Licences are no longer removeable'

The "sweeping away of our antiquated licensing laws" is easier said than done.

True, you can get rid of a whole host of laws which date from the 19th century; but then you replace them with another set which are just as complex and, regrettably, just as difficult to understand.

But there is one old-style law that will disappear for good, and that is what is known as the removal of a licence. It means taking the licence from one set of premises and applying it to another.

I have been asked what will happen under the new law if you want to run the same licence in different premises, maybe because you have outgrown the current ones and want to continue the business somewhere else.

Can you use the premises licence you already have, or do you have to start from scratch?

As things stand, in the case of ordinary removals, the premises from which the licence is to be taken do not have to be in the same licensing district, but the application must be made to the justices who will have jurisdiction over the "new" licence.

The bench must be satisfied that no-one with an interest in the old premises objects to the removal. This is clearly necessary to prevent licence "theft", because the person applying for removal need not be the holder of the existing licence. This means that removal can effectively be used for a transfer as well, but only where the existing licensee is giving up the trade or applying for a transfer to another pub which is already licensed.

Removals are very unlikely during transition, but there is clearly a distinct legal advantage in already having the licence in existence. Alas, this will not happen in the future.

What will be needed will be a direct approval for the new premises, fulfilling certain criteria. The theory is that as "need" has been effectively abolished, retaining hold of a licence is no longer such a necessity.

So even "old" on-licences, which used to have such a value, will simply be ordinary premises licences. Alas, my own jaundiced view is that life might be more difficult if the local authority does not want any more licences in that particular area.

In spite of what the new act might say, council policy may eventually hold sway, and without removals to back you, you will just have to look for another site.