Licensing reform update
In an exclusive new series, the British Beer & Pub Association takes a look at what's happening with the Licensing Bill as it nears the end of the Parliamentary process.
This update focuses on those areas in the original bill that have been changed in the House of Lords. The bill has now started its Committee stage in the House of Commons. A total of 185 amendments had been tabled by April 4 and more are being added daily.
Children in pubs
Latest:
The opposition in the House of Lords won an amendment which will exclude all unaccompanied children under the age of 14 from pubs, nightclubs and places where the primary purpose is the consumption of alcohol. The House of Lords also passed an amendment which would make it an offence if alcohol was sold in the presence of unaccompanied children under the age of 14.
Background:
The original intent of reform as outlined in the White Paper was to remove the red tape burden of the children's certificate and make it easier for children to go into pubs.
The bill did not allow all children to go into all pubs. It established that it would be up to the landlord to decide whether they wanted children in their pub and, if they did, make clear in their application what safeguards and services they would have in place to ensure children would be suitably catered for.
Outcome:
The government intends to overturn the amendments passed in the Lords and return to the original intent of the bill. In doing so they have added a further statutory consultee to the list - local area child protection committees - and a list of criteria against which premises will be judged if they make an application to admit children.
In support of their plan, they have also issued a statement from the National Society for the Prevention of Cruelty to Children (NSPCC): "The NSPCC welcomes the aims and intentions of the proposed new Licensing Bill.
Clarification on the sale of alcohol and access of children to licensed premises has been long overdue. The NSPCC supports the principle of access to children while keeping in place the necessary safeguards to protect them from harm. This is the perfect opportunity to make public spaces more child-friendly while protecting children from the less salubrious side of drinking."
Music
Latest:
A number of amendments covering the issue of music and entertainment were passed in the House of Lords.
The government issued its own amendment which exempted places of religious worship from entertainment licensing.
The opposition won amendments to exclude from licensing incidental music, unamplified music, educational establishments and venues where the number of people attending does not exceed 250 and the entertainment finishes no later from 11.30pm.
Background:
At the core of the bill is the proposal that all licensing should now be covered by two licences - the personal licence and the premises licence. All other licences will disappear, including the public entertainment licence. However, under the broad heading of entertainment, the bill defines a wide range of what are currently common activities that would need to be covered by a licence and would need to be specifically mentioned on an operating schedule when applying for a premises licence.
Outcome:
The government has overturned the exclusion of educational establishments using the example of student unions as its reason for doing so. It has also stated it intends to overturn all other amendments in this area with the exception of incidental music.
Powers of local authorities
Latest:
An amendment was passed in the House of Lords, which gives power to local authorities to refuse a licence even when no objections have been received.
Background:
The bill originally established a clear separation of powers. The licensing authority is there to administer the system and adjudicate on applications when there are objections. It had no power to raise objections on its own behalf. If no objections are received to a licence application then they have to grant the licence.
Hearings are only held if there are objections. The authority then considers the arguments on either side and a decision on whether to grant or not is made. If the business does not like the decision, they can appeal to the magistrates.
The amendment passed undermines a fundamental principle of the bill that there should be a separation of powers.
Outcome:
The government has stated it is going to overturn this change to the original bill.
