Licensees to pay the price of drug abuse?
Public Entertainment Licence (Drugs Misuse) Act 1997

This legislation is draconian in its operation and deliberately so. It was introduced to crack down on the use of drugs in, specifically, nightclubs, but also applies generally to premises with a Public Entertainment Licence (PEL).

If the Local Authority which granted the PEL is satisfied after receiving a report from the Police that there is a serious problem relating to the supply or use of controlled drugs at the place or at any place nearby which is controlled by the holder of the Licence they can refuse to renew or transfer the PEL They must be satisfied that in not renewing or transferring it will significantly assist in dealing with the problem. The Authority has to give reasons for refusal of the application to the holder of the PEL and, in the case of an application for transfer of the PEL, to the applicant. There is no opportunity for these persons to make representations to the Authority, until after the decision has taken place.

The Authority can also revoke the PEL, with immediate effect. If there is a Special Hours Certificate in force, this will also automatically lapse if the PEL is revoked. Although not originally included in the Act, there is now provision for a Special Hours Certificate to come back into force automatically if a PEL is reinstated.

 

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