28 July 2010
By Iain R Loe
On the 28th July the Coalition Government launched a consultation on the 2003 Licensing Act for England and Wales which came into operation in 2005. Among the measures proposed are:
Expanding number of organisations who are consulted on impact of new/existing premises
Health bodies will be designated as a responsible authority, so they will be able to make representations about the impact of new or existing licensed premises on the local NHS and on general public safety. School governors, housing associations and registered social landlords will also be defined as interested parties able to make representations.
Abolish Alcohol Disorder Zones
Government plans to repeal the unpopular power to establish Alcohol Disorder Zones (ADZ) and allow licensing authorities to use a simple adjustment to the existing fee system to pay for any additional policing needed during late-night opening. No local authority has actually introduced an ADZ.
Introduce a Late Night Levy
The Government intends to legislate to enable licensing authorities to charge a late night levy to help pay for the cost of policing the local night-time economy, where this is deemed necessary. Local authorities will have some discretion over the amount that is charged. Government is considering a reduction for premises involved in "best practice" schemes e.g. Best Bar None.
Increase Licensing Fees
Local authorities will be able to increase the licence fees so that they are based on full cost recovery, including that to authorities of complying with tougher licensing regime as set out in these proposals.
Amend the rules for Temporary Events Notices
The rules for temporary events notices (TEN) would be tightened up. There would be discretion given to licensing authorities to apply existing licensing conditions for the period of a TEN when the applicant is already a licensed premises. The number of TENs that can be applied for would be limited.
Banning below-cost sales
Introduction of a ban on the sale of below cost alcohol; and consult how this can be achieved.
Commenting on the launch of the Consultation CAMRA Chief Executive Mike Benner said;
"The introduction of a flexible licensing system in 2005 successfully increased consumer choice whilst simultaneously giving greater powers to communities to object to poorly run premises. We hope that the new Government will build on the success of these changes which have enabled many thousands of community pubs to open slightly later on Friday and Saturday nights. CAMRA looks forward to submitting evidence showing the positive impact of the 2005 licensing changes, debunking the myth that has grown up surrounding 24 hour drinking and to oppose any changes that may unfairly penalise responsible drinkers and community pubs."
The Government is giving interested parties and individuals 6 weeks to respond to the consultation.
View the full consultation