A mixed bag

Related tags New licensing regime License

Reform may have caused its fair share of problems in the industry but it has not led to the end of the world as we know it, according to trade...

Reform may have caused its fair share of problems in the industry but it has not led to the end of the world as we know it, according to trade organisations

Paul Smith, executive director, Beda

Overall impression of the new licensing regime: It's been a bit of a mixed bag -

with winners and losers - although the

reality has been far less scary than the expectation.

The combination of guidance, late forms and a hysterical press campaign, meant that a number of operators saw the process as something just to get through - with the possibility of applying for longer hours after implementation.

Greatest hope: To prove the hysterical

pre-implementation coverage by the Daily Mail was wrong, which we did.

Greatest fear: Firstly that the pressure

placed on councils would lead some to mishandle the transition. On the whole councils worked hard in difficult circumstances.

Secondly that knee-jerk enforcement would follow any minor problems that might occur. Knee-jerk responses have currently become standard practice across the country.

Main benefits: Greater flexibility. More opportunity to trade later in the market that our members are expert in.

Issues to be addressed: There needs to be a slip rule to add further flexibility to the process. The necessity of advertising any variation - or new application - needs to be removed to end the unnecessary expense to operators.

Implementation: On the local authority level, a huge amount was done in a number of areas to ensure that implementation was managed effectively.

The timing of the publication of the regulations and the fact that the guidance was pretty opaque in places didn't help though.

John McNamara, BII, chief executive

Overall impression: The new regime has not been without problems, but wholesale change never is. It will be some time before we see a change in the drinking culture. I see the new regime as part of this change, but not the whole solution.

Greatest hope: Simplicity, less bureaucracy and the establishment of more partnerships between the trade, local authorities and the police.

Has this been realised? Partly no, it is still too complex, bureaucratic and costly; but there is strong evidence of local partnerships making a difference in many areas.

Greatest fear: My worries about the regime were more in the initial implementation. The regulations came out late and there was a great deal of angst among those in the licensed trade about the costs and time that applications took.

The Government promised that the new regime would save the licensed trade money and this was always something that I found hard to believe. It has not and will not save money.

Main benefits: The licensed trade is becoming more professional and more responsible through the new Act. All staff working in licensed premises have a greater responsibility.

If you are a barman you not only risk

your employer's licence but you can face instant fines. While making it more

difficult for irresponsible licensees to operate, it has opened the door for more entrepreneurial business people to meet the needs of a more diverse night-time economy.

Issues to be addressed: Costs continue to be an issue. We would like to see fees set centrally by the Government and no increase after the first year. The burden of the start-up costs should have been covered by the first year's fees. Fees are too high for the average pub and too low for complex and large premises.

We would also like to see consistency for the application process across the country.

Implementation: There are still licensees waiting for licences and work needs to be done to streamline the system to benefit everyone.

The Act is now in place and has been for a year. I urge the Government and local authorities to learn from the issues they have encountered and not brush them under the carpet.

Nick Bish, ALMR, chief executive

Overall impression: Judged against the industry objectives of a reduction in red tape, administration and costs, as well as the introduction of greater operating flexibility - the answer is the Act has not yet delivered. There are three main reasons for this: Government mismanagement, over-zealous local authority interpretation, and the crime and disorder agenda.

Greatest hope: Flexibility and deregulated hours. But is it any small wonder that the brave new world of deregulated licensing hours failed to materialise last November? Many operators played safe, opting simply to bank their existing permissions without seeking to alter them. Local authorities were also cautious, wary of ruling out spurious objections, taking note of any comments and returning applications with minor mistakes.

Greatest fear: There was an element of mutual suspicion and this was compounded early this year by the hysterical intervention of the Daily Mail and other media, who were opportunistic in their attacks on the trade and ill-informed in their criticism of licensing reform. Thankfully the prophets of doom have not been proved correct and licensing reform has not heralded the end of civilisation as we know it.

Main benefits: Despite the unsupportive environment - possibly the most downright hostile the industry has endured - multiple retailers continue to deliver. Pubs and bars have probably never been cleaner, more attractive and better run. The industry is undoubtedly leaner, but the process of licensing reform has made us re-examine our offering, focus on what the customer wants and invest in it.

Issues to be addressed: The over-zealousness of enforcers that arises from their inexperience and uncertainty, and which adds unaffordable costs onto the system. In the first six months of the new regime, a survey of ALMR members revealed a 400% increase in inspections by the police and local authorities. Multiple operators have been appalled at the way licensing reform has been hijacked by crime and disorder issues, and to a certain extent by the anti-alcohol lobby.

Implementation: The Government's failure to handle the introduction of such a complex piece of law properly meant that the transition to the new licensing regime was chaotic, costly and unnecessarily complicated.

Guidance to the Act took a year to approve and the regulations were not completely ready before the First Appointed Day. This was a recipe for an administrative nightmare. None of the principal stakeholders fully understood the Act - how could they? And we have all had to learn through experience.

Rob Hayward, BBPA, chief executive

Overall impression of the new licensing regime: Generally positive with a few glitches, such as the distribution of licences and the fact that too many were wrong. We also have the fees review still to come.

Greatest hope: It wouldn't be anywhere near as bad as what the doom mongerers predicted. The events of the last 11 months suggest the Daily Mail got it wrong.

Greatest fear: The biggest fear was over-regulation and this was borne out. The whole application process was lengthy and burdensome.

Main benefits: Flexibility, but has yet to be realised. We are only beginning to settle down and think about what pubs can do with extra hours in the morning. I believe the councils have been more cautious than they will be in the long run. People were frightened by the media hysteria and there was neurosis. Manchester will never become a Milan or Madrid but if it becomes a Vienna or Amsterdam, I will be happy.

Issues to be addressed: Firstly there must be greater consistency from the agencies, secondly simplified paperwork and thirdly in one word, Westminster.

Implementation: I have never been able to figure out precisely just how close the Government came to pulling the legislation in the tidal wave of neurosis. One of the most frustrating things was the naysayers putting up continual hurdles.

At first it was, you survived the first night but it was cold, then the first weekend but it was cold again. Then it was, "but you

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