LICENSING ACT 2003 – 6 MONTHS ON

These comments relate, of course to the winter months and it remains to be seen what the impact may be in over the summer months to come. However, it is still more likely that good summer weather and the success of the England football team at a certain cup competition in Germany will have a far greater impact upon the night time economy, than any changes to the licensing laws

Most experienced commentators take the view that no accurate discernable trends will be available until the new scheme has been in operation for some 18 to 24 months.

What however is clear is that there is a more pro-active approach to enforcement visits which premises being “pulled” for any breaches of the terms of their licences and any failure to display the same. Additionally there is increasing attention to under-age sales with “sting” operations being mounted. Premises are commonly adopting a “Challenge 21” policy – or being required to do so – whereby anyone appearing under 21 is required to produce valid photographic identification.

As for the Lawyers, following a period of significant abnormal working (we re-licensed some 4000 premises and a similar number of individuals materially in the period July and August 2005), a degree of relative normality has taken over albeit with a different style of application being required to maintain the effective and proper management of the licensing state.

However, despite the upheaval experienced on all sides during 2005 another major legislative change is planned to take place in 12 months time. The proposed smoking ban will, as with last years licensing reform, have a major impact upon society as a whole and those solicitors working within licensing.

The intended smoking ban is due to be implemented in the Summer of 2007 (current indication) and the new priority which is rapidly developing is that of ensuring that licensed premises have an appropriate external facility (licensed as appropriate) to offer a continuing facility to those who, going forward, would otherwise be excluded from the inside of premises. This will inevitably lead to an analysis as to what are “wholly enclosed” and more difficult “substantially enclosed” areas, for which detailed regulations will not be published for sometime – but perhaps more of this on another occasion……..

As for the social and economic impact of a smoking ban, the evidence is limited. Despite a series of well publicised bans in New York, Ireland and most recently across Scotland, evidence is limited and an understanding of the impact is still impossible to gain.

With the social and economic impact of longer operating hours still undecided and the additional effects of the smoking ban unknown it may be many years before the true impact of the current batch of licensing reforms are understood. However, what is clear is that some of the more apocalyptic stories that circulated in the media at the outset of the new licensing regime have not been realised.

John Gaunt

John Gaunt & Partners

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