Trade's finally fighting amid transition turmoil

It is hardly surprising, after the almost farcical start to the transition process this month, that heated words were exchangedat the Department for Culture Media & Sport last week.

At last, some trade representatives have thrown off their woolly sheep image and have had the courage to round on the DCMS officials who put them in this fine mess in the first place. But will it do any good?

The time to play hard was, as I suggested, months if not years ago, when this convoluted and ill-conceived programme was first suggested. At that time I urged the licensed trade to fight its corner and not be lulled into accepting the proposals as all good news. Instead, they pronounced far and wide what a marvellous new opportunity this was and how all licensees should applaud and support the change.

I wonder how many votes they would pick up now.

True, when the dust settles, as it must inevitably, the licensed trade will make as good a fist of the new regime as it can. Butmy fear is that thousands of licensees will find themselves technically and financially worse off than they were before ­ and subject to far more interference and control than they have ever known.

But for the present, there is a massive hurdle to overcome: the transition process is in deep trouble. Huge delays, last-minute changes and daunting forms have left the majority of licensees still reluctant to come forward. A large percentage of those who need to apply may still be in complete ignorance of what is happening. Many local authorities are not in a position to spoon-feed applicants ­ theofficial line is that they are not required to. So when a landlord tells me that he is not doing anything because it is up to his local council to contact him, then I recognise that there is a huge gulf of misunderstanding to bridge.

There is now considerable pressure on the DCMS to extend the six-month transition period, because it is seen as simply not long enough to obtain the necessary percentage of conversions. The problem is that the actual period is laid down in the Act ­ an error of judgement in drafting that simply highlights the general incompetence of approach. The DCMS were advised right at the beginning of discussions that they should make this period adjustable, but as with many things, they just didn't listen.

Now Richard Caborn the minister is privately saying that they are looking at ways of extending it. But that is goingto be extremely difficult. They need amending legislation, and we are already just over five months away from the statutory end of the transition period. Intervening is a general election, during which Parliament is not available for such matters and licensing is not a priority. How is he going to get something on the statute book?

No, it is most unlikely that time will be found for actual legislation, although provision will have to be made for amendments to the flawed statutory instruments on the regulations, which are full of errors and omissions. This means that come 6 August we could be facing the scenario of a huge number of existing licence holders who have missed the cut-off point and will have to apply from scratch for a new premises licence (and possibly personal licences as well). This means some months of additional processing and hearings, with the prospect of one or two major objections, which could result in refusal. Licensees who have missed the cut-off point will also have to take a fresh examination on the licensing laws to qualify.

Do not hold your breath for a November start.