Drink Talking: Martin Rawlings
When applying for your licence there are a few things to bear in mind says Martin Rawlings, director of pub & leisure at the British Beer & Pub Association (BBPA).
After many years the Licensing Act is now upon us. It has taken nearly two terms of the Labour government to bring to fruition the reform of the licensing laws first mooted by Lord Errol back in 1977.
The journey has been long and torturous since the publication of a widely welcomed White Paper back in 1999.
The Act is now beginning its implementation phase, with six months allowed for the application and conversion of existing licences into the new style personal and premises licences. Alongside this we see the end of the public entertainment licence and the two-in-a-bar exemption, with local authorities taking control of the licensing system against a background of increasing hysteria over "24-hour drinking".
We all know that much of the hype is unwarranted and that when the dust settles many of the fears expressed will fail to be realised. Many councils are seeking to play their part constructively. However, some are looking to gold-plate the new regulations and this will need challenging.
As publicans throughout England and Wales start to prepare their applications it's worth bearing a few things in mind:
- Most important of all - DO NOT FORGET TO APPLY - if you don't apply you will find yourself without a business in November 2005
- The local policy is an important document that all applicants should read - but don't be misled. Councils cannot insist you include specific conditions in your operating schedule
- If you are not asking to vary the licence the council must approve the application (only the police can object on very limited grounds). Objections to variations and any subsequent conditions (requesting longer hours for example) can only relate to the operations or hours you are looking to change, not to what you already do
- Grandfather rights apply among other things to existing hours, public entertainment permissions, special hours certificates, 36-hour opening on New Year's Eve and your right to a personal licence if your name is on a licence as of February 7, 2005.
