Authority figures

As the licensing debate rages on, the government responds to trade concern

The licensing debate still rages on, with local authority power the most contentious issue on the agenda. The primary concern for the industry still remains the level of power that will be wielded by local authorities under the new proposals. There is also concern that licensees would end up paying increased fees, and footing the bill for late night services, transport and policing.

Only last month the MP for Hornchurch, Essex, John Cryer, spoke out at the launch of a consultation on 24-hour licensing in London claiming that the leisure and hospitality industries should pay the extra costs of operating extended licensing hours.

The end of last month saw a debate in Parliament and licensing minister Dr Kim Howells outlined his plans for licensing reform in a letter to the industry.

Speaking at the debate, Enterprise Inns boss Ted Tuppen said that he was "embarrassed by our licensing laws" and added that it was his "greatest request that we look at this bill in a positive light".

But he added his own concerns about local authorities.

He said: "I am concerned that the broad principles of reform may be deliberately misinterpreted and abused by some maverick local councils. Westminster council provides a perfect example of an authority whose decisions are often incomprehensible and whose fees and charges border on the fraudulent."

Westminster City Council's decision to restrict late night licences in key areas of the capital has come under much criticism from the industry. The High Court recently branded its licensing policy "ambiguous" and "inconsistent".

The council is currently in the process of redrafting its licensing policy in light of the case.

In his letter, Dr Howells addressed the key points of concern raised by Mr Tuppen on behalf of the industry. He confirmed that it is likely that local authorities will have the power to issue, revoke and amend licences.

He said: "It strikes me as odd to expect local authorities to take on responsibility for the grant of licences and then deny them any power to amend, suspend or revoke licences where problems have arisen."

This has failed to allay the fears of the industry over local authority power although he explained that the courts would be responsible for the prosecution and sentencing of individuals.

But his letter also confirmed that the reform bill would "represent a significant reduction in red tape" for publicans. He said he would be introducing national guidelines for local authorities, although he added that they would be able to depart from these if this was justified.

He also dismissed concern over costs, giving his "assurance that the average pub would enjoy savings from the implementation of our policy". The government estimates that the industry would save £1.9bn over 10 years with the new red tape-free licensing procedures.

And despite continued concern, including a campaign to "Kill the Bill" being led by Wetherspoon boss Tim Martin and Stuart Neame of Kent brewer Shepherd Neame, Nick Bish of the Association of Licensed Multiple Retailers said that by working together with the government, the industry could still end up with a system that was acceptable to everyone. He said: "The government, local authorities and industry need to work hard together to convince the industry audience that the outcome can be good."

Meanwhile, Mr Neame said: "The letter has definitely ruled out the question of excluding local authorities from being judge and jury effectively in the same instance." He also highlighted a lack of detail in the letter about the strength of the national guidelines which will be introduced for local authorities.

Mr Tuppen has urged the trade to work together, criticising the campaign set up by Mr Neame and Mr Martin.

He said: "The tiny minority in my industry who seek to kill this bill need to get down from their soap boxes of self interest and work with their colleagues."

So the divide remains, with one camp still lobbying for the bill to be dropped and another calling for it to go ahead provided the trade is given an input.

And we must bear in mind that there are only a few months left before the Queen's Speech in November.

The clock is ticking.

Key trade demands​

Ted Tuppen, chief executive of Enterprise Inns, wrote to the government on behalf of the industry outlining six key trade demands:

• less regulation so pubs will not be restricted from adapting to market needs
• local authorities will operate within national guidelines
• personal licences for licensees will authorise the holder to run any pub
• premises licences should not be jeopardised by breaches that are the fault of the licence holder
• no increase in the cost to the average pub
• local authorities cannot prosecute and adjudicate in the same case.

Dr Howells' response​

In response to Mr Tuppen's letter, Dr Howells wrote:

• the Bill will represent a very significant reduction in red tape
• each local authority's licensing policy and decisions, including the imposition of any sanction, will have to take into account guidance issued by the secretary of state
• in over 99 per cent of cases, the personal licence would authorise any individual to sell alcohol in a pub or elsewhere without any further formality
• if a personal licence holder is acting in total disregard for company policy or contrary to his instructions, I have absolutely no doubt that the premises licence would not be jeopardised
• the average pub would enjoy savings from the implementation of our policy
• it strikes me as odd to expect local authorities to take on responsibility for the grant of licences and then deny them any power to amend, suspend or revoke licences where problems have arisen.

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Responses will be collated and presented to culture secretary Tessa Jowell to help clarify licensees' position on reform.

So fill in your survey now​ and get your voice heard.

Related articles:​

Howells outlines licensing reform plans (25 June 2002)

Pubs to be hit with cost of reform for 24-hour licensing (20 June 2002)

West Country licensees call for meeting with Tony Blair (20 June 2002)

Peaceful Jubilee bodes well for licensing reform (6 June 2002)

Relaxed hours put to the test during busiest week of the year (30 May 2002)

Reform campaigners put pen to paper (30 May 2002)