1. Graeme Cushion, Partner, Poppleston Allen Email g.cushion@popall.co.uk
Legal Update
Graeme Cushion, Partner, Poppleston Allen
Phone: /

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

3. 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

4. Responsible Authorities
Licensing Authorities
Primary Care Trusts / Local Health Boards

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

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

7. 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

8. 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

9. 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

10. 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

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

12. And for the remainder of 2012?

13. 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

14. 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

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

16. 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

17. 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

18. 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?

19. 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

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

21. 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?

22. 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?

23. 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

24. 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

25. 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

26. 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

27. 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’

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

29. Questions?