Dilemma of missing applications
The above brings me very neatly to the shock-horror scenario of the missing applications and the deadlines. There is a small amount of deliberate disinformation going about, mainly concerning the loss of trading on 6 November for those who have not got their act together.
That much could be true, if two things happen: One, the Government, in the shape of new licensing minister James Purnell, refuses to budge on the timing of the Second Appointed Day, leaving it at the November date; and Two, thousands of licensees do not even apply for grandfather rights by 6 August this year.
Let us be quite clear: a late application for conversion before that date has to be processed within two months by the council or it is automatically granted. So if you put your Part A application in on 1 August, even if you also applied to vary, you would be qualified for a premises licence with your current conditions on 1 October, even if nothing had happened and your local council was swamped.
Failure for them to deal with it means that it is granted by default. Exactly how you will know this is not made clear in the legislation. But you will not have to close down on the Second Appointed Day, even if they have not got round to issuing the paper copy of your licence. The 2003 Act makes it clear that they, the authority, must treat the licence as granted.
On the other hand, if they fail to deal with your variation application it is treated as refused, in which case you apply to your local magistrates for a hearing. This could indeed be a problem if, as I suspect, a number of licensees are unhappy with their treatment and choose to appeal. The courts could get clogged up with unhappy licensees and time could be a problem. But eventually you will be heard and a decision taken on your original variation application. The fact that you had to appeal because the council failed to get round to it will not affect the outcome. The justices will consider the application on its merits.
In the case of those who miss the deadline of 6 August, all is not completely lost. An application may be made for a new premises licence, which can only be objected to by those named in the Act on one or more of the licensing objectives. Being late is not grounds for refusal. Of course you risk not getting your existing hours, if you have extensions, but again the cut back must be on the basis of clear risk to the licensing objectives, or you can appeal.
