Posted: Wednesday, 31 January 2018 @ 16:16
a brief overview of recent news affecting the alcohol entertainment and late
November 2017 the Government gave its response to the House of Lords Select
Committee report on the Licensing Act 2003. By all accounts the response was
defensive and negative, perhaps with a desire not to engage in extensive
legislation at a time when its focus is on Brexit? Needless to say Their
Lordships were not amused.
• The House of Lords
recommended that local government planning departments should take over the
licensing functions. In rejecting this the Government stated “we are focusing
on improving training and providing stronger guidance on how licensing hearings
should be conducted.”
• The Government also rejected
the recommendation that appeals should be heard by the planning inspectorate.
• The Government also rejected
the proposal that the requirement for applications to be advertised in the
newspaper be removed. The Government noted that many locals relied on such
adverts for notification of applications.
• There will be no substantial
changes to the licensing committee procedures.
• The Government said it will
not be introducing any new licensing objectives.
• EMRO (Early Morning restriction
Orders) legislation will not be repealed or varied.
• The Government will not be
changing the rules on the 30/70 revenue split for late night levies.
• Local authorities will not
be given new powers allowing themselves to object to TENs (Temporary Event
• There will be no change in the
immediate future to the existing fees.
• There will be no national
database for personal licence holders
.• But an ‘Agent of Change’ principle
will be introduced in the
revised section 182 guidance “to help protect both licensed premises and local
residents from consequences arising from any new built development in their
At present residents of new
developments are favoured when it comes to matters such as complaints of noise
and other nuisance from exiting venues, whether it is pub gardens or music
venues, often driving them out of business. In future it is intended that the “Agent
of Change”, whether it is the developer building new residential housing, or a
new venue of venue changing its operation in a way that increases nuisance, who
will be responsible for ensuring that the nuisance is neutralised.
The Government has also been quick to react to the introduction of a
Planning (Agent of Change) Bill by Labour MP John Spellar MP, by announcing in
the last few weeks that the “Agent of Change” principle will also be introduced
into planning law. The National Planning Policy Framework will be amended to
include specific mention of “Agent of Change”, backing up the changes made by
the Housing and Planning Act 2016. The Housing Secretary, Sajid Javid, has said that this will be
the subject of a consultation in the Spring. Hopefully this will provide better
protection for existing venues and halt in particular the rapid decline in
anyone needs to obtain a Basic Disclosure should note that those living in
England and Wales can no longer (from 31 January) apply to Disclosure Scotland. Individuals
living in England and Wales will be able to apply to DBS for a basic check via
www.gov.uk. Click here.
also possible to use a responsible
Organisation which has been registered with DBS. For a list click here.
on a lighter note the Government has indicated that it may extend licensing
hours for the Royal Wedding of Prince Harry and Meghan Markle, to allow people
to celebrate on the nights of Friday 18 and Saturday 19 May until 1am the
Blog by Nigel Musgrove
Nigel has been providing dispute resolution advice as a solicitor for over 35 years. As well as advising SMEs and business owners on disputes he also offers a specialist licensing law service. View profile
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