Fears rise over new guidance

Confidence is not high that the redrafted Licensing Act guidance notes will be up to scratch despite a further delay in their release.

The Department for Culture, Media and Sport (DCMS) has refused to name a date for the release of the notes, which were due this summer. A spokeswoman said: "No firm date has been set yet, but it should be within the next month. Then there will be a consultation period."

The notes are expected to clarify issues such as whether the Designated Premises Supervisor has to be present when alcohol is served; cumulative impact zones; duplication and standard conditions in operating schedules.

However, neither MA legal expert Peter Coulson nor Westminster councillor Audrey Lewis, often at loggerheads over interpretation of the act, were confident that the redrafted notes would clarify issues sufficiently.

"The major criticism was that the guidance didn't go far enough in guiding local authorities," said Coulson.

"It did not do what it said on the tin - we need specific guidance on issues that have arisen. I am not optimistic."

Lewis added: "I suppose the fact that the DCMS is running about six months late could mean that they are trying to get it right this time. However, I seem to remember that every aspect of the development of the Licensing Act was done late without much apparent benefit to its quality."

But the British Beer and Pub Association declared it was comfortable with the delay.

"We'd rather they get it right rather than rush the guidance out," said director of pubs and leisure Martin Rawlings.

"The spirit of the act must also be retained - the DCMS talks more about regulation than about business flexibility."