The Licensing Bill: Transitional measures

Further explanation of the government's Licensing Bill

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

The new Licensing Bill, currently being debated in the House of Lords, contains proposals for a complete shake-up of licences. In this article, I will discuss the transitional provisions, which will operate to convert an existing licence granted under the Licensing Act 1964, into a new premises licence.

Briefly, the new Licensing Act when it becomes law will allow for a local authority to issue the following licences:-

• Premises licence​

This licence will allow premises to be used for one or more licensable activities, including the retail sale of alcohol, the provision of entertainment and the provision of late-night refreshment. An individual must be specified as a "designated premises supervisor" for these licensed premises. This individual must be the holder of a personal licence and will be responsible for the supply of alcohol on the premises.

Personal licence​

This licence authorises an individual to supply or authorise the supply of alcohol on licensed premises. A person may only hold one personal licence at a time and, once granted, a licence lasts for 10 years, unless it is suspended or revoked. In basic terms, an applicant for a personal licence must be granted a licence if he is over 18, possesses an accredited qualification and has not had a licence revoked or been convicted of a relevant offence.

How can you get these new licences?​

It is envisaged that the new Licensing Act will come into force in June 2003 (although don't hold your breath - considerable discussion lies ahead). Schedule 8 of the bill specifies the transitional provisions for converting from the old to the new system.

Holders of a justices licence (and other licences, for example night café licences) will have six months from the introduction of the Act to apply to the local authority for a "new" licence to replace their existing one. Any application must specify the current activities (eg sale of alcohol) taking place under the licence and where the sale of alcohol is concerned documents in support of the application must be lodged with the local authority, including:

• the relevant existing licence
• a plan of the premises
• a copy of any children's certificate
• the consent of the individual making the application.

A copy of the application must be lodged with the police within 48 hours of applying for the new licence. Subject to objections and the right of refusal, the local authority will then be obliged to grant the application, to notify the applicant of the decision and to issue a new licence (which will effectively be a premises licence).

The new licence will be issued subject to identical conditions to those imposed on the existing liquor licence. Once the new licence has been issued the existing licence will be revoked.

There are provisions allowing for an application to be made for variation of the new licence at the same time as applying for the licence. So if, for example, you wished to extend your operating hours at the same time as applying for a new licence, you could submit an application requesting this. You could also apply at this stage to remove conditions imposed on your liquor licence, which would otherwise be automatically transferred to the new premises licence. Such applications are likely not to be as straightforward as the basic conversion of an existing licence to a new licence.

In terms of opening hours, there has been substantial discussion about "grandfather rights" which will allow operators to maintain existing opening hours under the new system. The intention of the government, as set out in the framework guidance document, is to allow premises with liquor licences to convert their existing opening hours into new operating hours under the new licence.

This would allow premises with a special hours certificate trading until 2am (for example) to obtain a new licence operating until 2am.

There is still a long way to go and further procedural details will eventually be added by way of secondary legislation. However, the above information is a basic summary of the current framework proposals relating to new licences and the proposed transitional arrangements.