Beat the rush: Get yourself ready for the change in licensing law
by Richard Williams of thePublican.com's legal team of experts from London solicitors Joelson Wilson.
The discussion of the Licensing Bill in the House of Lords continues a pace. It seems that the entire industry is commenting in one way or another and some of the Lords must be straining under the weight of paperwork and non-stop phone calls from various campaigners. The level of input from some of the Lords has been quite stunning and it has certainly highlighted to me their importance in the legislative process.
This may come as a surprise to those of you who have seen a Lords' debate, with individuals apparently drifting off to sleep on the red leather benches.
The bill is expected to pass through the House of Lords on March 11, when a revised version, taking in to account all of the agreed amendments will be published on www.publications.parliament.uk/pa/pabills.
While I can't predict the final version of the bill, with the use of the draft guidance notes that have now been issued, I can suggest ways in which you might prepare for the introduction of the new legislation.
Taking action now could save you a great deal of time and effort once the six month transitional period commences. Remember that the courts will soon be inundated with requests for information, so if you act fairly quickly, you should be able to get the information you require.
Premises licence
When converting an existing licence to a premises licence, relevant documents must be lodged with the authority, including: |
- the original (or certified copy) liquor, night café or public entertainment licence (PEL)
- a plan of the premises
- any children's certificate
- the consent of the proposed designated premises supervisor
- the consent of the existing licence holder.
Action required: Look for the documents that will be required and keep a copy of them in a safe place. If you have any ancillary certificates, such as a special hours certificate or supper hour certificate you will need these to ensure that your existing hours of operation are carried over to the new licence. If you don't have the necessary documents, obtain a certified copy from the court or get new drawings prepared. Remember that once the transitional process starts, everyone will be rushing to get these documents and the courts will be inundated with requests. The transitional period will only operate for six months from a day to be appointed, during which time you must lodge your application for a premises licence.
Around 180,000 businesses and clubs will be seeking to convert their existing licences once the transitional period commences. During the transitional period, licences will be issued but will not be effective as the old system of licensing will continue on a temporary basis. If the licensing authority doesn't determine an application for conversion (excluding variations) within two months of receipt (although this time period may be extended due to local authority lobbying), it will be treated as granted. |
Action required: Check the press to establish when the transitional period will commence. Applications are likely to be lodged on a first come first served basis. You don't want to be at the back of the queue! |
It is anticipated that you will be entitled to maintain your existing hours of operation when you apply for a new premises licence. Sales of alcohol will be permitted only during your existing hours, including any extension granted by the licensing justices. Once the new system is in place, you will be able to submit an application to vary your operating hours and to extend permitted hours for the sale of alcohol. Variation applications can be submitted at the same time as applications to convert existing licences to premises licences, but there may be substantial delays and there is no guarantee the application will be granted. |
Action required: Consider applying for a special hours certificate or a supper hour certificate now, so that you will be able to automatically transfer these extended hours for alcohol sales to your new premises licence. You may also wish to consider applying for an extension of your permitted hours under your existing PEL. You will need to take legal advice before submitting these applications. |
Personal licence
Holders of a justices' licence will be entitled to apply for and (subject to police representations) to be granted a personal licence during the transitional period. An individual's licence or a certified copy of it must be provided to the licensing authority. |
Action required: If you don't already have the original of your licence, request the original or a certified copy from the court. A copy must be certified by the chief executive of the licensing justices for the area where it was issued or by a solicitor or notary. You will also need to lodge a recent photograph of yourself with your application, endorsed to confirm that it is your true likeness. |
The process of applying for a personal licence will be simpler for current holder of a justices' licence. For example, during the six month transitional period, it will not be necessary for existing licence holders to produce a criminal record check. All persons named as joint holders of a liquor licence will be entitled to apply for a personal licence. Various amendments have been proposed which would allow holders of a licence within the last 12 months to obtain a personal licence under the simpler procedures. |
Action required: Consider transferring licences into joint names or adding individuals to licences now, so others will be entitled to apply for a personal licence. |
Applicants for a personal licence who have not held a licence before must possess an accredited licensing qualification (accredited courses are due to be confirmed on the Department for Culture, Media and Sport website). |
Action required: Arrange to book any potential licence holders onto a course to obtain the National Certificate for Licensees (or equivalent). There will be huge demand for these courses once the new legislation is introduced and there may be delays. Find your original certificate and keep it in a safe place if you already have one. |
