Implications of the 'Stalinist' reform of the licensing laws
Comments on the new Licensing Bill
The system for licensing pubs and clubs is due for a shake-up when the Licensing Bill, which is currently going through Parliament, becomes law next year.
The proposed reforms have been welcomed by many sections of the licensed trade, including pubs, hotels and restaurants, and are aimed at simplifying the present system and removing inconsistencies.
The main changes the Bill will introduce are:
- Relaxation of restrictions on opening hours
- Transfer of responsibility for issuing licences from courts to local councils
- Abolition of the present wide variety of types of licence needed
Under the new law, landlords will apply for a single 'premises' licence. They will no longer have to apply separately for a public entertainments or a music and dancing licence - they can apply for these at the same time, and the scope of the licence will be governed by the conditions imposed by the Town Hall. There will be a single fee, set at realistic rates by the government (probably between £110-£500).
But there are some controversial provisions in the Bill. The new law will require all premises where public performances are held to be licensed.
This will include not only pubs, but also schools, churches and village halls that do not at present need licences to stage concerts or plays.
This has led to protests from groups as diverse as folk musician, drama groups and church choirs. Churches and village halls, which are used for many community functions, may be put off by the cost of making extensive alterations to meet Health and Safety and Fire Regulations. It is the hidden cost of bringing buildings up to these standards, rather than the cost of the licence, which may lead them to close their doors to public performances.
This could mean that drama groups, choral societies and brass bands could find themselves without a venue.
Musicians are concerned that local councils will interpret the new law restively. Even under the present law, pubs have been prosecuted and fined heavily for 'allowing' customers to dance or tap their feet to piped music. And in one case, a landlord was fined when regulars sang Happy Birthday to a pub musician - they were treated as having joined in the performance!
But the most draconian provision hidden in the Bill is that even private functions will need a licence if any money changes hands. Wedding receptions, private parties and corporate functions could be illegal if they hire a band for the occasion, without a licence. These provisions, which have been criticised as a 'Stalinist', need drastic amendment.
January 2003
If you have any questions please do not hesitate to contact us, Ralph’s email address is ralph.court@raworths.co.uk
