An entertainment licence qualification is on the way

by Suzanne James, one of thePublican.com's legal tem from London solicitors Joelson Wilson​

In an attempt to assist licensing justices to determine whether an applicant is fit and proper, courts have for some time now recognised the British Institute of Innkeeping's National Licensee's Certificate as incorporating all the relevant issues.

The course requires a basic knowledge of liquor licensing law and social responsibilities and it has the support of magistrates. It cuts down on court procedures and it streamlines applications, being the appropriate benchmark for assessing a candidate's fitness and propriety.

By contrast, local authorities may not even consider whether an applicant is fit and proper when deciding whether a person can hold a public entertainment licence.

If the matter is dealt with by committee, examination of the experience and knowledge of the licensee is more likely to be tested. But under delegated powers and without any recognised standard or benchmark against which to assess the applicant or qualification, officers find it hard to ensure basic awareness of the responsibilities.

That is, until now. For the last two years the BII has been working with local authorities and the entertainment and leisure industry to produce a qualification for entertainment licensing equivalent to that for liquor. A national steering committee comprising representatives of local government, the entertainment and leisure industry and the BII was set up to develop matters further.

The committee set itself a number of criteria. The whole exercise was aimed at setting a nationally-recognised course. The law section as a result includes licensing law both inside and outside London. Interestingly the committee was able to deal with matters such a noise nuisance in a uniform way, since the problem is consistent nationwide. By contrast, matters such as conditions could not be dealt with uniformly in view of the fact that there is a lack of consistency throughout the country on this point.

The committee also wished to ensure that the qualification was readily available throughout the country, that there was consistency of assessment and that the cost was competitive, but presumably not prohibitive.

The qualification includes licensing law in detail, together with procedures and conditions, responsibilities of licensees, door supervisors, fire safety, drug awareness and social responsibilities. Those attending the course have to study a manual containing information which the entertainment industry and licensing authorities considered essential for licensees and their managers.

The manual is supported by a one day course which deals practically with matters raised in the manual and provides a forum for discussion and questions & answers. The course is followed by an examination and participants must obtain an 84 per cent pass mark. Successful candidates receive a certificate as proof of achievement.

The steering committee hopes that licensing authorities will make possession of the certificate a pre-entry requirement by an appropriate amendment to their procedural rules. The committee is also keen to see it as a prerequisite for anyone in charge of premises holding appropriate entertainment. It is hoped officers and council members will, by virtue of certificate holders, regard applicants as fit and proper to hold a licence and that those running premises are also suitably qualified. The committee feels the course would benefit licensees and duty managers, licensing officers and members of licensing committees.

Should readers require further information details can be obtained from David Chambers at 36 Woodnook Road, London SW16 6TZ or telephone 020 8 677- 775 or email david.a.chambers@lineone.net.

Information can also be requested from Cathy Smith, Jo Reynolds or Jemma Bloomfield at the British Institute of Innkeeping, Wessex House, 80 Park Street, Camberley, Surrey GU15 3PT or telephone 01276 684449 or email reception@bii.org.