LICENSING REForm back on track

by Tony Halstead Long awaited guidance notes, crucial to the smooth implementation of the new Licensing Act, could be laid before Parliament before Christmas after all. Speculation was mounting this week that the guidance notes, which contain items like fees, had been given an unexpected parliamentary slot next Monday. One senior industry figure said he had been told by sources within the Department of Culture Media & Sport that they had received "positive signals" about the date from Government business managers. The DCMS itself refused to confirm the date but, reiterated its earlier statement that it hoped to table the guidance this month, even though Parliament rises for the Christmas recess on 18 December. But speedy approval of the 197-page guidance document, which local authorities need to fashion their final licensing policies, still depends on a smooth passage through Parliament. More delays could follow if the House of Lords decides to object to any part of the guidance and a new element of uncertainty could come from the Conservative Party, which has a new front bench opposition team following the election of Michael Howard as party leader. News that the notes may have been granted a late parliamentary slot appears to put implementation of the Licensing Act back on track to meet its March 2005 deadline. Many trade and industry leaders were resigned to the act being delayed as publication of the guidance notes suffered repeated delays. The guidance notes were first promised when the Licensing Bill received Royal Assent last summer, but the trade and local councils are still waiting for the information they both need to start the job of implementing the new legislation. Morning Advertiser legal expert Peter Coulson said: "The notes are one of the most important elements because of how the Act is framed, and without them implementation is in real trouble. If there were to be more delays I think we would be looking at April or May 2005 before the new system is finally up and running." The guidance notes contain key policy advice to local authorities and Coulson said it is highly unlikely that the Lords, in particular, will be prepared to "nod them through." He explained: "You are talking about new material which has to be approved by both Houses and it will not simply be rubber-stamped." Major pub operators are also anxiously awaiting approval of the guidance notes and the final policy strategies of local authorities. Mark Jones, chief executive of the Yates Group, said: "At a time when the industry needs direction, delays breed uncertainty and unease. For high-street operators it creates uncertainty about the future because this is a sector where it appears the local authorities are going to exercise most muscle." Local authorities up and down the country have also been frustrated by the delay, because until parliament approves the notes, councils can't formally ratify their new licensing policies. Trish O'Flynn, spokesman for the Local Government Associa-tion, said: "While the delay does give councils more time, they also need to plan their budgets and the information which they need has not been forthcoming. "Most councils have drawn up their draft policies, but they cannot put the finished touches to them or sign them off until the guidance notes appear, but many local authorities are already talking and consulting with the trade which is a good thing." Timetable stumbles

The original timetable mapped out by the Government for the implementation of the new Licensing Act began when the Bill received its Royal Assent last July

The guidance notes were promised soon afterwards, but now in mid-December they have still not been published

Following approval of the guidance, local authorities have been given six months to finalise their licensing policy statements

There then follows a nine month transitional period which includes processing of new licences

This should have meant the new Act being implemented by January 2005, but the delays now mean it will be March 2005 at the earliest before the new system is introduced

Further delays to the publication and approval of the guidance notes could mean final implementation slipping further to April or May