031/04
23 March 2004
Draft Guidance On Licensing Reform Laid Before Parliament
A key step towards the modernisation of England and Wales' archaic licensing laws has been made today with the laying before Parliament of draft Guidance to licensing authorities.
The draft Guidance supports the Licensing Act 2003, which paves the way for a more responsive and flexible system of licensing the supply of alcohol, the provision of regulated entertainment and the provision of late night refreshment.
The draft Guidance requires the approval of Parliament. Once it is approved it will assist licensing authorities in carrying out their functions to promote the four main aims of the Act.
- the prevention of crime and disorder;
- public safety;
- the prevention of public nuisance; and
- the protection of children from harm.
Culture Secretary Tessa Jowell said:
"The Guidance makes clear our determination to enable licensing authorities and the police to bring the minority of badly run premises into line with the best.
"The police and other responsible authorities should make full use of existing, and new powers under the Act, proactively tackling alcohol-related crime and disorder and badly run premises.
"In carrying out their functions under the Act, licensing authorities have a clear responsibility to promote the prevention of crime and disorder, and the prevention of public nuisance, as well as promote public safety, and protect children from harm."
The draft Guidance emphasises that licensing is fundamentally about recognising rights and the acceptance of responsibilities.
It focuses on establishing effective partnerships between local authorities, local businesses, the police, communities and others to promote good practice and responsible behaviour and to target and penalise those who are causing problems within our communities.
The draft Guidance is subject to approval by both Houses of Parliament and may be subject to debate before the final version is agreed on by both Houses.
Once the Guidance has been approved by Parliament, there will be a period of approximately six months during which time licensing authorities should be preparing licensing policy statements. These should have regard to the Guidance and promote the licensing objectives.
This will be followed by a nine month transitional period to allow existing licence holders to transfer to the new regime. It is expected that the new licensing system will be fully implemented in mid 2005.
Notes to Editors
2. The draft Guidance compliments the Government's Alcohol Harm Reduction Strategy for England which was published last week and set out a blueprint for forging new partnerships with the health and police services, the drinks industry, and communities, to combat the range of problems caused by alcohol misuse in England.
The Strategy puts joint action at the heart of a series of measures which will:
- tackle alcohol-related disorder in town and city centres;
- improve treatment and support for people with alcohol problems;
- clamp down on irresponsible promotions by the industry; and
- provide better information to consumers about the dangers of alcohol misuse.
3. The Licensing Act received Royal Assent on 10 July 2003. Fuller details of the contents of the Act are as follows:
- The amalgamation of six existing licensing regimes (alcohol, public entertainment, cinemas, theatres, late night refreshment house and night café).
- A single integrated scheme for licensing premises which sell alcohol, provide entertainment to the public or provide refreshment late at night, sweeping away considerable red tape and cost.
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- Premises licence to incorporate licensing operating conditions (e.g. hours, fire exits, capacity) addressing the key areas of crime and disorder, public safety, public nuisance and protection of children from harm. They will be set locally, if necessary, on the basis of the assessment of what is in the overall public interest of the community.
- A new system of personal licences which allow holders to sell or supply alcohol for consumption on or off any premises in respect of which there is a premises licence authorising such sale or supply. (Those providing regulated entertainment or refreshment at night which do not involve alcohol, would require a premises licence only).
- Personal licences to be issued for 10 years to those aged 18 and over following a test of knowledge of licensing law and social responsibilities and subject to police scrutiny if relevant or foreign offences have been committed, with provision for suspension or withdrawal of licences within that period: abolition of vague "fit and proper person" test in respect of licences to sell alcohol. Personal licences are renewable.
- Personal and premises licences to be issued by licensing authorities: generally local authorities.
- Premises licences to be supported by flexible range of remedies following review (including temporary reduction in opening hours) instead of present single all or nothing sanction available to licensing justices of loss of licence if conditions have been breached.
- An avenue of appeal for parties (including the police and local residents following representations) to the magistrates' courts.
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- To minimise public disorder resulting from fixed closing times, the opportunity for flexible opening hours, subject to consideration of representations made by local residents and other interested parties and responsible authorities (and therefore existing permitted hours to be abolished).
- Children under 16 to be allowed access to pubs only if accompanied by an adult. Licensing authorities to have the ability, if necessary, to restrict or deny access for children to unsuitable licensed venues following representations.
- The legal age for drinking alcohol on licensed premises and for buying it there, whether as off-sales or on-sales, both to remain at 18. An exception will allow 16 and 17 year olds accompanied by an adult to consume alcohol of less than spirits strength with a table meal on licensed premises.
- New requirements in the wake of the Thames Safety Inquiry for licensing the sale of alcohol, and the provision of entertainment and late night refreshment on boats travelling within England and Wales.
- New arrangements for non-profit making qualifying clubs supplying alcohol to their members, which preserve their special status.
- Incidental live and recorded music to be exempted from licensing for the first time.
- Unamplified live music in small venues to be treated exceptionally to ensure traditional and amateur folk music thrives.
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- For the first time, the provision of entertainment in a school and sixth form college by the school or college will be exempted from the licensing fee associated with that provision.
- The current exemption from the payment of fees for entertainment in every village hall, church hall and community building outside Greater London to continue, and extending it throughout the whole of England and Wales.
- For the first time, it will cost nothing extra to get permission to put on live music in pubs – given that pubs have to get a licence anyway for the sale of alcohol, applying for permission at the same time for provision of live music becomes effectively free.
- Power for the Secretary of State to order special licensing hours during a period of up to four days for all premises on special international, national and local occasions, like World Cups, Royal Jubilees and Commonwealth Games.
- Abolition of a range of ancient and special privileges regarding sales of alcohol held by the Crown, certain theatres, the Vintners of the City of London, the Vice Chancellor of the University of Cambridge.
- Repeal of the Welsh Sunday Opening Polls which can result in the sale of alcohol on Sundays being prohibited in Welsh Districts.
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