Trade bodies have criticised the Home Office’s decision not to consult the industry over its amendments to the guidance for the Licensing Act 2003, which will be introduced next month.
There are concerns the changes could lead to “unnecessary licence reviews”. However, the Home Office has insisted it has shared “key sections of the text” with trade bodies and invited submissions.
Representatives from organisations including the British Beer & Pub Association (BBPA) and the Wine and Spirit Trade Association (WSTA) were invited to a meeting at the Home Office last week in which they were informed new guidance to the Licensing Act would be laid before Parliament on 13 October.
The PMA understands the new text encourages councils to use health data such as A&E admissions in licence reviews and includes further wording on the issue of nuisance to take into account sleep deprivation and light pollution. The new guidance is also believed to include new reference to the Portman Group’s code and its application with conditions where appropriate.
Impact
The Home Office has said it is not prepared to share a draft copy with the trade but has agreed to receive submissions.
A WSTA spokesman said: “The proposed changes to the guidance could have a wide-ranging impact on license holders and lead to unnecessary licence reviews for pubs and retailers.
“As it stands, the first sight businesses will have of any amendments to the guidance will be on the day they come into force, which is an alarming prospect.
“Given the concerns of the trade — including unintended consequences and costs — the Government needs to undertake a considered consultation to clarify any areas of uncertainty. At the very least it needs to offer a sensible period between publication and the changes taking effect, which is recognised good practice.”
A BBPA spokesman said: “We have attended a meeting with the Home Office to discuss the revised guidance, which is due to come into effect in October. We raised concerns about some of the proposed changes and are awaiting further consideration of the issues we raised.”
The Home Office told the PMA that because the guidance simply describes what the powers and duties are under the Licensing Act, there is no requirement to formally consult.
Collaboration
Crime Prevention Minister Norman Baker said: “We regularly update the guidance issued to licensing authorities under section 182 of the Licensing Act 2003 — we are currently reviewing it in light of recent legislative changes and will publish in due course.
“We have been open and collaborative in our approach to this guidance — sharing key sections of the text with a number
of partners and inviting comments from industry representatives.”
The most recent changes to the Licensing Act 2003, which included a ban on ‘below cost’ alcohol sales, came into effect on June 4 this year.
UPDATE:
The Home Office guidance is available here