Home Office consultation

The Home Office consultation on proposals to radically change the emphasis of the laws on licensing can be found here - the consultation expires on 8 September 2010 and we recommend that all operators should respond. Our take on the situation follows below:

The consultation expires on 8 September, after only a 6 week consultation period itself over the holiday month. That the Government’s own consultation criteria suggests a minimum of a 12 week consultation period should be  worrying enough but having attending one of their workshops this week, the licensed trade has even more cause for concern.  Of those attending the workshops, the trade representatives appear a very small minority. Licensing officers, representatives from the police and the health lobby are out in some force.  Legislation is promised for October.

The proposals are far reaching and include:

• The possibility of the licensing authority themselves becoming a responsible authority and thereby able to initiate a review on which they shall also be judge and jury
• Reducing the burden of proof upon them so that they do not have to be satisfied that any decision is ‘necessary’ for the promotion of the licensing objectives
• The possibility of the LA accepting all representations from the police and adopting all their recommendations on an application unless there is clear evidence that these are not relevant
• Allowing representations to be made to an application from anyone, by removing the requirement to show effect by living in the ‘vicinity’ of applicant premises
• Substantially removing the right of a re-hearing by magistrates on appeal and making the default position that the court remits the appeal back to the licensing authority to hear.
• Extending Early Morning Restriction Orders to reflect the needs of local areas. 
• The right for LAs to impose a late night levy in unspecified circumstances on premises operating ‘late’ with a debate on what that levy might cover
• Substantially amending and curtailing the effectiveness of TENs
• Extending the period of voluntary closure from 48 hours to a possible 7 days following two under aged sales within a 3 month period – with also the possibility of an automatic licence review to follow.

The list goes on.  Please do take the trouble to read the consultation – it is only 25 pages – and make your views known before 8 September.

In our view these are some of the most far reaching reforms of the licensing system, other that the reforms within the 2003 Act itself, and properly merit serious and balanced consideration. We do not believe that they are necessarily getting that consideration and would urge you to respond now.  If you require further clarification on the possible implications of the reforms for you, please do get in touch.

John Gaunt

John Gaunt & Partners
Licensing Solicitors
www.john-gaunt.co.uk
0114 2668664