Licence delays will force pubs to open 'illegally' from SAD
Thousands of pubs across the country will be forced to open "illegally" when the new Licensing Act comes into force on November 24.
More than eight out of 10 licensees had still not received their new premises licence by the middle of this week according to the British Beer & Pub Association (BBPA).
With the Second Appointed Day now just days away, it seems that while the vast majority of pubs have applied for their licences in good time, many councils may not have fulfilled their side of their bargain.
Under the terms of the Licensing Act pubs are required to display their licence certificates or could face action from police and the local authority.
Many local authorities are issuing letters to pubs now, confirming their licences have been granted before the deadline.
Licensee Glen Haley, tenant of the Spotted Cow Inn in Drighlington, West Yorkshire, said: "The local authority has told us we will get a premises licence but up until now we have had nothing.
"We will be opening our new hours from 10am to 12pm but technically if we do not have a premises licence we will be breaking the law."
Lancashire-based Thwaites Brewery has only received 100 licences for its 420 pubs despite the fact that it sent in the majority of its applications before the first deadline of August 6.
Paul Howarth, retail operations director at Thwaites, said: "We have to acknowledge we can't be absolutely sure on all the conditions as we have not got all the licences. "If any licensees have not heard they should phone and check their variation has been granted."
Responding to concerns from delegates at last week's Publican Conference, licensing minister James Purnell claimed neither councils nor police would be heavy-handed with pubs in the weeks following November 24.
Giving the keynote address at London's QEII Conference Centre in Westminster, Mr Purnell said there would be inevitable delays in the early days of the new regime as the licences filtered through the system - but pubs would not be penalised as a result.
However, a letter to councils from LACORS, the local authority governing body, the Local Government Association and the Association of Chief Police Officers has indicated that pubs should continue to operate under their old hours to prevent them being targeted in enforcement campaigns across the country.
Mark Hastings, communications director of the BBPA, said: "While many licensees are still waiting to receive their licences from local authorities, it would be grossly unfair if this resulted in any enforcement action.
"Local councils need to get on with the job of issuing licenses where they have been granted, and quickly. Where they have failed to do so, common sense must prevail."
