The Home Office calls 'last orders' on licensing laws

At long last, the drafting of the new licensing bill is about to begin. Now the consultation process has run its course, the Home Office announced on 2nd May it will be working with members of the licensing trade, local authorities, magistrates and other interested parties to draft a bill, which will reflect very closely the White Paper on licensing entitled "Time for Reform: Proposals for the Modernisation of our Licensing Laws". Home Office minister Mike O'Brien reported on Wednesday that the Government have concluded that the responses "show that the White Paper proposals represent a sound basis for legislation, and strike the right overall balance between the needs of business, the enlargement of consumer choice, and the interests of local residents".

To recap, the White Paper aims to modernise the licensing laws of England and Wales by providing a single integrated scheme for licensing premises which sell alcohol, provide entertainment or provide refreshments at night. The key elements of the proposed new laws include a system of personal licences, flexible opening hours (potentially enabling alcohol to be served 24 hours 7 days a week) and increased access for children to licensed premises. The granting of permission would move from magistrates courts to local authorities. This last change attracted most comment in the consultation process. However the Government has remained unmoved stating "there remains a clear need to bring greater democratic accountability into licensing; and we remain persuaded that local authorities are the right bodies for this purpose". Further reservations expressed during the consultation process however have resulted in change. Appeals against licensing decisions will lay with magistrates and not the Crown Court as originally proposed.

Other proposals contained within the White Paper have already been incorporated in the Criminal Justice and Police Bill. This Bill places positive duties on licensees not to sell alcohol to under-18's, gives police powers to close premises which have become the focus of disorder or excessive noise and enables trading standards officers or the police to send minors into licensed premises to attempt to purchase alcohol ("Test Purchasing").

For more information please contact Caroline DeLaney a partner in the Property Disputes Resolution Group ([email protected] or +44 (0)20 7367 2329) or Emily Wood an assistant solicitor in the Property Disputes Resolution Group ([email protected] or +44 (0)20 7367 2423).