Government response to the post-legislative scrutiny of the Licensing Act 2003 follow up report

In 2017, the House of Lords Select Committee on the Licensing Act 2003 published its post legislative scrutiny report. The Government’s formal response followed later that year.

Links to both can be found in our previous article here - 'House of Lords Select Committee on the Licensing Act 2003 - Government response'

The House of Lords then issued a follow-up report earlier this year – see our article here https://www.john-gaunt.co.uk/news/house-of-lords-follow-up-report-published

The Government has now issued its response to the House of Lords’ follow up report (slightly delayed due to a leadership change or two), which can be found here: 'Post-legislative scrutiny of the Licensing Act 2003: follow-up report'

In brief, the response does not suggest any major changes to the current licensing system. However, there are some potential changes on the way. The notable points from the Government’s response are summarised below.

Remote sales

The Government recognises that pre-pandemic online sales of alcohol was a growth area and that the pandemic may have sped up a trend of increasing online sales. A call for evidence about this will likely follow as per the below:

• “It will be vital to ensure that the Licensing Act remains an effective framework to regulate the sale and supply of alcohol against a backdrop of rapid technological advances, including increased used of automated checkouts and digital processes. In order to understand more about the online / remote sale and supply environment, we will be carrying out a call for evidence to help shape future policy planning”

Licensing and planning

The Government “acknowledges that coordination between the licensing and planning systems is important, but considers that the systems are separate, with two very different and distinct objectives and approaches”. However, there does not appear to be any intention to legislate further on this, as the response outlines:

• “The powers are there to enable planning and licensing to work together to support the needs and aspirations of local communities and we do not intend to introduce an additional mechanism.”

Instead, a change to the section 182 Guidance seems to be the way forward – “We will revisit the section 182 Guidance with a view to strengthening advice on local coordination and the expectations of the local systems further.”

The next version of the Guidance also seems likely to include a version of the Agent of Change principle, which is welcome news for the sector if it is implemented in the Guidance sensibly:

• “The Government agrees with the Committee’s recommendation and the ‘Agent of Change’ principle has been included in the section 182 Guidance and will be published in an updated version later this year.”

Training

The Select Committee recommended a minimum training standard for councillors, including refresher training. However, the Government “does not intend to introduce a formal minimum standard for training as the Committee suggests nor put in place prohibitions on participation”. Again, the section 182 Guidance might become the vehicle for addressing this issue in that:

• “To ensure there is widespread awareness and take up of the existing licensing training, we will discuss with training providers whether any additional signposting can be helpfully included in the section 182 Guidance and continue to support efforts to ensure all those involved in licensing work are trained accordingly.”

Disabled access and facilities statement

In Scotland, premises licence applications should be accompanied by a disabled access and facilities statement and the House of Lords Committee recommended the same for England and Wales. However, this requirement will not be put forward by the Government as its “position remains that the Licensing Act should not be used as a means to control other aspects of licensed premises or ensure compliance with other legislation such as the Equality Act 2010. We do not consider it necessary to take new legislative or regulatory measures in addition to the existing legislation.”

Night-time economy

In response to the Committee’s points on the night-time economy, the Government stated:

• “We continue to take action to improve the safety of women at night, tackle drink spiking in licensed premises and work with partners to reduce incidents of violence in the night-time economy. To support this work further, we are establishing a National Working Group to bring together policing and licensing partners with a focus on police led interventions to reduce alcohol-related offending, sharing good practice, exploring innovative approaches and maximising the use of existing licensing powers.”

Late Night Levy

Unfortunately, it appears that the Late Night Levy is here to stay as the Government does not “intend to carry out a formal consultation on the impact of the Levy”. However, it will look “to consult on the level of Late Night Levy to be applied to late night refreshment premises at the earliest opportunity.”

Sale of alcohol ‘airside’ at airports

The Committee was very disappointed that the Government decided not to proceed with licensing airside at airports and it appears that this decision will not be reviewed as “the information and evidence submitted did not make a compelling case for extending the provisions and we do not intend to revisit this decision.”

Application systems

Foe those unaware, the incredibly useful GOV.UK licensing application platform is to be removed and the Committee noted that this would be “disastrous” without a replacement system in place. The response states:

• “The Government agrees that managing the removal of the licensing application platform should not have an undue negative impact on the licensing process. We have appointed a team to identify and implement the best solution.”

Nothing concrete but hopefully an effective and workable online application system will continue beyond the demise of the current one.