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Planning and Licensing
The Pollution Control Team are consulted on planning applications where there is a potential for pollution to be caused, and licensing of premises where required
This pro-active approach often allows problems to be identified and resolved prior to a development occurring. It is often much cheaper to 'design out' a problem in the first place then try to 'fix' it afterwards.
Comments and recommendations on planning applications are submitted to the Planning Services who may include them as conditions of the planning permission. The recommendations may cover:
- Internal layout of the development
- Sound insulation, including 'acoustic' glazing and complimentary ventilation schemes
- Noise assessments
- Permitted noise levels
- Contaminated land requirements
- Air Quality
We are consulted to ensure that recommendations made at the planning stage are incorporated into the design of the building.
The Licensing Act 2003, which came into force in November 2005, relates to 'Licensed Premises' and is underpinned by four objectives. The objectives are:
- The Prevention of Crime and Disorder
- Public Safety
- The Prevention of Public Nuisance
- The Protection of Children from Harm
Licensed premises, which includes 'land', are premises that wish to provide 'licensable activities' as defined by the Act. Proprietors of such premises are required to apply to the relevant Licensing Authority (which is part of the Local Authority where the premises are situated) for a 'Premises Licence' or 'Club Premises Certificate'. The types of premises requiring a Premises Licence under this legislation include pubs, nightclubs, open air venues and certain hot food takeaways. A Club Premises Certificate is required by private members clubs.
The Licensable activities are:
- The provision of regulated entertainment (i.e. plays, films, indoor sporting events, boxing/wrestling, live music, recorded music or the performance of dance)
- The provision of entertainment facilities (i.e. making music or dancing)
- The provision of late night refreshment
- The supply of alcohol
The Nottingham City Council is a 'Responsible Authority' under the Licensing Act 2003 and is consulted on all Premises Licence/Club Premises Certificate applications for premises that wish to operate within the Nottingham City Council district. As a Responsible Authority, the team considers the application with regard to the objectives of the Act, in particular the 'prevention of public nuisance' objective and the likely impact of noise from activities at the premises on residents, businesses and the general public in the vicinity. These duties are carried out by the Pollution Control Team.
The Licensing Authority is responsible for issuing all Premises Licences and Club Premises Certificates. However, where appropriate, the Pollution Control Team recommend conditions be imposed on a licence/certificate to ensure that the prevention of public nuisance objective can be realised.
Breach of a condition is an offence and may result in legal action being taken by the Licensing Authority or the Director of Public Prosecutions against the holder of the Premises Licence/Club Premises Certificate. Non-compliance with the objectives of the Act may result in an application for a 'review' of the licence/certificate. Such an application must be made to the Licensing Authority and can be made by a Responsible Authority or any other 'interested party'. Interested parties include residents, businesses and others which may be affected by activities at the premises.
An application for review will be heard by the City Council's Licensing Panel who may decide that the Licensing Authority carry out one or more of the following:
- Modify or add conditions to the licence/certificate
- Exclude a licensable activity from the licence/certificate
- Remove the Designator Premises Supervisor (a person named on the licence who is responsible for the day-to-day management of the premises).
- Suspend the licence/certificate for a period (not exceeding 3 months)
- Revoke the licence/certificate