Statement of Licensing Policy - Licensing Act 2003 - 7 January 2026 to 6 January 2031

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.