Licensing and Appeals Committee
21 May 2012
Licensing and Appeals Committee
21 May 2012
Agenda Item No___7__________
CHANGES TO THE LAW AFFECTING SALE OF ALCOHOL AND ENTERTAINMENT
LICENSING
Summary:
This report updates Members on recent changes to
the law
Conclusions:
Recommendations:
Cabinet member(s):
Ward(s) affected:
Councillor Trevor Ivory
All
Licensing Committee Chairman
Councillor Richard Price
Contact
Officer,
number, and e-mail:
telephone Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
1.
Introduction
1.1.
Members will recall that following consultation about rebalancing the licensing
laws in favour of local communities the Government included a number of
measures in the Police Reform and Social Responsibility Act 2011. Several of
these measures which amend the Licensing Act 2003 came into force on 25 April
2012 and are detailed below.
1.2.
The other alcohol law reforms require complex secondary legislation and are
expected to be introduced in October 2012. They include early morning
restriction orders (EMROs); the late night levy and powers for local authorities to
set licensing fees locally. Members will be updated when more details on these
particular measures are available.
2.
Key changes to the Licensing Act in force 25 April 2012 – Premises
Licences
2.1.
Health authorities are now “responsible authorities” -They will now automatically
be notified about new premises applications and can make representations. The
health authorities are the current Primary Care trusts and the primary health
function of local authorities following the NHS reforms currently in progress. In
practice this will mean that the Director of Public Health for Norfolk will be able to
Licensing and Appeals Committee
21 May 2012
act on this basis.
2.2.
Licensing authorities are now “responsible authorities” This gives licensing
authorities stronger powers to remove licences from, or refuse to grant licences
to, premises that are causing problems without having to wait for the police or
another responsibility to act. To provide transparency, the officers exercising the
role of licensing (responsible) authority will need to be separate from officers
undertaking the role of licensing (transaction) authority.
2.3.
Ability to suspend Premises Licences due to non-payment of annual fee –
licensing authorities must now suspend a premises licence if the holder of the
licence has failed to pay the annual fee that has become due (certain provisos
exist to cover administrative errors). It is anticipated that once this provision
becomes widely known amongst the licensing trade then the occurrence of non
payment of annual fees will dramatically reduce and few suspensions will actually
take place.
2.4.
Changing the evidence threshold – this increases flexibility for licensing
authorities and reduces the burden on them by lowering the evidence threshold
for decisions made under the Licensing Act 2003 from “necessary” to
“appropriate”
2.5.
Scrapping the vicinity test – anyone can now make representations about
licensing decisions regardless of whether they live close to the premises
concerned. The Licensing authority is now required to publish a more fuller
register on line so that anyone can readily see the proposals
2.6.
Doubling the fine for persistent underage sales - this is now £20,000 and the
changes also make it easier to shut down businesses found guilty of such
offences
2.7.
Changing the frequency Licensing Policy Statements must be reviewed. –
Licensing authorities are now required to do this every 5 years rather than every
3 years as previously.
3.
Key changes to the Licensing Act in force 25 April 2012 – Temporary Event
Notices
3.1.
Environmental Health authorities are now able to object to a Temporary Event
Notice (TEN) which was formerly only something the police could do. Both
agencies can now object on issues of concern under any of the 4 licensing
objectives (crime & disorder; public safety; public nuisance; and the protection of
children from harm) whereas formerly only crime & disorder could be considered.
3.2.
Licensing authorities now have the discretion to impose licence conditions on a
TEN if there are objections from the police or environmental health.
3.3.
The TEN system will now be more flexible such that a single TEN may now cover
a period of up to 168 hours (7 days) where previously the maximum period was
96 hours (4 days)
3.4.
A limited number of TENs may be submitted in a shorter period of time (five days
before an event) rather than the standard ten days.
Licensing and Appeals Committee
21 May 2012
3.5.
As previously where a TEN is objected to by the authorities then the licensing
authority must hold a hearing before the event. Given the broader range of
matters the authorities can now consider then the number of objections and
hearings is likely to increase in future.
4.
Updated statutory guidance
4.1.
In connection with the new legislation, the Secretary of State has issued updated
statutory guidance under section 182 of the Licensing Act. Members will need to
have regard to this updated guidance when determining future contested licence
applications.