The Licensing White Paper - A Guide

by David Clifton and Suzanne Davies of thePublican.com's legal team from solicitors Joelson-Wilson​

The White Paper: "Time for Reform: Proposals for the Modernisation of our Licensing Laws" (April 2000)​

Who is affected by the proposals?​

• In all probability - you.
• Home Office research estimates that nearly 90% of the UK population consume alcoholic drinks and spend £25 billion on them.
• Approximately 78,000 public houses and bars, 25,000 restaurants, nearly 4,000 night-clubs and discotheques, 23,000 registered clubs and 45,000 shops, stores and supermarkets will be affected.

Key comments by Jack Straw, then Home Secretary:​

• "Our overall aim is to bring about reform which assures the safety of the public, better protects children and safeguards against all crime, disorder and disturbance".
• "Our proposals will provide industry with greater freedom and flexibility to meet the needs of its customers, but balance that with tough and uncompromising powers for the police to control any disorderly premises and for local authorities to protect residents from disturbance. There are many difficult balances to be struck. This is a debate in which everyone has an interest. We therefore want to hear your views".
• "I almost guarantee that the final proposals will differ to some degree from the proposals in the White Paper".

Other key comments from the White Paper:​

• One of the main principles behind the White Paper proposals is to "reduce the burden on business of unnecessary regulation".
• The existing law "involves a great deal of unnecessary red tape for business".
• "We owe the magistrates and the police a large debt of gratitude for doing their best to make the system work; but it has been impossible to prevent inconsistencies and arbitrary decisions from arising".

Summary of the key changes recommended ​

• A single integrated scheme for licensing premises which sell alcohol, provide public entertainment or provide refreshment at night
• A new system of personal licences which will allow holders to sell or serve alcohol for consumption on or off any type of premises possessing a separate premises licence
• Personal licences to be issued for ten years to over 18's without a relevant criminal record following a test of knowledge of licensing law and social responsibilities - with provision for endorsement on a national database or withdrawal of licences within that period
• Applications for premises licences to be supported by an operating plan and any licence granted to incorporate operating conditions (for example relating to hours, noise, fire exits, capacity) limited to crime and disorder, public safety and nuisance factors, and set locally on the basis of the balance of the operator's requirements, local residents' views and police and fire authority assessments, with a presumption of grant without a hearing in the absence of any objection
• Flexible opening hours, aimed at minimising public disorder resulting from fixed closing times - with the potential for up to 24 hour opening 7 days a week, subject to consideration of the impact on local residents
• Tough new powers for the police to deal instantly with violent and disorderly behaviour by closing premises that have been allowed to become the focus for such behaviour
• Children to be allowed access to any part of licensed premises at the personal licence holder's discretion, but with a discretion reserved to licensing authorities to restrict or deny access for children to unsuitable licensed venues
• The legal age for drinking alcohol on licensed premises and for buying it there, whether as on-sales or off-sales, both to be 18 years old
• New measures to back up restrictions on under-age drinking, including:
  - A new offence of buying alcohol on behalf of a person under 18 years old
  - A new offence of knowingly permitting a sale to a person under 18 years old
  - Test purchasing to be placed on a statutory footing
  - A new duty on people selling alcohol to satisfy themselves about customers' ages
• Personal and premises licences to be issued by local authorities
• An avenue of appeal for all interested parties (including the police and local authorities) to the Magistrates Court (previously proposal was for appeal to Crown Court but not by way of a re-hearing), with any further appeal on a point of law by way of case stated to the High Court
• Licences to be supported by a flexible range of sanctions including a temporary reduction in opening hours, instead of the present all or nothing sanction of loss of licence
• National guidance from the Home Office to local authorities and the police to encourage consistency of approach

Responses to the Consultation Paper:​

A total of 1,214 responses to the White Paper were received: 558 replies from organisations and other bodies and 656 replies from MPs on behalf of constituents and from private individuals.

Statement by Mike O'Brien, then Home Office Minister 2 May 2001 (Parliamentary Written Answer to question by John Grogan MP):​

"We are grateful for all the responses to our proposals. We have concluded that they confirm the case for comprehensive modernisation of the alcohol and the entertainment licensing laws in England and Wales. They show that the White Paper proposals represent a sound basis for legislation, and strike the right overall balance between the needs of business, the enlargement of consumer choice and the interests of local residents.

Two issues raised by the White Paper attracted most comment: which body should be responsible for the new integrated licensing arrangements and whether licensing hours should be extended.

As to the former, the responses to the White Paper showed a great divergence of opinion. We have considered with care the views of those who argued that the new licensing authorities should be based on magistrates' courts. However, there remains a clear need to bring greater democratic accountability into licensing: and we remain persuaded that local authorities are the right bodies for this purpose. It will of course be important for all licensing decisions to be taken, as the White paper stressed, in accordance with fair and consistent procedures.

The balance of opinion amongst those who commented specifically on licensing hours in responding to the White Paper clearly supported our proposals for more flexible arrangements. They will make an important contribution to dealing with the problems of alcohol-related crime and disorder, alongside the provisions in the Criminal Justice and Police Bill.

The responses to the White Paper include a number of reservations or suggestions which are helpful, and which we shall want to pursue as we work up the detail of legislative proposals to bring before Parliament in due course. There is, however, one major point on which we have been persuaded by the consultations that a substantive change to the White Paper proposals is required.

The appeal arrangements described in the White paper gave rise to considerable anxiety for many interested parties. We now intend to provide in legislation that appeals against licensing decisions should go to local magistrates' courts on both law and merits, rather than to the Crown Court.

We will continue to consult closely with all the interested parties as work on preparing the necessary legislation proceeds".

Comments attributed to Mike O'Brien, then Home Office Minister 2 May 2001 (Home Office News Release 2 May 2001):​

"Our licensing laws are outdated, complex and in need of a radical overhaul. Reform of the alcohol and entertainment licensing system will provide savings and new opportunities for busi