Open all hours?

The Magistrates Association's decision to step in over New Year hours has re-opened the debate on who should control licensing. By Jackie Annett

It's already November and the trade is still anxiously waiting to hear whether the Government will deliver its promise of 36-hour opening this New Year.

Licensing minister Dr Kim Howells has said that the trade will not know for certain until December 6 - news that has angered licensees especially those planning ticketed events.

But publicans were offered a ray of hope when the Magistrates Association (MA) stepped in last week and said it would approve as many individual applications as possible - the first good news the trade has had in a long time (Magistrates in New Year fury (25 October 2001)) .

Along with the Justices' Clerks' Society (JCS), the association issued guidance to all its members urging them to automatically grant applications for extensions this New Year unless police or residents raised objections.

Anne Norton, chairman of the MA, said the association had reacted after Government ministers let the trade down for the second year in a row.

"We are very disappointed that the Government was unable to get the deregulation order through, but we are very keen to help the trade because pubs are an important part of the business community. We are happy to grant extensions as long as there are sufficient safeguards in place."

She added that the organisation was also prepared to organise more hearings to cope with the likely influx of applications.

But news that the MA stepped in at the last minute caused the debate over licensing control to resurface, with some trade leaders renewing their calls for magistrates to retain control of licensing.

Stuart Neame, vice chairman of Kent brewer Shepherd Neame, has been working with JD Wetherspoon chairman Tim Martin to fight the proposals. Their campaign followed the Publican's Market Report 2001, a survey of more than 1,000 licensees, which showed just eight per cent were in favour of control passing to local authorities.

Mr Neame said the fact that the MA had offered to help the trade with applications for this New Year was proof that magistrates were the best people for the job.

"Magistrates have really got their act together over the last couple of years," He said.

"They are considerate and helpful to the trade whereas local authorities will take their own decisions that will often be very different to another local authority's decision."

A spokesman for JD Wetherspoon wholeheartedly agreed with Mr Neame. He said the MA's decision to look kindly on the trade over applications for New Year extensions put greater emphasis on the argument for magistrates to retain control.

"We've always argued that licensing should stay with magistrates," he said. "They know the issues and have the experience of working with the trade."

But although Ian Foulkes from the Local Government Association praised the MA's decision to step in and offer a helping hand, he said that when local authorities have taken over there will be no more confusion.

"This wouldn't be an issue," Mr Foulkes said. "It wouldn't be the case because we would be administrating a completely different regime.

"We do have to bear other things in mind like noise disturbance and anti-social behaviour but we will not be giving unfair weight to residents' views as the trade has suggested in the past."

Others are worried that disagreement within the trade may lead to the reforms being dropped altogether.

At a Labour Party Conference meeting last month, Dr Howells urged the trade to speak with a "united voice", warning that opposition to the White Paper could do more harm than good.

But those opposing the plans insist the trade has always been against local authorities taking control, saying that the industry is already speaking with one voice.

"Nobody in the trade actually wants licensing control to switch to local authorities," Mr Neame said. "A small minority have accepted that this is what the Government is pushing for, but nobody actually wants it."

Meanwhile, licensees are also angry with the Government's proposal to shelve plans for an extension this New Year in favour for an extension for the Queen's Golden Jubilee next June, if a lack of parliamentary time demands this.

Most publicans have said they would prefer to have an extension at New Year rather than at the Queen's Golden Jubilee. (Ministers stall over New Year (18 October 2001)

With confusion mounting, many licensees are unsure whether to apply to magistrates for an individual extension this New Year or whether to trust the Government and hope an automatic extension is granted.

Dr Howells has urged licensees to "hang fire" rather than apply to their local magistrates for an individual extension, and has insisted that he is doing his best to push the deregulation order through.

But some licensees are already choosing to ignore this advice and trade leaders are increasingly supporting this view.

Kate Nicholls, spokeswoman for the Association of Licensed Multiple Retailers, said: "We have written to our members advising them to make applications as soon as possible.

"From a publican's point of view, New Year remains the prize and there is some scepticism about the Government's decision to go for the Golden Jubilee."

Georgina Wald of the British Institute of Innkeeping said that for some licensees it may be best to put in individual applications rather than face disappointment.

Comment​

Licensing minister Dr Kim Howells has said the Government is committed to licensing reform through the Time to Reform White Paper which proposes switching licensing control from magistrates to local authorities. Reaction to the switch includes:

• Stuart Neame of Kent brewer Shepherd Neame claims the proposals would be a backward step for the trade.
• A group led by Mr Neame and Tim Martin of JD Wetherspoon is continuing to campaign against the move of licensing control to local authorities. The group's alternative licensing bill, which proposes licensing control remains with magistrates, was unveiled in May.
• Many licensees, including Bill Sharp, chairman of the National Parliamentary Committee, oppose the move to local authority control in principle, but have accepted it. They believe continuing to fight against it could jeopardise the whole package.
• The Local Government Association has promised to work with the trade on guidelines to ensure the new system is fair and has warned licensees that continuing to oppose the plan could lead the Government to drop reform altogether.