LEGAL
DAVID CLIFTON - JOELSON WILSON LLP SOLICITORS
Hello EMRO
David Clifton, partner in the Licensing and Gambling
Team at
Joelson Wilson LLP, talks about the current Home Offi ce consultation paper entitled
Dealing with the Problems of Late Night Drinking
Don’t you just love acronyms? Did you know, for example, that laser is an acronym? Its full meaning is Light Amplifi - cation by Stimulated Emission of Radiation. And computer wizards will know that ADCCP stands for Advanced Data Communications Control Protocol. I was concerned that with the passing of the old licensing leg-
islation, we were seeing the disappearance of much-loved acro- nyms from our own everyday language. However, while we’ve waved goodbye to PELs and SHCs, we’ve welcomed with open arms TENs and ADZs. Now we must all get used to EMROs as well. I say this because the Home Offi ce has published its consul-
tation paper, Dealing with the Problems of Late Night Drinking, seeking views on proposed regulations to introduce EMROs (Early Morning Restriction Orders) – and the late night levy (yet to be called an LNL), each of which were measures enacted last year by the Police Reform and Social Responsibility Act. It invites re- sponses by 10 April.
SO WHAT’S IT ALL ABOUT? • The existing law allows licensing authorities to restrict the sale of alcohol in the whole or part of their areas between 3am and 6am on all or some days. The new law amends these provisions to allow EMROs to apply between midnight and 6am instead
• Licensing authorities must consider specifi c proposals in respect of “problem premises” and whether the problem can be solved by other means, before deciding to impose an EMRO
• Licence holders and other affected parties will be given 28 days to make representations before an EMRO is introduced, and the licensing authority must hold a hearing to consider these
• The paper asks respondents to say whether they agree with the Government’s proposal that EMROs will not apply on New Year’s Eve, or on days when licensing hours are derestricted at national level, and whether certain categories of premises should be exempt
• The late night levy will allow licensing authorities to raise a con- tribution from all licensed premises in their areas that are au- thorised to sell alcohol in a late night period, which the authority will set. This can be any time between midnight and 6am • Before a licensing authority adopts the levy, it must give at least
Joelson Wilson LLP specialises in all aspects of legal work affecting the pub and bar in- dustry. The fi rm also advises on acquisitions and disposals,
property and employment law and contractual and litigious matters. The views expressed are given without any assump- tion of responsibility. If you have any questions, contact: E-mail:
drgc@joelsonwilson.com Tel: 0207 580 5721 Web:
www.joelsonwilson.com
two months’ notice to affected businesses, so they can apply to reduce their licensed hours with a free minor variation procedure
• The consultation asks for views on the types of premises that should be exempt from the levy, or eligible for a reduction, for example bars within Business Improvement Districts (BIDs) and rural village pubs where the local population is less than 3,000
• The consultation proposes that participation in business-led best practice schemes should entitle premises to claim a reduction in the levy and seeks views on the inclusion of schemes such as Best Bar None, Pubwatch, Clubwatch and Shopwatch
• It also asks for views on the types of activities, other than polic- ing, that licensing authorities should be able to fund with the 30% of proceeds from the levy they’ll be authorised to retain, for example the cost of late-night town wardens, street cleaners and taxi marshals
Following the close of the consultation process in April, the Gov- ernment will report on the responses received. It also aims to introduce regulations in October to bring the new measures in to force. So you’d better play your part in the consultation if you want to avoid receiving a text from the licensing minister say- ing “AYSOS” – as some of you will know, that particular acronym stands for Are You Stupid Or Something?
Q. My premises are licensed for late night refreshment, which I under- stand allows me to serve hot drinks after 11pm. Would this also allow me to serve hot food? A. Yes it certainly would. Late night refreshment covers the provision of hot food or drink between the hours of 11pm and 5am for consumption on or off the premises.
Q. I have recently taken over a bar and I have transferred the premises licence into my name. The bar has two gaming machines. Do I need to transfer the machine permits into my name? A. As there are only two machines, there is not a permit as such to be transferred. You will need to submit what is known as a ‘notifi cation of two or fewer gaming machines’ to the licensing department of your lo- cal authority, along with a small fee.
Q. I am trying to obtain a personal li- cence but have been told that I need the relevant licensing qualifi cation. I have tried to take the exam for this qualifi cation several times but unfortunately keep failing. Is there anything else I can do? A. No. Unfortunately, you are dis- qualifi ed from holding a personal licence if you do not possess an ac- credited licensing qualifi cation. Until you have successfully passed the ex- amination, you will not be able to become a personal licence holder.
Q&A
14
TWENTIETH FEBRUARY 2012
pub&bar
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64