What if they don't notice?

Pondering on the new proposal for online applications, which I featured last week, it occurs to me that my criticisms of some local authorities raise another rather unappealing prospect.

The transfer of responsibility for the transmission of copies of the application from the applicant to the local council, while a welcome prospect, does beg the question: what if they fail to notify properly?

As some councils have already pleaded pressure of work for their failure to deal with correspondence and application material, is there any confidence that they will pass on accurately and at the correct time the electronic application forms transmitted to them. And if they do not, can the "aggrieved" responsible authority delay the process, if there is no fault by the applicant?

After all, under the present system, the various responsible authorities have a full 28 days to lodge an objection to the application. Many of them go "up to the wire" on this — practitioners will tell you that there are numerous examples of representations being made by email on the last available day of the period. If they find themselves out of time due to a default by the licensing authority in advising them of the application, are they then going to insist on a further period of notice?

In spite of the fact that most practitioners will send copies of applications by recorded delivery, the applicant does not always receive — and is not entitled to — an actual acknowledgement of service. So under the new electronic system they will not be aware of whether the application has been transmitted on, unless there is a confirmation system in operation, which is extremely unlikely.

There is also the interesting point about different notice periods — it would appear that with a paper application for a temporary event notice (TEN), the police will have longer to object if the notice is given electronically, say on a Friday, than they would do if it was delivered by hand or posted. The idea of differential notice periods is a new one and although objections to TENs are very rare indeed, it does set something of a precedent. Don't the police work at weekends?

Electronic application is an important development in licensing. As I commented last week, it has to be done properly. If you have any comments or questions on the consultation or on procedures, please do let me know. My email address is on the previous page.