s172 Licensing Act 2003 allows the Government to make an order relaxing licensing hours, to mark an occasion of ‘exceptional international, national or local significance’. Such an order was used for the Royal Wedding in 2011 and HM Queen’s Diamond Jubilee in 2012. The Home Office is currently consulting on the relaxation of licensing hours […]
Previous News items (Nov 6th 2013 and Nov 11 2013) reported on a number of cases where Appellants had argued that minor procedural errors in making review applications rendered the entire application void due to the wording of the s52 Licensing Act 2003. The subject has been of interest to practitioners but is also important […]
Back in 2011, the Government committed to changing the current fee regime under Licensing Act 2003 to allow local authorities to operate on the principle of ‘full costs recovery’ in exercising their functions under the Act. Fees are currently set nationally and have remained the same since 2005 when the Act came in to force. […]
Residents who have made a ‘relevant representation’ are reminded that they are able to submit further information in support of their representations at any point up until the day of the hearing. However, it is best practice to ensure that these submissions are made in sufficient time to go into the Sub-Committee Report – therefore, […]
Further to the News item on 6 November on the importance of complying with the statutory requirements when preparing and serving applications, one of the cases referred to which took the view that procedural errors do not necessarily render an application invalid has now been reported on the Institute of Licensing’s website. The procedural inconsistencies […]
The Government has previously announced its intention to further deregulate various forms of regulated entertainment in certain circumstances. The consultation document can be found here. Whilst many would see the aims of the measures as laudable, there may be disquiet for some residents as to the proposals regarding live music and recorded music. Live music […]
The Guardian reported yesterday that one Council has voted to ban ‘Fixed Odds Betting Terminals’ (FOBTs). As ever, it is useful to look behind the headlines. No Council has the power to ban the machines, the prevalence of which is often used by residents to object to further betting shop licences being granted. The provision […]
Residents are reminded to ensure that they comply precisely with the rather prescriptive requirements of Licensing Act 2003 when preparing and serving review applications. Two cases where not quite all the ‘i’s were dotted and the ‘t’s crossed have received quite a lot of publicity in licensing circles. In both cases there were failures to […]
Residents can sometimes be puzzled by an application for a new premises licence for their local nightclub or bar, when it has been operating for years. Sometimes this can be an application by a freeholder or head leaseholder for a ‘shadow licence’, with the intention of protecting their interest should a licence held and operated […]
The Government’s recent announcement in respect of its National Alcohol Strategy (https://www.gov.uk/government/speeches/governments-response-to-the-alcohol-strategy-consultation) made headlines for the dropping, or at least putting on the back of the backburner, the proposal to impose a minimum unit price on alcohol. Delving a bit deeper into the matters which it will take forward, in the spirit of promoting growth […]
