Trying times for late licence bids?

Optimistic noises are being heard from many parts of the country, now that up to 50,000 premises may have 'missed the cut and need to make full application for a licence.

Although the process for doing so is already mapped out and is very similar to an applic-ation for variation during transition, there is one important difference your hours are not guaranteed.

Grandfather rights, which only applied during transition, meant that the licensing authority had no power to cut back the existing hours of opening of any prem-ises that applied for conversion. This meant that premises currently enjoying, say, a special hours certificate until 1am, would have those hours converted onto their new premises licence. Local residents and others could not realistically prevent similar trading conditions from being carried forward.

That right is now over. Those who have missed transition may certainly apply for any hours they wish under the new regime. But in certain places there is no guarantee that they will get them. And there is word that for some unlucky licensees there may even be opposition to the grant of a licence at all.

For these applications, all the licensing objectives come into play from the start. The licensing authority has to pay due regard to the opinions of responsible authorities, neighbours and residents' associations, who may present a litany of problems with the outlet, ranging from noise nuisance at chucking-out time to disorder on the streets or poor management. As long as the objections fall within those licensing objectives, they can consider whether or not to grant a licence at all, and for how long.

Clearly, they will be influenced by the fact that it is already licensed premises and that a refusal could jeopardise someone's livelihood.

They must also act fairly and reasonably in balancing accusations and allegations against known facts. Although there is a stiff penalty for giving false information, I think it unlikely that licensing authorities will take action against anti-pub campaigners who embellish their stories, preferring to grant the licence in the face of opposition.

The problem is that these objectors are also voters. They may be supported by a fellow councillor. Although there are clear rules on bias, it is not an irrational fear in the licensed trade that there could be some influence in reaching a decision if the residents' voices are loud enough. There are trying times ahead for some.