of the European Convention on Human Rights:

• Article 6 that in determination of civil rights and obligations everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law
• Article 8 that everyone has the right to respect for their home and private life
• Article 1 of the First Protocol that every person is entitled to the peaceful enjoyment of their possessions

Equality and diversity

5.10 Applicants and licensees should be aware of their obligations under Equality Act 2010 and the characteristics protected by the legislation which are:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion and belief
• sex
• sexual orientation

5.11 It is expected that responsible licensees will be sensitive to the needs of their varied customer base and prepared to make reasonable adjustments to accommodate those needs.

5.12 Equality Act 2010 also requires the Licensing Authority to have due regard to the need to eliminate discrimination, harassment and victimisation; advance equality of opportunity; and foster good relations between people with different protected characteristics. Each application will be considered with this in mind.

Crime and disorder

5.13 Section 17 of the Crime and Disorder Act 1998 introduced a wide range of measures for preventing crime and disorder and imposed a duty on the council, Northumbria Police and others to consider crime and disorder reduction in the exercise of all their duties. The reduction of crime and disorder is integral to this council's approach to the Licensing Act.

Data protection

5.14 The Licensing Authority will process personal information in accordance with the Data Protection Act 2018. The personal details provided by applicants will be held on a database and, where the law allows, may be shared with other departments within the council to update details they hold. The Licensing Authority may also be required to disclose personal information to third parties (such as Police, Department for Work and Pensions or Audit Commission for the National Fraud Initiative) for the purposes of preventing or detecting crime or apprehending or prosecuting offenders. Information will be kept for the duration of the licence and then for 6 years, after which it will be destroyed/deleted.

Local Government Declaration on Alcohol

5.15 Gateshead Council has signed the Local Government Declaration on Alcohol, and has committed to:

• promoting the introduction of greater regulations around the price, promotion and availability of alcohol
• calling for changes to the Licensing Act in favour of local authorities and communities, to enable greater control on the number, density and availability of alcohol according to local requirements
• putting public health and community safety at the forefront of public policy-making about alcohol
• making best use of existing licensing powers to ensure effective management of the night-time economy
• raising awareness of the harm caused by alcohol to individuals and our communities.

5.16 It is recognised that the regime under the Licensing Act is only one part of the framework needed to achieve these aims; that in terms of alcohol the Act only regulates its sale and supply - not its consumption; and that the regime cannot be utilised where the council's aims do not pertain to the objectives set out in the Act.

5.17 However, the licensing regime has proven to be an effective tool in Gateshead for the control of price, promotion and availability of alcohol:

Price

The sale and supply of cheap alcohol can lead to its over-consumption which in turn can undermine the licensing objectives, particularly in respect of the prevention of crime and disorder and the protection of children from harm. This Licensing Authority has imposed and will continue to impose minimum unit price requirements where appropriate to promote the licensing objectives, and as part of a range of measures to tackle identified concerns. For instance, alcohol can be 'cheap' not only due to its price but also due to its strength. Where appropriate this Licensing Authority will also impose conditions to control the sale of certain types of product, such as 'super strength' ciders, spirits, and so on.

Promotion

The Government has imposed certain mandatory conditions to prohibit irresponsible drinks promotions where the consumption is intended to take place on the premises. This Licensing Authority will impose further conditions on licences where it is appropriate and proportionate to do so, which will depend on the individual circumstances. For instance, conditions can be imposed to prevent promotions which are aimed at young people, particularly in the vicinity of schools and other locations attended by children, and promotion of potentially dangerous alcoholic products such as cocktails containing liquid nitrogen. Gateshead Licensing Authority's expectations with respect to the promotion of alcohol in off-licensed premises are set out in 8.19.

Place

There is a range of measures that can assist in controlling the availability of alcohol in defined localities where there is appropriate evidence to support the restriction. These include:

• cumulative impact policies
• night-time levy
• early morning restriction orders

The evidential basis to consider implementing any of these measures in Gateshead has not yet been put forward. However, if evidence supports their implementation in the future, this will be duly considered.

Public space protection orders

5.18 There are currently two Public Space Protection Orders in place in Gateshead.

5.19 The effect of both orders is, amongst other conditions, to prohibit the consumption of alcohol at a place which is open to the air or in a public space. The Licensing Authority expects licensed premises which operate in areas where a PSPO has been implemented to have measures in place to ensure their customers do not contribute to activities which have or may have a detrimental effect on the quality of life of those in the locality.

PubWatch

5.20 PubWatch schemes are led by Northumbria Police and provide a forum for licensees to gain support from the Police, the council and other licensees to tackle the problems associated with individuals who cause disturbance, disorder, use drugs or use or threaten violence in and around licensed premises. By acting collectively in excluding such people from a number of premises in the area, this means that the problem is not simply moved from one pub to the next. PubWatch schemes have been found to be effective tools in tackling antisocial behaviour in many areas where the schemes are well run and there is a significant level of participation by licence holders in the borough. The Draft Gateshead Drug and Alcohol Strategy recognises the importance of the PubWatch scheme and envisages it being used to share and develop best practice and as a forum for training.

Regional and national working

5.21 The Licensing Authority participates in regional working through the North East Strategic Licensing Group, which is comprised of representatives of each of the twelve North East Licensing Authorities, and forms part of the North East Public Protection Partnership.

5.22 The Licensing Authority also works closely with Balance - the North East Alcohol Office, to achieve an integrated approach across the region through the North East Combined Authority and with key partners such as the Police.

5.23 From the national perspective, representatives of the Licensing Authority participate in the Local Government Association's Licensing Policy Forum.

Entitlement to work in the UK

5.24 Individuals applying for a personal licence must be entitled to work in the UK. The Immigration Act 2016 amended the Licensing Act 2003 with effect from 6 April 2017 so that an application made on or after that date by someone who is not entitled to work in the UK must be rejected. The purpose of this provision is to help prevent illegal working in the UK.

5.25 Licensing Authorities must be satisfied that an applicant has the right to work in the UK. Applicants are required to submit one of the documents listed at Annex A of the Home Office's Employer right to work checks supporting guidance to show that they have permission to be in the UK and are permitted to undertake work in a licensable activity. This also applies to individuals who apply for premises licences.

5.26 As an alternative to using one of the documents listed, applicants may choose to demonstrate their right to work by allowing the licensing authority to carry out a check with the Home Office online right to work checking service. Where a right to work check has been conducted using the online service, the information is provided in real time directly from Home Office systems and there is no requirement to carry out a manual document-based check. Applicants will be invited to provide their share code in their application which, along with the applicant's date of birth, will allow the licensing authority to check their immigration status via the online service.

5.27 Gateshead Licensing Authority encourages the use of the online checking service.

5.28 For applications made on or after 6 April 2017, where an applicant's immigration permission to live and work in the UK is time-limited, a personal licence may be issued. However, it will become invalid when the immigration permission expires. In the event that the Home Office cuts short or ends a person's immigration permission (referred to as curtailment or revocation), any licence issued in respect of an application made on or after 6 April 2017 will automatically lapse.

5.29 A person is disqualified from applying for a personal licence or a premises licence by reason of their immigration status if:

• the person requires leave to enter or remain in the UK and has not been granted it
  
  or
• the person's leave to enter or remain in the UK:
  • is invalid
  • has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time, or otherwise) or
  • is subject to a condition preventing the person from doing work of that kind

5.30 If an applicant has restrictions on the length of time they may work in the UK, a premises licence or personal licence may still be issued. However, the licence will cease to have effect when the right to work lapses. Migrants who are subject to UK immigration control may be granted permission to enter or remain in the UK, with a condition permitting employment, on a time-limited basis or on an indefinite basis. Where necessary a person's immigration status will be confirmed by Gateshead licensing authority contacting the Home Office Status, Verification, Evidence and Checking (SVEC) Unit at [email protected].

Relevant offences

5.31 Relevant offences are set out in Schedule 4 to the 2003 Act. If a person has been required to pay a civil penalty for immigration matters on or after 6 April 2017, this may be taken into consideration in the same way as a relevant offence. Offences added to the list of relevant offences with effect from 6 April 2017 may only be taken into consideration if the conviction was received on or after 6 April 2017.

5.32 Section 19 of the Criminal Justice and Police Act 2001 (the Act) gives licensing authorities, police and local authorities the power to serve a closure notice where any premises are being used (or have been used within the last 24 hours), for the sale of alcohol for consumption on or in the vicinity of the premises; and the activity was not authorised (premises licence, club premises certificate or temporary event notice) or not in accordance with the conditions of authorisation. The notice informs the person with control of, or responsibility for, the activities carried on at the premises (normally the licence holder or the designated premises supervisor) that if unauthorised alcohol sales continue, an application may be made to a court under section 20 for an order to close the premises under section 21 of the Act. Such an application cannot be made less than 7 days or more than six months after the service of the closure notice under section 19.

Pavement licences

5.33 A pavement licence allows a business to place removable furniture (like tables and chairs) on the public highway adjacent to a premises. It's governed by the Business and Planning Act 2020.

5.34 If alcohol is served in the outdoor area covered by a pavement licence, it may be necessary for an application to be made to vary the premises licence. Licensees should contact the licensing authority for advice.

6.1 Each application will be determined on its merits having regard to this Policy, Guidance under Section 182 of the Act, the Act itself and supporting Regulations.

6.2 The Licensing Authority considers:

• the effective and responsible management of premises
• instruction, training and supervision of staff
  
  and
• the adoption of best practice

to be amongst the most important control measures for the achievement of all the licensing objectives. For this reason, the Licensing Authority will expect these elements to be specifically considered and addressed within an applicant's operating schedule.

6.3 Applicants who do not clearly demonstrate how they intend to address these issues in their operating schedules should expect their applications to be objected to, including by the Licensing Authority.

6.4 Also, licensees whose practice does not meet this expectation may have their licence reviewed and, as above, this may be triggered by the Licensing Authority itself.

6.5 Gateshead Licensing Authority will consider each application on a case-by-case basis and will specifically evaluate licence conditions proposed by applicants.

6.6 A new licence application will be required if changes are proposed which substantially vary the premises to which the licence relates.

Scope of the policy

6.7 This policy applies to the licensable activities set out in the Licensing Act 2003 namely:

• the sale by retail of alcohol
• the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club
• the provision of regulated entertainment
  
  and
• the provision of late-night refreshment

6.8 The Act provides for four types of authorisation or permission as follows:

• Premises Licence - to use premises for licensable activities
• Club premises certificate - to allow a qualifying club to engage in qualifying club activities as set out in Section 1 of the Act
• Temporary event notice - to carry out licensable activities at a temporary event
• Personal licence - to sell or authorise the sale of alcohol from premises in respect of which there is a premises licence

6.9 Detailed guidance on making applications and making representations. Applicants are strongly encouraged to refer to the Licensing Act 2003, this Statement of Licensing Policy and the Statutory Section 182 Guidance prior to submitting an application along with the relevant policies and strategies referred to in this document.

The application process

6.10 Applying for a licence or other permission under the Licensing Act 2003 generally involves three stages:

1. Applying - completion of an application form by an applicant or the applicant's representative
2. Processing - receipt and handling of the application by the council's licensing team
3. Determining - deciding on the outcome of the application by members of the licensing sub-committee

Applying

6.11 All applications made under the Act must be made on statutory forms, either online or by post, and must be complete, containing as much detail as possible demonstrating how the applicant will promote the licensing objectives.

6.12 Applications for new premises licences, club premises certificates and variations of the same are required to be supported by a robust operating schedule which clearly outlines the days and times the applicant intends to carry out licensable activities.

6.13 The applicant must also specify on the operating schedule the steps which they propose to take in order to promote each of the licensing objectives set out in Section 7.

Processing

6.14 The licensing authority will check that the application is compliant with the policy and ensure that the responsible authorities are consulted and notices of the application are posted so that all interested parties can respond.

Determining

6.15 If no representations are received in relation to the application within the relevant time period for consultation, the steps in the operating schedule will become enforceable licence conditions and the licence will be issued.

6.16 If relevant representations are received within the relevant consultation period, in most cases a hearing before the licensing sub-committee will be held. In the case of a minor variation application there is no right to a hearing and the licensing authority will take any relevant representations into account in arriving at a decision.

6.17 The sub-committee must, having regard to the representations, take steps as it considers appropriate to promote the licensing objectives. These may include refusing the application, accepting the application in its current form without any changes, or adding or modifying the conditions proposed in the operating schedule.

7.1 Applicants will need to provide evidence to the Licensing Authority that, in respect of each of the four licensing objectives, suitable and sufficient measures, as detailed in their operating schedule, will be implemented and maintained, and will be relevant to the individual style and characteristics of their premises and events.

Prevention of crime and disorder

7.2 The Licensing Authority will expect to see evidence that the following specific matters that impact on crime and disorder have been addressed in the operating schedule of the premises:

• the capability of the person who is in charge to run the premises during trading hours or when regulated entertainment is provided to effectively and responsibly manage and supervise the premises, including associated open areas
• the steps to be taken in the absence of the designated premises supervisor to effectively manage the business
• the steps taken or to be taken to ensure that appropriate instruction, training and supervision is given to those employed or engaged in the premises to prevent incidents of crime and disorder
• the measures taken or to be taken to raise staff awareness and discourage and prevent the use or supply of illegal drugs on the premises
• the policies that have been determined in respect of adoption of appropriate existing and future best practice guidance (for example Safer Clubbing, the National Alcohol Harm Reduction Strategy Toolkit, and so on)
• any arrangements which the licence holder proposes to work in partnership with the council, police and other traders in establishing a method of co-ordinating closing times to prevent crowds emerging from premises at the same time and to prevent migration between premises with different closing times
• any appropriate additional measures taken or to be taken for the prevention of violence or public disorder
• the measures taken to identify and prevent spiking of drinks (including staff training, anti-spiking devices (for example drink covers), duty of care for affected individuals and clear incident reporting procedures)
• the measures and policies in place for taking robust and positive action to prevent drug use or supply on their licensed premises. Licensees should implement a zero-tolerance approach to drug use or supply on their premises and ensure that there are clear policies in place at all times to enable staff and contractors to identify and to tackle drug use or supply by any person on the premises and should adhere to the Licensed Premises Drugs Protocol which sets out the expectations of Northumbria Police and Gateshead Council.
• the steps taken to identify and prevent the sale or storage of illicit goods such as illicit alcohol and tobacco, counterfeit products and goods not complying with UK safety standards. The policy encourages responsible authorities (like Trading Standards and the Police) to take action where such goods are found on licensed premises.

7.3 The above matters needing to be addressed will be dependent on the individual style, characteristics and location of the premises, and proposed events and activities. In general, however, the Licensing Authority will expect more comprehensive measures to be in place at late-night entertainment venues, and at festival or dance-type events or in premises with a history of crime and disorder issues.

7.4 In such premises, appropriate additional measures taken or to be taken for the prevention of violence or public disorder may include:

• provision of effective CCTV both within and around premises
• employment of SIA-licensed door staff
• provision of toughened or plastic glasses
• procedures for risk assessing drinks promotions and events such as 'happy hours' for the potential to cause crime and disorder and plans for minimising such risks

7.5 The Licensing Authority will have particular regard to representations from the Police in deciding whether the above issues have been adequately addressed. It will not normally grant an application where representations indicate a potential negative impact on crime and disorder, unless the applicant can demonstrate compelling reasons why the application should be approved in the light of these concerns.

Public safety

7.6 The Licensing Authority will expect to see that applicants have considered the impact that the following factors may have on public safety:

• the occupancy capacity of the premises
• the age, design and layout of the premises, including means of escape in the event of fire
• the nature of the licensable activities to be provided, in particular the sale or supply of alcohol, and/or the provision of music and dancing and including whether those activities are of a temporary or permanent nature
• the hours of operation (differentiating the hours of opening from the hours when licensable activities are provided, if different)
• customer profile and vulnerability (for example age, being alone, the presence of alcohol or drugs, state of mind, the presence of an offender)
• the use of special effects such as lasers, pyrotechnics, smoke machines, and so on
• compliance with Martyn's Law (Terrorism (Protection of Premises) Act 2025) where applicable

7.7 The Licensing Authority expects that, where appropriate, licensees will adopt an initiative or policy (such as, for example, Ask for Angela or Shout Up) aimed at helping people who feel unsafe or vulnerable in licensed venues, especially in nightlife settings, and which includes the training of staff to spot signs of inappropriate behaviours and to respond effectively to requests and reports from victims.

7.8 The following examples of control measures are given to assist applicants who may need to take account of them in their operating schedule, having regard to their particular type of premises and or activities:

• suitable and sufficient risk assessments
• effective and responsible management of the premises
• provision of a sufficient number of people employed or engaged to secure the safety of the premises and patrons
• appropriate instruction, training and supervision of those employed or engaged to secure the safety of premises and patrons
• adoption of best practice guidance (for example Guide to Fire Precautions in Existing Places of Entertainment and like premises, The Event Safety Guide, Safety in Pubs published by the BBPA, and the Safety Guidance for Street Arts, Carnival, Processions and Large Scale Performances published by Independent Street Arts Network)
• provision of effective CCTV in and around premises
• provision of toughened or plastic drinking vessels
• implementation of crowd management measures
• proof of regular testing (and certification where appropriate) of procedures, appliances, systems and so on pertinent to safety

Prevention of public nuisance

7.9 The Licensing Authority interprets 'public nuisance' in its widest sense, and takes it to include such issues as noise, light, odour, litter and antisocial behaviour, where these matters impact on those living, working or otherwise engaged in normal activity in an area.

7.10 The Licensing Authority will normally apply stricter conditions, including controls on licensing hours, where licensed premises are in residential areas. Whilst the licensing authority will seek to ensure the four licensing objectives are promoted by licensed premises in Gateshead, it is acknowledged that conditions can only be imposed that seek to manage the behaviour of customers that fall within the control of the licensee.

7.11 The Licensing Authority will expect to see that applicants have considered the impact that the following factors may have on the potential for public nuisance:

• the location of premises and proximity to residential and other noise sensitive premises
• the hours of opening, particularly between 23:00 and 07:00 hours
• the nature of activities to be provided, including whether those activities are of a temporary or permanent nature and whether they are to be held inside or outside premises
• the design and layout of premises and in particular the presence of noise limiting features
• the occupancy capacity of the premises
• the availability of public transport
• 'wind down period' between the end of the licensable activities and closure of the premises, that is, allowing patrons to remain in the premises for a period after licensable activities have ceased, so that people do not disperse en masse
• last admission time

7.12 The following examples of control measures are given to assist applicants who may need to take account of them in their operating schedule, having regard to their particular type of premises and or activities:

• effective and responsible management of the premises
• appropriate instruction, training and supervision of those employed or engaged to prevent incidents of public nuisance for example to ensure customers leave quietly
• operating hours for all or parts (for example garden areas) of premises, including such matters as deliveries
• adoption of best practice guidance (for example Good Practice Guide on the Control of Noise from Pubs and Clubs, produced by the Institute of Acoustics, Licensed Property: Noise, published by BBPA)
• installation of soundproofing, air conditioning, acoustic lobbies and sound limitation devices
• management of people, including staff, and traffic (and resulting queues)
• liaison with public transport providers
• siting of external lighting including security lighting
• management arrangements for collection and disposal of litter
• effective ventilation systems to prevent nuisance from odour

Protection of children from harm

7.13 The licensing regime has a fundamental role in the protection of children from harm. This includes moral, psychological and physical harm and applicants are expected to provide sufficient detail in their operating schedules to demonstrate the measures, policies and procedures by which children will be protected from harm. For the purposes of the policy a child is anyone under 18 years old.

7.14 A vision of an alcohol-free childhood for the Gateshead population aligns to the Health and Wellbeing Strategy policy objective to enable all children, young people and adults to maximise their capabilities and have control over their lives. The vision is that every child should be free from:

• the impact of other people's drinking
• commercial, social and environmental pressure to drink
• health and social harms caused by drinking alcohol themselves
• be supported and encouraged to make healthy positive lifestyle choices as they enter adulthood

7.15 In relation to licence applications or temporary event notices where the application relates to children specific premises such as schools or youth centres, or activities aimed primarily at families with children, it is expected that applications should be considered through a lens of promoting an alcohol-free childhood.

7.16 Licensees will be expected to operate, advertise and enforce an effective age verification policy such as Challenge 25.

7.17 Licensees should be aware of proxy sales which is a term used to describe the purchase of alcohol on behalf of children. Licensees selling alcohol must also take steps to prevent proxy purchase, such as monitoring activity in and around the premises using CCTV or by regular and recorded patrols. Staff must be trained and reminded of their responsibilities in relation to the issue.

7.18 Applicants should expect to receive objections in respect of the protection of children from harm, and licensees should expect their licence to be reviewed, where:

• there have been convictions for serving alcohol to minors or the premises have a reputation for facilitating underage drinking
• there is a known association with drug taking or dealing
• there is a strong element of gambling on the premises
• entertainment of an adult or sexual nature is commonly provided

7.19 Licensees will be expected to prevent children from viewing films that are unsuitable because of the age classification of the film that has been imposed by the British Board of Film Classification or the Licensing Authority.

7.20 Anyone intending to provide staff for the supervision of activities for under 18s will be expected to carry out enhanced criminal record checks on all such persons, and to keep a register which should be available to the Police or authorised council officer on request. Applicants who do not put these measures in place should expect objections to be made to their application.

7.21 Where applicants intend to provide any age-restricted goods or services, it is expected that they will apply the same standards of age verification in respect of all age-restricted goods or services, that staff will be regularly trained, and that appropriate records are kept of training and refusals.

7.22 It is expected that licensees consider the positioning of alcohol in premises and do not locate alcohol directly next to products aimed at children.

8.1 It has been the experience of this Licensing Authority over the last 20 years since the Licensing Act came into force that there are certain types of licensable activity that tend to require a greater degree of control or a particular emphasis on certain control measures in order that the licensing objectives are effectively promoted.

Adult entertainment

8.2 The term 'adult entertainment' is not defined in the Licensing Act, but it is taken in this policy to refer to activities and forms of entertainment that may be unsuitable for children to participate in or to observe. Common examples of adult entertainment include striptease, lap dancing and other forms of dancing or entertainment with a sexual content. Other types of activity may also be 'adult entertainment' such as the showing of films that have been certified '18', total fighting, mixed martial arts, and demonstrations and participation in activities containing elements of bondage, discipline, domination, submission, sadism and/or masochism. This list is clearly not exhaustive, and the Licensing Authority will consider each application on its merits.

8.3 Although adult entertainment is permitted by the Licensing Act, it is necessary that licensees set out details of the activities they intend to take place in their operating schedule, so that the Licensing Authority, responsible bodies and others may take appropriate steps to ensure that the Licensing Objectives are not undermined. As such, it is important that applicants complete box 'N' of their application form, and provide as much detail as possible regarding the nature of the proposed activities.

8.4 If applicants do not complete box 'N' it is the policy of this Licensing Authority to impose a condition on the licence or certificate (if issued), consistent with the operating schedule, that prohibits adult entertainment at the premises. If licensees or certificate holders are then found to have provided adult entertainment in breach of this condition, they may be prosecuted and/or the licence or certificate may be reviewed, which could lead to the imposition of further conditions, suspension or revocation.

8.5 Applicants and licence or certificate holders are advised to consider the nature of the activities they wish to take place at their premises in line with the guidance notes to box 'N' of the application form.

Sex-related entertainment

8.6 In 2010 Gateshead Council adopted Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 in respect of the regulation of sex entertainment venues and implemented a policy regarding the regulation of these venues. Applicants or licensees seeking to provide sex-related entertainment should have regard to that policy.

8.7 The Licensing Authority will give detailed consideration to the implications on the Licensing Objectives of any applications for entertainment involving nudity (whether full or partial) or any other sex-related entertainment.

8.8 Applicants wishing to provide sex-related entertainment are expected to make this clear on their application. Should they fail to do so without reasonable excuse, or make any false statement in their application, the Licensing Authority will consider this to be misleading as to the nature of the activities for which the licence/certificate is sought. That person may also commit an offence under section 158 of the Act.

8.9 Where premises wishing to provide sex-related entertainment are located near schools, places of worship, hospitals, youth clubs or other premises where significant numbers of children are likely to attend, it is likely that representations will be received. Applicants should be sensitive to the needs of interested parties, and should bear in mind that their licence/certificate may be reviewed, restricted or indeed revoked if it is determined that the activities are harmful to the Licensing Objectives.

8.10 The Licensing Authority will expect applicants to consider the following issues carefully in their operating schedules:

• ensuring that children are not admitted to and cannot witness these activities
• distance between performer and customer
• provision and maintenance of CCTV and storage of CCTV footage for extended periods
• pre-employment checks and ongoing DBS checks
• codes of conduct for performers and staff including supervisors and security
• rules of conduct for customers
• disciplinary measures for performers, staff and customers in the event of breaches of the above

Gambling

8.11 Certain licensed premises are able to conduct specified gambling activities pursuant to the Gambling Act 2005. Applicants and licensees who wish to conduct gambling activities should have regard to that Act, to Gateshead Council's Gambling Statement of Principles 2025-2028 (PDF, 531 KB) and to the relevant guidance produced by the Gambling Commission including Pubs and clubs toolkit and Guidance to licensing authorities - Automatic entitlement to two machines.

8.12 Premises with a valid on-premises alcohol licence have an automatic entitlement to make available two gaming machines of category C or D, provided certain conditions are met. It is expected that gaming machines are positioned so that they are in view of premises employees and that wherever gambling or gaming facilities are provided in licensed premises, all staff are trained to enforce the law and implement an appropriate age verification scheme in addition to maintaining refusals records and displaying signage. Licensees are encouraged to train their staff in relation to recognising and responding to harmful gambling or gaming.

8.13 Applicants and existing licensees or certificate holders should be aware that the presence of gaming machines in licensed premises is considered to be 'adult entertainment' and requires notification to the licensing authority in box 'N' of the application form otherwise they will not be permitted, as it is the policy of this licensing authority to add a condition, consistent with the operating schedule of each premises where box 'N' is not completed, prohibiting adult entertainment at the premises as set out in guidance note 8 of the respective application forms.

Film classification

8.14 Where the Licensing Authority is requested to classify a film for exhibition within the Licensing Authority's area, it will do so if the film has not been classified by the British Board of Film Classification, or such classification is not pending.

8.15 When an applicant submits a film for classification, they should provide a copy of the film to the Licensing Officer, and should indicate the rating that they consider appropriate. The Licensing Officer shall consult with Northumbria Police and the Local Safeguarding Children Partnership. The applicant should provide the copy of the film at least 28 days in advance of the proposed screening. If the applicant is unable to provide a copy of the film in DVD format or via a website then they should liaise with the Licensing Officer to arrange for a screening of the film for the relevant bodies as above.

8.16 The Licensing Authority shall have regard to any representations received from the Local Safeguarding Children Partnership and Northumbria Police. The Licensing Authority shall have regard to the classification standards applied by the British Board of Film Classification. The Licensing Authority shall also have regard to (but shall not be bound by) any classification given to the film by another Licensing Authority.

8.17 Where a relevant representation is received, the classification of the film shall be determined by a hearing of the Licensing Sub Committee.

Alcohol sales

8.18 It is expected that applicants will set out in their operating schedule the measures they will take to ensure that a written record is kept of all the names and addresses of persons who are authorised to sell or supply alcohol at all times, and that the written record is made available to Police and/or council officers immediately upon request.

8.19 It is expected that premises licensed for the sale of alcohol for consumption off the premises will adopt responsible marketing practices and concern may be heightened where alcohol is promoted in such a way as to encourage people to drink more than they would ordinarily do and in a manner that doesn't promote the licensing objectives, for example quantity-based discount promotions and display and promotion of alcohol products in multiple positions in a premises.

8.20 It is recognised that children and young people, and people in recovery are particularly impacted by alcohol advertising and it is expected that licensees take this into consideration when advertising the availability of alcohol particularly for premises near to schools, treatment services and other places serving people likely to be impacted by alcohol advertising.

8.21 It is expected that applicants who intend to sell or supply alcohol by delivery or collection of prepaid orders will include provision in their operating schedules to set out how they will:

• implement robust age verification procedures of at least a Challenge 25 standard at the point of delivery
• ensure that alcohol is not delivered to intoxicated persons
• ensure that alcohol is not delivered or served to a person who it is believed will pass it on to persons under 18 years old
• ensure that all sales are pre-paid only
• maintain records of all deliveries

8.22 It is also expected that applicants will:

• only deliver to residential addresses
• only stock delivery vehicles with alcohol that has been pre-ordered
• verify that the person that the alcohol is served to is the person who has ordered it
• only make sales where the purchase price is at least £25 and/or the minimum unit price of the alcohol is not less than £2 per unit

Petrol stations and garages

8.23 The Licensing Act prohibits the sale or supply of alcohol from premises used primarily as garages. Premises are used as a garage if they are used for one or more of the following:

• the retailing of petrol
• the retailing of derv
• the sale of motor vehicles
• the maintenance of motor vehicles

Takeaways

8.24 The Licensing Authority will generally not permit the sale of alcohol from takeaway premises. Applicants should consider and make reference to the details of the Public Space Protection Orders set out in section 5.18 of this policy. Takeaways operating within the night-time economy have the inherent potential for associated late-night alcohol-fuelled crime, disorder and antisocial behaviour and the difficulty of addressing such behaviour away from the premises.

Outside areas

8.25 Where premises include an outside area it is expected that the operating schedule will set out how the applicant will address:

• the provision of appropriate bins and other receptacles for litter generated by patrons
• measures to reduce the amount of noise generated by patrons, particularly late at night. This may include door supervision, closure of outside areas after a particular time, restricting re-admission to the premises after a particular time, and so on
• provision and placement of appropriate street furniture to prevent persons 'spilling out' onto public highway in the vicinity of the premises
• provision of CCTV covering entrances and exits, external areas, and surrounding public highways

Vaping

8.26 The Licensing Authority expects licensed premises to adopt clear and responsible policies regarding the use of vaping products on their premises.

8.27 Licence holders are encouraged to:

• clearly display signage indicating whether vaping is permitted or prohibited in specific areas of the premises
• consider the impact of vaping on other patrons, particularly in enclosed or shared spaces, and take steps to prevent nuisance or discomfort
• ensure staff are trained to manage vaping-related issues, including identifying underage use and responding to complaints
• support public health objectives by discouraging vaping in areas where children and young people are present
• comply with any local or national restrictions on the sale, promotion, or use of vaping products, including licensing requirements where applicable

8.28 The Licensing Authority may take into account the management of vaping within premises when considering applications, reviews, or enforcement actions, particularly where it relates to public safety, public nuisance, or the protection of children from harm.

9.1     It is expected that premises whose primary activity is off-licence sales will not normally be open between 23:00 and 07:00 hours. Applicants wishing to operate beyond 23:00 hours will need to demonstrate to the satisfaction of the Licensing Authority, in their operating schedule, that there will be no significant disturbance to members of the public living, working or otherwise engaged in normal activity around the premises concerned. Opening hours beyond 23:00 hours will generally be considered to be more acceptable for premises in commercial or tourist areas with high levels of public transport availability, rather than premises in predominately residential areas.

9.2     When considering applications, in respect of hours of operation, the Licensing Authority will take the following into consideration:

• whether the premises is located in a predominantly retail or entertainment area
• the nature of the proposed activities to be provided in the premises
• the proximity of premises to schools and youth clubs, play areas and so on so that applicants 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
• whether there are any arrangements to ensure adequate availability of hackney carriages and private hire vehicles and appropriate places for picking up and setting down passengers
• whether there is an appropriate amount of car parking, readily accessible to the premises, and in places where the parking and use of vehicles will not cause demonstrable adverse impact to local residents
• whether the operating schedule agreed with council officers indicates that the applicant is taking appropriate steps to comply with the licensing objective of preventing public nuisance
• whether the licensed activity, particularly if located in areas of the highest levels of recorded crime, may result in a reduction or increase in crime or antisocial behaviour
• whether the licensed activities are likely to cause adverse impact especially on local residents, and that, if there is a potential to cause adverse impact, appropriate measures will be put in place to prevent it
• whether there will be any increase in the cumulative adverse impact from these or similar activities, on an adjacent residential area

9.3     In the case of shops, stores and supermarkets selling alcohol, the Licensing Authority will normally expect the hours during which alcohol is sold to match the normal trading hours during which other sales take place, in order to reduce the potential for disturbance or disorder.

10.1   Operating schedules should set out the licensable activities that are intended to be carried out and how it is intended that this happens. Operating schedules should be sufficiently detailed and clear for interested parties and responsible authorities to understand how the applicant or licensee will promote the licensing objectives.

10.2   When considering the promotion of the licensing objectives, applicants and licensees should have due regard to the context of the locality that they seek to operate in, and be mindful of any particular concerns that relate to that locality.

10.3   For instance, applicants and licensees are expected to have regard to any local licensing guidance in respect of the locality they propose to serve.

10.4   Applicants are expected to ensure that their operating schedule enables the Licensing Authority, responsible authorities and interested parties to understand:

• what licensable activities are intended to be carried out
• when licensable activities will be carried out - that is, between what hours, on what days and at what times of year
• when the premises will be open to the public for non-licensed activities
• whether alcohol is intended to be sold for consumption off the premises (including where it will be delivered to customers)
• (where the sale or supply of alcohol is intended at premises with a premises licence) who the designated premises supervisor will be and what his or her address is
• what steps will be taken to promote the licensing objectives

10.5   It is recommended that applicants contact responsible authorities when preparing operating schedules to discuss any relevant concerns.

10.6    The proposals contained in the operating schedule will form the main body of the conditions to be applied to the licence.

11.1   Designated premises supervisors have an important role to play in ensuring that the measures to promote the licensing objectives that are set out in an operating schedule are put into practice on a day-to-day basis.

11.2   Where there is a requirement for premises to have a designated premises supervisor, it is expected that the person will be a key person related to the premises, so that matters arising can be dealt with as quickly as possible.

11.3   It is expected that a designated premises supervisor will have day-to-day responsibility for running the premises and will be present at the premises at least 50% of the time in a seven-day week that the premises are open for the carrying on of licensable activities.

11.4   Where the designated premises supervisor is not available at the premises for whatever reason, the Licensing Authority will expect an individual to be nominated as a point of contact who will have details of where the designated premises supervisor can be contacted.

11.5   Where there are problems associated with the running of a premises that stem from the DPS's performance of that role, they may be removed from the role by the Licensing Sub-Committee.

12.1   Whilst the Licensing Act sets out the regulatory framework that applies to all licensees, conditions can be added to individual licences to prescribe how the licensable activities are to be carried out having regard to all the relevant individual circumstances.

12.2   There are three types of condition:

• mandatory conditions imposed by the Secretary of State - applicants and licensees are expected to comply with the relevant mandatory conditions that apply to the activities they carry out, and to be aware that these mandatory conditions change from time to time. The Home Office issued guidance in respect of these mandatory conditions in October 2014: Guidance on Mandatory Licence Conditions
• conditions imposed voluntarily by the applicant or licensee - these conditions will be consistent with the applicant or licensee's operating schedule, although the wording may be amended to ensure clarity and enforceability. Applicants and licensees should note that in line with this Policy, in certain cases the Licensing Authority will assume unless informed otherwise that applicants are volunteering conditions. For instance, as above, where an applicant does not indicate an intention to provide adult entertainment by ticking box 'N' on their application form, it will be assumed that they are volunteering a condition not to provide adult entertainment at the premises
• conditions imposed at a hearing - the Licensing Sub-Committee may impose conditions on a licence where it considers it appropriate to do so. Any such conditions will be appropriate to the promotion of the licensing objectives and proportionate to the problems that the Sub-Committee find in relation to the premises

12.3   The Licensing Authority does not impose 'standard' conditions on licences, but there are certain factors that most premises that carry out certain licensable activities should take into account. A pool of model conditions is set out in Appendix 1, which applicants should consider when preparing their operating schedule.

Complaints about licensed premises

13.1   The Licensing Authority will investigate complaints about both licensed premises where licensable activities are taking place but not in accordance with the relevant authorisation; and unlicensed premises where licensable activities are taking place without authorisation.

13.2   Complainants will usually, in the first instance, be encouraged to raise the complaint directly with the licensee or business concerned, as this can often be the quickest and most effective way for the person carrying on the licensable activity to understand the negative impact of the activity.

13.3   Where appropriate, the Licensing Authority will initially endeavour to seek a resolution through informal means.

13.4   Where appropriate, the Licensing Authority may pass any complaint on for investigation by any other statutory agency under whose enforcement responsibility the complaint falls.

Failing to comply with the Licensing Act

13.5     The council delivers a wide range of enforcement services, aimed at safeguarding the environment and the community and at providing a 'level playing field' on which businesses can fairly trade. The administration and enforcement of the licensing regime is one of these services. The BRDO has published a Regulators' Code, which the council complies with. The council will base its enforcement activities around the principles of consistency, transparency and proportionality.

13.6   The enforcement policy proposes that a graduated response is taken where offences against licensing legislation are found or where licence conditions have been contravened. An isolated administrative offence may be dealt with, for example, by way of a written warning, whilst more serious offences which have either been committed over a period of time or which jeopardise public safety may result in a referral for prosecution.

13.7   The council will seek to work actively with the Police, Fire and Rescue Service, Trading Standards and any other relevant authority to enforce the licensing legislation. This may include carrying out test purchases, inspections of licensed premises, investigating complaints about licensed premises and investigating allegations of unlicensed premises. Such a partnership approach is intended to prevent duplication of effort, maximise the potential for controlling crime and disorder at premises, and to ensure compliance when relevant conditions are appropriate. Gateshead Council has approved the Northumbria Police Joint Enforcement Protocol, which will encourage a consistent approach to enforcement throughout the Licensing Authorities within the Northumbria Police area.

13.8   Inspections will take place at the discretion of the council and its partner agencies and will be concentrated on areas of need. A light-touch inspection regime will be employed for well-managed and maintained premises, with a targeted and graduated inspection and enforcement regime for problem and high-risk premises.

13.9   Where possible and appropriate, the Licensing Authority and its partner agencies will give early warning to licence holders of any concerns about problems occurring at premises associated with the licensing objectives.

13.10  The Licensing Authority will carry out its responsibilities for enforcement so as to promote the licensing objectives.

Reviews

13.11  Interested parties and responsible authorities may seek a review of a premises licence or club premises certificate if they believe that the current operation under the licence or certificate is harmful to one or more of the licensing objectives.

13.12  Where an application to review a licence or certificate is received by the Licensing Authority, it should be accompanied by any relevant supporting information, documentation, and so on. If the application is relevant, and (if made by an interested party) is not frivolous, vexatious or repetitive, a hearing before the Licensing Authority's Sub Committee will be held. Where appropriate the parties may be able to hold discussions with a view to reaching an agreement on steps that can be taken to improve the position.

13.13   When a hearing before the Sub Committee takes place, the Sub Committee will consider all relevant information presented to it, and decide what course of action is appropriate for the promotion of the licensing objectives. There are a range of responses that are open to the Sub Committee on a review application. The Sub Committee may:

• take no further action
• add or modify conditions on the licence or certificate
• exclude a licensable activity from the licence or certificate
• remove the designated premises supervisor
• suspend the licence or certificate for a period not exceeding three months
• revoke the licence or certificate

13.14  The review process is intended to enable the Licensing Authority to take appropriate timely measures to promote the licensing objectives in respect of individual premises. A review can take place even if it would be disproportionate to revoke a licence or certificate, as some lesser measure can be taken, as above.

13.15  Also, because the review process is intended to address the future conduct of the licence holder, a review can take place regardless of any other measures that may be open to the interested party or responsible body. For instance, if a licence holder is found to have sold age-restricted products to a minor, it is not necessary for a prosecution (or indeed a successful prosecution) to take place in respect of that sale before a review is brought, as the review would consider the steps appropriate to prevent future underage sales.

Summary reviews

13.16 The Police may request a summary review in serious cases of crime and disorder, and, in which case, within 48 hours of the application the Licensing Authority will consider whether any interim steps are required pending completion of the review process. This may include immediate suspension of the relevant licence.

Failure to pay annual fees

13.17  Once granted, holders of premises licences and club premises certificates must pay an annual fee to the Licensing Authority each year on the anniversary of the date that the licence was first granted. The fee is directly linked to the nondomestic rateable value of the premises.

13.18  It is the sole responsibility of the licence holder to ensure the annual licence fee is paid on time, with no obligation on the Licensing Authority to ensure they are reminded to do so. Therefore it is essential that all licence holders know when their annual fee is due.

13.19  The Act requires the Licensing Authority to suspend a premises licence or club premises certificate if the annual fee is not paid when it is due. If the annual fee has not been paid by the renewal date, the licensing authority will write to the licence holder or club premises certificate holder and advise of the exact date that the suspension will come into effect. A suspension ceases to have effect on the day on which the licensing authority receives payment of the outstanding fee from the licence or certificate holder.

14.1   The council has established a Licensing Committee to administer its functions under the Licensing Act 2003. Powers and functions have also been delegated to licensing sub-committees and officers in order to provide a speedy, efficient and cost-effective service to all parties involved in the licensing process.

14.2   Many of the decisions and functions are largely administrative in nature such as the grant of non-contentious applications, including for example those licences and certificates where no representations have been made. These will be delegated to council officers. All such matters dealt with by officers will be reported for information to the next Licensing Committee meeting.

14.3   Applications where there are relevant representations will be dealt with by the Licensing Committee or Sub-Committee - unless such representations are considered irrelevant, frivolous or vexatious or unless the Licensing Authority, the applicant and everyone who has made representations agrees that a hearing is not necessary (usually after successful mediation).

14.4   The table given below sets out the delegation of decisions and functions of the Licensing Committee, Sub-Committees and officers. The various delegations include delegation to impose appropriate conditions.

14.5   This scheme of delegations is without prejudice to the right of relevant parties to refer an application to a Licensing Sub-Committee or the full Licensing Committee if considered appropriate in the circumstances of any particular case.

14.6   Unless there are compelling reasons to the contrary, the Licensing Authority will require the Licensing Committee or any of its sub-committees to meet in public - although members can retire into private session to consider their decision. A public announcement of the decision will be made at the end of the hearing together with clear, cogent reasons for the decision having due regard to the Human Rights Act 1998, the four licensing objectives and all other legislation.

14.7   The Licensing Committee will be made up of 15 members and Sub-Committees of 3 who will hear any relevant representations from authorised persons, responsible authorities and interested parties in the form of a hearing.

14.8 Where a function is delegated to an officer, that officer will be responsible for liaising between the applicant, interested parties and the responsible authorities to ensure that any licence granted is subject to the appropriate conditions. Where objections are made then the officer will once again liaise with the applicant, interested parties and the responsible authorities to see if a 'settlement' is possible to overcome the objections without the need for the matter to go before the Sub-Committee.

14.9   The Sub-Committee will determine each case before it on its individual merits. However, in determining the application the Sub-Committee will consider:

• the case and evidence presented by all parties
• the promotion of the four licensing objectives
• guidance issued by Central Government
• the Licensing Authority's own statement of Licensing Policy

14.10  Delegation of functions:

15.1     This policy will come into effect on 7 January 2026 and will remain in force for not more than five years. During that time it will be subject to periodic reviews and further consultation.

15.2   The council is required to review its Licensing Policy statement every five years and will, in doing so, take into account the views of:

• members and relevant officers of the council
• Northumbria Police, Tyne and Wear Fire and Rescue Service and all of the other Responsible Authorities defined in the Act
• holders of premises and personal licences and club premises certificates
• local businesses, residents and representatives
• individuals and organisations with an interest in the regulations of licensable activities both locally and nationally

15.3   The council may, however, review the policy at any time within those five years should it consider it appropriate to do so.

15.4     Following consultation, any revisions to this policy will be published.

16.1   Further information about the Licensing Act 2003 and the council's Licensing Policy can be obtained from:

Compliance and Regulatory Services
Gateshead Council
Civic Centre
Regent Street
Gateshead
Tyne and Wear
NE8 1HH

0191 4334741
[email protected]

16.2    Information is also available from:

Home Office Direct Communications
Unit 2 Marsham Street
London
SW1P 4DF

0207 035 4848
[email protected]
The Home Office

Public information

16.3   The Register of Premises Licences and Personal Licence holders will be available for inspection by appointment during normal office hours.

These example conditions are designed to provide a guide to the wording of possible conditions relating to differing situations and are solely provided as a means of guidance.

Each application will be determined on its own merits and under no circumstances is any condition in the model conditions to be regarded as a standard condition and be automatically imposed.

Licensing conditions can be added to a premises licence or club premises certificate through inclusion in the operating schedule on an application or imposed by a Licensing Sub Committee following a hearing.

The Home Office guidance is that conditions must be necessary, proportionate, and justifiable to meet the licensing objectives. They should be written in a prescriptive worded format, clearly understandable and be enforceable. Please see GOV.UK: Revised Guidance issued under section 182 of the Licensing Act 2003 for further information.

When incorporated into the licence or certificate as a condition, those measures become enforceable under the law and a breach of such a condition could give rise to prosecution. To minimise problems and the necessity for hearings, it is sensible for applicants to consult with the responsible authorities when operating schedules are being prepared.

Prevention of crime and disorder

Staffing

1.     The premises licence holder shall ensure that at all times when the premises are open for any licensable activity, there are sufficient, competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence and for preventing crime and disorder.

2.     The licence holder and/or designated premises supervisor shall ensure that at least one personal licence holder is available on the licensed premises while the sale or supply of alcohol is being undertaken at the premises.

3.     Door supervisors shall be employed by the premises based upon a risk assessment carried out in relation to the following factors:

• size of the venue
• expected attendance
• type of event taking place
• location of the premises
• time of year
• special occasion (New Year, Halloween, local events and so on)
• premises licence conditions

4.     Any door supervisors on duty at the premises must be supplied by an SIA-Approved Contractor Scheme company.

5.     The premises licence holder shall ensure that on each day that door supervisors are engaged for duty at the premises, their details (names and licence numbers) are recorded in an appropriate book kept at the premises.

6.     The licensee and designated premises supervisor shall ensure that there are effective management arrangements in place to enable them to know how many persons there are in the premises at all times when the premises are open for a licensable activity.

Bottles and glasses

7.     No customers carrying open or sealed bottles shall be admitted to the premises at any time that the premises are open to the public.

8.     The premises licence holder shall ensure that no customers will take glasses or open bottles from the premises.

9.     Drinks sold at the premises to be consumed in the garden, yard or other outside area will be provided in plastic containers. All bottled drinks will be decanted into the plastic containers.

10. Bottle bins shall be provided at the exit doors and staff shall show due diligence in preventing bottles and glasses being taken from the premises.

CCTV

11. A CCTV system shall be designed, installed and maintained in proper working order, to the satisfaction of, and in consultation with, Northumbria Police. Such a system shall:

• be operated by properly trained staff
• be in operation at all times that the premises are being used for a licensable activity
• ensure coverage of all public entrances and exits to the premises
• ensure coverage of such other areas as may be required by the licensing authority and Northumbria Police
• provide continuous recording facilities for each camera to a good standard of clarity. Such recordings shall be retained (electronically or digitally) for a period of 31 days and shall be supplied to the Licensing Authority and Northumbria Police on request
• have a member of staff capable of operating the CCTV system and downloading images at the premises at all times that the premises are open to the public

Police initiatives

12. The premises shall support local crime prevention initiatives and clearly display crime prevention notices or give advice that supports current crime and disorder patterns.

13. No beers, lager or cider will be sold above 6.5% ABV.

14. The premises licence holder shall act upon any request from Northumbria Police to withdraw any brand or size of alcoholic drink for a period agreed by the Police and the licence holder. Such a request must be made by the Police acting reasonably and based on proper evidence that the sale of such products is detrimental to the licensing objectives. The request may only be made by an officer having the rank of Inspector or above.

Deliveries

15. Where purchases of alcohol can be made online, the website must state it is an offence to sell or supply alcohol to a person under 18 years of age and satisfactory photographic ID may be required at time of delivery.

16. No deliveries or collections relating to licensable activities at the premises will take place between the hours of [Insert: specify hours].

17. Deliveries shall only be made to the address indicated on the order.

18. Deliveries will only be made to bona fide business or commercial addresses or private residences and no or open spaces (for example car parks, street corners, bus stops or public parks)

19. Deliveries must be handed to the addressee or recipient and not left in a safe place for later.

20. Deliveries shall be refused to any person who is, or appears to be, intoxicated through alcohol or drugs, in which case the alcohol will be returned to the licensed premises.

21. The premises licence holder must instruct delivery riders and drivers not to cause a noise nuisance when making deliveries or whilst waiting outside the premises for collections.

22. Customers must be instructed when placing the order that they will not be able to collect the order from the vehicle. All deliveries will only be made directly to the property address and customers will not be permitted to take orders from the vehicle.

23. The premises licence holder shall ensure that all employees of any third party engaged in the delivery of alcohol, that is, couriers, have also been trained by their employers regarding the Challenge 25 policy. This training should also be documented.

24. The premises licence holder shall ensure that all delivery agents they contract with adopt and participate in the applicant's policies and training, as set out at conditions above, or have their own appropriate policies and training in place that mirror or do not conflict with the applicant's.

25. The premises licence holder will ensure that a sticker is applied to all consignments of alcohol stating "Note to delivery service: this package contains age restricted products. Ensure recipient is over 18" (or similar wording to the same effect).

Staff training

26. All staff authorised to sell alcohol shall be trained in (delete as appropriate):

• relevant age restrictions in respect of products
• prevent underage sales
• prevent proxy sales
• maintain the refusals log
• enter sales correctly on the tills so the prompts show as appropriate
• recognising signs of drunkenness and vulnerability
• how overservice of alcohol impacts on the four objectives of the Licensing Act 2003
• how to refuse service
• the premises' duty of care policy, understanding and dealing with situations involving vulnerable people, and incidents of harassment; and how to report issues of modern slavery and trafficking
• action to be taken in the event of an emergency, including the preservation of a crime scene and reporting an incident to the emergency services
• the conditions in force under this licence

27. Documented records of training completed shall be kept for each member of staff. Training shall be regularly refreshed and at no greater than 6 [Insert: or specify] monthly intervals. Training records shall be made available for inspection upon request by a police officer or an authorised officer.

Preventing and dealing with drunkenness and vulnerability

28. The premises shall have a documented duty of care policy for managing intoxicated and vulnerable customers and dealing with incidents of harassment at the premises. The policy shall also include provision for persons refused entry to the premises who are also considered vulnerable by staff.

29. The premises shall display prominent signage indicating at any point of sale, at the entrance to the premises, in all areas where alcohol is located that it is an offence to sell alcohol to anyone who is drunk.

30. A personal licence holder must be present at the premises to supervise all sales of alcohol.

31. There shall be no sale of alcohol spirits in vessels smaller than and including 10CL.

32. The premises shall provide facilities for customers to securely recharge their mobile phones.

33. The premises shall have a written drugs policy. This will detail the strategies to minimise the use and supply of illegal drugs within the premises. The drugs policy shall include a structured training policy for all staff covering the issues of misuse of drugs in relation to licensed premises. Records must be kept showing members of staff who have taken the training.

34. The premises shall have a written drug policy. This will entail an agreed procedure for the handling and retention of any article seized.

Dispersal

35. The dispersal of customers from the premises must be managed in accordance with the following:

• clear and legible notices must be prominently displayed at all exits requesting customers to respect local residents and leave the area quietly
• public announcements requesting customers to leave quietly to minimise disturbance to nearby residents
• a [Insert: specify minutes] period where [Insert: music volume is reduced / lighting increased / alcohol sales cease]
• a suitable member of staff or a door supervisor(s) will be visible at each public entrance or exit to control the dispersal, to remind people to leave quietly, and to prevent patrons from re-entering the premises, and shall deter customers from using private hire vehicles without a prior booking

36. All drinks and glass vessels must be removed from patrons as they leave to ensure no glass leaves the premises.

Preventing underage sales

37. The Challenge 25 scheme must be operated to ensure that any person who appears to be under the age of 25 shall provide documented proof that he or she is over 18 years of age. Proof of age shall only comprise a passport, photo card driving licence, an EU/EEA national ID card or similar document, an HM Forces warrant card, a card bearing the PASS hologram, or any electronic or biometric age verification technology approved by the licensing authority.

38. The premises shall display prominent signage indicating [Insert either: at any point of sale, at the entrance to the premises, or in all areas where alcohol is located] that the Challenge 25 scheme is in operation.

39. The premises shall display prominent signage indicating [Insert either: at any point of sale, at the entrance to the premises, or in all areas where alcohol is located] that it is an offence to buy or attempt to buy alcohol for a person who is under 18 and for a person under the age of 18 to buy or attempt to buy alcohol.

40. A refusals record must be kept at the premises which details all refusals to sell alcohol. This record must include the date and time of the incident, the name of the staff member who refused the sale, and the reason the sale was refused. All entries must be made within 24 hours of the refusal. The record must be made available for inspection and copying within of a request by an officer of a responsible authority.

41. Maintain clear visibility through windows so that staff can clearly observe if alcohol purchased by adults is provided to young people (proxy purchasing).

42. All sales tills shall prompt the cashier making a sale of alcohol to verify that the customer is aged 18 or over (EPOS system)

Incident reporting

43. Any and all of the following incidents must be noted, including pertinent details and, as appropriate, reported promptly so that investigations can be made and action taken (delete as appropriate):

• alleged crimes reported to the venue or by the venue to the police
• ejections of patrons
• complaints received
• incidents of disorder
• seizures of drugs, offensive weapons, fraudulent ID or other items
• faults in the CCTV system, searching equipment or scanning equipment
• refusal of the sale of alcohol
• visit by a responsible authority or emergency service
• the times on duty, names and the licence numbers of all licensed door supervisors employed by the premises
• suspicious behaviour by patrons or members of the public close to a venue

44. Incident logs (which may be kept electronically) must be kept at the premises for at least six months and made available on request to the police or an authorised officer of the licensing authority.

45. The premises licence holder or and nominated individual shall regularly check the incident book to ensure all staff are using it.

46. Staff are to be provided with an unobstructed view of the area immediately outside the shop and entrance.

Prevention of public nuisance

47. A register of complaints shall be kept and made available to Police and local authority officers on request.

48. The licence holder shall erect and maintain clear and prominent notices displayed at all exits requesting the public to respect the needs of residents and to leave the premises and the area quietly.

49. A designated premises supervisor or a nominated representative shall keep written records of sound checks when live music, recorded music or amplified sound is taking place. Sound checks must be made inside and outside the premises at all entrance and exit doors to the premises and to walk outside around the premises on all sides where there are residential properties. The record must contain:

• date and time
• type of event
• name of person carrying out the sound check
• location of the check
• whether the person determined if the noise was set to a level as to cause a complaint
• action taken in relation to noise levels - being increased, decreased or no action

The noise must be assessed at the start of the event and at intervals no less than every one hour until the end of the event.

50. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises that gives rise to a nuisance.

51. All external windows and doors must be kept shut at all times when regulated entertainment is being provided. Doors may be opened for normal entrance and egress of people but must be shut immediately thereafter.

52. A noise limiting device shall be installed, fitted, and maintained as to control all sources of amplified music or speech at the premises to prevent noise nuisance to neighbouring properties. The noise limiter shall be set to maintain a maximum level which is agreed in writing with Environmental Health and amended as and when required to deal with any reported nuisance or complaint.

Light

53. In the absence of adequate daylight, any artificial lighting provided by the premises in any area accessible to the public shall be angled as to not cause a glare into any other premises or residential properties.

Litter and bottle disposal

54. Where the premises provide late-night refreshments for consumption off the premises, sufficient waste bins must be provided at or near the exits, to enable the disposal of waste.

55. Between the hours of [Insert: specify hours] no waste or glass bottles will be moved or deposited outside.

56. There shall be provided at sufficient regular intervals throughout the premises and grounds, litter bins which shall be emptied and waste removed on a frequent basis, and staff and attendants shall as far as reasonably practicable ensure that the public, members and guests do not litter.

Late night refreshment

57. Any hot food or hot drink provided after 11pm (late-night refreshment) under this licence must only be consumed on the premises.

Public safety

58. There shall be first aid equipment and materials available at the premises whilst the premises are trading.

59. Temporary electrical wiring and distribution systems shall not be provided without notification in writing being given to the council Environmental Health at least 10 days before the commencement of the work. The notification must explain the reasons for the temporary electrical measures and a date of the proposed removal of temporary electrical measures.

Special effects

60. Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used if 10 days' prior notice is given to the licensing authority where consent has not previously been given:

• dry ice and cryogenic fog
• smoke machines and fog generators
• pyrotechnics, including fireworks
• firearms (for example, blank-firing pistols)
• lasers
• explosives and highly flammable substances
• real flame
• strobe lighting

Large events

61. The premises licence holder must comply with the Event Management Plan submitted to and approved by Gateshead Council and no changes will be made to the Event Management Plan without the prior written consent.

Boxing and wrestling (including MMA and other combat sports)

62. The premises licence holder must comply with the Event Management Plan submitted to and approved by the Licensing Authority and no changes will be made to the Event Management Plan without the prior written consent of the Licensing Authority. The Plan must set out (but is not limited to):

• how fighters will be matched
• the measures that will be in place to ensure the safety and welfare of competitors, including medical facilities and qualified staff provision
• fighter details
• layout of the venue
• competition rules
• referee details including qualifications

Protection of children from harm

63. Children under 18 years will not be allowed access to the premises.

64. Persons under the age of 18 shall only be allowed to enter or remain on the premises prior to 21:00 hours each day, and only when accompanied by a responsible adult, and with the discretion of the designated premises supervisor.

65. The premises licence holder and designated premises supervisor shall comply with any reasonable measures required by the Licensing Authority from time to time relating to preventing the sale of alcohol to children.

66. A conspicuous notice shall be displayed on, or immediately outside, the premises, or immediately adjacent to the premises, which gives details of any restrictions relating to the admission of children to the premises.

67. Remove external alcohol advertising - for example pavement boards or posters that are visible from outside - in locations close to schools or other children-focused premises.

68. Create distance between alcohol products and products aimed at children.

69. Refuse to serve marketed 'alcohol free' drinks to under 18s, particularly those which are branded, for example Heineken 0.0, given the strong links between alcohol brand advertising and youth susceptibility to drinking.

70. Set aside 'alcohol free' spaces for families.

71. Display point of sale information highlighting CMO guidelines for children (available from Balance).

Adult entertainment

72. No entertainment or activity of an adult or sexual nature will take place within the premises.

73. No children under the age of 18 will be allowed on the premises whilst entertainment or activities of an adult or sexual nature take place within the premises.

In developing this Statement of Licensing Policy, Gateshead Council has consulted widely and given due consideration to the views of all those who responded to that consultation process.

Consultation took place with:

• the Chief Officer of Northumbria Police for the area
• Tyne and Wear Fire and Rescue Authority
• persons or bodies representing holders of premises licences
• persons or bodies representing holders of club premises certificates
• persons or bodies representing holders of personal licences
• persons or bodies representing businesses and residents in the area
• the Director of Public Health
• community safety partnerships
• trade associations
• general public and local members

to help ensure the policy reflects local priorities and concerns, especially around public health, crime prevention, and nuisance.

A summary of the responses received is set out below:

• Gateshead Council, Legal and Democratic Services
• Gateshead Council, Head of Community Safety, Emergency Planning, Prevention and Resilience
• Gateshead Council, Director of Public Health
• Gateshead Council, Economy, Innovation and Growth, Licensing Officers
• Fresh and Balance, Regulation Manager
• Gateshead Council, Women and Girls Committee
• Gateshead Council, Manager, Safeguarding Children Partnership
• British Beer and Pub Association
• 9 current licence holders