Licensing Act 2003
Liquor law underwent a major change with the passing of the Licensing Act 2003. This section of the site aims to offer guidance on the Act's application to clubs. To that end we have produced a detailed leaflet on the Act.
Since the introduction of the Licensing Act 2003 the Government has been constantly debating alcohol licensing issues but has rarely taken any positive action as far as Clubs and Associations are concerned. Nevertheless it pays to be up to speed on possible developments and indeed have your say.
We have commented on the published Report of the Independent Licensing Fees Review Panel, which can be found in the table below.
You can view our response to the Government's Consultation on Fee Levels and Temporary Events.
We have produced a leaflet providing general information on fee levels.
In order to be advised of the history, you can download the two mailshots that we sent out to clubs in 2004 and 2005.
In conjunction with the Central Council for Physical Recreation, we carried out a survey in order to obtain data from licensed clubs. You can still respond to that survey by dowloading the document and either posting or emailing it to the Legal Team. We have also reported on the results of the survey.
The CCPR conducted a further survey to obtain data to put to the Independant Licensing Fees Review Panel. With the aid of your response, the CCPR put Evidence to the Independent Licensing Review Panel. This document can be download from the table below.
March 2011 Update:
In 2010 the Home Office conducted a public consultation exercise on the rebalancing of the Licensing Act. its response to the consultation can be found at http://www.homeoffice.gov.uk/publications/consultations/cons-2010-licensing-act/responses-licensing-consult
Many of the proposals outlined in the Rebalancing the Licensing Act consultation are being taken forward in the Police Reform and Social Responsibility Bill, which was introduced on 1 December 2010. You can read more about the progress of the Bill at http://services.parliament.uk/bills/2010-11/policereformandsocialresponsibility.html
October 2010 Update:
Mandatory licensing conditions
These have been introduced by the Home Office under the Policing and Crime Act 2009. From 1st October licensed premises must:
- have an age verification policy in place that is ID requirements from anyone who looks underage; and
- offer smaller drinks measures.
September 2010 Update:
The Central Council for Physical Recreation (‘CCPR’), intends to use the Home Office proposed rebalance of the Licensing Act to request that Government treat sports clubs differently from commercial premises. In order to strengthen its case the CCPR have requested case studies from clubs which may have suffered financially due to the increased costs of the 2003 Licensing Act and which will undoubtedly suffer further costs if the Home Office proposals are implemented. If you have examples kindly forward them to mandy.peters@rya.org.uk for onward transmission to CCPR.
July 2010 Update:
Responsibility for the Licensing Act 2003 (except for regulated entertainment) has transferred from the Department of Culture, Media and Sport to the Home Office and it appears to be wasting no time in asserting a hard line against alcohol disorder as it is Consulting on increased powers for local authorities to tackle alcohol disorder. The Consultation, which closes on 8th September 2010, can be found at http://www.homeoffice.gov.uk/crime/alcohol-licensing/
The Consultation contains radical propoals in a so called attempt to empower individuals, families and local communities to shape and determine local licensing, such as:
a) Give licensing authorities the power to refuse license applications or call for a license review without requiring relevant representations from a responsible authority.
b) Remove the need for licensing authorities to demonstrate their decisions on licenses ‘are necessary’ for (rather than of benefit to) the promotion of the licensing objectives.
c) Reduce the evidential burden of proof required by licensing authorities in making decisions on license applications and license reviews.
d) Increase the weight licensing authorities will have to give to relevant representations and objection notices from the police.
e) Simplify Cumulative Impact Policies to allow licensing authorities to have more control over outlet density.
f) Increase the opportunities for local residents or their representative groups to be involved in licensing decisions, without regard to their immediate proximity to premises.
g) Enable more involvement of local health bodies in licensing decisions by designating health bodies as a responsible authority and seeking views on making health a licensing objective.
h) Amend the process of appeal to avoid the costly practice of rehearing licensing decisions.
i) Enable licensing authorities to have flexibility in restricting or extending opening hours to reflect community concerns or preferences.
j) Repeal the unpopular power to establish Alcohol Disorder Zones 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.
k) Substantial overhaul of the system of Temporary Event Notices to give the police more time to object, enable all responsible authorities to object, increase the notification period and reduce the number that can be applied for by personal license holders.
l) Introduce tougher sentences for persistent underage sales.
m) Trigger automatic licence reviews following persistent underage sales.
n) Ban the sale of alcohol below cost price.
o) Enable local authorities to increase licensing fees so that they are based on full cost recovery.
p) Enable licensing authorities to revoke licenses due to non-payment of fees.
q) Consult on the impact of the Mandatory Licensing Conditions Order and whether the current conditions should be removed.
June 2010 Update
The new Coalition Government has announced that it intends to carry out a wholescale review of the Licensing Act 2003. We hope to have a better of idea of what this may entail for clubs over the coming weeks and months, rest assured we will keep you updated.
April 2010 Update
Mandatory licensing conditions
These have been introduced by the Home Office under the Policing and Crime Act 2009. From 6th April 2010 licensed premises are required to:
- offer free tap water;
- ban irresponsible drinks promotions (but just what will constitute ‘irresponsible’ drinks promotions? The Home Office has provided some examples but clearly there will be border line cases and varying interpretations by local authorities and police forces thereby undermining the concept of ‘consistency’); and
- not dispense alcohol direct into the mouth.
From 1st October licensed premises must:
- have an age verification policy in place that is ID requirements from anyone who looks underage; and
- offer smaller drinks measures.
Guidance as to what constitutes irresponsible drinks promotions is now available from the Department for Culture Media and Sport and can be downloaded from its website www.culture.gov.uk
March 2010 Update
The Government consulted on proposed further simplifications to the Licensing Act – which include changes to the notification of temporary event notices (TENs). Government’s proposal was to simplify the requirements for the revision of licensing statements; interim authority notices or applications for reinstatement on transfer following the death, incapacity or insolvency of the licence holder; and the notification of temporary event notices.
However, because of supposedly significant opposition to the proposal to simplify the requirements for TENs the DCMS has stated that it will take another look at the proposals. Likewise the proposal to abolish the requirement for local councils to publish three year revision of their licensing policies has also been put on the back burner.
July 2009 Update
Minor Variations
The Minor Variations procedure came into effect on 29th July 2009. The adoption of the Minor Variations Order was delayed due to the concern of the Lords and the Commons that substantial variations could possibly slip through the net.
The procedure is no longer the simple notification process originally intended but rather requires clubs to post a white notice on the club premises for ten consecutive working day and allows the Licensing Authority to consult with appropriate responsible authorities.
The Licensing Authority will have 15 days to determine a club’s application, however, if it does not do so within that time period the application will be rejected and a club will have to re-apply.
The one saving grace for clubs is that the application itself is £89 (which is unsurprisingly higher than originally suggest) and that they will save on the costs of advertising, as there is no requirement to advertise a minor variation in the newspaper.
The genesis of the proposal was to ensure a costly variation procedure would not be required where minor changes do not impact adversely on the licensing objectives, for example, a small variation to the layout of the premises.
Licensing Authorities will decide whether a variation is minor within the broad parameters of the promotion of the licensing objectives and having regard to the Statutory Guidance made under the Act.
Variations to licensing hours are excluded from the minor variations process and must therefore proceed via the full variation route.
May 2009 Update
Consultation on the New Code of Practice for Alcohol Retailers
Clubs may wish to have a look at the Home Office’s latest consultation on the New Code of Practice for Alcohol Retailers; which proposes a set of mandatory conditions and a second set of tougher (discretionary) conditions which can be imposed by Licensing Authorities in certain circumstances.
The consultation closes on 1st August 2009 and can be downloaded from the Home Office website www.homeoffice.gov.uk or by emailing alcohol.consultation@homeoffice.gsi.gov.uk
The Government is also currently conducting a six week workshop tour in order that people within the industry (e.g. licensees/police/council representative) can have their say on the mandatory alcohol retailing code. Visit www.alcoholconsultation.co.uk for details of the various workshops.
Summer 2008 Update
Minor Variations Consultation
The Government consulted on proposals to amend the Licensing Act 2003 to streamline the system for varying licences. The closed Consultation can be downloaded from the Department of Culture, Media and Sport website (see Elsewhere on the Web).
The Consultation sought views on two proposals, namely: 1) a new and simplified process for making minor variations to premises licences and club premises certificates; and 2) removal of the requirement for a Designated Premises Supervisor and personal licence for community halls.
Under the proposals a costly variation would not be required where minor changes do not impact adversely on the licensing objectives, for example, a small variation to the layout of the premises.
The proposed application fee has been set at £73 per appliation; the current requirements on advertising would be removed for minor variations. Licensing Authorities will be left to decide whether a variation is minor within the broad parameters of the promotion of the licensing objectives and having regard to the Statutory Guidance made under the 2003 Act. Variations to licensing hours are excluded from the minor variations process and must therefore proceed via the full variation route.
Whilst there are two draft Statutory Instruments dealing with Minor Variations and Supervision of Alcohol Sales in Church and Village Halls, these have not yet made their way onto the Statute book.
NORTHERN IRELAND
Liquor licensing reform
Licensing law reform is, unsurprisingly, on the agenda for Northern Ireland. It appears that the proposals differ slightly from England and Wales, for example, revocation of the financial controls and accounts formats for registered clubs in favour of best practice guidance; opening hours may be extended up to 2am Monday to Saturday (no extensions permitted on a Sunday); possible abolition of surrender. The new rules are to subject to staggered implementation between 2007 and 2009.
August 2007 Update
The Independent Fees Review Panel published its report in January 2007. The report covers a number of issues and we understand that the new Licensing Minister, Gerry Sutcliffe hopes that Government will be in a position to provide a response to the report by the end of the summer. Any proposals will then undergo a full public consultation. It may well be another year before we are advised of a single payment date for the annual renewal of licences!
Guests Update
The Guidance issued under the Licensing Act 2003 has been revised. Within the revised Guidance there is a very helpful section dealing with the issue of Club members and their guests. For the sake of flexibility, the Act does not define a 'guest' but advises that the 'manner in which they are admitted as 'guests' would be for the Club to determine and to consider setting out in their own club rules'. A copy of this section from the Guidance can be downloaded from the table below. Alternatively you can obtain a full copy of the Guidance from the Department for Culture Media & Sport website.
Annual Fee Update July 2006
It may surprise you to learn that, whilst you may not yet be in receipt of your licence (due to Licensing Authority backlog), the time of year has arrived when you can expect to receive a bill for the annual fee. The Guidance Notes to the Act say fees should be paid on the anniversary of the licence s approval date. However, Licensing Authorities are divided and unfortunately licensees face a postcode lottery over when they have to pay annual fees. Some Licensing Authorities are setting the billing date at the time the licence was accepted, some on the anniversary of the Seconded Appointed Day (24th November 2005) and some Licensing Authorities, whilst sending bills out now, will not be seeking to enforce payment before 24th November.
The Department for Culture Media and Sport together with the High Level Review Group Independent Licensing Fees Review Panel are working towards a single payment date, which the Panel has suggested (in its interim report), could be 1 st October. However the Panel is not due to publish its full report until November of this year. In the meantime, if you do receive a bill you should liaise with your Licensing Authority as to the expected date of payment, which we would, in the circumstances, hope to be 24 th November.
Top Tip: Has your club received its Club Premises Certificate yet If so, we recommend that you read its contents very carefully checking for mistakes. We have learnt that many licences are being sent out from Licensing Authorities with incorrect details ranging from the wrong addresses to wrong conditions being attached. If the licence is technically wrong, it must be sent back for amendment. Similarly if it does not reflect what was agreed, either as a result of compromise over representations or at the hearing, the licence holder will want to have it changed. We understand that there may be thousands of licences that still have not been issued. The backlog at your Licensing Authority may be huge, if you have not received your licence, you should have, at the very least, received a letter from your Licensing Authority. If not, do contact them.
If we can be of any further assistance do contact the Legal Team Tel: 0844 5569519 email: legal@rya.org.uk
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