Nine trade groups threaten legal action over licensing shake-up
A coalition of trade bodies is threatening legal action over plans to tear-up the licensing regime, if the government fails to fully consider the opinion of a respected QC.
A joint submission has been sent by the groups to the Home Office today, raising major concerns about the controversial proposals.
The groups are the British Beer & Pub Association, BII, FLVA, Noctis, ALMR, BHA, BISL, Tourism Alliance and the British Holiday and Home Parks Association.
Opinions from respected licensing QC Gerald Gouriet are included in the submission.
He raises "important and fundamental issues relating to the legitimacy and legality" of the planned changes, which are due to start their journey through Parliament in the next few weeks.
The groups said they were "particularly concerned" that the call for a "deeper review" of the Licensing Act had been denied.
And Gouriet has warned limiting the powers of magistrates on appeal would mean judicial reviews being pursued through the courts.
He also argues the proposal around police evidence could contravene the European Convention on Human Rights.
"The hospitality sector would very much welcome a discussion of the points raised by this submission and Mr Gouriet's opinion before any legislation on the matters addressed here is drafted," the group's said.
"We fear otherwise that there will be no recourse left to the operators of these businesses but to seek a legal remedy through the offices of the trade bodies party to this submission."
The submission also includes alternative plans the groups believe will "deliver better engagement and compliance".
Brigid Simmonds, the BBPA's chief executive, said: "This joint submission, backed by a solid legal opinion, provides a firm foundation for taking forward our case with government, MPs and other key stakeholders."
And Nick Bish, the ALMR's chief executive, added: "These proposals represent an unprecedented threat to responsible businesses.
"We are all agreed collectively that they are unnecessary, unjust and unaffordable and the joint submission puts this case forensically and forcefully.
"We just hope ministers are listening and prepared to act to prevent severe unintended consequences for our industry."
