Licensing Bill concerns

by David Clifton of thePublican.com's legal team of experts from London solicitors Joelson Wilson​

The dust is beginning to settle following the publication of the Licensing Bill after the Queen's Speech. ​

We will be analysing the effects of the bill in future editions but from my discussions with many in the industry, initial concerns appear to be focusing on:

• a suggestion that a sliding scale of fees (calculated by reference to capacity) will result in higher fees than the £100 to £500 for the grant of a premises licence and the £50 to £150 referred to in the Regulatory Impact Assessment document produced by the Department for Media, Culture and Sport (DCMS)

fees at the levels proposed by the DCMS will be insufficient to produce a large enough and properly trained workforce within councils able to administer the new system efficiently

the savings and efficiencies suggested for the new personal licence system may be undermined by the proposal that each premises licence should bear the name of the personal licence holder who is designated the "premises supervisor"

pressure from some local authorities that the concept of "need" should be introduced into the new legislation

the proposal that the equivalent of what is now a provisional licence may not be made final if there has been a material change in circumstances either to the premises or to the area in the vicinity of the premises.

At least Tessa Jowell is positive. As far as she is concerned, the Licensing Bill will be "sweeping away red tape at a single stroke". I remain to be convinced.