Licensing may get Planning Inspector Equivalent

For some time the Mayor of London has been questioning the power and impact of the local licensing committees for the London Boroughs and their ability under the licensing regime to stop potential development and growth of the sector and be part of the fuel for re development of areas.

It would appear that he has the ear of the Chancellor and as part of the program for economic growth there is now a discussion whereby London Licensing Authorities that block bars and restaurants from opening later could see their decisions overturned by the Mayor, by allowing Sir Sadiq Khan to “call in” licensing decisions for key nightlife areas.

From a legal perspective this sounds very similar to the ability of the Planning Inspector to call in planning decisions and then review or re issue permissions, however any legislation will have to be made by Parliament to amend the Licensing Act 2003 as firstly any new regime would need a statutory basis and secondly there would have to be amendment as to how the operation of that power would sit against the existing right of appeal to the Magistrates court and the ability to bring judicial review of licensing decisions.

The Chancellor seems keen on the idea stating “the move will mean hospitality businesses have "the conditions to grow" and are not "tied down by unnecessarily burdensome red tape".

There is also talk about expansion of the power to other parts of the country, such as the West Midlands and Greater Manchester which have Regional Mayors with greater devolved powers.

Angela Rayner, the deputy prime minister, said: “It’s time to give the Mayor of London new powers to back the capital’s pubs and clubs, as part of our plan to give mayors the tools they need to drive growth. Too often, we have seen the complaints of a vocal minority of objectors promoted over the need for our country to grow. We are determined to change this.”

These are words which may give hope to many city and town centre operators.