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Challenging local authorities I was interested to see the article on the matter of licences not issued (MA, Coulson's Legal Advice, 23 November,...

Challenging local authorities

I was interested to see the article on the matter of licences not issued (MA, Coulson's Legal Advice, 23 November, p20).

I would not wish to be seen as defending the indefensible, but the feedback LACORS (Local Authorities Co-ordinators of Reglatory Services) received from council colleagues at a recent meeting of regional authority representatives indicated that they had issued all their licences.

Your article suggests that a good number still have not. If you let my officers at LACORS know, we will certainly follow this up as a matter of priority because we would also like to know why. Not because we have "supervisory responsibility" (we don't) but because we wish to explore how we might support them through any continuing difficulties.

I do accept that a number did have problems and that some of those found it very difficult to allocate resources to resolve matters as a result of the large amount of work that continued post-transition. I do not think "rank inefficiency" was the cause.

The reports from the (then) ODPM (Office of the Deputy Prime Minister) and the Government's Better Regulation Commission on implementation of the Licensing Act 2003 praise the hard work that local authorities and businesses together invested to make the new legislative regime a success. And the eagerly anticipated report from the Independent Licensing Fees Review Panel will, we hope, reinforce that councils did not receive the necessary resources to do the job expected and have had to subsidise the licensing service from other services.

You also suggest that "councils are a law unto themselves" and that there is "absolutely no accountability". That is patently wrong. The bedrock of councils is councillors and we (I am one) are accountable to all who live in the wards we represent through elections.

All councils have corporate complaints procedures and I can assure you any complaints are dealt with seriously. If anyone continues to be unhappy, they can also make a complaint to the Parliamentary Ombudsman.

Alongside this is the appeals mechanism regarding licensing decisions and judicial review. I personally feel that there are a number of opportunities to challenge local councils' decisions. Indeed, I think I need that drink now!

Councillor Geoffrey Theobald OBE

Chairman, LACORS

Legal editor Peter Coulson writes: With respect, accountability to the electors has nothing to do with licensing authorities failing to do their job. The voters are not concerned with such issues, but it seems no one is prepared to rap backsliding authorities over the knuckles for lateness. The drink will have to wait until the last licence has been issued.

Keeping rent levels fair

Many rents are increased automatically every year in line with the Retail Price Index (RPI). The current RPI, announced on 13 December , shows a rate set at 3.9% - the highest level since 1998.

Rent should represent half the Divisible Balance: profit pre-rent in the standard profits-test rent valuation. So if rent increases by 3.9% per annum, so should the tenant's profit in equal measure. Over the five years of a standard rent-review cycle, if repeated annually, this RPI increase represents plus-19.5%. Will your pub increase profits by 19.5% x2 - ie 39% - to pay for rent?

I would be very surprised!

RPI rent-assessed pubs' net income is likely to decrease dramatically in coming years. So I try to strike out RPI annual rent reviews in new lease terms on renewal.

At least one major independent retail company insists on all new leases having this provision, despite assurances to the Parliamentary Trade & Industry Select Committee that upwards-only rent reviews would be abandoned!

David Morgan, FRICS, MEWI, MRPAS

Managing Director

DMP Asset Management,

49 High Street,

Thornbury,

Gloucestershire

Time to lobby for community pubs

Apart from the smoking issue, the most important current piece of legislation is the Sustainable Communities Bill (SCB).

This is the very bill we need to revive the pub as the centre of communities.

One of the SCB's main aims is to stop the indiscriminate change of use of pubs to residential.

Freehouses rarely go under.

So amid the death of corner shops and Post Offices, there's never been a better time to bring pubs back into communities.