Police Reform & Social Responsibility Bill
The Bill reflects the proposals that were outlined in the Government's consultation in 2010 and has now received Royal Assent.
In addition to the existing list of Responsible Authorities, the Bill proposes to add the Licensing Authority itself and the Primary Care Trusts or Local Health Board as bodies that have the right to receive a copy of premises licence applications and make representations. At the same time, individual members of the Licensing Authority will cease to be 'Interested Parties'.
In a significant change, anyone living in the same Council's area as a licence premises will have the right to object to applications or seek a review of a licence, even if they do not live anywhere in the vicinity and are not affected. Conversely, anyone living near a licensed premises but in a different council area will no longer be able to object, no matter how badly they are affected.
When it comes to determining applications, the 'necessary' test for conditions disappears and is replaced by an 'appropriate' test. It may well be that there will be considerable challenge to licence conditions as there is considerably more scope in the conditions that could be applied under this test.
Section 112 sets out the first of five important changes to Temporary Event Notices with the introduction of the pollution control enforcing authority as a body on whom Temporary Event Notices have to be served.
One distinguishing feature between TENs and Premises Licence has always been that conditions could not be added to TENs. This is all changed and Licensing Authorities will be able to add conditions where an objection has been lodged, providing that they are appropriate and consistent with the activities being carried out or are already on a premises licence that is in force.
For those giving notices, there is some good news in that it will be possible to give up to 10 'late notices' no later than 5 working days before the event, provided that there is no objection within three working days. The period for an 'event' is also being increased, from 96 hours up to 168 hours.
In an attempt to try and deal with excessive early-morning consumption of alcohol, licensing authorities are being granted the power to make 'Early morning alcohol restriction orders' where they feel that it is appropriate for the promotion of the licensing objectives to prevent the sale of alcohol between midnight and 6am. there will be a significant process that will need to be gone through including an advertisement of the proposal and a hearing to consider any representations. There is some flexibility for authorities in deciding on the categories of premises that will be covered by the order and the days that it will have effect.
In terms of licensing, the main sections of interest are :
103 Licensing authorities as responsible authorities
104 Primary Care Trusts and Local Health Boards as responsible authorities
105 Premises licences: who may make relevant representations
106 Premises licences: who may apply for review
107 Club premises certificates
108 Club premises certificates: who may apply for review
109 Reducing the burden: premises licences
110 Reducing the burden: club premises certificates
111 Reducing the burden: other situations Temporary event notices
112 Temporary event notices: who may make an objection
113 Temporary event notices: conditions
114 Temporary event notices: late notices
115 Relaxation of time limits applying to temporary event notices
116 Temporary event notices: acknowledgment of notice
117 Temporary event notice: time for objection by police
118 Persistently selling alcohol to children
119 Early morning alcohol restriction orders
120 Suspension of licence if annual fee is not paid
121 Licensing Policy Statements
122 Relevant offences for personal licences
123 Secretary of State to review the effect of the amendments
124-138 Late Night Levy
The provisions are likely to cause significant debate within the licensed trade and if adopted could result in very significant implications for both existing licensees and prospective ones. It has already been indicated that some of the provisions may be subject to judicial challenge.
Of benefit to the trade is the intention to extend the period for which Temporary Event Notices can be used - up from 96 hours to 168 hours - and the possibility of 'late' notifications.
Clicking on one of the topics will open the relevant Home Office guidance note in a new tab/window on your browser:
- Applicants to give greater consideration to the local area when making their licence application.
- Cumulative impact policy
- Extend Early Morning Restriction Orders
- Flexible closing times
- Late night levy
- Making local health bodies responsible authorities
- Making relevant licensing authorities responsible authorities
- Persistent sales of alcohol to children
- Police representations
- Reducing the burden of proof
- Removing the vicinity test for interested parties
- Suspending licences due to the non-payment of fees
- Temporary events notices
These documents are in Adobe PDF format, and you may first need to download a free copy of the Adobe Acrobat reader (new window)
A full copy of the Bill can be viewed here
