Monthly update on Licensing Changes in the UK
We are seeing increased levels of activity in relation to immigration and the right to work. This is an area where over recent years there has been the introduction of provisions under the umbrella of licensing, so please do ensure that everyone who is employed in your licensed premises has the right to work there, and that you have seen the correct documentation to prove the right to work or you may face action by way of a Licensing Review. For more information please contact us.
We have flagged this on more than one occasion but it is sufficiently important to bear reminding.
- The first Personal Licences that were issued under the Licensing (Scotland) Act 2005 will expire on 31 August 2019.
- The last date to apply for renewal of these Personal Licences is 31 May 2019. This is a mandatory deadline for required applications.
The important message is that affected personal licence holders (most are affected) must act now and avoid any possibility of failing to obtain their Scottish Personal Licence renewal. Any premises which have a named DPM who fails to renew their personal licence in a timely fashion will suffer an interruption in trade – and reports suggest that few have yet taken the opportunity to renew.
In September the home nations will be competing in the Rugby World Cup in Japan. Given the unusual hours of some matches, forward operational planning may be required, with some possible early extension to licensing hours.
Following a formal consultation last year regarding the scope, structure, fees and implementation of a new Specially Featured Entertainment (“SFE”) tariff PPL PRS Ltd have announced a new tariff, coming into effect on 1 July 2019. The new tariff relates to the playing of recorded music in public at events such as discos and DJ nights and applies to nightclubs, pubs and bars, cafes and restaurants, and hotels.
The present tariff, which had been in place for around 30 years, was in PPL’s view too low to be an appropriate reflection of the value to businesses of using recorded music at SFE events.
National Licensing Week (NLW) 2019 will run this year between 17 and 21 June 2019, organised and promoted as usual by the IoL. NLW is seen as a chance to raise awareness across the country and are encouraging as much engagement as possible again this year. More and more businesses and organisations are using National Licensing Week to showcase what they do as an opportunity to celebrate the diversity of licensing and all the participants. The underlying message of the initiative is that “licensing is everywhere” with daily themes to demonstrate how licensing effects our daily lives.
Portman Group – Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks (6th edition)
Following a consultation last year, the Portman Group has this month issued its sixth edition of its Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks. The key changes can be found in our full article.
The National Trading Standards website has recently reported the results of recent test purchasing operations aimed at the sales of knives. The results revealed many vendors were selling knives without undertaking required age verifications.
The Competition and Markets Authority has set out its view on what online accommodation booking companies need to do to ensure that they comply with consumer law. The principles for online hotel booking companies, travel agents and hotel companies address issues such as failure to disclose the effect of payments on search results, misleading reference prices, misleading presentation of prices and misleading popularity and availability statements.
“We Love Hackney” secure permission to pursue Judicial Review of Hackney Borough Council Licensing Policy
We previously reported on the residents group “We Love Hackney” and their challenge to Hackney Councils new Licensing rules introduced last year. A High Court Judge has now granted permission for the group to pursue a Judicial Review of the Councils decision making process in the introduction of the policy. “We Love Hackney” wish to argue that Councillors (when deciding to implement the policy) were not presented with important information on the impact that the new Licensing rules would have on late night independent venues, young people and the LGBTQ+ communities in the borough.
The House of Lord Committee for Regenerating Seaside Towns has today published their findings in a report which can be found here. The Committee, which was appointed in May 2018, heard oral evidence from a number of different sources throughout the year and visited seaside towns including Newquay, Skegness, Blackpool and Clacton-on-Sea during the process. The report includes a number of recommendations which the Government will now consider and respond to.
On 26 April 2019 further provisions of the Air Weapons and Licensing (Scotland) Act 2015 came into force, which related to the licensing of Sexual Entertainment Venues (SEV) and theatres. The principal changes relate to SEVs in that a new discretionary licensing regime is created that Local Authorities can choose to adopt should they so wish. The Scottish Government has issued Guidance to assist local authorities in relation to the new SEV regime as well as the forthcoming changes to theatre licensing.