Graeme Cushion, Partner, Poppleston Allen Email g.cushion@popall.co.uk Legal Update Graeme Cushion, Partner, Poppleston Allen Phone: 07769 720319 / 0115 9538 503 Email g.cushion@popall.co.uk

Legal Update Police Reform & Social Responsibility Act 2011 made changes to Licensing Act 2003 Live Music Act 2012 Government Alcohol Strategy

Police Reform & Social Responsibility Act 2011 Changes introduced on 25 April 2012 Responsible Authorities Wider catchment for objectors Reducing the burden Temporary Event Notices Annual Fees Underage Sales

Responsible Authorities Licensing Authorities Primary Care Trusts / Local Health Boards

Potential Objectors Vicinity test gone ‘Any person/business’ may object based upon licensing objectives provided objection not vexatious or frivolous

Reducing the Burden Moved from what is ‘necessary’ – ‘must be done’ what is ‘appropriate’ – ‘suitable’

Temporary Event Notices Police & EHO may object Based on any of the licensing objectives Three working days to object Conditions may be imposed if objections made

Temporary Event Notices Can last for 7 days (previously 4 days) Covering maximum of 21 days (previously 15 days) Maximum – 12 notices Power to impose conditions – which attach to existing premises licence

Temporary Event Notices However ‘Late TENs’ - 5-9 working days notice Limit of 10 notices Recommend that mix  9 late and 3 normal Guidance ‘exceptional circumstances’ Objection = cancellation of notice

Annual Fees Pay on anniversary of grant Failure to pay  licence suspended Grace period  21 days Raise dispute over amount prior to date due Receive letter from Council warning of suspension

Underage Sales ‘Persistently selling alcohol’  2 sales within 3 months Fine increased from £10k  £20k Voluntary close 2 days  2 weeks

And for the remainder of 2012?

Police Reform & Social Responsibility Act 2011 (Due October 2012) Early Morning Restriction Order (EMRO’s) Late Night Levy (And in 2013) Fees !! Council to set own fees

Police Reform & Social Responsibility Act 2011 Early Morning Restriction Orders Restrict sale of alcohol in whole or part of area Between 12 midnight and 06:00 – can select own hours

Police Reform & Social Responsibility Act 2011 Early Morning Restriction Orders Engages Premises Licences Club Premises Certificates Temporary Event Notices

Police Reform & Social Responsibility Act 2011 Early Morning Restriction Orders May apply Same period every day Every day or certain days Limited or unlimited time frame, eg: two weeks over Christmas period

Police Reform & Social Responsibility Act 2011 Early Morning Restriction Orders Before they commence Licensing Authority must advertise the Order Hold a hearing to consider relevant representations Expect short consultation period

Police Reform & Social Responsibility Act 2011 Early Morning Restriction Orders Consultation – concluded 10 April 2012 New Year’s Eve exemption? Specific exemptions, i.e. hotels, guest houses (not pubs with rooms or hotels which serve the public), theatres, cinemas, community premises, casinos and bingo halls Other exemptions?

Police Reform & Social Responsibility Act 2011 Late Night Levy Will apply to whole LA area, cannot be selective as with EMRO LA would have to consult – expect 9 month period Towards policing the late night economy Alcohol sales between midnight and 6 am Will not apply to TENs 70/30 split between Police and LA

Police Reform & Social Responsibility Act 2011 Late Night Levy Amount based upon Non Domestic Rateable Value Levy Charge Existing Annual Fee

Police Reform & Social Responsibility Act 2011 Late Night Levy Consultation concluded 10 April 2012 Proposed exemption categories? Hotels, restaurants, theatres, cinemas, casinos, bingo halls, community premises, country village pubs (population less than 3,000) Should there be an exemption for BID?

Police Reform & Social Responsibility Act 2011 Late Night Levy Exemption for Members Clubs? Reduction for premises that receive small business rate? New Year’s Eve Exemption?

Police Reform & Social Responsibility Act 2011 Late Night Levy Should there be a reduction for: Best Bar None? Pubwatch, Clubwatch, Shopwatch? Premises paying into schemes - Community Alcohol Partnership / Business Improvement District? 10% reduction per scheme subject to maximum of 30% per premises

Police Reform & Social Responsibility Act 2011 Late Night Levy Scope for further reductions ‘grassroots schemes’ What should Licensing Authorities do with the money? Taxi Marshalls Booze Busters Street Wardens Extra street cleaning Free minor variation to reduce hours and avoid LNL

Police Reform & Social Responsibility Act 2011 Conclusion Approximately 1 : 10 Licensing Authorities are interested in Late Night Levy (27) 7% 4.6% Early Morning Restriction Orders (29) 8% Many have not yet considered Detail for implementation awaited, draft regulations should have been available by April 30th

Live Music Act 2012 Changes likely October 2012 Relaxation for Live Music at  on-licensed premises Amplified 08:00 – 23:00 with audience less than 200 Unamplified 08:00 – 23:00 Facilities for making music and facilities for dancing no longer licensable activities Exempts workplace entertainment Power to re-impose conditions on review

Government Alcohol Strategy Review of Cumulative Impact Policies; fixed closing times; staggered closing; zoning LA to publish more information on-line Serving drunks – greater use of existing powers and how to conduct ‘test purchasing’

Government Alcohol Strategy New health objective? Minimum pricing – 40p per unit Banning multi-buy promotions Targeting ‘irresponsible promotions’

Questions?