Legal advice: Licensing fees review
By David Clifton of thePublican.com's team of legal experts from London solicitors Joelson Wilson.
After announcements last month of special central government funding to assist local authorities throughout England and Wales to discharge their administrative functions, including the additional cost of the new licensing regime, I remain convinced that the coming 12 months will see an increase in the fee levels associated with the Licensing Act 2003, writes David Clifton.
Whether or not in the interests of political expediency, at least there has been a reprieve in relation to any immediate increase. The Independent Licensing Fees Panel reported on December 5 that it was too early for them to reach a view on the fee levels, which are supposed to cover the full cost of licensing authorities administering and enforcing the licensing system - without any additional burden falling on the council tax payer.
However, they will continue their work and will report next in the autumn. In the meantime, they have made the following initial recommendations to the government:
- There should be a central source of information on fees addressed to licence payers, which explains why the system has changed, what the new system does for licence payers and their duties and responsibilities, as well as what a licensing authority's responsibilities are to licence payers
- An annual date should be set for the payment of the annual fee with incentives for paying it
- Consideration should be given to simplifying the application process, particularly in relation to advertising applications and clarification of the requirement for 'professionally' drawn premises plans
- There should be no impediment to licensing authorities making their monitoring, enforcement and administration more efficient and cost effective.
I like the bit about simplification and clarification - sadly not hallmarks of the new Licensing Act. However, I can't help but feel that you will all need to get ready to dig yet deeper into your pockets.
