Extensions for sport is transition's first hurdle

We are now in the first week of the new licensing system. The First Appointed Day was Monday. I do not anticipate that many local authorities have been flooded with application forms, for the simple reason that very few licensees have got their hands on them yet.

But things are now starting in earnest. Technically, the first application forms could have been processed, the first variation application might have been made and even the first 24-hour request put in. But don't tell the Daily Mail!

One of the key issues of the moment is what is called "phasing". Quite rightly, some very busy local authorities are asking the licensed trade in their area to consider making their applications during specified parts of the six-month transition period. Some, I know, have divided the transition into three two-month periods and are asking licensees in three designated areas to apply at different times. Others are taking applications by type of premises.

In all cases, the policies or announcements stress that applications will be accepted during the whole of the six months, up until 6 August. This is what the 2003 Licensing Act requires, and local councils cannot override this statutory period. So, even those who apply outside the recommended phase can still obtain grandfather rights and apply for variations.

However, it is in the trade's interest to be co-operative wherever possible. Local authorities face an uphill struggle to get everything done in the timescale they have been set by the Government.

The Department for Culture, Media & Sport did not help by being late with everything (and getting it wrong in the process). So transition suddenly arrives like an unexpected guest, and everyone is still struggling to get into their party clothes!

What has struck me is the lack of any positive indications about how the hours applications will go. Many of the policies that I have read are quite bland about the issue of hours. Some councils that had draft policies recommending hours have toned them down.

Others have left their recommendations in. I have as yet no information as to whether applicants in these areas are taking note of them or are simply deciding to assess their own requirements and see what the local council and any objectors make of them.

One of the most difficult aspects for all applicants who wish to vary their hours is to make provision for those special events, particularly sporting ones, which take place at unusual times of the day, and which currently are covered in the main by special orders of exemption (extensions). These will not exist under the new regime ­ if you want to open outside the hours on your operating schedule, you will either have to give a temporary event notice (maximum 12 a year for your own premises) or vary the licence entirely, which will be costly.

Composing the wording in box M (currently you cannot have anything on Mondays because they have forgotten to put it in!) which covers non-standard timings for the supply of alcohol, and box O, which covers non-standard openings times, is, therefore, crucial.

I am sure there are many licensees and their advisers who are adopting a "wait and see" strategy when it comes to these issues. Somebody will have to go first on a variation, just to test what the general feeling is within the community. Then the others may well follow suit.

l There is still time to catch Peter Coulson discussing these and other transition issues at the BII Yorkshire Region seminar on Tuesday, 15 February, at Hazlewood Castle. Phone 01276 417846 for details.