Legal advice: Advising the adviser
Who is guiding the local authorities on the new licensing regime?
By David Clifton of thePublican.com's team of legal experts from London solicitors Joelson Wilson.
I have written in recent articles about the view taken by the Department for Culture, Media & Sport (DCMS) that the transfer of an existing licence after February 7 would prevent an application being made for its conversion to a premises licence. I subsequently reported on the advice published by three leading licensing barristers that the DCMS view was incorrect.
I am very pleased to say that the licensing minister Richard Caborn has now described those barristers' advice as "soundly reasoned" and has said that he would have no policy objections were licensing authorities to adopt the view that following a transfer after February 7, the relevant grandfather rights will still apply, enabling application for conversion to a premises licence.
The minister nevertheless makes the point that he cannot direct licensing authorities to adopt one particular position or another, that they must each act on the basis of their own legal advice and that ultimately any challenge on a point of interpretation will be for the courts to decide.
LACORS is the national body which provides guidance on licensing reform issues to local licensing authorities.
LACORS itself considers that transfer of an existing licence will not prevent application being made for conversion. However, it also makes the point that each licensing authority should discuss this position with its own legal officer. Additionally, LACORS has said that:
- if any other change occurs to an existing licence (for example a justices licence or public entertainment licence) after February 7 2005, that change can be included in the application for conversion to a premises licence;
- if an additional certificate (e.g. a special hours certificate or supper hours certificate) is obtained after February 7, 2005, that change can be included in the application for conversion. It must follow that the same would apply to any change to an existing certificate.
LACORS is generally now taking a very pragmatic approach.
We shall keep you informed of any further developments of which we become aware.
