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

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.