LICENSING NEWS
HSE Consultation on Event Safety Guide
A consultation on the proposals for the new HSG195 is out. Responses are due by 11th November. Click here for more infomation.Police Reform and Social Responsibility Bill has received Royal Assent
DCMS Proposes relaxation of the law requiring licenses for some premises and events
The intention is to remove the requirement for licences where music is played to an audience of less than 5000 and also remove the need for licences for cinemas, theatres and other premises. You can view the consultation by clicking on this linkPolice Reform and Social Responsibility Bill being considered
The bill proposes a number of significant changes to the licensing process. Throughout January and part of February, the Committee will meet to consider evidence before the Bill passes to the next stage. Click here for more details.Government Launch Consultation on relaxing licensing hours for the Royal Wedding
The Home Office has proposed to activate section 172 of the Licensing Act to mark an occasion of national significance. The consultation and further information can be found on the Home Office website.Information Commissioner's Office advice on CCCTV conditions on alcohol licences
ICO advises that CCTV installation and use should not be made a condition of an alcohol licence unless there is a justification for doing so. If there has been no history of crime or antisocial behaviour associated with the premises and no likelihood of future trouble, it is difficult to see how the installation of CCTV can be justified as a licensing condition to prevent crime or antisocial behaviour. Download the advice there
Major companies sign up to Primary Authority Scheme
28/10/2010
The latest partnerships to sign to the scheme are ;
• The Co-operative Group & Manchester City Council
• Sainsbury's & Cherwell District and Oxfordshire County Council
• Wetherspoons & Reading Borough Council
• Tesco & Dacorum Borough and Hertfordshire County Council
• Go Ape & Cheshire West and Chester City Council
• Status International & the West Yorkshire Trading Standards Service
Drinking Banning Orders on Conviction.
SI 2010/541 extends DBOs to Birmingham, Bristol, Burnley, Pendle and Rossendale, City of Westminster, Denbighshire, East Berkshire, Fenland, Grimsby and Cleethorpes, Gwent Hammersmith and Fulham, Kensington and Chelsea, Hartlepool, Lambeth and Southwark Manchester City, Mansfield, Merthyr Tydfil, Newcastle-upon-Tyne District North, East Derbyshire and Dales, North East Suffolk, North Kent, North Tyneside District, Northampton, Plymouth District, Sedgemoor, West Cornwall and West Hertfordshire from 1st November 2010Proposals for tough new measures to crack down on problem premises and more powers for local communities to influence licensing decisions have been unveiled by the government
For the full story, click here. 28/7/2010In the lead-up to the World Cup, some local authorities have issued guidance on licensing
An example on one such guidance note can be downloaded here. Licensees are warned to be on their guard to ensure that they comply with their existing licence conditions and in particular pay attention to the new Mandatory Conditions 9/6/2010Police use actors pretending to be drunk to trap bar staff
Police in Bexley have recently used actors pretending to be drink to attempt to purchase alcohol in ten pubs in the area. The actors were served in every single pub, despite the fact that the sale of alcohol to someone who is drunk. As the actors were not actually drunk, no prosecution can of course follow but the move could be used to initiate reviews in the future. Further 'stings' are planned for the world cup. 5/6/10European Court rule on noise from bar.
The decision emphasises the requirements that are placed on enforcing authorities to investigate cases where nuisance is being caused and to take action. In the UK, powers are provided not only to the local authority noise control officer, but also the Police. The case involved a situation where a bar was located in a shared-use building and operated from 7am to midnight every day. The Court held that whilst there was not an explicit right to a quiet environment, authorities must seek to protect Article 8 rights. 4/6/2010Changes to licensing proposed.
As expected, some of the reforms of licensing are very significant and will have a bearing on many existing licences, including:- A ban on the sale of alcohol below cost price.
- A review of alcohol taxation and pricing to ensure it tackles binge drinking without unfairly penalising responsible drinkers, pubs and important local industries.
- An overhaul of the Licensing Act to give local authorities and the police much stronger powers to remove licences from, or refuse to grant licences to, any premises that are causing problems.
- Powers to allow councils and the police to shut down permanently any shop or bar found to be persistently selling alcohol to children.
- A doubling of the maximum fine for under-age alcohol sales to £20,000.
- The power to permit local councils to charge more for late-night licences to pay for additional policing.
- Cutting red tape to encourage the performance of more live music.
New Minister for Licensing and Gambling announced
John Penrose, MP for Weston-super-Mare has been appointed as minister for licensing, gambling, horse racing, tourism and a number of other cultural matters, it was announced today .20/5/2010
New Secretary of State at DCMS
Jeremy Hunt has been announced as the new Secretary of State for Culture, Media and Sport, it has been announced. Whether licensing will remain at DCMS has yet to be seen, with the Home Office having taken a proactive stance on licensing matters before the election. Teresa May has been appointed as Home Secretary. 12/5/2010Artificial Optical Radiation Regulations
27th April 2010 saw the introduction of new regulations requiring light sources used at work to be assessed if they are likely to carry a risk of adverse effects to the eyes or skin. For the licensed trade, this may mean that a fresh look needs to be taken at laser displays, 'black light' effects and similar.Full details of the regulations can be found at www.safetylawyers.co.uk 1/5/2010
France considers on-line gambling
France�s National Assembly has recently voted in favour of a bill to legalise online gambling. At present, this will not open up the opportunity for foreign companies to market France, but it could be seen as the starting point to align with other european countries. For more details, click her 7/4/2010Licensing Petitions
Under provisions to come into force from 15th June 2010, local authorities will no longer be under a duty to consider petitions that are submitting in relation to licensing or planning decisions. The Local Authorities (Petitions) (England) Order 2010 will specifically exempt the Planning, Licensing Act and Gambling Act functions from the requirements that were set out in other legislation in 2009. 2/4/2010Mandatory Conditions
Following discussion in Parliament, new Mandatory Conditions came into force on the 6th of April. These include the prohibition of dispensing alcohol into the mouth of another person, set measures and the need to provide free tap water on request, providing that it is reasonably available. Further conditions will take effect later in the year, including the need to have an age verification policy regarding the sale of alcohol
