Posted: Thursday, 26 April 2012 @ 11:36
New and significant changes to the Licensing Act 2003 came into force on 25 April 2012, as a result of implementation of some parts of the Police Reform and Social Responsibility Act 2011. The remainder, including Early Morning Alcohol Restriction Orders, the Late Night Levy, and the power for licensing authorities to set their own fees, are likely to come into force in the autumn 2012 or spring 2013, as a major redrafting of the Statutory Guidance is required.
The changes are:
1. Licensing authorities and Health authorities become Responsible Authorities which means they are now able to object to new applications as well as take an existing Premises Licence to a formal Review.
2. Anyone, wherever they live or operate, are now able to object to a new application or take a Premises Licence or Club Premises Certificate to a Review, not just those "in the vicinity".
3. Licenisng Authorities have to advertise all applications on their websites.
4. a significant increase in the maximum fine for persistently selling alcohol to under age persons from £10000 to £20000
5. increasing the period of voluntary closure for persistent underage sales, as an alternative to a criminal conviction and fine, from 48 hours to a maximum of 336 hours (14 days)
6. when considering applications at a hearing it is no longer necessary for the licensing authority to establish before imposing conditions that they are necessary to prevent the licensing objectives being undermined, they will only have to decide that they are “appropriate”.
7. Temporary Event Notices have a new procedure for those (late notices) served no earlier than 9 working days and no later than 5 working days before an event, the current cut off being 10 working days for all Notices. The down side is that not only the police but environmental health may also object, and that for the first time conditions may be imposed on Notices.
Nigel Musgrove
Licensing Law Specialist
0845 003 5639
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