Portobello Rd Planning appeal

LGS.uk has successfully appealed against a planning rejection by Royal Borough of Kensington & Chelsea for a covered terraced area at a successful restaurant in Portobello Rd. The operator Panadda Superwan said she was delighted with decision which will allow the business to improve its service to customers. www.thairiver.co.uk

Portobello Rd Planning appeal

LGS.uk has successfully appealed against a planning rejection by Royal Borough of Kensington & Chelsea for a covered terraced area at a successful restaurant in Portobello Rd. The operator Panadda Superwan said she was delighted with decision which will allow the business to improve its service to customers. www.thairiver.co.uk

DCMS reject calls for live music changes

Minor Variations

New legislation designed to reduce bureaucracy comes into effect on the 29 July 2009 with regard to “minor variations” and removing the requirement for a DPS/personal licence at a community premises. A minor variation will fall into one of 4 categories:

• Minor changes to the layout
• Small adjustments to hours
• The removal of out of date or irrelevant conditions
• The addition of certain licensable activities, so long as it doesn’t impact the licensing objectives

For more info see http://www.culture.gov.uk/reference_library/publications/6262.aspx

DCMS reject calls for live music changes

Minor Variations

New legislation designed to reduce bureaucracy comes into effect on the 29 July 2009 with regard to “minor variations” and removing the requirement for a DPS/personal licence at a community premises. A minor variation will fall into one of 4 categories:

• Minor changes to the layout
• Small adjustments to hours
• The removal of out of date or irrelevant conditions
• The addition of certain licensable activities, so long as it doesn’t impact the licensing objectives

For more info see http://www.culture.gov.uk/reference_library/publications/6262.aspx

Mandatory National Code

The government has published its consultation on the controversial code of conditions which can be applied to Premises Licenses. The code will ban certain promotions, require single or double measure and large or small glasses of wine and display info about the alcohol unit content of drinks. Read more at www.instituteoflicensing.org

Mandatory National Code

The government has published its consultation on the controversial code of conditions which can be applied to Premises Licenses. The code will ban certain promotions, require single or double measure and large or small glasses of wine and display info about the alcohol unit content of drinks. Read more at www.instituteoflicensing.org

VASA Whitstable

LGS.uk persuaded Canterbury City Council to grant a new premises licence in Whitstable despite over 200 objections.  Many of the objections were contained in a petition which our Director discredited on a number of legal points allowing the committee to grant this new application.

VASA Whitstable

LGS.uk persuaded Canterbury City Council to grant a new premises licence in Whitstable despite over 200 objections.  Many of the objections were contained in a petition which our Director discredited on a number of legal points allowing the committee to grant this new application.

HMO Licensing

Landlords have until 7 July 2006 to apply for a licence under the new HMO licensing regime. Any landlord operating a HMO without applying for a licence will be liable for a fine of up to £20,000.  Each property will need a separate licence which will is valid for 5 years.

HMO Licensing

Landlords have until 7 July 2006 to apply for a licence under the new HMO licensing regime. Any landlord operating a HMO without applying for a licence will be liable for a fine of up to £20,000.  Each property will need a separate licence which will is valid for 5 years.

HMO

The licensing of Houses in Multiple Occupation (HMO) and their landlords has been introduced to raise standards of accommodation in the private rented sector.  >From the April 2006 HMO’s will require a licence from the local Council

The following properties are classed as a HMO if they are used as the tenants main residence.  This includes houses let to students and migrant workers and properties which are used as domestic refuges.

1. A house or flat which is let to 3 or more tenants who form 2 or more households and who share a kitchen, bathroom or toilet.

2. A house which has been converted into bedsits which is let to 3 or more tenants who form 2 or more households and who share kitchen, bathroom or toilet facilities.

3. A house which contains one or more flats which are not wholly self contained (ie the flat does not contain within it a kitchen, bathroom and toilet) and which is occupied by 3 or more tenants who form 2 or more households.

4. A building which was converted into self-contained flats without Building Regulation approval and more than one-third of the flats are let on short-term tenancies.

The Landlord must be a “fit and proper” person which will require a Criminal Records Bureau (CRB) check before a licence can be granted.

HMO

The licensing of Houses in Multiple Occupation (HMO) and their landlords has been introduced to raise standards of accommodation in the private rented sector.  >From the April 2006 HMO’s will require a licence from the local Council

The following properties are classed as a HMO if they are used as the tenants main residence.  This includes houses let to students and migrant workers and properties which are used as domestic refuges.

1. A house or flat which is let to 3 or more tenants who form 2 or more households and who share a kitchen, bathroom or toilet.

2. A house which has been converted into bedsits which is let to 3 or more tenants who form 2 or more households and who share kitchen, bathroom or toilet facilities.

3. A house which contains one or more flats which are not wholly self contained (ie the flat does not contain within it a kitchen, bathroom and toilet) and which is occupied by 3 or more tenants who form 2 or more households.

4. A building which was converted into self-contained flats without Building Regulation approval and more than one-third of the flats are let on short-term tenancies.

The Landlord must be a “fit and proper” person which will require a Criminal Records Bureau (CRB) check before a licence can be granted.

Fire Reform

The Office of the Deputy Prime Minister (ODPM) has put back the date of the Regulatory Reform (Fire Safety) Order, made in June 2005. This new legislation, which will affect ALL non-domestic premises in England and Wales, will commence in October, rather than the originally planned April.

Licensing Fees Review Panel

The Government has published an interim report on licensing with the final report due in autumn 2006. Some of the initial recommendations are:

There should be a central source of information on fees to explain to licence payers the responsibilities of licensing authorities.
A single date should be set for the payment of the annual charge.
The application process should be simplified, including the preparation of floor plans.

Doorstaff case

Luminar Leisure has recently lost a case at the Court of Appeal which means they are “vicariously liable” (liable for someone acting on your behalf) for the actions of a doorman who left a man brain damaged whilst working at one of their venues in Southend-on-Sea. This case means any pub which has some sort of practical control over their doorstaff, even if not directly employed, is responsible for their actions. The doorman was convicted of grievous bodily harm and he had used false paperwork to secure the job. Make sure you check thoroughly the SIA licenses of any doorstaff.

Fire Reform

The Office of the Deputy Prime Minister (ODPM) has put back the date of the Regulatory Reform (Fire Safety) Order, made in June 2005. This new legislation, which will affect ALL non-domestic premises in England and Wales, will commence in October, rather than the originally planned April.

Licensing Fees Review Panel

The Government has published an interim report on licensing with the final report due in autumn 2006. Some of the initial recommendations are:

There should be a central source of information on fees to explain to licence payers the responsibilities of licensing authorities.
A single date should be set for the payment of the annual charge.
The application process should be simplified, including the preparation of floor plans.

Doorstaff case

Luminar Leisure has recently lost a case at the Court of Appeal which means they are “vicariously liable” (liable for someone acting on your behalf) for the actions of a doorman who left a man brain damaged whilst working at one of their venues in Southend-on-Sea. This case means any pub which has some sort of practical control over their doorstaff, even if not directly employed, is responsible for their actions. The doorman was convicted of grievous bodily harm and he had used false paperwork to secure the job. Make sure you check thoroughly the SIA licenses of any doorstaff.

Licensing Act is working

Home Office figures show that serious violent crime has significantly dropped since the introduction of the Licensing Act. This is despite the predictions by many doom mongers that our towns and cities would turn into Armageddon. Mark Hastings, from the BBPA, said: “The projections of government and the industry have proved far closer to the truth than the prophesies of the peddlers of doom. Clearly the combination of flexible opening hours and law enforcement is having a positive impact.”

Gambling Commission

The Gambling Commission has announced its new offices will be in Victoria Square Birmingham and they have also appointed Phillip Brear (Ex Deputy Chief Constable of West Yorkshire Police) as Director of Operations, Hazel Canter as Director of Licensing and Compliance and Andrew Lyman as Head of Enforcement.

Section 34 permits

The Government has announced that all existing S16 and S34 permits for licensed premises will remain valid until they expire.  This includes licenses which have a change of applicant.  The most common is a S34 permit which is required for AWP’s (fruit machines with max stake of 30p and a max prize of £25).  S16 permits are required for the playing of certain games and lotteries for prizes.  Applicants must submit their renewal application at least 1 month before the expiry of the permit as the permit will have an automatic extension until the “appropriate authority” has determined their application.  Any renewals needed before the 24 November should be submitted to the Magistrates and after the 24th to your local Council.

Hearing Success

LGS.uk achieved another notable success for a late licence. “With 2 major objections including unnecessary EHO conditions LGS.uk dealt with the panel in an expert fashion.  We will use LGS.uk in the future as they provide a prompt and efficient service”  Peter Foreman, Riverside Tavern, Stood

Circuses

Circuses face some real challenges under the Licensing Act due to an apparent oversight.  MP Peter Luff has attempted to amend the Act stating that the law will cause real problems for operators and lead to the closure of circus if they are faced with an additional cost of £24,000 for licence fees alone

Licensing Act is working

Home Office figures show that serious violent crime has significantly dropped since the introduction of the Licensing Act. This is despite the predictions by many doom mongers that our towns and cities would turn into Armageddon. Mark Hastings, from the BBPA, said: “The projections of government and the industry have proved far closer to the truth than the prophesies of the peddlers of doom. Clearly the combination of flexible opening hours and law enforcement is having a positive impact.”

Gambling Commission

The Gambling Commission has announced its new offices will be in Victoria Square Birmingham and they have also appointed Phillip Brear (Ex Deputy Chief Constable of West Yorkshire Police) as Director of Operations, Hazel Canter as Director of Licensing and Compliance and Andrew Lyman as Head of Enforcement.

Section 34 permits

The Government has announced that all existing S16 and S34 permits for licensed premises will remain valid until they expire.  This includes licenses which have a change of applicant.  The most common is a S34 permit which is required for AWP’s (fruit machines with max stake of 30p and a max prize of £25).  S16 permits are required for the playing of certain games and lotteries for prizes.  Applicants must submit their renewal application at least 1 month before the expiry of the permit as the permit will have an automatic extension until the “appropriate authority” has determined their application.  Any renewals needed before the 24 November should be submitted to the Magistrates and after the 24th to your local Council.

Hearing Success

LGS.uk achieved another notable success for a late licence. “With 2 major objections including unnecessary EHO conditions LGS.uk dealt with the panel in an expert fashion.  We will use LGS.uk in the future as they provide a prompt and efficient service”  Peter Foreman, Riverside Tavern, Stood

Circuses

Circuses face some real challenges under the Licensing Act due to an apparent oversight.  MP Peter Luff has attempted to amend the Act stating that the law will cause real problems for operators and lead to the closure of circus if they are faced with an additional cost of £24,000 for licence fees alone

Loughborough University

LGS.uk MD Ian Webster has advised members of the Institute of Sport and Recreation management on their responsibilities under the Licensing Act at Loughborough University.  The presentation was well received and featured in the August edition of the ISRM journal

AERC Review

Julia Unwin OBE has been appointed to review the Alcohol Education and Research Council (AERC).  The AERC was established in 1981 to fund education and research on alcohol related issues.  The review of how the organisation spends its £10M fund is expected to be complete before Christmas.

IoL conference York

The Institute of Licensing is holding its annual conference in York from the 20 – 23 November.  The conference covers a range of licensing issues from alcohol to taxis.  You can book online

www.instituteoflicensing.org

Grays Athletic FC win another double

On the same week that Grays Athletic went top of the table they achieved longer opening hours for their club house. The bar provides valuable income to support the clubs activities and following a successful hearing they can now open until 2am on a week end and provide entertainment. Fred Barnard commented after the hearing that “LGS.uk dealt most effectively and professionally with the application, negotiating with the Police, a resident’s objection and a formal hearing. First Class”.

24 Hours success

LGS.uk has achieved 24 hour opening for the Club Caprice in Margate. A very satisfied applicant Mark Tourney commented after the hearing “LGS.uk dealt with the whole application from start to finish, including a hearing. Having achieved the first 24 hour licence in Thanet I was delighted with the service”

Loughborough University

LGS.uk MD Ian Webster has advised members of the Institute of Sport and Recreation management on their responsibilities under the Licensing Act at Loughborough University.  The presentation was well received and featured in the August edition of the ISRM journal

AERC Review

Julia Unwin OBE has been appointed to review the Alcohol Education and Research Council (AERC).  The AERC was established in 1981 to fund education and research on alcohol related issues.  The review of how the organisation spends its £10M fund is expected to be complete before Christmas.

IoL conference York

The Institute of Licensing is holding its annual conference in York from the 20 – 23 November.  The conference covers a range of licensing issues from alcohol to taxis.  You can book online

www.instituteoflicensing.org

Grays Athletic FC win another double

On the same week that Grays Athletic went top of the table they achieved longer opening hours for their club house. The bar provides valuable income to support the clubs activities and following a successful hearing they can now open until 2am on a week end and provide entertainment. Fred Barnard commented after the hearing that “LGS.uk dealt most effectively and professionally with the application, negotiating with the Police, a resident’s objection and a formal hearing. First Class”.

24 Hours success

LGS.uk has achieved 24 hour opening for the Club Caprice in Margate. A very satisfied applicant Mark Tourney commented after the hearing “LGS.uk dealt with the whole application from start to finish, including a hearing. Having achieved the first 24 hour licence in Thanet I was delighted with the service”

Casino Advisory Panel

The Casino Advisory Panel, chaired by Prof Stephen Crow has started work on assessing the best area for the 17 new casinos proposed under the Gambling Act. At the same time the Government has abolished the 24hr rule for membership of casinos and bingo halls.

Distant neighbours raise objections

Archees Bar and Restaurant received a number of complaints relating to general anti social behaviour in Woking town centre. At the hearing LGS.uk were able to prove, using the objectors own photographs, that their complaint had nothing to do with the Archees. The Council granted the application and Dennis Lynch the applicant commented “I was well pleased and would not hesitate to recommend LGS.uk to other clients” 

Government Review

The Government has agreed to a two stage review of the S182 Guidance on the Licensing Act. Stage one will be complete by the end of February 2006. It will cover any immediate areas of concern and where the Guidance could usefully be clarified. At the same time the Government are considering a full redraft of the Guidance, which would be completed by summer 2006. Cold feet?
 

Access slow

Recent information from the Department for Work and Pensions suggest that 4 out of 10 pubs are unaware of their legal responsibility under the Disability Discrimination Act (DDA). The survey found that only 23% had made any alterations to their building to comply with the DDA. See news article below for implications of DDA on pubs etc.

Door Supervisor Prosecution

In an ironic twist, a local authority officer and part-time door supervisor is the first person to prosecuted for working as a door supervisor without an SIA licence. He was given a 12 month conditional discharge and ordered to pay £100 costs. His employer Dewi Williams, director of Bangor-based Venue-Sec, was also found guilty of working without a licence and of supplying unlicensed door staff. He was fined £500 and ordered to pay £100 costs.

Common Sense Prevails

The Home Office has exempted football stewards from needing an SIA licence under the Private Security Industry Act 2001. Lets hope similar groups will also receive exemption.

Casino Advisory Panel

The Casino Advisory Panel, chaired by Prof Stephen Crow has started work on assessing the best area for the 17 new casinos proposed under the Gambling Act. At the same time the Government has abolished the 24hr rule for membership of casinos and bingo halls.

Distant neighbours raise objections

Archees Bar and Restaurant received a number of complaints relating to general anti social behaviour in Woking town centre. At the hearing LGS.uk were able to prove, using the objectors own photographs, that their complaint had nothing to do with the Archees. The Council granted the application and Dennis Lynch the applicant commented “I was well pleased and would not hesitate to recommend LGS.uk to other clients” 

Government Review

The Government has agreed to a two stage review of the S182 Guidance on the Licensing Act. Stage one will be complete by the end of February 2006. It will cover any immediate areas of concern and where the Guidance could usefully be clarified. At the same time the Government are considering a full redraft of the Guidance, which would be completed by summer 2006. Cold feet?
 

Access slow

Recent information from the Department for Work and Pensions suggest that 4 out of 10 pubs are unaware of their legal responsibility under the Disability Discrimination Act (DDA). The survey found that only 23% had made any alterations to their building to comply with the DDA. See news article below for implications of DDA on pubs etc.

Door Supervisor Prosecution

In an ironic twist, a local authority officer and part-time door supervisor is the first person to prosecuted for working as a door supervisor without an SIA licence. He was given a 12 month conditional discharge and ordered to pay £100 costs. His employer Dewi Williams, director of Bangor-based Venue-Sec, was also found guilty of working without a licence and of supplying unlicensed door staff. He was fined £500 and ordered to pay £100 costs.

Common Sense Prevails

The Home Office has exempted football stewards from needing an SIA licence under the Private Security Industry Act 2001. Lets hope similar groups will also receive exemption.

Hearing success

LGS.uk has successfully represented a number of clients at formal hearings following Police, EHO or Neighbour objections. Sally Trigg licensee of The Kings Head, Great Baddow commented “The Police demanded £40,000 worth of conditions be added to my licence which might have finished off my village pub. LGS.uk skilfully presented my case at a hearing and persuaded the Council that none of the Police demands were necessary”.

Trade concerns over ADZ’s

The trade are united in their objection to the proposed Alcohol Disorder Zones (ADZ’s). Several trade associations, including the BBPA, BII, BEDA, BISL and BHA have joined forces to condemn the proposal as unworkable. The law would allow authorities to declare areas as ADZ’s and charge businesses in these areas for additional policing and clean-up costs etc. as part of the Governments Violent Crime Reduction Bill.

Access for Disabled

The long awaited amendment to BS 8300 should help licensees meet the requirements of the Disability Discrimination Act (DDA). The standard gives advice on the design of buildings to meet the needs of disabled people and is similar in content to Part M of the Building Regulations.

Planning Success

LGS.uk has successfully challenged planning authorities seeking to impose change of use requirements when making modest extensions to licensing hours and activities. The use class orders are only relevant if there is a significant change to the primary use of the premises and not simply an extension of hours or the inclusion of dancing.

Early Smoking Bans

The Publican has reported that 2 Councils (St Albans Council and Preston City Council) are demanding compulsory no smoking areas if pubs allow access for children. The Councils are claiming this is an essential part of their policy to meet the licensing objective to protect children from harm. The BBPA have asked LACORS to intervene pointing out that the guidance makes it clear that health is not an objective of the Licensing Act and that the Government specifically stated Councils could not impose such restrictions through the Licensing Act. The consultation closes on September 5 for the Governments plans for a smoking ban in premises selling food.

Hearing success

LGS.uk has successfully represented a number of clients at formal hearings following Police, EHO or Neighbour objections. Sally Trigg licensee of The Kings Head, Great Baddow commented “The Police demanded £40,000 worth of conditions be added to my licence which might have finished off my village pub. LGS.uk skilfully presented my case at a hearing and persuaded the Council that none of the Police demands were necessary”.

Trade concerns over ADZ’s

The trade are united in their objection to the proposed Alcohol Disorder Zones (ADZ’s). Several trade associations, including the BBPA, BII, BEDA, BISL and BHA have joined forces to condemn the proposal as unworkable. The law would allow authorities to declare areas as ADZ’s and charge businesses in these areas for additional policing and clean-up costs etc. as part of the Governments Violent Crime Reduction Bill.

Access for Disabled

The long awaited amendment to BS 8300 should help licensees meet the requirements of the Disability Discrimination Act (DDA). The standard gives advice on the design of buildings to meet the needs of disabled people and is similar in content to Part M of the Building Regulations.

Planning Success

LGS.uk has successfully challenged planning authorities seeking to impose change of use requirements when making modest extensions to licensing hours and activities. The use class orders are only relevant if there is a significant change to the primary use of the premises and not simply an extension of hours or the inclusion of dancing.

Early Smoking Bans

The Publican has reported that 2 Councils (St Albans Council and Preston City Council) are demanding compulsory no smoking areas if pubs allow access for children. The Councils are claiming this is an essential part of their policy to meet the licensing objective to protect children from harm. The BBPA have asked LACORS to intervene pointing out that the guidance makes it clear that health is not an objective of the Licensing Act and that the Government specifically stated Councils could not impose such restrictions through the Licensing Act. The consultation closes on September 5 for the Governments plans for a smoking ban in premises selling food.

Deadline Met

LGS.uk successfully submitted all applications by the deadline of the 6 August. MD Ian Webster said he was delighted with the response of staff to ensure this crucial deadline was achieved for all clients. We even received a distraught call on the Wednesday before the deadline but we managed to produce the application and hand deliver to the Council on the Friday afternoon.

Fees Panel

The Government has set up a panel to review the charges for the licensing process. The terms of the Panel are:

• consider whether the fees cover the full cost to licensing authorities
• identify the scale, extent and nature of any problems
• make recommendations about how the existing fee structure and levels could be developed
• ensure best practice is being fully realised across all authorities

identify how the regime could be developed to address any other issues, which will include the impact of the structure of the fee scales on community amateur sports clubs, village and community halls.

The Panel should issue an interim review around October and the final report in autumn 2006.

Court Decision

Mr Justice Richards has ruled that the Canterbury Council Licensing policy is unlawful because of the risk that applicants reading it would assume that a number of “suggestions” where mandatory. He described the policy as “over-prescriptive in a number of places”

Council Policies Unlawful

The Judge hearing the case brought by the BBPA against Canterbury’s Licensing Policy has announced that sections of the Policy. Details to follow when judgement is published.

Matthew Pink

LGS.uk is pleased to welcome Matthew Pink onboard to help with our range of training programmes and formal assessments. The author of the ‘Good Practice Guide on Licensing’ and ‘Licensing and Club Law’ Matthew is a Solicitor with vast range of experience in Licensing Law. This experience includes being Editor of ‘Paterson’s Licensing Acts’ (97th-102nd editions inclusive), a Member of National Licensing Forum and an Approved BII trainer for the new NCPLH courses. Matthews knowledge and style will ensure that all delegates receive the appropriate training for their needs.

Second Appointed Day

The start date for the new law has been set at the 24 November 2005. On this day ALL existing Justices, PEL, Cinema and Theatre licences will cease to be valid and anyone without a new Licensing Act 2003 licence will have to cease trading.

Deadline Met

LGS.uk successfully submitted all applications by the deadline of the 6 August. MD Ian Webster said he was delighted with the response of staff to ensure this crucial deadline was achieved for all clients. We even received a distraught call on the Wednesday before the deadline but we managed to produce the application and hand deliver to the Council on the Friday afternoon.

Fees Panel

The Government has set up a panel to review the charges for the licensing process. The terms of the Panel are:

• consider whether the fees cover the full cost to licensing authorities
• identify the scale, extent and nature of any problems
• make recommendations about how the existing fee structure and levels could be developed
• ensure best practice is being fully realised across all authorities

identify how the regime could be developed to address any other issues, which will include the impact of the structure of the fee scales on community amateur sports clubs, village and community halls.

The Panel should issue an interim review around October and the final report in autumn 2006.

Court Decision

Mr Justice Richards has ruled that the Canterbury Council Licensing policy is unlawful because of the risk that applicants reading it would assume that a number of “suggestions” where mandatory. He described the policy as “over-prescriptive in a number of places”

Council Policies Unlawful

The Judge hearing the case brought by the BBPA against Canterbury’s Licensing Policy has announced that sections of the Policy. Details to follow when judgement is published.

Matthew Pink

LGS.uk is pleased to welcome Matthew Pink onboard to help with our range of training programmes and formal assessments. The author of the ‘Good Practice Guide on Licensing’ and ‘Licensing and Club Law’ Matthew is a Solicitor with vast range of experience in Licensing Law. This experience includes being Editor of ‘Paterson’s Licensing Acts’ (97th-102nd editions inclusive), a Member of National Licensing Forum and an Approved BII trainer for the new NCPLH courses. Matthews knowledge and style will ensure that all delegates receive the appropriate training for their needs.

Second Appointed Day

The start date for the new law has been set at the 24 November 2005. On this day ALL existing Justices, PEL, Cinema and Theatre licences will cease to be valid and anyone without a new Licensing Act 2003 licence will have to cease trading.

New planning rules

New “use classes” have been introduced in the planning system which separates the current A3 use class which included pubs, restaurants and takeaways. The new law means that pubs will still be able to change to a restaurant however a restaurant will need planning permission to change to a bar. The new use classes relating to licensed premises are A3 - Restaurants, snack bars and cafes, A3 - Pubs and bars, A5 – Takeaways and finally “Sui Generis” (no use class) – Nightclubs. We wait to see what the implications are for applications which have made significant variations as part of the licensing process as many may now require planning permission.

Fee Bands

The fee scales for the new premises licence or CPC are based on the Non Domestic Rateable Value (NDRV) of the property. You can check online the for most properties by entering the post code in the VOA web site, http://ratinglists.voa.gov.uk/irl2k5/mainController?action=InitialiseApp&listYear=2005&lang=E

Gambling Reform

The Gambling Act received Royal Assent on 7th April 2005. The new law consolidates all gambling activity and existing legislation will be repealed. There are many similarities to the Licensing Act and the new law creates a body (The Gambling Commission) to replace the Gaming Board of Great Britain. The law will be based on 3 “licensing objectives” namely:

• Preventing gambling from being a source of crime, being associated with crime or being used to support crime
• Ensuring that gambling is conducted in a fair and open way
•  Protecting children and other vulnerable persons from being harmed or exploited by gambling
  
  The law will impact on all gambling venues including Casinos Bingo Halls, Bookmakers, Betting Tracks and some Pubs. When introducing the new law the Secretary of State for Culture Media and Sport, Tessa Jowell said "I am delighted we can now set up the Gambling Commission and ensure that Britain has the most robust framework of gambling regulation in the world."

New planning rules

New “use classes” have been introduced in the planning system which separates the current A3 use class which included pubs, restaurants and takeaways. The new law means that pubs will still be able to change to a restaurant however a restaurant will need planning permission to change to a bar. The new use classes relating to licensed premises are A3 - Restaurants, snack bars and cafes, A3 - Pubs and bars, A5 – Takeaways and finally “Sui Generis” (no use class) – Nightclubs. We wait to see what the implications are for applications which have made significant variations as part of the licensing process as many may now require planning permission.

Fee Bands

The fee scales for the new premises licence or CPC are based on the Non Domestic Rateable Value (NDRV) of the property. You can check online the for most properties by entering the post code in the VOA web site, http://ratinglists.voa.gov.uk/irl2k5/mainController?action=InitialiseApp&listYear=2005&lang=E

Gambling Reform

The Gambling Act received Royal Assent on 7th April 2005. The new law consolidates all gambling activity and existing legislation will be repealed. There are many similarities to the Licensing Act and the new law creates a body (The Gambling Commission) to replace the Gaming Board of Great Britain. The law will be based on 3 “licensing objectives” namely:

• Preventing gambling from being a source of crime, being associated with crime or being used to support crime
• Ensuring that gambling is conducted in a fair and open way
•  Protecting children and other vulnerable persons from being harmed or exploited by gambling
  
  The law will impact on all gambling venues including Casinos Bingo Halls, Bookmakers, Betting Tracks and some Pubs. When introducing the new law the Secretary of State for Culture Media and Sport, Tessa Jowell said "I am delighted we can now set up the Gambling Commission and ensure that Britain has the most robust framework of gambling regulation in the world."

Council Policies challenged

The Royal Courts of Justice have allowed a judicial review (JR) of the policies of Gloucester and Canterbury Councils. The request for a JR was brought to the Courts by the British Beer & Pub Association, the Association of Licensed Multiple Retailers and the BII because of concerns over the content of the policy. The JR will seek to determine the lawfulness of certain demands which the trio consider unnecessary. We can expect an answer from the Court around the end of June.

Committee coaching and assessment

LGS.uk has completed a number of coaching/assessments of Licensing Committees. Following a recent session at Chelmsford Borough Council, Dawn French the Environmental Services Manager stated “To test our Committees understanding of the law, and our procedure, we engaged LGS.uk to assist with 2 mock hearings. As well as formal instruction Ian Webster coached Councillors on the various techniques for questioning and provided them with personal feedback. The sessions proved invaluable with Members commenting that they felt much more comfortable with their role in the process”

Drinking Responsibly

The Government has issued proposals on “Drinking Responsibly” following a number of issued identified in the “Alcohol Harm Reduction Strategy for England”. The proposals include “Alcohol Disorder Zones”, “Drinking Banning Orders” and “Fixed Penalty Notices” for a range of minor offences relating to alcohol and disorder. You can view the proposals online at: www.homeoffice.gov.uk/inside/consults/current/index.html

Personal Licences

The Government has announced the first 2 personal licence qualifications under the 2003 Act. They are:

• BIIAB Level 2 National Certificate for Personal Licence Holders. www.bii.org
• GOAL Level 2 Certificate for Personal Licence Holders. www.ediplc.com

Existing holders of a liquor licence ARE NOT required to complete either of these courses and they can obtain a new personal licence through LGS.uk for £88 (including ALL Council charges).

DCMS Steering Group

The DCMS has set up a steering group to ensure a smooth transition to the new licensing system. Richard Caborn the Minister responsible for Licensing chairs the meeting which includes Councils, the Police and the trade. The Minister stated “As with all new legislation, it will take time to bed in. But everyone around the table is determined to work together to make the process as smooth as possible. This group will be a safety net which will pick up any difficulties during implementation and will act quickly and decisively to resolve them.”

Council Policies challenged

The Royal Courts of Justice have allowed a judicial review (JR) of the policies of Gloucester and Canterbury Councils. The request for a JR was brought to the Courts by the British Beer & Pub Association, the Association of Licensed Multiple Retailers and the BII because of concerns over the content of the policy. The JR will seek to determine the lawfulness of certain demands which the trio consider unnecessary. We can expect an answer from the Court around the end of June.

Committee coaching and assessment

LGS.uk has completed a number of coaching/assessments of Licensing Committees. Following a recent session at Chelmsford Borough Council, Dawn French the Environmental Services Manager stated “To test our Committees understanding of the law, and our procedure, we engaged LGS.uk to assist with 2 mock hearings. As well as formal instruction Ian Webster coached Councillors on the various techniques for questioning and provided them with personal feedback. The sessions proved invaluable with Members commenting that they felt much more comfortable with their role in the process”

Drinking Responsibly

The Government has issued proposals on “Drinking Responsibly” following a number of issued identified in the “Alcohol Harm Reduction Strategy for England”. The proposals include “Alcohol Disorder Zones”, “Drinking Banning Orders” and “Fixed Penalty Notices” for a range of minor offences relating to alcohol and disorder. You can view the proposals online at: www.homeoffice.gov.uk/inside/consults/current/index.html

Personal Licences

The Government has announced the first 2 personal licence qualifications under the 2003 Act. They are:

• BIIAB Level 2 National Certificate for Personal Licence Holders. www.bii.org
• GOAL Level 2 Certificate for Personal Licence Holders. www.ediplc.com

Existing holders of a liquor licence ARE NOT required to complete either of these courses and they can obtain a new personal licence through LGS.uk for £88 (including ALL Council charges).

DCMS Steering Group

The DCMS has set up a steering group to ensure a smooth transition to the new licensing system. Richard Caborn the Minister responsible for Licensing chairs the meeting which includes Councils, the Police and the trade. The Minister stated “As with all new legislation, it will take time to bed in. But everyone around the table is determined to work together to make the process as smooth as possible. This group will be a safety net which will pick up any difficulties during implementation and will act quickly and decisively to resolve them.”

Support for new Licensing Authorities.

At the start of the new law we have trained 60 of the new Licensing Authorities on their new role. At all of these programmes we sort feedback on the overall impression of the training on a scale of 1 (very poor) to 5 (very good). The current average score of ALL sessions is 4.65. MD Ian Webster said he was delighted with the positive feedback as it showed that councils were very pleased with the course being provided.

Chairman and statutory consultees

A half day training programme for chairmen of the sub committee’s using your specific procedures as well as training for EHO’s and other statutory consultees, eg Police and Fire officers.

First day for applications

The first day for applications has been and gone without the big bang predicted. This is largely due to the fact that the application forms only became available at the 11th hour.

Regulations

The long awaited regulations have now been published with the confirmed start date as the 7 February 2005

Licensing Act Training

The Law Society have completed their formal assessment of the programmes offered by LGS.uk and accredited the training to provide 6 hours 15 mins of CPD for Solicitors or other professionals working in the field of licensing law. The assessor commented that the programme was “Presented in a logical order, professional in appearance with sections well spaced for easy reading” and that the “speakers have considerable experience of dealing with liquor licensing and public entertainment matters…and an in depth knowledge/understanding of the work”.

Ian Webster, the company's MD: “Councils and Solicitors can be assured that they receive a comprehensive training programme which is accredited by the Law Society which will equip them with all of the knowledge to meet their legal obligati0ons and conduct fair hearings”.

Support for new Licensing Authorities.

At the start of the new law we have trained 60 of the new Licensing Authorities on their new role. At all of these programmes we sort feedback on the overall impression of the training on a scale of 1 (very poor) to 5 (very good). The current average score of ALL sessions is 4.65. MD Ian Webster said he was delighted with the positive feedback as it showed that councils were very pleased with the course being provided.

Chairman and statutory consultees

A half day training programme for chairmen of the sub committee’s using your specific procedures as well as training for EHO’s and other statutory consultees, eg Police and Fire officers.

First day for applications

The first day for applications has been and gone without the big bang predicted. This is largely due to the fact that the application forms only became available at the 11th hour.

Regulations

The long awaited regulations have now been published with the confirmed start date as the 7 February 2005

Licensing Act Training

The Law Society have completed their formal assessment of the programmes offered by LGS.uk and accredited the training to provide 6 hours 15 mins of CPD for Solicitors or other professionals working in the field of licensing law. The assessor commented that the programme was “Presented in a logical order, professional in appearance with sections well spaced for easy reading” and that the “speakers have considerable experience of dealing with liquor licensing and public entertainment matters…and an in depth knowledge/understanding of the work”.

Ian Webster, the company's MD: “Councils and Solicitors can be assured that they receive a comprehensive training programme which is accredited by the Law Society which will equip them with all of the knowledge to meet their legal obligati0ons and conduct fair hearings”.

Start Date

The starting date for the changeover of applications has been announced as the 7th February 2005. On this day existing licence holders will be able to apply to convert their existing licences into a licence under the new law. At the same time applicants may apply for a “simultaneous variation” i.e. ask for longer hours and/or extend activities.

Book published

Ian Webster MD of LGS.uk has published the first Guide for Licensee’s on the new law. The book available online provides a clear and concise explanation of the new law with a senior respected figure in local government licensing commenting “Good quality advice can be invaluable in helping businesses to comply with complex regulations…I have no hesitation in commending this book to anyone working in the licensed trade looking for an easy-reference guide to the new licensing law”.

Surrey University

Ian Webster, MD of LGS.uk is the key speaker at a one day conference at Surrey University on the 9th September 2004. The event is being staged in conjunction with the employer’s organisation for Councils in the SE of England and the programme includes a detailed workshop on licensing policies and consultation. The day is designed to explore the question, can we achieve a “continental” café culture in the South East or will our late night economies degrade into Armageddon with crime and disorder rife and the streets ruled by larger louts long into the night?

Council Policies

The Government will announce that Councils must have their licensing policies “resolved” by the 7th January 2005.

Institute of Licensing

Ian Webster, MD of LGS.uk will chair the SE regional meeting of the IoL in Fareham and present a paper on the Alcohol Harm Reduction Strategy for England on the 23rd September 2004.

Environmental Health Officers Conference

Ian Webster, MD of LGS.uk is one of the key speakers at a one day Environmental Health Officers conference at Runnymede Council on the 8 October 2004. Ian will explore the role of the licensing policy and Councils readiness for the new law.

LVA presentations

Ian Webster, MD of LGS.uk will present to a joint meeting of Dover and Deal LVA’s on the 18 October 2004 on the implications of the new licensing law and how to make an application. Ian has already presented to Thanet and Sittingbourne LVA’s and any local LVA should contact LGS.uk to discuss their requirements.

Start Date

The starting date for the changeover of applications has been announced as the 7th February 2005. On this day existing licence holders will be able to apply to convert their existing licences into a licence under the new law. At the same time applicants may apply for a “simultaneous variation” i.e. ask for longer hours and/or extend activities.

Book published

Ian Webster MD of LGS.uk has published the first Guide for Licensee’s on the new law. The book available online provides a clear and concise explanation of the new law with a senior respected figure in local government licensing commenting “Good quality advice can be invaluable in helping businesses to comply with complex regulations…I have no hesitation in commending this book to anyone working in the licensed trade looking for an easy-reference guide to the new licensing law”.

Surrey University

Ian Webster, MD of LGS.uk is the key speaker at a one day conference at Surrey University on the 9th September 2004. The event is being staged in conjunction with the employer’s organisation for Councils in the SE of England and the programme includes a detailed workshop on licensing policies and consultation. The day is designed to explore the question, can we achieve a “continental” café culture in the South East or will our late night economies degrade into Armageddon with crime and disorder rife and the streets ruled by larger louts long into the night?

Council Policies

The Government will announce that Councils must have their licensing policies “resolved” by the 7th January 2005.

Institute of Licensing

Ian Webster, MD of LGS.uk will chair the SE regional meeting of the IoL in Fareham and present a paper on the Alcohol Harm Reduction Strategy for England on the 23rd September 2004.

Environmental Health Officers Conference

Ian Webster, MD of LGS.uk is one of the key speakers at a one day Environmental Health Officers conference at Runnymede Council on the 8 October 2004. Ian will explore the role of the licensing policy and Councils readiness for the new law.

LVA presentations

Ian Webster, MD of LGS.uk will present to a joint meeting of Dover and Deal LVA’s on the 18 October 2004 on the implications of the new licensing law and how to make an application. Ian has already presented to Thanet and Sittingbourne LVA’s and any local LVA should contact LGS.uk to discuss their requirements.

SEPTEMBER 2003: The Licensing law is about to change

These important changes to the licensing laws are designed to allow greater freedoms within the licensing trade.

If you own or operate any of the following this new law will affect you:

• Pub
• Club
• Night club
• Cinema
• Late night takeaway
• Theatre
• Off licence
• Village or community hall

The changes will have a significant impact on your business and you need to apply for a premises licence. If you sell alcohol you will also need to apply for a personal licence and nominate a “designated premises supervisor” (DPS). The new system is likely to start in Spring 2004 and you will have around 6 months to make these applications. The applications should be made to your local Council and they must include detailed floor plans, drawn to scale.
If you fail to make an application to the local Council, within this period, you will have to cease trading.

At the same time you may request a “simultaneous variation” this will allow you to open later (including 24 hour opening) and/or include additional popular activities such as karaoke. If you make such an application you will need to produce what the new law describes as an “operating schedule”. If you have a freehold interest in a property you may also need to serve an annual notice under section 178.

There are also a number of other statutory documents which the Council may wish to see as part of your application, they include your Fire Safety Risk Assessment (under the Fire Precautions Regs) and your Health & Safety Risk Assessment (under the Health and Safety at Work Act).

You may also require planning permission to trade longer, which will require a separate application and any building alterations necessary under the Disability Discrimination Act should be completed by October 2004.

LGS.uk are Chartered Surveyors who specialise in Licensing and provide a valuable “one stop shop” service to meet ALL of these needs, for a fixed fee. We can make applications on your behalf including operating schedules, floor plans and statutory assessments in one document. We can carry out negotiations with relevant authorities and represent your interests at formal hearings as well as advising on building alterations. This service includes access to a support line to give free advice on licensing law throughout the year.
This unique service will allow you to concentrate on the reason you joined the licensing trade, to serve the public!

We welcome the opportunity to meet with you to discuss your needs. We are offering free presentations on the implications of the new law to any LVA or Pubwatch meetings, where we will outline what you need to do before January 2005 to carry on trading.

SEPTEMBER 2003: The Licensing law is about to change

These important changes to the licensing laws are designed to allow greater freedoms within the licensing trade.

If you own or operate any of the following this new law will affect you:

• Pub
• Club
• Night club
• Cinema
• Late night takeaway
• Theatre
• Off licence
• Village or community hall

The changes will have a significant impact on your business and you need to apply for a premises licence. If you sell alcohol you will also need to apply for a personal licence and nominate a “designated premises supervisor” (DPS). The new system is likely to start in Spring 2004 and you will have around 6 months to make these applications. The applications should be made to your local Council and they must include detailed floor plans, drawn to scale.
If you fail to make an application to the local Council, within this period, you will have to cease trading.

At the same time you may request a “simultaneous variation” this will allow you to open later (including 24 hour opening) and/or include additional popular activities such as karaoke. If you make such an application you will need to produce what the new law describes as an “operating schedule”. If you have a freehold interest in a property you may also need to serve an annual notice under section 178.

There are also a number of other statutory documents which the Council may wish to see as part of your application, they include your Fire Safety Risk Assessment (under the Fire Precautions Regs) and your Health & Safety Risk Assessment (under the Health and Safety at Work Act).

You may also require planning permission to trade longer, which will require a separate application and any building alterations necessary under the Disability Discrimination Act should be completed by October 2004.

LGS.uk are Chartered Surveyors who specialise in Licensing and provide a valuable “one stop shop” service to meet ALL of these needs, for a fixed fee. We can make applications on your behalf including operating schedules, floor plans and statutory assessments in one document. We can carry out negotiations with relevant authorities and represent your interests at formal hearings as well as advising on building alterations. This service includes access to a support line to give free advice on licensing law throughout the year.
This unique service will allow you to concentrate on the reason you joined the licensing trade, to serve the public!

We welcome the opportunity to meet with you to discuss your needs. We are offering free presentations on the implications of the new law to any LVA or Pubwatch meetings, where we will outline what you need to do before January 2005 to carry on trading.