Government Consultation on Licensing reform

The latest Government Consultation on the Licensing Act entitled ‘Rebalancing the Licensing Act’ was launched at the start of the summer holidays and gave only 6 weeks for a response.

Peter Adkins whose Licensing expertise is recognised again in this years Legal 500, handles licensing issues at Sydney Mitchell LLP and was recently appointed by the Birmingham Law Society to form and chair a Licensing Committee whose first job was to respond to the Licensing Consultation.

Working within an extremely tight timescale the committee have completed their work and a copy of the consultation responses, submitted on behalf of the Birmingham Law Society to the Home Office is attached to this article below. 

Peter comments. ‘The Committee have done an excellent job, within a ridiculously tight timescale to consider these proposals, take the views of clients and those involved in the trade, and formulate their responses. Most Premises selling alcohol are responsibly run, but with these proposals the Government is in danger of punishing the many for the ills of the few. The idea of pubs offering 24 hour drinking is largely a myth, the major problem is the sale of cheap alcohol by the supermarkets and customers ‘pre-loading’ with cheap alcohol before they reach the Pubs. The Pubs then pick up the bill for any resulting trouble so it is good to see the government addressing this. But the proposals go further including forcing premises which are open later to pay more even though they may not be responsible for the trouble. There are also provisions reducing the burden of proof, making it easier for the local licensing authority to object to licences, giving added weight to representations from the police and removing the need for an objector to a licence to live in the vicinity – effectively allowing anyone, anywhere to object.’

Also included are proposals for involving local health bodies in Licensing applications by making health one of the licensing objectives. There are also changes to the appeals procedure and a doubling of the maximum fine for those found persistently selling alcohol to children all feature as well.

Birmingham, and in particular the Broad Street BID area is praised in the Consultation for introducing crime reduction initiatives that make the public feel safer. According to the Consultation, Broad Street BID has developed town centre wardens, taxi marshalls and cleaning to tackle litter. During broad Street BID’s first year there was a 60% reduction in general crime and a 28% reduction in violent crime

Peter Adkins again ‘The licensed trade is losing pubs at an alarming rate. Whilst poorly run premises will always have problems, these proposals suggest that the problem resides with the vast majority of outlets. This is simply not the case, publicans know that if they become known as trouble spots their trade suffers and they will eventually be closed down. Birmingham has taken steps and the BID shows what can be done if outlets trade responsibly and collectively. Clearly the Government feels some steps need to be taken, but many of these seem to be too much too soon’

The responses to the Consultation had to be submitted by 8^th September 2010 but if anyone would like to comment further Peter Adkins would be very pleased to hear from them.