Licensing Act: one year on

Councils are expressing their dissatisfaction with the Licensing Act and demanding further clarification from the government as soon as possible over certain elements of the new regime.

Twelve months after the Act became law a picture is emerging of a number of local authorities still unhappy with the way licensing is being handled in Westminster.

Councils are asking for the further guidance to the Act, which has been promised since the summer, to be published as soon as possible.

Complaints from local authorities contacted by thepublican.com this week included:

- the continued lack of an annual date for licensing fees

- councils are not recouping all their costs through the system

- the system for temporary events notices (TENS) does not allow enough time for objections

- guidance from central government is still not good enough.

However, most councils were agreed that the Act had made a positive contribution to town and city centres.

Canterbury City Council commercial health manager Roger Vick, said guidance from the DCMS was still "outmoded and difficult to interpret".

Vick said the system of temporary events notices, which demand that councils must process applications within 10 days and allows only 48 hours for objections, was not good enough.

"As well as the police, environmental protection officers need to be able to object to TENS applications. Ten days is too short for applications and 48 hours for objections is also too short," he said.

A spokeswoman for Cardiff City Council said: "The fees review panel needs urgently to complete its deliberations and permit local authorities to fully recover their costs". 

Liverpool City Council said the implementation of guidance on the Act had so far been too hurried, citing the example of the policy on designate premises supervisors (DPS) as an example of how the act had not been properly thought through.

"Why bother having a DPS if he does not have to be on the premises?" said a spokesman. "The legislation should have stated that if not a DPS, then at least one personal licence-holder should be on the premises when alcohol is sold or supplied."

Newcastle was among those councils demanding clarification on fees.

All the councils claimed they have now distributed their premises licences.

The Department for Culture, Media & Sport said the new set of additional guidance to the act would be issued before the end of the year.

Licensing minister Shaun Woodward told The Publican this week he was waiting for Sir Les Elton's report on fees, which is also due to be published shortly, before making a decision on the date of payments for annual licensing fees.

THE MIDLANDS​

Birmingham has been one of the most positive areas of the country about the Act - the city's Broad Street area has seen a 60 per cent fall in reported incidents of crime, thanks to a combination of its designation as a business improvement district the Act.

Pete Barrow, head of licensing at Birmingham City Council, told The Publican: "Staggered hours have reduced peaks of activity for police and taxis - and fears of binge-drinking and 24-hour drinking have not materialised."

Barrow said guidance from Westminster had been hard to come by initially, but as time progressed the DCMS had become more and more helpful.

Five reviews are currently pending - with each one related to underage sales.

Licensee Antony Woodbine at the New Inn, Birmingham said the change in the laws had been beneficial to the pub.

"We've moved our hours around. We've added an extra hour on Friday and Saturday and an extra half hour on Sunday," he said.

"I can pick and chose when I open, so when the place is rammed I don't have to close. But I've been a licensee for over 20 years and anti-social behavior is never going to change. The Licensing Act has had no effect on that. Those people who are going to binge drink are going to binge drink."

THE NORTH AND NORTH EAST​

Inspector Neil Mutch, in charge of neighbourhood policing in Sheffield City Centre said: "Patterns of disorder have changed in general terms and we certainly don't encounter the traditional 11pm and 2am mad rush. The implications for resourcing are the down side to this however and it does create challenges."

Newcastle City Council said the introduction of the laws had been positive, and that it was happy with the guidance from Westminster.

"Residents have been positive about the laws," said a spokeswoman. "Three licences in the city are currently under review but not necessarily related to residents."

Licensee Richard Slade, of the Magnesia Bank in North Shields, said in his experience all the scare stories from the media have been proven to be "totally inaccurate".

"The doom and gloom merchants were entirely wrong. Even doubting chief constables who said society would collapse have to hold their heads in shame," he said.

"Good licensees managing their premises well have no problems. It hasn't led to an increase in drinking because it hasn't led to an increase in spending."

THE NORTH WEST ​

Cumbria Police said late-night disorder had reduced in the region.

They say licensees are trading responsibly, although they claim grandfather rights should have been removed during the transition period.

"All licensees should have been made to train and qualify for BII qualifications, bringing them up to date with the requirements of the Act," said a spokesman. 

"In the majority of cases if you ask the licensee a straightforward question "What are the four licensing objectives" they have no idea.

But he Act has made licensees more responsible now in the way they run their premises.

In Manchester police say they have seen no real change in levels of disorder since the introduction of extended licensing.  

Liverpool City Council said the overall effect of the Act had been positive, with the premises licence being a 'one stop shop' for the trade.

"The government's objective has been achieved in that not everyone is on the streets at 11pm or 2am," said a spokesman. "This appears to have caused less disorder at taxi ranks and takeaways."

Five reviews have been completed in the city, with one pending.

THE SOUTH EAST​

Canterbury City Council - which was taken to the High Court last year as the pub trade protested over its over-fussy licensing policy - said the Act had been beneficial to both customers and businesses.

Commercial health manager Roger Vick said there was evidence, both actual and anecdotal, showing a reduction of alcohol-related violence in all areas. 

"There has developed a wider, more flexible use/promotion of all the licensable activities, not just alcohol," he said.

Vick is pleased that residents are using their powers to raise concerns over problem premises, and claims that action is taking place to deal with problem pubs as a result.

But he claims the main effect of the Act has been to lengthen the period of public nuisance to local residents. "It depends where they live. Those in the centre of towns where establishments are open later complain of increased disturbance. Others welcome more relaxed and 'civilised' licensing hours."

THE WEST ​

Bristol City Council said there did not appear to have been any major changes to the night-time economy since the Act came in.

"It had been anticipated that a combination of the World Cup and a hot summer would give rise to a significant increase in anti-social behaviour however that does not appear to have been the case," said a spokeswoman.

"Over the period in question our noise control team saw only a small increase in the number of complaints regarding licensed premises."

The council said some premises were currently under scrutiny due to trading problems - but they were the same venues which had had problems under the previous regime.