Licensing Law Update - January 2010

This briefing note explains some new laws and other changes to look out for.

With election fever setting in the government is frantically trying to put its house in order, and also trying to stay one step ahead of the opposition when it comes to the issue of binge drinking. Minimum pricing does seem to be high on the agenda and a distinct possibility whichever party wins the election.

Electronic Licensing Applications

The necessary legislation was only passed on 3 December, and came into force on 28 December. But I suspect that many Licensing Authorities are still not geared up for electronic applications. Most make no mention of this possibility on their websites.

The electronic system will apply to most licensing applications and notifications such as applications for and variations of Premises Licences, and Temporary Event Notices, but it will not be possible to apply on-line for Personal Licences and renewal of Personal Licences, and reviews of Premises Licences. These will still have to be made in paper format.

The good news is that the government have seized the opportunity to sort out some of the red tape that made the process so tiresome and expensive. For example, with electronic applications it will be the Licensing Authorities who will have to copy some applications to the Responsible Authorities such as the police, fire authority, planning, and trading standards. This will make life a lot easier and cheaper for the applicant. Also they have been forced to look at the requirement for plans. Can you imagine trying to send a 1:100 plan electronically? So they have abandoned a scale requirement, and will insist that the plan must only be "clear and legible in all respects". The other good news is that the relaxation on plans will also apply to paper applications.

So how will this work? A central information portal will be established on the business link website www.businesslink.gov.uk. It will go by the name of Electronic Application Facility (EAF). Licensing Authorities can opt to set up their own portals, in which case there will be a direct link to them from the EAF. Of course an important part of the system will be the ability to pay on-line, as no application can be accepted unless and until payment is made.

I know that there will be teething problems with the new electronic process, and it might be wise to avoid it for the first few months unless in an emergency. It will be especially good for service of Temporary Event Notices which are quite simple to deal with.

Major changes from the end of January 2010

The Policing and Crime Act 2009 of November allows members of Licensing Authorities to object to applications and initiate a review of a Licence, gives power to the government to impose new mandatory conditions on Premises Licences and Club Registration Certificates, will make it an offence to sell alcohol to children on 2 occasions (currently 3 occasions) within 3 consecutive months (in addition to other offences), and will introduce a whole new regime for Sexual Entertainment Venues.

The following changes will come into force on 29 January 2010:

Allowing members of Licensing Authorities to object to applications and initiate a review of a Premises Licence or Club Registration Certificate
Making it an offence to sell alcohol to children on 2 occasions (currently 3 occasions) within 3 consecutive months
A new offence for under 18's of persistently possessing alcohol in a public place (3 or more occasions in 12 consecutive months)
Changes to the law on confiscation of alcohol from under 18's and directions to those aged 10 or over to leave a public place

More in store

So what else is the government addressing in "Johnny come lately style"? Well, they have issued a new consultation (responses by 9 February 2010) to address issues we have been complaining about for many years. Firstly they are proposing to allow 28 days rather than 7 days for the issue of an Interim Authority Notice after death or bankruptcy. Remember the Welsh pub which had to go dry for 2 months whilst they got a new Premises Licence because the grieving widow of the Licensee did not (understandably) get in the notice within 7 days of her husband's death? I and others said back in 2002 that this was bonkers and should be changed, but I suppose better late than never.

And the government have had a look at Temporary Event Notices, and propose that the Police should have 2 working days rather than 48 hours in which to object, and (hooray!) have proposed that even late Temporary Event Notices (less than 10 working days before the event) could still be allowed if the Police give permission.

And finally, the voices that have long been complaining that the Licensing Act 2003 has been killing music in pubs, have been listened to. There is a consultation running until 26 March proposing that live music will be exempt from the 2004 Act provisions for audiences of no more than 100. This would if implemented allow pubs, village halls, even cafes restaurants and record shops, to put on small scale live music events. But the performances must be indoor and between 8am and 11pm, and there would be a provision for objections in the case of specific venues.

It’s a case of watch this space to see the final result of the consultations and the impact of some of these changes.

Need advice?

For more information and advice on licensing law and the impact of these changes call Nigel Musgrove of Cousins Business Law on 01285 847001 or email Nigel here.

This article is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a free 30-minute telephone advice session to discuss your particular circumstances.

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