It is fair to assume that most operators think of licensing as a chore, and would welcome any reform as long as it makes life simpler and allows them to concentrate on operational matters.
If that’s the case, then the new Licensing Bill, published on Friday, will come as something of a shock. It’s big — bigger than expected — it’s complex, it's not an easy read and my initial reaction is that it takes bureaucracy to new heights.
It would be unrealistic to expect that the transitional arrangements would be simple, and they are not. It is going to take some time to understand them properly.
But after that, it was generally anticipated that most operators would be left in peace. That doesn’t seem to be the case.
The main problem is the paperwork. At every turn, proper notification is required. Buy a pub, move a manager, install sound equipment, change your hours of opening — it all has to be properly notified, to the satisfaction of the town hall clerk and the police.
At every turn, according to the Bill, you have to send in the licence, or explain clearly to their satisfaction why you can’t. There are notices, counter-notices, approvals, rejections and for all of this another piece of paper, in duplicate or triplicate, has to be received and sent at the proper time. There’s also a very large chunk about what you must do if you have lost your licence, which was never there before.
The surprise, in a new millennium of central computers, databases and instant access, is the Bill’s obsession with paper. My concern, for the industry, is that this compliance culture is going to be very taxing. Every one of your outlets is going to be scrutinised, and there is no doubt, in spite of reassurances, that the transition gives a clear window of opportunity to the police to raise objections and to curtail permitted hours. Have a look at para. 11 of Schedule 8 if you do not believe me — it’s there in black and white.
My advice is to ensure you stay on top of this new law and understand the potential pressure points. There is much that the new licensing authority can do to interrupt your business unless you recognise and respond to the requirements of the new regime.
Peter Coulson is editor of Licensing Review, the Morning Advertiser's legal expert and a founding editor of the M&C Report
If that’s the case, then the new Licensing Bill, published on Friday, will come as something of a shock. It’s big — bigger than expected — it’s complex, it's not an easy read and my initial reaction is that it takes bureaucracy to new heights.
It would be unrealistic to expect that the transitional arrangements would be simple, and they are not. It is going to take some time to understand them properly.
But after that, it was generally anticipated that most operators would be left in peace. That doesn’t seem to be the case.
The main problem is the paperwork. At every turn, proper notification is required. Buy a pub, move a manager, install sound equipment, change your hours of opening — it all has to be properly notified, to the satisfaction of the town hall clerk and the police.
At every turn, according to the Bill, you have to send in the licence, or explain clearly to their satisfaction why you can’t. There are notices, counter-notices, approvals, rejections and for all of this another piece of paper, in duplicate or triplicate, has to be received and sent at the proper time. There’s also a very large chunk about what you must do if you have lost your licence, which was never there before.
The surprise, in a new millennium of central computers, databases and instant access, is the Bill’s obsession with paper. My concern, for the industry, is that this compliance culture is going to be very taxing. Every one of your outlets is going to be scrutinised, and there is no doubt, in spite of reassurances, that the transition gives a clear window of opportunity to the police to raise objections and to curtail permitted hours. Have a look at para. 11 of Schedule 8 if you do not believe me — it’s there in black and white.
My advice is to ensure you stay on top of this new law and understand the potential pressure points. There is much that the new licensing authority can do to interrupt your business unless you recognise and respond to the requirements of the new regime.
Peter Coulson is editor of Licensing Review, the Morning Advertiser's legal expert and a founding editor of the M&C Report
