Government consultation announced on changes to Licensing Act
2003
The Government believes that the Licensing Act is due an
overhaul and they are seeking to introduce new measures through the
Police Reform and Social Responsibility Bill. A short
consultation period of six weeks is underway from today,
Wednedsay 28 July 2010, and includes, amongst other
things, radical proposals to ban below cost alcohol sales,
charging licensees operating late night venues additional fees to
meet the cost of policing, allowing councils to refuse applications
where no representations have been made and increasing the
opportunities for local residents to object by removing
the requirement to live within "the vicinity" of the licensed
premises.
Amazingly it also includes consultation on whether the mandatory
conditions which came into force in April 2010 should
remain!
It is no surprise that
the Minister states the measures are only to target those
irresponsible and poorly run licensed premises but in our view, on
first look it appears, yet again, to directly affect the entire on
and off trade. It is our view there are already sufficient
powers in the Act to deal with irresponsible premises.
The key changes to note include:
- making it easier for communities to have their say on local
licensing by allowing local authorities to consider the views of
the wider community, not just those living close to premises
- taking tough action against underage drinking by doubling the
fine to £20,000 for those found persistently selling alcohol to
children, extending orders that see premises closed on a voluntary
basis to a minimum of seven days and bringing in automatic licence
reviews for these problem premises – which can see licences
revoked
- charging a fee for late-night licences to pay for the cost of
extra policing and scrapping ineffective, bureaucratic and
unpopular Alcohol Disorder Zones
- ensuring policing and health concerns are fully considered so
that the impact of licensing on crime and disorder or public health
can be fully taken into account when assessing licence
applications
- increasing licence fees so that local councils can cover costs
linked to enforcement leaving premises to pay rather than the local
taxpayer
- tightening up rules for temporary licences by limiting the
number of Temporary Event Notices that can be applied for in any
one year - these are often used to get around the restrictions of
applying for a permanent licence
- introducing a ban the sale of below cost alcohol and consulting
on how this can be achieved.
You can
download the consultation document from the Home Office website
here. We are attending one of the hastily arranged Home
Office sessions on the 2 August 2010 in London, after which we will
publish a more detailed note on the proposals. It would be very
interesting to hear your views, which we would only be too happy to
express to the Home Office on your behalf.
You can
also view the initial response from the British Beer and Pub
Association.
