Licensing issues still to be resolved
Further concerns have been raised over the new Licensing Act, which is now law after receiving Royal Assent.
Some of the issues voiced from many parts of the industry and local authorities include fees, the transition, and in particular the national guidance, which will provide councils and licensees with guidelines on how to operate under the new regime.
Rumours are circulating that there is still a lot of work to be done on the guidance and it could be even further delayed than its expected publication date of September.
This could present problems for both local authorities and licensees to meet the requirements.
David Clifton, from The Publican's legal team Joelson Wilson, said: "It is essential that we get the national guidance so we have a degree of understanding on how the act will be implemented.
"I am concerned whether local authorities will be ready and prepared and understand what their responsibilities are."
Rob Hayward, chief executive of the British Beer & Pub Association, said: "There are concerns over guidance, operating plans, fees and licensing powers of councils.
"The act is clearly not perfect. But it is an act now and everyone has to take it as it stands and make it work."
Main points of the act
- local authorities will have control of licensing by 2005. Magistrates currently have the power to grant liquor licences while local authorities have control of late-night public entertainment licences.
- a dual licensing system with both personal and premises licences required. A personal licence holder will not be required to be on the premises at all times. A premises licence will be held by a tenant or pub company, although tenanted pub companies are entitled to register an interest in a property.
- all licensees will need a personal licence - it will run for 10 years and is likely to cost £30.
- all pubs will need a premises licence - the government has confirmed it will cost between £100 to £500 with an annual charge of £50 to £100.
- under the new Licensing Act all pubs that want to put on live music will have to apply on their operating plan but the government has agreed that incidental live and recorded music would be exempt. It also agreed that the effects of the legislation on entertainment licensing will be reviewed within 12 months.
- children under the age of 16 will not be allowed into pubs unaccompanied.
Related articles:
Licensing Act receives Royal Assent (11 July 2003)
The Licensing Act may have been passed, but opinions on the legislation are divided - click hereto read a cross-section of opinions from the pub industry.
