Caborn steps in to defuse the row over licensees' historic r

Grandfather rights saved...

by Ewan Turney

Licensing minister Richard Caborn has called a halt to the legal row over grandfather rights that was threatening to disrupt the new regime by urging local authorities to adopt a pragmatic approach and allow transferred licences to retain grandfather rights.

The row centred over whether licences transferred after 7 February prior to conversion would be considered as new licences. If this were the case, pubs would have automatically lost their traditional trading rights and hours.

However, Caborn, in a letter to the BBPA (British Beer & Pub Association), said the trade's belief that transfers retained grandfather rights was "soundly reasoned". The minister was at pains to point out that as the Licensing Act 2003 had devolved power to local authorities he could not actually direct them to interpret the guidance one way or another.

But the key component of the letter was Caborn's penultimate statement. He stressed: "I do, however, want to make it clear that I have no policy objection whatsoever if the position described above [that transfers should retain grandfather rights] is generally adopted by licensing authorities when considering applications."

He added that he would be copying the advice to LACORS (Local Authorities Co-ordinators of Regulatory Services) to disseminate to local authorities and would ensure the details were on the Department for Culture, Media & Sport website.

"In all intents and purposes, it is all sorted out," said BBPA director of communications Mark Hastings. "The minister agrees with our legal opinion that transfers made after 7 February should carry and retain grandfather rights. That is the way he wishes to see it interpreted. It is as clear an indication as he could give."

Morning Advertiser legal correspondent Peter Coulson said it was a "good sign" the minister had adopted the trade's "pragmatic" view. "It would now be an unreasonable council that does not take the hint that transfers with grandfather rights are OK," he said. "It is as close a hint as you are likely to get from a minister but it is slightly embarrassing we got to this position in the first place."

Coulson warned that it was still "essential" for those carrying out transfers to check with the relevant local authority over its interpretation.

LACORS policy officer Rachael Rogers said it "fully supported the trade view" and had informed the Government it had taken this line a week prior to Caborn's letter.

...but councils get desperate

by Tony Halstead

Local authorities are being forced to send out letters and mail shots to licensees in a bid to speed up applications for new licences.

An increasing number of councils say they are starting to "door knock" individual pubs as concern over the snail-pace rate of transition increases.

Seven weeks into the transition, authorities now openly admit the situation is in crisis, with many councils still to receive their first applications.

The country's biggest licensing authority Westminster has already sent out a fourth mail shot to the 3,600 licensed premises in its patch.

Neighbour Kensington and Chelsea also says it is being forced to "knock on doors" to activate interest from licensees.

Head of licensing at Kensing-ton and Chelsea, Patrick Crowley, says the complex nature of the forms, plus delays in licensees obtaining required premises plans, are two of the main reasons for the slow take-up.

But he says an alarming number are ignorant of the process, with some even believing they do not have to apply because their current justices' liquor licences are valid until 2007.

"Licensees cannot get to grips with the complex forms and so far we have had just half a dozen which have been completed correctly," he said.

"We are trying to help licensees fill in the forms in the right way and we are sending out letters and generally knocking on doors.

"But I have to say there appears to be a certain percentage who just do not seem to be interested.

"We do expect a surge of activity in early April, particularly from the pubcos, but it's all a bit late," he added.

Local Government Associa-tion spokesperson Trish O'Flynn said she believed councils were doing everything possible to resolve the situation.

"It's got to the stage where many authorities are now going out to actively drum up trade and warn licensees about the seriousness of the situation.

"But despite licensing seminars, road shows and demonstrations of how to fill in forms there is still a very low level of interest," she said.

Councils have warned that they may not be able to make up the numbers shortfall by the 6 August deadline. "The impact on any pub or business that misses this deadline will be enormous," she warned. "In simple terms they will not be able to open for trade after 7 November."

Have you delayed sending in your application, and if so why?

Phone our newsdesk on 01293 610344, ore-mail: paul.charity@william-reed.co.uk