Licensing latecomers

The problem
An alarming number of licensed premises have failed to submit an application of any kind for the new-style premises licences which come into force on 25 November. Despite increased warnings through national and local press, plus TV reports and circulars from local government authorities, more than half of licensees haven't taken heed.

The law
The six-month transition period (7 February to 5 August) during which licensees could automatically carry over their existing rights (grandfather rights) under licence is now at an end. But what does this mean for licensed premises which missed the boat? To be sure they can legally trade after the second appointed day (25 November), latecomers will now have to submit their applications before 24 September.

The bad news for latecomers is that regardless of the number of years they've been established, they must now submit their applications as would a completely fresh, start-up business. This gives the licensing office, the police, the fire safety office (and up to five other local authorities, including social services) a powerful influence in the granting of your licence.

Logically, this could affect the way your business is run, particularly if new conditions that were not there before are imposed on your licence.

Expert advice
Businesses which continue to ignore the warnings must be aware that local authorities will begin compiling enforcement "hit lists" in September, carefully itemising businesses targeted for closure. Added to this, licensees who might wish to slip under the detection radar are likely to be trading with invalidated insurance policies, which must be backed up by a valid licence. Existing licences will count for nothing, regardless of the expiry date. So either way it's not worth hiding from the hard facts. All licensed premises are affected by the new laws, like them or not.

Many licensees have asked us how this problem came about in the first place. To be fair to licensees, it must be said that the Government introduced the new licensing regulations in a very inefficient and disjointed manner. This led many trade associations to believe that key dates would be revised and put back, so many advised their membership to wait. But the deadlines were not changed in the end, despite much lobbying by pressure groups in Parliament, and they will remain fixed regardless of further protest.

The new licensing problem is further exacerbated by the fact that expert advice is very hard to find. Here at AVD Licensing, we've been amazed at the lack of helpful information or industry-specific guidance notes in relation to the licensing objectives.

And with this particular new style of law, solicitors are generally not much use to the licensee. This is because the application forms effectively require the applicant to first conduct an "activity audit" of the business and submit "policy statements" based on four prescribed topics or "licensing objectives". To address the objectives properly requires a hands-on knowledge of at least each specific trade and preferably the individual business of each applicant. This is why so many solicitor-led applications fall foul of the new licensing authorities.

Check list
The trick in preparing an application is to know what the licensing authorities and responsible authorities are looking for without wrapping up your answers in legal jargon. Here's a simple check list for applicants to consider, centred on addressing the four licensing objectives:

Prevention of crime and disorder: Key issues include drink-driving, happy hours, good public notices, locking of alcohol stores, CCTV where appropriate, and responsibly managed functions.

Prevention of public nuisance: Includes noise control, litter, car parking, and events control measures.

Public safety: Includes fire assembly points, overcrowding, faulty equipment, and food hygiene.

Protection of children: Includes no-smoking zones, underage drinking, gaming machines, and adult entertainment.

Beware!
Those who don't get their licences established before mid-September face closure over the Christmas period and possibly into the New Year. Some face a fine of 5,000 if they trade illegally, as well as closure.

Contact
Mike Martin
AVD Licensing Services
01934 522225
www.licensingact.com
admin@licensingact.com