As part of the obligatory triannual review process,
Camden and Westminster have consulted on changes to
their Licensing Policies. Camden has made no substantial
changes. In Westminster, there are no proposals to
reduce or enlarge the stress areas or change the general
nature of the policies but they do propose:
- A presumption that premises operating as a bona
fide restaurant with a table meal condition be granted
operating hours of up to 1am.
- Where an application is made for a Review of a
Licence in the Stress Area, the Council will take
into consideration the cumulative impact of licensing
premises when determining the application.
The Westminster Consultation has now closed. It is
possible most residents groups will object to the extended
hours for restaurants so it may be that the proposals
do not find their way into the revised policy.
Alcohol Disorder Zones
The legislation in relation to Alcohol Disorder Zones
("ADZ") has now come into effect with draft Regulations
also having been published.
Cost to License Holders
For areas designated as ADZs, local authorities are
able to recoup a monthly charge from persons who hold
a premises licence/club premises certificate.
The costs will be divided between the premises in
the ADZ. A local authority shall score each premises.
A score shall be given for each of the following two
criteria:
(a) premises rateable value; and
(b) hours of opening.
Exemption from the charge
Exemptions from the charge are potentially available
to any licence holder in an ADZ where:
(a) the principal use of the premises
does not consist in or include the sale or supply
of alcohol; and
(b) the availability of alcohol
on those premises is not the main reason why individuals
enter.
License holders can also benefit from a discounted
charge for several reasons such as:
(c) having implemented, in whole
or in part, the steps set out in the action plan
relating to the designation of the ADZ in question
which are applicable to him; or
(d) being a member of the "Best
Bar None" or other similar recognised accreditation
scheme.
New Closure powers
Today the new Summary Review powers come into effect
where:
(a) a Police Superintendent gives
a certificate that it is his opinion that the premises
are associated with serious crime or serious disorder
or both;
(b) on receipt of such an application,
the relevant licensing authority must:
- within 48 hours of the time of its receipt, consider
whether it is necessary to take interim steps;
and
- within 28 days after the day of its receipt,
review the licence.
Interim Steps Pending Review
Consideration may take place without the holder
of the premises licence having been given an opportunity
to make representations to the relevant
licensing authority.
Interim steps include:
(a) the modification of the conditions;
(b) the exclusion of the sale
of alcohol;
(c) the removal of the DPS from
the licence;
(d) the suspension of the licence.
© Davenport Lyons 2007. All rights
reserved.
This document reflects the law and practice as at October
2007. It is general in nature, and does not purport
in any way to be comprehensive or a substitute for specialist
legal advice in individual circumstances.