The Mudcat Café TM
Thread #61322   Message #1162908
Posted By: RichardP
16-Apr-04 - 03:13 AM
Thread Name: Licensing Bill - How will it work ?
Subject: RE: Licensing Bill - How will it work ?
I agree with ET that there would be a great deal of benefit in getting back to broad matters instead of details. However, that will not be helped if people go back to details - especially if they get the details wrong.

So what are the broad principles.

Currently premises licencing is conntrolled by 50+ laws.

Alcohol Licencing is very inflexible.

PEL is controlled by local authorities and there is no consistency about its impact or its cost. At least in the most expensive and the most restictive authorities, there is a significant amount of avoidance (i.e. landlords do not buy a PEL but allow things to happen with a nod and a wink).

I have not researched all the old Acts. However, I looked at the "Standard Licencing Conditions" for a PEL for one authority. They run for several pages and duplicate almost everything that might apply to a workplace despite the fact that other legislation already covers them. To be blunt, they may be consistent with the 50 Acts, but they are frightening, amke it clear why there is so much resistance to PEL and so much bypassing it. Most importantly hardly any of the content would be legal under the new Act.

In the new system there is only one Act covering all premises licencing, all the old licencing law is repealed. Alcohol licencing is much more flexible in terms of opening hours. Entertainment licencing is harder to avoid, but is amalgamated with alcohol licencing. licencing of plays and films and of late night food outlets.

The Guidance confirms that common fees will be fixed nationally and that there can be no eextra cost to include entertainment licencing on a premises licence when first issued (there is a fee for introducing changes one occasion of which would be the subsequent addition of entertainment licencing to an issued licence).

All licencing is contained by restricting licencing conditions to those needed to achieve the licencing objectives of:

Prevention of Crime and Disorder - mainly drug and violence
Public Safety
Prevention of Public Nuisance
Protection of Children from Harm - mainly from under-age drinking

Of these four it is hard to see the first and last affecting music or dance entertainments. Public Safety for performance is related primarily to safe egress in the event of an emergency - since physical provisions for safety are controlled by other legislation(e.g. planning). Public Nuisance relates to rowdy behaviour after leaving the premises and the "export" of noise from the premises at levels which are a nuisance for neighbours relative to the time of day that they occur.

My conclusions are that recognition of the problems of the existing system indicate that the new Act is indeed a liberalisation. It certainly has some aspects that could be more entertainer friendly, but they are significantly more friendly than the PEL ever was with the sole exception of two (but no more) in a bar without a licence.

Richard