Countdown to New Year licensing hours

Once again New Year licensing hours remain uncertain

by David Clifton, one of thePublcian.com's legal experts from London solicitor Joelson Wilson​

So - and it has to be said, yet again - the trade has been left in a state of utter uncertainty by the Government over the issue of New Year's Eve licensing.

At the end of June, a draft regulatory reform order was laid before Parliament proposing a relaxation of licensing hours which would enable pubs, nightclubs, restaurants, registered clubs and bars to open for a continuous period of 36 hours from 11am on December 31 until 11pm on January 1.

In July, the junior minister for licensing, Dr Kim Howells, said: "New Year's Eve is a special national occasion when citizens and visitors to this country alike want to have greater freedom to choose how and when to enjoy themselves. The Government is pleased to do its bit to help meet this wish."

Thank you, Dr Howells. However, what might not have been clear from his announcement was that the earliest possible date that the draft order could be approved is November 20. Are you prepared to wait until then in the hope that the order will go through? If you are, just think about the following:

• What if the order is not approved or is delayed yet further because changes to the proposals are required? It wouldn't be the first time this has happened.
• What if the police, the local authority or local residents exercise their proposed power to apply on just five days' notice for a restriction order limiting the relaxed hours because of a fear of disturbance, annoyance or nuisance?
• Would there be sufficient time in any event for such an application to be properly determined before December 31?
• Are you prepared to book your entertainment, advertise your New Year's Eve promotion and ensure you have the necessary staffing in such an atmosphere of uncertainty?

If the above questions cause you to stop and think, all I can recommend is that you take the safer option now of applying, in the usual way, for a special order of exemption, extending your hours on New Year's Eve.

However, just remember that last year, many such extensions were granted until 12.30am only, in line with a recommendation from the Magistrates Association.

Unless you already hold a public entertainment licence (PEL), you will need to apply to your local authority for an occasional PEL if you want to provide music (by more than two performers) or dancing.

Have a good party!

Licensing reform​

Everything that I have said above would be changed if we had the licensing reform we have all been awaiting for so long.

The then culture minister, Janet Anderson, said in July last year: "Many of our top bands and performers started out in pubs, clubs and similar venues, gaining invaluable experience of performing live and building new audiences. We hope the Home Office's proposals for licensing reform will provide many more opportunities for people to experience live music."

What's happened since then to improve that situation? Nothing - except protests that our existing laws are killing off live music in pubs (See Protestors: PELs "killing off live music in pubs" (20 July 2001)for full details).

And what about relaxation of licensing hours - a central part of the Government's proposals in last year's White Paper? More flexible licensing hours bringing about an end to the binge-drinking culture - what's happened to bring that about? Nothing - not even a mention in the Queen's Speech - except an assurance by Dr Howells a couple of weeks ago that a Bill will be introduced when Parliamentary time permits. When will that be?

Your guess is as good as mine.

What happens in the meantime? Greater powers for the police under the Criminal Justice and Police Actto close down on-licensed premises and an announcement by the Metropolitan Police in London that they intend to mount an offensive, with council officers, against nightclubs and bars in the West End.

The deputy assistant commissioner is reported as saying: "I think people need a break from this 24-hour society. This is not café society in the West End. It is not Barcelona. It is Ibiza."

It doesn't exactly fill one with confidence that the law will be relaxed, does it?

Live music​

By way of contrast to karaoke, no public entertainment licence (PEL) is required for live music by no more than two live performers, as long as no part of their accompanying music is provided by recorded sound.

What about drum machines, you may ask? The answer is that I'm not aware that this question has ever been tested in the courts. But if it was, I think the issue would boil down to whether the drum machine was actually providing "recorded" or some other sound.

What is now relatively clear, since a recent crown court appeal, is that it is OK to have a succession of single performers or duos within an evening's entertainment without having to have a PEL, as long as at no time are more than two providing the music/singing.

But - and this is a very big BUT - you definitely need a PEL if you want to allow your customers to dance.

Karaoke​

While on the subject of PELs, just remember that one is needed if your idea of a good New Year's Eve bash is karaoke. Some councils may take a relatively relaxed view but it is the law. Others may issue a lesser form of licence limiting the entertainment authorised to karaoke and prohibiting dancing.

Who would dance to karaoke, you may well ask? Well they do. I had to restrain myself from being swept onto a dancefloor in Lancaster by an enthusiastic septuagenarian just a few months ago while someone of similar vintage to her was belting out his own distinctive version of My Way or something similar.

A PEL is needed because karaoke involves a combination of recorded music and a live singer or singers.