Reviews and Enforcement
Policing and Crime Bill
The Policing & Crime Bill is likely to be enacted during 2009. Some of its provisions contain extremely important implications for licensed premises and it is vital that you consult us to discuss how this change in the law may affect your premises.
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Underage sales
The Government is clearly disappointed that there have been very few prosecutions following the Violent Crime Reduction Act in 2007. This Act effectively means that three sales to persons under the age of 18 within a three month period would empower a Court to impose a significant fine and, in addition, suspend the licence for up to three months. The Police can also require the premises to close for 48 hours as a lesser and alternative punishment.The Policing & Crime Bill will change this to two sales within three months when it becomes enacted.
Mandatory Conditions (Nationally and Locally Imposed)
The most worrying clause for operators is Clause 31. This brings into effect an as yet unpublished set of conditions that will, no doubt, be set out in Secondary Legislation. In essence, it gives the Secretary of State the power to specify conditions which are then added to all relevant premises licences, if he or she considers it appropriate to do so for the promotion of the licensing objectives.The Bill provides powers for Local Authorities to impose such permitted conditions as it considers appropriate on two or more premises licences in a particular locality in its area. The same provision applies to Club Premises Certificate holders.
Lap Dancing
The Bill will reclassify lap dancing clubs as "sex establishments", as the Government considers that the present powers to regulate such premises under the Licensing Act 2003 are insufficient. Reclassifying such clubs as sex establishments will mean that the Local Government (Miscellaneous Provisions) Act 1982 will apply to them, in the same way that it does to sex cinemas and sex shops.In essence, this will mean that any new application, transfer of such a licence or variation to it will allow local communities to make objections on grounds wider than is permitted under the Licensing Act. Local Authorities would also have a power to set a cap on the number of lap dancing clubs they think are appropriate for a particular area and to impose a wider range of conditions on such licences.
If you have any queries please contact Graeme Cushion or tel. 0115 953 8503 or 07769 720319.