The licensed trade's fight against over-zealous councils slapping unfair demands on pubs under the new Licensing Act has scored its first victory.
Doncaster council has agreed an amended licensing policy in the face of opposition to an original statement which appeared to ask for more from licensees than is set out in the Act.
The local authority's policy was one of three challenged at the High Court by the British Beer & Pub Association (BBPA), the Association of Licensed Multiple Retailers and the BII. But the case against Doncaster was adjourned in April after the council said it would look at its policy again following the trade representation.
Poppleston Allen, the solicitors representing the pub trade, said it would now be withdrawing its action against Doncaster.
A judicial review of the two other local authorities - Gloucester and Canterbury - is due to go ahead on June 15, with those councils still refusing to back down from policies the trade associations believe go beyond the powers granted to them under the new Act.
Martin Rawlings, director of pub and leisure for the BBPA, said: "We're pleased Doncaster engaged with us at an early stage and we have come to a satisfactory understanding on all sides.
"We hope this policy will work to good effect and we'd like other councils to take note. We don't want to have to spend months of legal wrangling. In Doncaster, at least, this paves the way to a smooth transition."
As many as 30 councils across England and Wales are still refusing to back down from policies the trade believes have overstepped the mark, such as requirements for a designated premises supervisor to be on site at all times.
Doncaster's updated policy was ratified by the council at a meeting this week. The council said it was responding to trade concerns that it was seeking additional powers and that it had imposed obligations on applicants outside of the "original ambit" of the Act.
Neil Pointon, the council's corporate director of legal services, confirmed: "As of May 23 an amended licensing policy has been adopted by the council."
Following the amendments, Doncaster has become the latest council to plead for more applications from licensees. It says it has only received 24 of the estimated 800 applications that it is expecting.
Last week new licensing minister James Purnell told The Publican there was no chance of the Second Appointed Day (SAD), the date in November from which the new regime goes fully live, being put back to allow more time for applications.
The Local Government Association, which represents local authorities in England and Wales, last week put its own plans for a campaign to delay the SAD on hold, favouring a push to encourage licensees to apply.
The Department for Culture, Media & Sport's own publicity campaign launches next week.
Related articles:
Green light for licensing reviews (25 April 2005)
Councils await reviews of licensing policies (21 April 2005)
Trade takes fight against councils to court (14 April 2005)