Guidance notes are far from simple

It is a well known fact that whenever I leave the country, something important happens in licensing!

I only have to get on a plane and the Government issues a guidance or legislation the following day. So you will forgive me if my first reaction to the long-awaited Guidance for Licensing Authorities, which is meant to kick-start the new licensing procedures, is somewhat brief. The first observation is that an Act, which requires nearly 200 pages of guidance for the licensing authority to be able to do its job, is far from the simple and straightforward legislation we were promised. It is also clear that the guidance does not in itself lay down hard and fast rules for licensing procedures or decisions. The procedural material is to follow shortly, and it is likely also to be a lengthy document, although not as long as this one.

In fact, the introduction is at pains to point out that "the guidance does not in any way replace the statutory provisions of the 2003 Act or add to its scope and licensing authorities should note that interpretation of the Act is a matter for the courts". It goes on to suggest that licensing authorities and others using the Guidance should take their own professional and legal advice about its implementation.

All this leads me to believe that the legal profession will be extremely busy over the next few years as interpretation of the Act, the guidance and local authority procedures are scrutinised. Whether this in itself will lead to the simple, transparent and effective licensing system that Minister Tessa Jowell promises us is very much open to question. There is one important point that receives prominence and should not be overlooked.

The guidance requires the approval of both Houses of Parliament before it can be formally laid. Given the wide-ranging debates, particularly in the House of Lords, as the Bill itself progressed, confirmation of every section as it stands is by no means assured. Local government will undoubtedly require to be certain of the final wording of the guidance before beginning the final stages of policy documents (which are a statutory requirement), and therefore will press for a full six months from final approval before the First Appointed Day when applications can begin in earnest. So there is still a lot of work ahead before you can pocket new licences. More thoughts from me after the jet lag has died down!