Legal advice: Catalogue of disasters

Related tags Premises licence Local authorities London solicitors joelson Tessa jowell License James purnell

Extended hours brings out the binge-whingers.By David Clifton of thePublican.com's team of legal experts from London solicitors Joelson Wilson.As I...

Extended hours brings out the binge-whingers.

By David Clifton of thePublican.com's team of legal experts from London solicitors Joelson Wilson.

As I write this, the initial excitement of the Licensing Act 2003 may well have passed. But newspaper headlines are still ranting on hysterically about the breakdown of civilised society as we know it in the wake of the extended drinking hours. Plus, perhaps predictably:

  • Jeremy Paxman has been giving Tessa Jowell a hard time on Newsnight
  • Various opinion polls allegedly show more against than for extended licensing hours
  • Magistrates have been criticised for "inflicting" a string of defeats on councils who wanted to restrict opening hours, infuriating police and residents
  • Individual members of licensing committees have controversially entered into the fray with outspoken criticism of magistrates who overturn their decisions on appeal
  • Police and hospital staff are saying they will not be able to cope with the "inevitable" fall-out
  • The nation as a whole is caught up in a tremendous binge-whinge.

So will it turn out to have been a storm in a pint-pot or can we expect a backlash against the industry to gather steam in the coming months? Ms Jowell has been quoted as saying that she will review the new licensing legislation "if magistrates overwhelmingly favour pub companies".

Licensing minister James Purnell has said that within the first three months of the Act coming into full force - that is by February 24 - he will "look at any immediate areas of concern that could be usefully clarified through issuing additional advice" with a view then to redrafting the statutory guidance by next summer.

An unnamed spokesman for the Conservatives has been quoted as saying that both local authorities and the public have been made powerless and that "regardless of the concerns of police, local authorities or the public, these new laws are weighted in favour of longer opening hours". In the eternal game of ping-pong that is British politics, Mr Purnell denies that this is so.

Add to this:

  • Research that apparently shows that just one in 20 adults intends to spend more money in pubs under later opening hours
  • An enforcement campaign being held until December 24 targeting, in particular, under-age sales and unlicensed door supervisors
  • Widespread examples of blatantly disproportionate conditions being attached to premises licences and decisions by some licensing authorities that can only be described as completely bonkers
  • A criminal records system that cannot cope with the demands of the new personal licensing regime, sabotaging the designated premises supervisor (DPS) requirements over sales of alcohol
  • Some local authorities still maintaining that either the DPS or a personal licence holder must be on the licensed premises at all times.

In short, it's not looking good from the industry's perspective.

What is clear is that:

  • As anticipated by many, local authorities have been unable to cope with the workload put upon them by the new legislation, with large numbers still unable to produce premises licence documents before Christmas and others that were unable to convene premises licence hearings before November 24 - the Second Appointed Day
  • The majority of premises licences which have been issued contain errors
  • Magistrates courts are unable to handle the timely processing of appeals with some being given hearing dates as late as May of next year
  • As a direct consequence of councils maintaining they need central government funding to pay for the cost of the new regime, licensing fees will soon rise
  • In what many critics will regard as a climbdown by the government, tacit approval has been given to an arrangement that will allow premises without new premises licences to continue to trade while their licence applications are processed.

Many readers of The Publican will have received advice from their trade associations, pub companies or solicitors of the steps they should take regarding their inability to display their premises licence summary as required by the new law. Let us all hope that common sense rules the day and that police and council licensing officers observe the joint LACORS/LGA/ACPO statement that they will "encourage a proportionate and risk-assessed targeted approach to those properties operating without a licence".

Nevertheless, it will still technically be an offence for no licence summary to be displayed and a warning has been issued to premises whose "levels of crime, disorder or anti-social behaviour are of concern" that they are particularly at risk.

If you find yourselves in the position of having applied for, or having been granted, your premises licence but are still awaiting the document itself (or a summary of it), you have a "reasonable excuse" in your defence.

Let's be charitable and give the final words to Mr Purnell: "The Licensing Act is a significant piece of legislation that will create a more co-ordinated and democratically accountable system. It will give local communities increased powers to target troublemakers, while allowing more flexibility for the responsible majority."

That's answered that then!

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