Itching for licensing reform
The new Licensing Act was claimed to sweep away hundreds of different and complicated laws that applied to licensed and entertainment premises and replace them with a simple administrative procedure.
Well, by anyone’s reckoning that just did not happen. Certain things got easier, but a whole lot of normal applications just got harder and more costly.
Then they started tinkering with the Act, then the Home Office came back on board and started on wholesale changes and additions. Those who run the trade’s training courses for personal licence holders have had to re-write their literature scores of times.
Meanwhile, those licensees who never had to train and were ‘grandfathered’ over must be wondering what has happened to the system they understood so well.
The problem is that instead of that simple administrative function they promised, each local authority has its own take on what is needed and there is not the ‘good practice guide’ that would bring uniformity.
In addition, the cost and difficulty of appealing to the higher courts on matters of procedure means very few cases end up being decided on these minor matters, even though the creators of the new legislation assured us the appeals procedure was properly in place. It even costs £400 to go to the magistrates in the first instance.
So we are still left with aspects of the legislation that cause confusion and lead to different interpretations in different areas of the country.
The statutory guidance issued by the Secretary of State has never been a complete guide to the law and does not even claim to be.
The big opt-out for all Government departments is “we leave that to the courts to decide”.
But if the courts do not get the relevant cases, they will not decide and the situation will be left for the interpretation of individual officers and council legal advisors who may not be licensing experts.
We are this year embarking on yet another major change to the legislation, the full impact of which has yet to be felt. But even if some of the new measures fall unfairly on blameless pubs, there is no forum or appeals system that is going to be of much help.
Giving more power to local authorities, a key part of Government policy, means there are likely to be some that take the legislation to its full extent and others who tread warily. So again there will not be any uniformity about the way the law is administered.
You will just have to get used to the ways of your own authority, if you are trading alone. It is the multiples and the national operators who will need to find out how each area is likely to deal with licensing in future.
A great deal has happened in seven years. Those in the trade who welcomed the new legislation may now review their enthusiasm. It is far from perfect legislation and is being used as a repository for anti-alcohol views rather than an administrative tool.
Meanwhile, the trade has reached one of its periodic low points in fortunes, both politically and economically. It remains to be seen who has the wit and wisdom to present politicians with a clearer way forward.
