Licensing update

In this story:

The Act
Licence applications

The six-month transitional period for the new Licensing Act has now passed and the predicted 24-hour drinking chaos in the Royal Borough has failed to materialise. Much of the credit for this smooth transition must go to the Council's Licensing Team that has been working flat out processing all the licence applications that became its responsibility when the new Act came into force late last year.

This article recaps the aims of the new Act and reports on the volume and types of applications received, using case studies to show the new process in action.

The Act

moves the responsibility for licensing premises from the magistrates' courts to local authorities
incorporates entertainment, theatre, films, alcohol, late night hot food and indoor sports into a single licence rather than a range of separate licences
introduces separate licences for premises and people
means ‘general licensing hours’ no longer exist
allows many establishments (convenience stores, restaurants, pubs, bars) to apply for licences to provide the 24-hour sale of alcohol or an extension to the current hours during which they sell alcohol

In essence the Licensing Act 2003 seeks to establish tough new penalties for licensed premises that fuel alcohol-related disorder, while giving responsible adults more freedom.

Although new licences do not have to be reviewed at regular intervals, an important safeguard built into the Act is the fact that, at any time, a licence can be called in for a review if residents, police or nearby businesses make a valid request. One recent example that shows this new process in action is that of the Finborough Arms.

Finborough Arms – the Act in action

The Finborough Arms, SW10, applied for licences to allow it to serve customers until midnight, except on 15 occasions a year when its permitted hours could be extended by an hour with the consent of the police. In March this year an application to review the licence was made by the police after it was reported that the pub was operating beyond permitted hours. Many of these reports came from residents. Police visited the pub in May and found music, dancing and the sale of alcohol going on beyond permitted hours. As there was little or no control of customers, a closure notice was issued.

The matter was taken to the West London Magistrates' Court two days after the police inspection and the Deputy District Judge ordered the pub to remain closed until the Licensing Authority (the Council) held a review hearing. Both reviews were heard on 22 May and resulted in the pub's licences being revoked and the Designated Premises Supervisor being removed from the licence.

Licence applications

The time spent dealing with licence applications has been considerable with the Licensing Team processing 12 times as many applications than the previous year at a cost approaching £500,000.

875 licensed establishments in the borough applied for a premises conversion licence that simply meant they retained whatever licence permissions they held under the old legislation. A further 12 clubs also applied for the conversion of their old club registration certificates.

There were 90 applications for new premises licences and four for new club premises.

A variation to a licence is needed if an establishment wishes to alter its existing licence in any way. This type of licence could allow premises to show films or put on plays and does not necessarily mean an extension to drinking hours. Applications for this type of licence totalled 296 with 37 withdrawn, 156 granted in full, 97 granted in part and six refused.

In addition to applications from premises, the team also has to process representations from residents or ‘responsible authorities’ that express concerns about a particular licence application. In total 3,899 representations were received leading to 166 hearings being held for contested applications. The case below is an example of residents contesting a licence application.

The K Bar – The Act in action

The K Bar, Fulham Road, SW10, applied for a variation to extend its hours for the sale of alcohol, live music and the performance of dance. The application went to the Licensing Committee in September 2005 after 16 representations were made by local residents, and one each by the police and the Council's noise and nuisance officers. The Committee refused the application to extend the hours and the applicants then lodged an appeal at the West London Magistrates' Court. The appeal was heard in full in January 2006 with residents, the police and a noise nuisance officer appearing as the Licensing Authority's witnesses. The Court ruled against the applicants and dismissed the appeal.

The result of all these applications means that the Royal Borough now has 963 licensed premises and 16 club premises. This compares to approximately 1,082 licensed premises and 20 registered clubs before the Act came into force.

606 premises between midnight and 2am:
441 at Midnight
16 premises between 2am and 4am
6 premises between 4am and 6am
Only one restaurant licensed to sell alcohol 24-hours a day:
Vingt Quatre, 325 Fulham Road, SW10

The following shops are licensed to sell alcohol 24-hours a day:

Sainsbury's, 158 Cromwell Road, SW7
Tesco, West Cromwell Road, W14
Total Petrol Station, Chelsea Cloisters, SW3
A P Food Express, 48 Harrington Road, SW7

Most hotels are also licensed to sell alcohol 24 hours a day but to hotel guests only.

The majority of premises would close 20 to 30 minutes after the sale of alcohol has ended.

All details of licences granted are on the website under licensing: www.rbkc.gov.uk

If you require further information regarding the Licensing Act 2003 please contact:

Licensing Team
Council Offices
Pembroke Road
London, W8 6PW

Telephone 020 7341 5152

top of page