by Tony Halstead
Pub companies and licensees face a raft of misleading information, ambiguity and inadequate Government guidance notes as they begin the long haul of applying for new licences from next month.
Long-awaited publication of regulations designed to help the trade fashion operating schedules required under the new Licensing Act reveals a series of highly complex and poorly drafted rules, according to the Morning Advertiser's legal editor, Peter Coulson.
He predicts many licensees will face major problems coming to grips with application forms and the other documentation required, unless they get the right sort of expert advice.
And Federation of Licensed Victuallers Associations chief executive Tony Payne says those who do not get company back-up predominantly free-trade licensees and club operators will be the worst affected.
The regulations were finally published by the Department for Culture Media & Sport last week and involve the fine detail covering items such as forms, plans of licensed premises, procedures and hearings.
Few in the trade are happy with what they have read however, and there continues to be doubts about whether the anomalies can be resolved before councils begin receiving licence conversion applications from 7 February.
Coulson said: "The main problem is the complexity of the regulations and their poor drafting.
"Even the DCMS has been forced to admit there are a number of typographical errors, which are currently being scrutinised.
"But there are more serious errors, including conflict with the Act in the forms, misleading indications, ambiguity and, by common consent, inadequate guidance notes that do not fully explain what applicants are required to do."
Major pub companies have announced a package of help for their managers, tenants and lessees.
But many independent free trade licensees and club operators will be forced to go it alone or cough up expensive fees to get the expert help they need.