Responsibility for alcohol licensing is not the only thing that is likely to change on the Second Appointed Day.
There is the vexed question of AWP machines and, in fact, all types of gaming on licensed premises. Readers are beginning to receive what I think is somewhat misleading information about what they have to do before November.
Most licensees know that one of the additional things they have to remember on transfer of the justices' licence (and quite a few forget) is to ask for the grant of a section 34 permit for machines.
This is section 34 of the Gaming Act 1968, not the Licensing Act, but the justices currently have responsibility for the grant of these to licensed premises.
They can also fix the number of machines that will be allowed for play there, which is not, despite rumours, limited to two.
Once granted, permits last for three years and then need renewing which is another thing that licensees forget from time to time. This is why often it is the machine suppliers who take on responsibility for the paperwork, although in law the holder of the licence is the one who should apply.
Now I hear that a licensee in the Midlands has apparently received a letter telling him that he has to fill in additional forms before the Second Appointed Day or he will lose his machines, even though he still has over a year to run on his existing section 34 permit. He wants to know what to do.
In fact, the Licensing Act 2003 already covers this point. From a day to be appointed, the local council will take over responsibility for pub machines in the same way as they do now for restaurants, cafes, arcades and other premises. The system is not changing yet, only the responsible authority.
This means that presumably from 24 November, responsibility for permits will switch to the licensing authority and become a licensing function. A permit which expires before 24 November will be renewed by the justices, but after that date will be renewable by the council.
There is no requirement for a hearing and the renewal may be done by post. The system does not actually change, because the Gaming Act 1968 is still in force. When the Gambling Act 2005 takes effect, there will be certain changes made, but that is not happening for some time.
I do not believe that existing permit holders have to re-register with their local authority at this time, but I should be interested to hear from any reader who has been advised that this is the case.