Ditch requirement for triennial reviews of licensing policies: BBPA

May 18, 2011

The legal requirement for triennial reviews of licensing policies is a “pointless and costly exercise” for hundreds of councils and others wishing to respond, the British Beer and Pub Association has said in response to the government’s ‘Red Tape Challenge’.

The BBPA said that – in line with the government’s localism agenda – it should be left to local authorities to decide whether they want to conduct a review.

The requirement for triennial reviews was one of a number of pieces of unnecessary red tape identified by the association.

The BBPA also called for Alcohol Disorder Zones – introduced under the Violent Crime Reduction Act 2006 – to be scrapped. “Despite the huge amount of Parliamentary time invested in this controversial law, not one ADZ has ever been introduced,” it pointed out. “The government should repeal – but also avoid similar, new measures, such as the proposed Late Night Levy in their new Policing Reform & Social Responsibility Bill.”

Other pieces of unnecessary red tape put forward by the BBPA include:

The need for smoke free signs. Consumers and pubs are more than able to enforce the ban without this requirement, the BBPA said, adding that fines of up to £2,500 were “totally disproportionate”. (Smoke-Free (Signs) Regulations 2007, The Smoke-Free (Penalties and Discounted Amounts) Regulations 2007)
Having to advertise licensing applications in local newspapers. “This imposes a real cost burden on pubs, yet these small print ads may still not be seen by the public.” (The Licensing Act 2003 (Premises Licenses and Club Premises Certificates))
Live Music exemption from special licensing requirements. “There is no need for special licensing requirements for small music events, with an audience of less than 200” (Licensing Act 2003)
The current system in relation to underage sales is unfair, “as it doesn’t distinguish between ‘human error’ and any premises that are deliberately breaking the law and should be based on an ‘intent’ to sell”(Violent Crime Reduction Act 2006)
Excessive bureaucracy in licensing applications. “Licensees must send multiple paper copies of all their licensing applications to a list of ‘responsible authorities’. This should be streamlined, as it is for electronic applications” (Licensing Act 2003)
The Mandatory Code/mandatory conditions. “These cost pubs around £32m per year, with new rules around the size of measures available and free tap water, to name but two. There is little benefit to the public.” (The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010)
Licensing application forms are “too long and repetitive and waste a lot of pubs’ and local councils’ time”. They should be made simpler. (Licensing Act 2003 (Personal Licences) Regulations 2005)
Gluten-free labeling. Pubs should be taken out of the gluten-free labelling scheme for pub menus – “it’s so complex that most pubs wouldn’t risk selling such foods, as they wouldn’t have the information to make a ‘gluten-free’ claim on a menu.” (Foodstuffs Suitable for People Intolerant to Gluten (England) Regulations 2010)

BBPA chief executive Brigid Simmonds said: “Some measures, like Alcohol Disorder Zones, should clearly be put out of their misery, and others, like smoke free signs, no longer serve any useful purpose. We also need to bear in mind that new measures, such as the proposed Late Night Levy, are going to add further to the burden of regulation.

“While the Government makes the right noises when it comes to the role of business in helping the economy to recover and create jobs, we need this backed up with action.”