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 The new law consolidates all gambling activity and existing legislation will be repealed.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."