Focus on Licensing Law October 2006

Renewals - Watch out for the Annual Charge
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Anthony Lyons
Head of Licensing
Kuit Steinart Levy

As we approach the first anniversary (24th November 2006) of the introduction of the Licensing Act 2003 our thoughts are drawn to what needs to be done to ensure continuity of the Premises Licence.
For those who had Public Entertainment Licences under the ‘old regime’ the challenge of collating the various certificates together in time for renewal is still very much alive in our
minds. It seems odd that there is no “renewal” process as such, the new requirement being merely the payment of an annual charge.

However, do not be lulled into a false sense of security. The underlying feature of the new Act is to shift the onus for ensuring compliance with the licensing objectives on the Premises Licence Holder. So you will have carried out your risk assessment and established what precisely needs to be actioned to ensure public safety. For example you may have assessed that Electrical Test Certificates should be obtained at least every twelve or eighteen months, in which case the exercise must be completed although without the necessity of forwarding the Certificates to the Authority as was previously the case.
Administratively therefore the only interaction with the Licensing Authority relates to the payment of the annual charge. The fees which are set centrally by the Secretary of State are once again based on rateable values.
The current bands of charges are as follows:

*Please note if your rateable value falls within Band D or E and your premises are used primarily for the sale of alcohol you will be subject to the higher tariff.
The annual charge arrangement is presently under review and consideration is being given to the re-introduction of a formalised
renewal system so that licences may be revoked if the annual fee is not paid. However, for the time being the fee is only due as a civil debt and if not paid the licence (which in some cases has not yet even been received from the Licensing Authority) continues.

In the foreword to Section 182 Guidance we were assured by the Secretary of State that one of the cornerstone objectives of the new Act was to “ensure the spread of Best Practice and greater consistency”. It is hard to imagine a more inconsistent situation as has arisen with regard to the manner in which the various Licensing Authorities will collect the annual Premises Licence fees.
Although the DCMS website itself explains that the annual fee is due on the anniversary of the date of the grant of the licence, it confuses the position by recommending that “if you are unsure you should contact your Licensing Authority to check”.
Well we have checked with the 368 Authorities in whose divisions our clients hold Premises Licences and our painstaking research* has revealed the following:

Perhaps even more alarming is the correspondence address to which the Licensing Authorities will write requesting the annual fee. Notwithstanding application forms containing the guidance note that the final box of the Applicant’s paperwork determines the address for correspondence the following results have been revealed:

So watch out that piece of paper could end up anywhere.
Yet more guidance required!

* Thanks to Alex Haffner who carried out the research.

Legal 500 for 2006

“Licensing Powerhouse” KSL’s team have been ranked top in the
North West.

Anthony Lyons described as one of Manchester’s “Leading
Individuals”

New Training Course

National Certificate for Designated Premises Supervisors

In addition to the regular Tuesday NCPLH courses the Licensing team is now pleased to offer the new National Certificate for Designated Premises Supervisors Course.

This qualification has recently been launched by the BIIAB and has been developed to support the new post of designated premises supervisor (DPS) created by the Licensing Act 2003.

The course is designed to build upon the NCPLH providing the additional information and support required by DPS’. It will be invaluable to existing DPS’ and to those working towards the post. The course has been designed to be suitable for people working in any type of licensed premises.

Areas covered on the course include:
  • The roles and responsibilities of the DPS.
  • The requirements of the legislation and best practice.
  • How to conduct a risk assessment.
  • How the operating schedule provides the DPS with day to day management controls and provides due diligence.

If you would like any further information about this or any
or our courses please contact Gina Jones on tel: 0161 838
7879 or jonesg@kuits.com

Recent Successes:

The Licensing Team

  • Anthony Lyons has successfully obtained a variation to a Premises Licence on Regent Street, London. The variation was granted despite strong opposition from the Environmental Health department and contrary to the Licensing Authority’s stress policy.
  • Steven Reynolds and Anthony Lyons have together successfully challenged three Review proceedings brought by police forces in Blackpool, Stafford and Stockport.
  • Steven Reynolds successfuly defeated a closure order issued by Greater Manchester Police in respect of licensed premises. The magistrates found in our favour and the premises are now open and operating.
  • The Licensing Team are delighted to have been associated with the following new openings:

    Relish, Great Northern Warehouse,Manchester
    Revolution, Beaconsfield
    Piccolino, Virginia Water and Newcastle upon Tyne
    Gentlemans Boutique, Manchester
    ILVA – sites across the country
    Habitat, London
    The Grill On the Alley, Manchester
    Restaurant Bar & Grill, Leeds
    Boddingtons Brewery

The Licensing Department handle all aspects of liquor and entertainment licensing.

We have licensed all manner of buildings imaginable including:-

Churches, Theatres, Golf Clubs, Department Stores, Supermarkets, Polo Fields, Rugby and Football Clubs, Police Stations, Court Houses, Solicitors Offices, Public Spaces, Warehouses, Private Homes, Building Societies, Banks, Breweries and Public Toilets!

FOR ALCOHOL ENTERTAINMENT OR LATE NIGHTS - ASK KUITS