Charles Lucas Marshall - Private Services
Group of people, drinking and laughing Liquor Licensing Act 2003
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Paul Trincas
Paul Trincas
In March, Paul Trincas, Litigation Partner at Charles Lucas & Marshall, outlined the proposed new changes in Licensing Law as contained in the new Licensing Bill. Here he provides an update, and highlights a couple of other important liquor licensing changes.
Has the Licensing Bill now become law ?
Yes -The Licensing Bill received Royal Assent on July 10 2003, to become "THE LICENSING ACT 2003".
However, although receiving Royal Assent on July 10 this year, the Act has not yet legally come into force. It is anticipated the new Act will come into force, at least in relation to “Transitional Provisions”, very shortly – perhaps as quickly as within the next few months.
The Transitional Provisions will deal with the question of how and when existing holders of Liquor Licences will be able to convert into the new dual system of Premises Licences and Personal Licences.
It is expected that from date of commencement of the Transitional Provisions that a "conversion period" of between 12 to 14 months will be allowed for conversion by exiting liquor licence holders to the new system.
However, anyone wishing to apply for any new alcohol licence during the transitionary period will still have to abide by the existing Licensing law and will still have to make such applications to the Magistrates Court.
Once the transitional period has expired, all applications, new or otherwise, will need to be made to the appropriate Local Authority.
All existing Liquor licence holders must ensure they promptly, and properly, convert to the new system under the Transitional Provisions.
Credentials for obtaining the new Personal Licence
Under the Licensing Act 2003 everyone applying for Personal Licenses will now need an accredited Licensing Qualification before the Local Authority will grant such licence.
This is to ensure licence holders are aware of the licensing law and the wider social responsibilities attached to the sale of alcohol.
On August 5th 2003 the Government published details of the syllabus for the new Personal Licence qualification. Topics under the syllabus are wide ranging and include not only Premises and Personal licences but also licensing objectives and policies, licensable activities, offences, police powers of closure of premises and protection of children.
Existing holders of Justices Licenses will be exempt from obtaining this new qualification provided they convert to the new system during the Transitional Period.
The Government will accredit course providers to run courses leading to this qualification.
Doormen and The Security Industry Authority
A new feature of the Act is that where a Premises Licence includes a condition that security activity is to be carried out, the licence must include a condition that each individual carrying out such security activities must be licensed by a new central body called the Security Industry Authority.
Until now all such doormen have been licensed by the Local Authority concerned. No longer will this be the case. Anyone now wishing to engage doormen or the like at their premises will need to ensure their doormen are licensed by the Security Industry Authority.
For more information contact Paul Trincas, on 01635 521212 or paul.trincas@clmlaw.co.uk