by Richard Williams of thePublican.com's legal team of experts from London solicitors Joelson Wilson
The Licensing Bill will have passed through the House of Lords by the time you read this article and will now progress on to the House of Commons (this is the reverse of the normal procedure).
Although the Department for Culture, Media and Sport cannot confirm exact dates for the next steps, the bill will now go through a first and second reading in the Commons, committee stage, report stage and finally, third reading.
The bill is still expected to receive Royal Assent by the end of July 2003, although there is an indication that this date may change if looming "world events" take up considerable Parliamentary time.
It is anticipated that a six-month period commencing in January 2004 will be allowed for applications for conversion of existing licences, with an additional six months from July 2004 to allow local authorities to process those applications. The new Licensing Act would then come into force in January 2005.
Some of the amendments made in the House of Lords will be subject to further debate in the House of Commons, but it is interesting to review the amendments that have currently been introduced:
- Establishment of a central register of personal licence holders
Property owners will be able to register their interest in particular licensed premises with an accompanying right to be consulted in relation to any application for variation of the premises licence
The content of the licensing guidance will be published and approved by the House of Commons (by vote)
Regulations are to be issued with regard to the procedural aspects of applications (advertisements etc)
All acoustic entertainment is to be exempted from classification as regulated entertainment
Time limits are to be imposed for the processing of applications by licensing authorities
Local authorities will be empowered to oppose applications notwithstanding the absence of other objections
Licensing authorities will be required to take into account the impact on local amenity /environment in determining licensing applications
Local authority planning departments are to be classified as "responsible authorities" with accompanying right to be consulted in relation to licensing applications
Creation of offences relating to the use of unlawful satellite TV decoders and pirated material
The prohibition of under-14-year-olds entering pubs unless accompanied by an adult
The introduction of an offence to serve alcohol in a bar area in the presence of an unaccompanied under-14-year-old.
It will be interesting to see how many of these amendments remain after the bill has passed through the Commons.