by Andrew Pring Major flaws in the new Licensing Bill that could impact badly on the licensed trade emerged at an IBC conference in London this week. Crucially, the vital central guidelines from Government which have yet to be unveiled are unlikely to give the trade protection against overbearing local authorities, according to James Button, chair of the Local Government Licensing Forum. And in a further bombshell,it was admitted by the chief licensing civil servant Andrew Cunningham that the Government will raise licensing fees if as seems inevitable they prove not high enough to cover local authority costs. On the power of central Government to bind local authorities, Button said: "As long as local authorities show they have taken the guidelines into account, we can then take our own approach and make our own decision. The guidelines are not binding." His view was supported by leading licensing barrister Philip Kolvin, who said: "If local authorities take a balanced and evidence-based approach and they canjustify their decision, then they can take an overtly restrictive approach to licensing. "They could say: We have looked at addressing the cumulative social problems of this area, and we feel that we must turn the tap off because the bath is over-flowing'." Although not addressed directly in the Bill, the issue of cumulative effect that is, what impact an additional licence will have on an area looks likely to force its way onto the local authorityagenda. Peers in the House of Lords debate last week called for its inclusion, and the Bar, Entertainment & Dance Association and the Association of Chief Police Officers have both supported the call. Licensing fees although not yet announced have always been trailed by the Government as likely to prove cheaper than under the current system. The admission by Cunningham of the DCMS that the Government will sanction rises if local authorities cannot perform their duties within the set fee structure will cause dismay in the trade. Local authorities have consistently said they will not be able to operate licensing on the proposed monies. Speaking at the IBC conference, Trish O' Flynn, Camden's licensing and safety officer, said: "The fees we're being told about just won't be enough to do thejob. We're currently putting together a paper for DCMS to show what we think is more realistic." If licensees could not afford a few extra hundred pounds without the risk of going out of business, perhaps they should not be in the pub business, she added.
