All change at the bar

licensing portrait1Some notable changes to the Licensing Act came into force on 25 April 2012, writes Andrew Woods.

As the explanatory note sets out the Order brings the following provisions into force on 25 April 2012:

  • Section 103 introduces amendments to bring relevant Licensing Authorities within the definition of “responsible authority” enabling relevant Licensing Authorities to engage in those activities.
  • Section 104 adds primary care trusts for any area in which a premises is situated as a responsible authority.
  • Sections 105-108 removes the vicinity test from the Licensing Act 2003 and consequently removes the category of interested party. This enables any person to make representations in relation to applications for the grant or variation of a Premises Licence, although representations will still need to relate to the licensing objectives and must not be frivolous or vexatious. 
  • The Licensing Act 2003 requires Licensing Authorities to take steps which are “necessary for the promotion of the objectives”. Section 109-111 amends these provisions by requiring Licensing Authorities to take steps which are “appropriate for the promotion of the objectives”. This reduces the thresholds which Licensing Authorities must meet to achieve the promotion of the objectives but ensures that their decisions continue to be solely for the purpose of promoting the objectives.

Temporary Event Notices

  • Section 112 extends the right to object to a Temporary Event Notice to the Environmental Health Authority and extends the grounds for objecting to all four licensing objectives. 
  • Section 113 enables a Licensing Authority to impose conditions on a Temporary Event Notice if it considers that this promotes the licensing objectives but it can only do so if objections have been made by at least one relevant person and;
  • Section 114 enables the premises user to give a limited number of Temporary Event Notices in a shorter time frame known as “Late Temporary Event Notice”. Normal Temporary Event Notices are now known as “Standard Temporary Event Notices”.
  • Any objection from a relevant person to a late Temporary Event Notice will result in a counter notice being issued and makes the Temporary Event Notice ineffective without the right to a hearing and any appeal.
  • There is a limit on how many later Temporary Event Notice can be given: ten for Personal Licence Holders and two for non Personal Licence Holders.
  • Section 115 increases the period for which activities can take place at a single event from 96 hours to 168 hours and the number of days in any calendar year in which a single premises can be used to carry on activities from 15-21 days.
  • Section 117 extends the period in which a relevant person can object to a Temporary Event Notice from 2 to 3 working days.

Persistently Selling Alcohol to Children

  • Two or more sales of alcohol to children in a three month period makes the Premises Licence Holder liable to a fine not exceeding £20,000.00.

Suspension of Licence for failing to pay fee

  • A Licensing Authority can now suspend a Licence if the annual fee is not paid, unless it is due to an administrative error, the fee is in dispute and the grace period of 21 days has expired.
  • Notice must be given of this and the Licence is reinstated upon payment of the fee.

The following have not yet come into force

  • Late Night Levy.
  • Early Morning Restriction Orders.

Note

All of the above will have an impact on the way in which licensing proceedings are held and licensing is dealt with in general. For operators, it is imperative to understand the penalty now for failing to pay the annual fee and the changes to the Temporary Event Notice legislation.

Andrew Woods is a partner at Woods Whur. He can be contacted at This email address is being protected from spambots. You need JavaScript enabled to view it..