Thousands miss out on grandfather rights
by Ewan Turney
About 6,000 pubs have lost their grandfather rights after failing to submit their premises licence applications before the 6 August deadline.
The good news for the pub industry is that it finished top of the pile compared with other sectors, with just over 90% of all applications being submitted.
Overall, the Department for Culture, Media and Sport (DCMS) estimated that 75% of applications had been received, although this figure is expected to rise as counting continues. That means about 50,000 pubs, restaurants, off-licences and takeaways missed the deadline. Independent traders, in particular kebab shops and corner stores, fared worst.
Licensing minister James Purnell reported a 'genuine late surge in applications as many councils stayed open until midnight to receive applications. The majority of councils also accepted applications in Monday morning's post. The DCMS-funded licensing information line received 220 calls on Friday evening as the rush began. Westminster, the country's largest licensing authority, received 317 applications over the weekend and, as a result of the late rush, reported 77% of its 3,500 applications were in.
However, some areas struggled to reach the halfway mark. Bournemouth reported receiving 450 applications from an expected 1,200 premises just 38%. Tynedale council received only 50% of applications and Dover, Canterbury and South Tyneside all struggled to get above 60%. Ashford and Swale came out top with 90% of applications received, while Liverpool, Newcastle and Birmingham all passed the 80% mark.
The British Beer & Pub Association said its members had submitted 'virtually 100% of their applications and estimated nine out of 10 pubs in the country had applied for later opening hours.
However, it warned the confusion and complications were not yet at an end. 'We have completed what has been a very costly and complex process for the pub industry, said director of communications, Mark Hastings. 'We have pulled out all the stops to complete the process on time. We've delivered our side and we are now looking to the local authorities to deliver. Over-zealous town hall bureaucracy and unnecessary hearings could well bring the process to a grinding halt.
Local Government Association spokeswoman Trish O'Flynn said the challenge facing local authorities was growing by the day. Larger authorities, such as Birmingham, are already struggling to fit in all the licensing sub-committee hearings necessary if valid representations are made.
'Some panels are already sitting daily, she said. 'The bigger authorities would have liked more flexibility in the people allowed to sit on the licensing sub-committees. It is currently made up of three people from a pool of 15 councillors, but if that was increased more hearings would be able to be heard.
Time constraints mean some authorities may now be forced to invoke the two-month rule for applications received before 6 August, whereby all conversions are automatically granted and all variations rejected and forwarded to the magistrates.
O'Flynn added that authorities would be wise to process variations first, but could not instruct them to do so. 'It makes sense to focus on those that need the most work first, she said.
For further information, contact the licensing information line on 0207 072 7447.
