MPs slam Licensing reform

A damning report of the Government's mishandling of licensing reform recommends more power for councils and residents and could lead to higher licensing fees.

The parliamentary select committee report makes worrying reading for the trade, however it does call for a fees rebate for some licensees.

The report says local authorities should not be left 'out of pocket' by the new act - creating fear of a fees increase. Key Points​·​ Council's should not be left out of pocket·​ Lift restrictions on councillors making representations·​ More power for residents to object to TENs·​ Greater consistency across the country·​ Government guidelines for authorities·​ Review of two month time limit·​ Rebate for renewal fee in some cases·​ Introduction of mediation between applicants and residents

It calls for restrictions on councillors making representations to be lifted and recommends the Government gives more say to town hall licensing officers.

The MPs behind the 50-page document also recommend more power for residents to object to Temporary Events Notices.

Rebate​However, they do call for a rebate for licensees who are 'substantially disadvantaged' by any introduction of a single licence fee renewal date because they paid their fees early.

It also calls for Government guidelines to ensure consistency across council licensing policies.

Mediation process​The report urges the DCMS to introduce a mediation procedure between licensees and residents and blames the two-month decision deadline for preventing successful mediation - leading to increased costs for applicants.

It says fees for most applicants now cost 18 times what they did under the old system.The impact on the licensed trade is something of a secondary consideration.​MA legal expert Peter Coulson

Morning Advertiser legal expert Peter Coulson has attacked the report for its slant towards the problems facing local authorities rather than licensees.

Criticisms​He said: "The report talks of stress, late regulations and guidance, inconsistent advice, unclear and irregular information and inadequate support. ​

"These criticisms are not new, but the report is slanted towards problems facing local government and how the ODPM can help.

"The impact on the licensed trade is something of a secondary consideration.

The committee were clearly influenced by council representatives, the LGA and LACORS."

Monitor recommendations​

"Some care should be taken to monitor recommendations which suggest a stronger council role, longer periods for objectors, allowing licensing officials to make objections and permitting ward councillors to marshal objectors."​

The report also says the DCMS should look "urgently" for a solution to the problems facing small operators who are struggling to pay the fees and it should look into providing 'good practice guidelines' to all councils.

Bungled introduction​The select committee criticised the DCMS for its bungled introduction of the act but it also attacked the ODPM for failing to support local authorities.

Committee chairman Dr Phylis Starkey said: "We consider the administration of the process by the DCMS within the allotted time to have been lacking to the extent that applicants were disadvantaged and local authorities put under unnecessary strain."​

"On top of this, the Government took an unacceptable time to produce statutory guidance, which did not appear until nearly two years after the Act was passed. No adequate reason has been given for the late production of such important paperwork.​

"This dilatory approach on the part of the DCMS was completely unacceptable." Comments:​Neil Williams BBPA​"We will be studying all the report's recommendations in detail, but at first glance, a number of the recommendations are positive ones.

"We welcome the idea of a rebate for licensees in the event of an annual day for fee payment.

"On fee structure, we have accepted the principle that the act should finance itself, but it is important to bear in mind that this has been a very costly and complex process for the pub industry and all sides, with costs estimated at ££2,000 per pub. The fees structure should reflect these large up-front costs, but only over an extended period of up to ten years."

"On meditation, we agree that better procedures are needed. Any mediation procedures that lessen the need for costly hearings would be good news for licensees and residents alike."Local Government Association​"Council staff and councillors who sit on licensing committees worked tirelessly to ensure that the new legislation was put into action in a short time frame.

"The report points out that there is much to be learned from this process and it's important that new gambling legislation benefits from this when plans are put in place.

"Councils will continue to work with the government to ensure that this legislation works effectively and efficiently for local people and businesses. Councils have been assured that no costs will be passed to the council taxpayer and this must be honoured."LACORS​"We are pleased to note the report fully validates a number of concerns raised in the LACORS/LGA submission to the inital review of the Guidance and on points that have been made on an ongoing basis to the DCMS. We look forward to working with the Minister and the DCMS on the recommendations made within the report for the benefit of all in our local communities."To comment on this or any other story email us by clicking this link​