Licensing law changes are a 'significant departure'
30 July, 2010
Legal expert warns coalition's plans for licensing could have major implications for the trade
A licensing lawyer has warned the planned licensing regime overhaul is a “significant departure” from the current laws with major implications for pubs.
Anna Mathias, a barrister with Joelson Wilson, branded the plans in the Home Office consultation as “fundamental”.
“It signals a significant departure from the law as we know it. The government is in crackdown mode,” she said.
Mathias, who worked for Kensington and Chelsea’s legal department during the implementation of the Licensing Act in 2005, pointed to the increases in powers of “interested parties” as having potentially major implications.
Currently the licensing authority must consider the interests of local residents when looking at applications. However, under the coalitions, anyone, regardless of where they live can object.
“They must include some way of controlling that,” said Mathias. “If anyone can object it could be harmful for licensees.”
She also highlighted that under the consultation’s recommendations, the police would have much more say in how businesses operate under their licence.
“The police can usually go behind the licensing authority and discuss with the licensees what changes they should make. But then the authority can go against these.”
Mathias warned that measures recommended after a licensing review, which currently do not come into effect until the appeal has been decided, would be enforceable if this was made law.
“The consultation suggests that the measures would kick in before you have had the chance to appeal,” she added. “This is too draconian.”