There has been much coverage in the press - almost all of it sensational - in the past few days about the Government's proposals to review and modernise the laws which govern licensing. The laws and rules have not been looked at in any great depth since the Licensing Act of 2003 which at the time was thought rather revolutionary and far-reaching, but is now seen as restrictive and over officious.
The new Labour Government set up a working group to look at how to reduce barriers in the licensing system and to examine and propose changes. It included UK Hospitality CEO Kate Nicholls, British Beer & Pub Association chair Nick Mackenzie and Night-Time Industries Association CEO Michael Kill.The proposals are well laid out in the trade paper the Morning Advertiser which is linked. Most seem sensible and non-controversial. My comments in italics:
- A one-time (twentieth anniversary) licensing condition ‘amnesty’ to modernise and streamline licences
Seems sensible
- Hearings and appeals – various recommendations, including a strengthening of the objections procedure to prevent unnecessary and unsubstantiated objections
About time. Too many objections are given too much weight in decision making
- Remove the hard-copy local newspaper advertising requirement
Clearly outdated and outrageously expensive to no real purpose
- Improve the potential for licensed premises to better use their outside spaces by removing regulatory barriers, improving licensing decisions, simplifying processes, and achieving greater consistency
- Increase the maximum entitlement for Temporary Event Notices (TENs) for licensed premises (that is those with existing premises licences) to help generate new opportunities for existing businesses.
Sensible. This applies to premises only, not to personal licences which have different conditions
- ‘Sunset clause’ on blanket hours and other policies to avoid situations where a restrictive policy is put in place to deal with a specific issue, but the policy in effect runs forever or is continually renewed using the original out of date evidence base
This is so obvious. What happened and was appropriate years ago is often automatically included for the future, despite circumstances changing
Other measures will include a review of licensing fees, extended blanket hours for specific local events, a review of the late-night levy and removal of early morning restriction orders.
So far, so sensible. Reviewing legislation from time to time is only logical - laws need to evolve with the world they govern. Few could deny that pubs today are operating in a very different landscape to 2003, when the current Licensing Act became law. And that Act itself came after years of consultation in what already feels like another era.
What’s striking in this latest review is the number of gentle digs at Local Authorities and their often cautious stance on change. Naturally, that’s not what the headlines focused on. Even the BBC led with “longer opening hours” and the predictable link to anti-social behaviour. Meanwhile, pub owners across social media were quick to point out what’s really hurting the trade - and they’re right. Soaring inflation, rising wages, shifting consumer habits, higher taxes, sky-high utility costs, the cost-of-living crisis, and unfair competition from supermarkets all pile pressure on an already stretched industry — and that’s just the start of the list.
Still, the review itself is a step in the right direction. Although The Guardian focused wrongly on “Pubs to stay open until early hours in push for UK growth” - those extra freedoms will help. But real progress would mean tackling the everyday issues that make both running and visiting pubs increasingly uneconomic.
When I say Local Authorities can be “cautious,” perhaps that’s being kind. At times, they can be obstructive, unhelpful, even tone-deaf - though, to be fair, there are exceptions.
There isn't an end date for consultation, so don't expect to see things change immediately.
