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HOME OFFICE LICENSING REFORMS - update on implementation of any changes

The Institute of Licensing is reporting that the Home Office has confirmed that the proposed changes to the Licensing Act will not be brought into force until 2012 at the earliest.

This begs the question that if there is to be such delay in implementation of any proposals adopted, why the apparent unseemly haste of the consultation?

This news arises from concerns raised with the Home Office on behalf of Licensing Authorities about how the proposed changes to the Licensing Act contained in its consultation "Rebalancing the Licensing Act" will affect the statutory requirement to review licensing policy statements and have a revised policy in place by 7th January 2011 - a current obligation on all Licensing Authorities.

The Home Office have apparently confirmed that although the majority of the proposals in the Home Office consultation will be introduced via the Police Reform and Social Responsibility Bill - due to be introduced into Parliament in October - any changes to the Licensing Act 2003 will not be brought into force until 2012 at the earliest.

Update 21 September 2010 - the IOL is now reporting that LGR (Local Government Regulation) have been told by the Home Office that ‘implementation dates will be subject to Parliamentary passage of the Bill and the date for Royal Assent has yet to be confirmed. Whilst some of the proposed changes will be within the primary legislation, others will require secondary regulations and changes to the s182 guidance'. So much for clarity and certainty!