Licensing reform update
by the British Beer & Pub Association
The Commons Committee debating the Licensing Bill has now met seven times over four days and completed debate on clauses one to 46.
Those clauses relate to issues such as who the licensing authority is, its role and responsibilities.
It has also completed most of the sections of the bill that relate to the premises licence and how it will operate. The amendment count now stands at 301.
The premises licence
Latest:
The government has overturned an amendment passed in the Lords which would have allowed a company to register an interest on the premises licence. It has also fended off attempts to change and simplify procedures around how to notify the authorities of the person who is the designated premises supervisor for any licensed business - the person ultimately responsible for how that business is run.
Background:
The ability to register an interest on the premises licence attracted widespread support throughout the industry. It was a simple process that would have ensured companies could receive an early warning of any problems associated with any pub. It also meant licensing authorities could easily identify which company ultimately owned any pub. The bill has set up an unnecessarily complex procedure for notifying the authorities about the person who is responsible for running a licensed business. The result is that every time a manager or licensee changes it is considered a fundamental change to the licence and sets off a paper chase that is a burden to both business and the authorities.
Both these issues demonstrate a failure by the government to respond to the structure of today's pub industry and how it operates on a day-to-day basis. A particular blind spot seems to be the fact at least half the pub sector is leased or tenanted and therefore the people who are running those pubs are running their own businesses and are not company employees.
Outcome:
Lobbyists continue to try to persuade the government to simplify the procedure on designated premises supervisor and allow companies to register an interest.
Music
Latest:
The government has overturned all amendments on music and entertainment - the exclusion of unamplified music, educational establishments and venues with fewer than 250 people - but has kept the one excluding incidental music.
Background:
There has been a broad consensus that the government was being far too prescriptive in trying to define what is and is not entertainment and therefore what a pub has to include in its operating statement when making a licence application.
Outcome: Pubs should now refer to the detailed list of entertainment in schedule one of the bill and if they want to offer any of those entertainments make sure they include those activities when they apply for a licence under the new system.
Powers of local authorities
Latest:
The government has overturned the amendment which would have given power to local authorities to refuse a licence even when no objections had been received. It has also removed the power of MEPs, MPs and local ward councillors to raise objections to licence applications.
Background:
An amendment passed in the Lords undermined one of the fundamental principles of the bill - that there should be a clear separation of powers and licensing authorities should be restricted to administering the system and adjudicating on applications when there are objections.
Outcome:
The change answers some of the industry's concerns that local authorities were being granted too much freedom to refuse applications for licences.
