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5 March 2014

Review applications continued…again

Previous News items (Nov 6th 2013 and Nov 11 2013) reported on a number of cases where Appellants had argued that minor procedural errors in making review applications rendered the entire application void due to the wording of the s52 Licensing Act 2003. The subject has been of interest to practitioners but is also important […]

5 March 2014

Home Office Consultation on locally set fees

Back in 2011, the Government committed to changing the current fee regime under Licensing Act 2003 to allow local authorities to operate on the principle of ‘full costs recovery’ in exercising their functions under the Act. Fees are currently set nationally and have remained the same since 2005 when the Act came in to force. […]

8 January 2014

Sub-Committee hearings

Residents who have made a ‘relevant representation’ are reminded that they are able to submit further information in support of their representations at any point up until the day of the hearing. However, it is best practice to ensure that these submissions are made in sufficient time to go into the Sub-Committee Report – therefore, […]

11 November 2013

Review applications continued…

Further to the News item on 6 November on the importance of complying with the statutory requirements when preparing and serving applications, one of the cases referred to which took the view that procedural errors do not necessarily render an application invalid has now been reported on the Institute of Licensing’s website. The procedural inconsistencies […]

8 November 2013

Changes to entertainment licensing

The Government has previously announced its intention to further deregulate various forms of regulated entertainment in certain circumstances. The consultation document can be found here. Whilst many would see the aims of the measures as laudable, there may be disquiet for some residents as to the proposals regarding live music and recorded music. Live music […]

8 November 2013

Betting shops update

The Guardian reported yesterday that one Council has voted to ban ‘Fixed Odds Betting Terminals’ (FOBTs). As ever, it is useful to look behind the headlines. No Council has the power to ban the machines, the prevalence of which is often used by residents to object to further betting shop licences being granted. The provision […]

6 November 2013

Review applications

Residents are reminded to ensure that they comply precisely with the rather prescriptive requirements of Licensing Act 2003 when preparing and serving review applications. Two cases where not quite all the ‘i’s were dotted and the ‘t’s crossed have received quite a lot of publicity in licensing circles. In both cases there were failures to […]

8 August 2013

‘Shadow’ Licences

Residents can sometimes be puzzled by an application for a new premises licence for their local nightclub or bar, when it has been operating for years. Sometimes this can be an application by a freeholder or head leaseholder for a ‘shadow licence’, with the intention of protecting their interest should a licence held and operated […]

8 August 2013

A ‘CAN’ do approach to licensing?

The Government’s recent announcement in respect of its National Alcohol Strategy (https://www.gov.uk/government/speeches/governments-response-to-the-alcohol-strategy-consultation) made headlines for the dropping, or at least putting on the back of the backburner, the proposal to impose a minimum unit price on alcohol. Delving a bit deeper into the matters which it will take forward, in the spirit of promoting growth […]

18 July 2013

An Amended Version of the Guidance

An amended version of the Guidance issued under s182 Licensing Act 2003 has recently been published (June 2013 version). The Guidance specifically states that it is not to have retrospective effect ie it only applies to applications made after the issue date. Residents should be aware that the Council as licensing authority is required to […]

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