'Noisy' pubs to get council earache

Another busy year lies ahead for you and me, with new legislation to explain and understand, plus the prospect of more local council involvement in the licensed trade. The fun

of Christmas will soon seem but a distant memory...

Gambling and smoking may be set to grab the headlines in the next few months, but other aspects of running pubs may provide more important pointers. There is no doubt that noise and disturbance will be an issue, as the police and local authorities seek to use new powers to curtail events or close down unruly premises. These will be a minority, of course, but some areas will suffer more than others, as local interpretations of what is excessive noise vary so much.

That to me has been the lesson of 2006. Shifting power to local councils has not provided the consistency the Government claimed it would, and they have done nothing to help. Once again, they are late with the production of the complete revised guidance on the Licensing Act, but there are not many experts who think that it will do more than paper over the cracks. It is not good enough to claim that the new act has been successful in streamlining the licensing laws if you do not get the administration of the new law right in the first place.

There are too many big question marks left at this late stage. The system is very rigid and this has led to some councils applying the law too strictly, while others have taken a more relaxed view. That, in itself, leads to inconsistencies. So, instead of a universal system, we have one where the location of the premises can be a key factor in profitability and ease of operation.

The transition stages of the new Gambling Act begin this month, with the first of numerous applications being made for what is a very diverse industry. Fortunately, at this stage the licensed trade need have few concerns, as most of the existing permissions will carry over for the limited gaming opportunities which now exist, mainly AWP machines and small-stake gaming. But poker will be an issue - both cash games and 'prize competitions' - and it remains to be seen whether the Department for Culture, Media and Sport (DCMS) actually does allow this popular game to be played in pubs in the future.

Again, it may be that differing opinions in local councils will emerge: remember that they now control what games can and cannot be played in the bar, not the magistrates.

There is half a year to the smoking ban, and there will doubtless be some who are looking for an escape route through re-interpreting the Health Act. I think it has been drawn fairly carefully and there do not appear to be many loopholes, but I am sure some will be found and examined in the pages of the Morning Advertiser. As I predicted last year, planning looks to be one of the major problems for smoking shelters and areas, plus the disturbance element to neighbours as smokers congregate outside the main building.

Licensing ministers come and go, and the current one may well not last out the year. But a change of Minister these days does not herald major shifts in policy as much as it used to, and the DCMS will have its hands full with other issues such as the Olympic Games and casino legislation.

What needs to be done is to keep the

pressure up to ensure that necessary changes to the licensing laws are made sooner

rather than later, and that vital trade issues are

not forgotten.