Government Calls Time on the Licensing Act 2003

The Government has unveiled proposals to overhaul the Licensing Act in an attempt to redress the balance between supporting business and driving down alcohol-related crime and disorder. 

The key theme of the proposals is to give local authorities and local communities a greater say in the licensing process.  The result will undoubtedly be an altogether tougher licensing regime for the owners of bars and clubs in the future.

Under the terms of the Licensing Act 2003, a local authority can only refuse, review or remove an alcohol licence where they receive a relevant representation from a "responsible authority" and it is established that it is "necessary" for the promotion of the licensing objectives.

The Government proposes to strengthen the role of local authorities by making them "responsible authorities" themselves, thus removing the requirement for a representation from a third party.  Local authorities will no longer need to prove that their actions are "necessary"; instead they will be empowered to refuse or remove licences if it is considered “beneficial” for the promotion of the licensing objectives.

At present, only people or businesses "in the vicinity of" licensed premises can raise concerns about the way they are run.  Under the new proposals, any person, body or business will be able to make representations in relation to any premises, regardless of their location.

The proposed changes may also pave the way for applications to be rejected on public health grounds, possibly by making it a licensing objective.  It is also suggested that local health bodies should be included as responsible authorities to enable them to make representations relating to the impact of new or existing licensed premises on NHS resources.

In order to further empower licensing authorities, the Government is considering options to tighten the right of appeal to the magistrates to ensure that fewer licensing appeals are heard in court.  They propose that the default position for the magistrates court should be to remit the case back to the licensing authority to hear, with a rehearing only being undertaken where necessary. 

In addition, it is proposed that the submission of an appeal shall no longer have the effect of delaying the sanction imposed by a local authority as a result of a licence review.  Instead, the sanction shall remain unless and until an appeal to the magistrate’s court is successful.

The government's public consultation on these proposals runs for six weeks from 28 July to 8 September.

For more information or for help in making representations on these proposals, contact Gemma Harris on 01223 532747 or click here to email her.