I keep finding instances where the new-style licensing laws differ from the existing ones. Recently, I have noticed that the control over the structure of premises is not at all the same. Under section 19 of the Licensing Act 1964, the justices are given the power to make an order for structural alterations to licensed premises, if they are not satisfied with them. No similar power appears to be given to the new licensing authority, which must confine itself to the "licensing objectives", on representations being made. There are limitations on the current law. The alterations so ordered must be "in the part of the premises where intoxicating liquor is sold or consumed". Although this has been held to include the entrances and exits to the bars, it is not clear whether the location of the toilets is something that the bench has power to affect under this section. Certainly, the private quarters and other buildings or rooms where the public are not allowed access, or where drink is neither sold nor consumed, cannot be made the subject of such an order. The justices are charged with securing "the proper conduct of the business" by means of such alterations as they may demand, and they must adhere to that general principle in issuing such an order. One important point: the clerk is only obliged to send a notice of the order to the registered owner, whose name appears on the register of licensed premises. But as the order is usually made at the annual licensing sessions, on renewal of the licence, and as the justices will ask for a plan of the premises prior to the sessions, it is usually the case that the licensee hears of the order being made, or is present in court when it is discussed. Failure to carry out the provisions of the order within the specified period is an offence for the licensee and continues to be a separate offence for each day of non-compliance. Proceedings for non-compliance would normally be taken by the police, as long as they had some notice of the issuing of the order, or had inspected the register themselves. It is not clear whether the making of such an order which has not yet been complied with will be transferred to the new licensing authority during transition. My view is that it is a matter for the police to bring up, if anyone. Finally, this section, as with consent to alterations under section 20, only applies to on-licensed premises. It does not apply at all to off-licences.
