UK Licensing laws are in dire need of modernisation

Either we are in Europe or we are not. If we are, then our politicians should begin to treat us as adults rather than potentially naughty children. Unlike us, our European counterparts are entitled to enjoy a quiet drink with a meal in a restaurant late into the evening. European consumers don't have to search out restaurants that have been granted special extended licensing laws, as we do in England and Wales.

The 1964 Licensing Act, which governs our current licensing system, is no longer relevant to the times and, as we approach the millennium, it becomes increasingly irrelevant. Over the years, government tinkering with the Act has merely resulted in an inconsistent and unnecessarily complicated licensing system that is in dire need of modernisation and reform.

Unfortunately, in the UK, tinkering with the laws is the norm. The Restaurateurs Association of Great Britain (RAGB) would prefer radical root and branch reform, but recognises that it is unlikely to be achieved in the short term. Consequently, prior to the General Election, we published in our manifesto demands for specific and practical reforms that would significantly reduce the burdens on restaurants and also serve to increase consumer choice.

Among the RAGB's recommendations is an extension of permitted hours for drinks to be served without meals until midnight (11.30pm on Sundays) without the need for a Supper Hours Certificate. Obtaining this certificate requires restaurateurs to jump through many hoops, yet, in practice, certificates are rarely refused.

The RAGB is also seeking to abolish the nonsensical requirement to provide music and dancing in order to gain an Extended Hours Order. Most restaurants seeking an Extended Hours Order have no wish to provide live entertainment. Indeed, it is often inappropriate and impractical to do so. Yet, because of the requirement, restaurateurs face unnecessary costs and frustrations in order to satisfy the system.

The RAGB's research shows a strong preference among restaurateurs for a new system of Personal Licence Certificates, by which a qualifying person could transfer the licence between premises within the same category of restaurant rather than go through the process each time. Such a sensible system would save on the time of the courts and the costs to the applicants.

Here's another outstanding example of the complex nature of current licensing laws. Say a restaurant wants to apply for a licence to set up tables and chairs outside its premises to serve food and drink. In some towns, the position is simple and, if the highways authority approves, the scheme will go through automatically and at little cost. Many towns, on the other hand, oblige restaurateurs to submit up to three separate licensing applications to separate authorities simultaneously. Yet, if only one authority refuses, then the licence is denied. But, of course, all three authorities still get their fees.

Another example (as if one were needed) is the nonsense we must endure to get permission to extend our normal licences for New Year's Eve celebrations. One of the RAGB's specific suggestions is for restaurants to be automatically licensed to stay open until 2am without the need for the usual unnecessary bureaucratic rigmarole. No sensible person could fail to see there is considerable scope for reducing the unnecessary costs and time involved for the restaurateur, while still ensuring adequate safeguards in respect of public order and safety.

European example

For those worried about the spiralling of alcohol consumption and public disorder, I would urge them to look to our European partners. For decades, café society has flourished on the Continent, with no public backlash. In France, you can even get a beer with your Big Mac. It is surely time to improve freedom and consumer choice on our own shores. As the new millennium approaches, consumers should be given total freedom to enjoy a simple drink with a meal at an hour of their choice.

Let us hope that the Labour Government will accelerate moves to introduce licensing reforms in time to ensure that we can all enjoy a long, happy and adult New Year's Eve party in 1999.