Counterview: The Policing and Crime Act
The Policing & Crime Act looks quite different to the original bill. Some of the amendments are good news for licensees, but it still creates a serious conflict of interest for licensing officers writes Jeremy Allen.
It has been long awaited and now it is here.
The Home Office has backed down on the powers of local authorities to impose licensing conditions that were part of the Policing & Crime Bill before it became an Act. There has been huge criticism of this at roadshows up and down the country and a lot of that has come from local authorities themselves.
If that was the good news, then what is the bad? Well, as far as the industry is concerned, local authorities are now going to become interested parties with the power to make representations in the same manner as persons or bodies living or working in the vicinity of the business.
This means that effectively the licensing officer will be empowered to commence reviews of premises or become a party to reviews commenced by other people. They also will have power to make representations on new licences, variations, and so on.
This clearly makes it more difficult for the licence holder as the licensing officer ceases to be totally impartial. Having said that, there have been a number of licensing authorities where review proceedings have been commenced, for example by the environmental health team where one suspects that the licensing officer already has a view.
It makes the hearing in front of the licensing committee arguably less fair and does I think throw more emphasis on the importance of the appeal before the Magistrates being totally independent.
The Government should also now look at the fee for mounting an appeal. Having to pay £400 to the Magistrates' Court simply to issue the Notice of Appeal is bad enough at present. It is going to become worse when this new provision comes into force. It is a fee that in itself is too much for certain off licence clients.
Jeremy Allen is a senior partner of Poppleston Allen
It has been long awaited and now it is here.
The Home Office has backed down on the powers of local authorities to impose licensing conditions that were part of the Policing & Crime Bill before it became an Act. There has been huge criticism of this at roadshows up and down the country and a lot of that has come from local authorities themselves.
If that was the good news, then what is the bad? Well, as far as the industry is concerned, local authorities are now going to become interested parties with the power to make representations in the same manner as persons or bodies living or working in the vicinity of the business.
This means that effectively the licensing officer will be empowered to commence reviews of premises or become a party to reviews commenced by other people. They also will have power to make representations on new licences, variations, and so on.
This clearly makes it more difficult for the licence holder as the licensing officer ceases to be totally impartial. Having said that, there have been a number of licensing authorities where review proceedings have been commenced, for example by the environmental health team where one suspects that the licensing officer already has a view.
It makes the hearing in front of the licensing committee arguably less fair and does I think throw more emphasis on the importance of the appeal before the Magistrates being totally independent.
The Government should also now look at the fee for mounting an appeal. Having to pay £400 to the Magistrates' Court simply to issue the Notice of Appeal is bad enough at present. It is going to become worse when this new provision comes into force. It is a fee that in itself is too much for certain off licence clients.
Jeremy Allen is a senior partner of Poppleston Allen
