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News Archive

Consultation on draft revised Guidance to be issued under section 182 of the Licensing Act 2003

The Licensing Act 2003 requires the Secretary of State to issue licensing guidance to licensing authorities on the discharge of their functions under the Act.

Licensing authorities are required to have regard to this Guidance in carrying out their licensing functions, but may depart from it when they reason to do so.

It is also important to note that the Guidance cannot change the requirements of the primary or secondary legislation.

The consultation closes in April – for more information please visit the DCMS website

Smoking Ban - Update

See our new Smoking Ban information sheet  (55.49 KB), for premises licence holders.

After 1st July 2007, people will not be allowed to smoke in enclosed or substantially enclosed spaces in workplaces, licensed premises and taxis (etc).

• "Enclosed" spaces have a ceiling or roof and walls (permanent or temporary).
• "Substantially enclosed” spaces have a roof or ceiling and walls, where the total of any wall openings is less than half the total wall area.  Windows and doors don’t count when working out the open wall area.

Building owners may be considering outdoor shelters for smokers.  This is not straightforward, and may result in complaints from neighbours.  Planning permission may well be needed, and considerable expense may be incurred for premises licence holders.

What would a shelter look like ?

The structure cannot be enclosed” or substantially enclosed” (defined above): it can have a roof or ceiling but more than half of the sides must be open.

For example, something like a bus shelter with a back and two end walls cannot be used by smokers, because it is substantially enclosed”.  

But a covered area created by fixing an awning to a wall with 3 open sides is not substantially enclosed, and so people would be allowed to smoke.

Smoking Ban

Government has announced that the ban on smoking in licensed premises (including smoking rooms in pubs and private members clubs), and work vehicles such as shared taxis, will come into force on 1 July 2007.

Changes to Taxi Licensing

With the passage of amendments to taxi and private hire legislation in the Road Safety Act 2006, ministers are now pondering when the changes should be introduced.

Two short changes have been approved by parliament:

• The repeal of section 75 of the Local Government (Miscellaneous Provisions) Act 1976.  This exempted vehicles from requiring a private hire vehicle licence outside of London for contracts lasting not less than seven days.  Because of public safety concerns that this growing sector was unregulated, the government has acted to plug the gap.
  
  However, a commitment was given to parliament to consult on the date for implementation of the repeal.  Whilst ministers wish to see it enacted quickly, time needs to be given to allow those affected to apply for the relevant licences, or for alternative contract arrangements to be made where necessary.  The change is likely to be introduced between May and November 2007.  
  
• The Act will allow the immediate suspension or revocation of a taxi or private hire vehicle drivers’ licence if required in the interests of public safety.  Presently, a decision to suspend or revoke a driver’s licence does not take effect for at least twenty-one days, to allow for an appeal to be lodged at the magistrates’ court.
  
  DfT say that a commencement order will be introduced as soon as possible to bring this into force, and that licensing authorities will wish to ensure that there are clear grounds for considering immediate suspension or revocation is justified on public safety grounds.  
  
  The default position should be that the decision should take effect after the twenty-one appeal period has elapsed, and ministers may issue further guidance on the use of the power if necessary or appropriate.  

New legal requirements - Disability Discrimination Act 1995

As of December 2006, people providing transport using taxis and private hire vehicles (transport providers”) must actively avoid discrimination against disabled persons and must make reasonable adjustments to services that they offer.  These services include timetables, booking facilities, tariffs, waiting rooms etc. at taxi offices, airports, ferry terminals, and bus, coach and rail stations.  

The Government has not YET required accessible vehicles (as at November 2006) but we would recommend careful thought be given when considering buying a new vehicle for private or public hire use.  Our fact sheet on accessible vehicles  (25.87 KB) gives more information.

BBC Children In Need

This is a worthy cause but please be sure that money is collected legally. Here are some tips to help you:

• Please do not collect "house-to-house”.  People find them intrusive and they are illegal without a local authority licence.
• If you are holding a raffle, check the rules with us at the licensing team.
• If your fundraising event or activity is on private property, remember to ask permission from the land owner.
• Don’t collect money in the street or any other public place without a licence from us or the police.  We recommend you arrange a fundraising event rather than a collection.
• Businesses are required by charity law to have a written agreement with the charity if they plan to sell goods, services, or run business promotions for the Appeal.
• Pudsey Bear is a registered trademark of the BBC and can only be reproduced with their written permission.

For more information, and a fund raising pack visit the BBC Children in Need website

The Animal Welfare Bill - Update

The Animal Welfare Bill received Royal Assent on 8 November, with Animal Health Minister Ben Bradshaw hailing it as the most important piece of animal welfare legislation for nearly a century.

By updating and bringing together more than 20 pieces of animal welfare legislation relating to farmed and non farmed animals, the Animal Welfare Act 2006 will:

• introduce a ‘duty of care' on people to ensure the needs of any animal for which they are responsible;
• create a new offence of failing to provide for the needs of an animal in your care;
• allow action to protect animals to be taken much earlier - rather than have to wait for an animal to show the signs of suffering, enforcers will be able to intervene before suffering begins;
• place more emphasis on owners and keepers who will need to understand their responsibilities and take all reasonable steps to provide for the needs of their animals.

The most fundamental piece of animal welfare legislation for nearly a century has now passed into law,” said Mr Bradshaw. The Government believes that by extending the duty of care to non farmed animals, it will reduce animal suffering in this country.

This is the culmination of several years work during which the government has worked closely with stakeholders. The result is legislation of which we can all be rightly proud.”

Chief Veterinary Officer Debby Reynolds has also expressed her satisfaction that the act has become law. I am delighted that the Animal Welfare Bill has now received Royal Assent. The bringing up to date of animal welfare legislation will help to improve the way people look after their animals.

The extra powers will mean that action can now be taken before an animal starts to suffer, and will put companion animals on the same legislative footing as farmed animals. The new act forms an important part of our overall strategy on animal health and welfare.”

The act will come into effect on 6 April 2007

Royal Assent

The Queen has signalled her assent to legislation of direct application to licensing: in addition to next summer's smoking ban in English and Welsh licensed premises under the Health Act 2006, the coming months will also see the implementation of:

1. the Violent Crime Reduction Act 2006 (providing for expedited licence reviews, alcohol disorder zones, increased penalties for under-age alcohol sales and amendments to drinking in public places orders)
2. ·the Charities Act 2006, amending the law relating to public charitable collections
3. ·the Road Safety Act 2006, making minor but significant amendments to private hire and hackney carriage vehicle licensing and the Animal Welfare Act 2006, which introduces significant change to animal welfare licensing and protection.

The Charities Bill

Government is in the process of introducing a new Charities Act.  The Act will regulate public charitable collections made in a public place, and door to door” (meaning houses or businesses).  In a change from the current situation, it seems that the Act will introduce controls for fund raisers who collect signed direct debit agreements rather than cash.  The definition of public place” is also widened, to include public areas within buildings such as shopping centres.

National charities will have to obtain a public collections certificate” (S52 of the Act) from the Charities Commission, and either obtain a permit from the local authority (S59 – public collections) or serve notice on the local authority (house to house)  before they can collect.  There is a significant fine for persons collecting without proper authorisation.  The commission will check that the charities are genuine.

Some collections may not need to involve the Charities Commission; S50 of the Act will allow promoters of local, short term” collections to simply serve Notice (which will contain details of the collection) on the Local Authority in the area in which they propose to collect.  It will be open to that Authority to reject the notice if the collection doesn’t come within the exemption.

The third reading of the Bill is expected in November 2006, after which it will receive Royal Assent and become an Act.

More information is available from the Charities Commission

New legislation - Animal Welfare Bill

With the Gambling Act 2005 not yet in action, more new legislative upheaval is on the way.

When enacted – probably in the next few months - the Animal Welfare Bill will replace much of the animal welfare related licensing that we currently administer.  

There is no new funding associated with the Bill – any new duties are to be funded from the licence fees.

As a Council we will be under no new obligations at existing licensed premises - riding schools, animal boarding establishments, pet shops etc – but we will have new powers to deal with any problems that we may find.

Regulations may enable us to deal for the first time with pet fairs, animal sanctuaries and livery yards.

For the first time we will be able to deal with behaviour likely to cause unnecessary suffering to animals (within those circumstances that licences apply) rather than having to wait until actual suffering has happened.

The Council is not now and will not be required in the future to have any enforcement responsibilities or duties to deal with the welfare of animals in private homes.

Watch Out For Rogue Taxis

There are few complaints about licensed (or unlicensed) private hire or taxi” vehicles in Wychavon.  But new, clearer and larger badges are being introduced in response to comments that the badges previously issued by us are too hard to read.  We hope that the new plates and driver badges will make it easier for the public to identify properly licensed vehicles.

The new vehicle plates have a clear licence number, registration number and an expiry date.  Drivers will be wearing a card with a clear driver number and photo.

The Licensing Team makes sure that all taxis, private hire vehicles, and their drivers are suitable, and are properly insured, before licences are issued.  Under no circumstances should people be accepting lifts from strangers in unlicensed vehicles. This change will hopefully make it easier for the public to make simple checks before getting into a vehicle to ensure they are properly licensed.

Private Hire Vehicles are different to Taxis. Taxis (hackney carriages) can be hailed on the street, or hired from a rank; they have light blue licence plates.  Private hire vehicles have to be pre-booked, they cannot be hired or hailed – they have yellow licence plates.

Passengers are entitled to see the driver’s details (photo, badge and number) and should make a note of them, in case they lose property in the vehicle or have cause for complaint following a journey.

Any queries please contact the Licensing Team on 01386 565016 between 9am-5pm, Monday to Friday or email licensing@wychavon.gov.uk.

Performing Rights Society

An additional licence is required if you wish to play recorded music in public.  For more information please see the Performing Rights Society website  (165.05 KB).

New Fire Safety Legislation

New fire safety legislation affecting all non-domestic premises in England and Wales came into force on 1 October 2006; this includes Community and Village Halls. The Regulatory Reform (Fire Safety) Order 2005 requires that you will need to have a suitable and sufficient risk assessment in place.

Further assistance can be obtained on the 'Fire Gateway' website and a downloadable version of the new guide small and medium places of assembly” is available on the Communities and Local Government website.

Seatbelt laws have changed

We have had anumber of enquiries from taxi drivers.  Government recognises that it is unreasonable to expect the right child seat or booster to be available in a taxi unless parents have brought one with them. Therefore, there is an exception so that if child restraints are not available in a licensed taxi or licensed private hire vehicle:

• under 3s may travel unrestrained but in the rear only;
• those 3 years and above must use an adult belt in the rear seat only.
• Remember that a child up to 135 cms in a front seat of any vehicle must use the correct child seat or booster.

The driver of the vehicle is responsible for seat belt wearing by children under 14 years (except in taxis with fixed partitions).

Find out more visit the child care seats information page on the Think Road Safety website.

Temporary extension of existing premises licences

For race tracks, greyhound and other stadiums with track betting licences, bingo halls, casinos, arcades and premises with prize gaming permits:

If your existing premises licence permission expires between 1 September 2006 and 31 August 2007, it will be automatically renewed until 31 August 2007, after which the new act will take effect. You will not need to apply for a renewal and the automatic renewal will not attract a fee.

For more information, please click on the link to see Fact Sheet 1 on the DCMS website

Price Paid for Having No Licence

“The licensing unit at Malvern successfully prosecuted a local restauranteur recently, because he was selling alcohol without a licence. Offering licensable activities without the proper licence may be punishable on conviction by a fine of up to £20,000 and or six months in prison. Wychavon officers will consider taking similar action at Court if we find evidence of people knowingly offering un-licensed licensable activities – that means sale of alcohol or making entertainment or entertainment facilities available. Please contact us if you help in legalising your activities”

Taxi Law May Change

In a sudden announcement today (18 July 2006), the Department for Transport has announced that two amendments will be tabled to the Road Safety Bill currently going through parliament, which will have a direct implication for taxi and private hire vehicle licensing practitioners.

Under the Local Government (Miscellaneous Provisions) Act 1976, a local licensing authority has the power to revoke or suspend a hackney carriage or private hire vehicle driver's licence following conviction for a number of reasons or for any reasonable cause. However, under section 77 the decision does not take effect until the time for lodging an appeal has passed or, should an appeal be lodged, until that appeal has been heard.

The effect of the proposal will bring the legislation in line with that for London, and will mean that a decision to suspend or revoke a licence in the interests of public safetywill have immediate effect once the driver has been given notice. However, the existing position in relation to vehicle licences and private hire vehicle operator licences will remain unchanged.

The second amendment will close a loophole that appears to have had the potential to undermine the principle of driver, vehicle and operator licensing contained in the 1976 Act. Section 75(1)(b) provides an exemption for operators, drivers and vehicles from the general licensing scheme where the vehicle in question carrys passengers for hire and reward under an exclusive contract for hire for seven days or more. A growing spread of 'car clubs' operating under the banner of Pink Ladies and othershas lately been seeking to take advantage of this exemption.

The government's view is that the exemption provided risks to public safety, particularly where children or vulnerable adults are being carried in unlicensed vehicles by unlicensed drivers.Ministersare said to have taken into account information from the trade and licensing authorities that use of the exemption is on the increase; that character and background checks should be conducted by licensing authorities rather than contracting bodies; and that some contracting bodies (taking advantage of the exemption) may not carry out any background checks at all.

It is expected that parliament will debate the amendments in October. Should they be included in the Bill, the government expects the repeal of section 75(1)(b) to takesome time to allow existing unlicensed operators to gain the relevant licenses. The amendment may, in some parts of the country, have an impact on those unlicensed operators and drivers who currently only perform school transport contracts, and hospital car services.

Home Without a Licence

From today (5 July), landlords who have not applied for a licence for a house in multiple occupation which is subject to licensing face prosecution by the local authority under the Housing Act 2004.

Under the Housing Act, an HMO is any property where three or more tenants who are not all members of the same household are sharing some or all of the living accommodation and/or amenities. Since 6 April 2006 any HMO on three or more storeys with five or more tenants in two or more households has been subject to compulsory licensing.

Local authorities also have a discretion to designate areas for additional licensing where other HMOs can be licensed.

With fines of up to £20,000 Housing minister Baroness Andrews said that landlords have been given three months to apply for a licence without fear of penalty.

'These new powers will strengthen licensing provisions and offer further protection for tenants. They also mean decent landlords will see an end to unfair competition from those avoiding their responsibilities'.

Local authorities may apply toa residential property tribunal for a rent repayment order for up to twelve months of housing benefit payments where an unlicensed HMO has been found. If the landlord is convicted of operating an HMO without a licence, the tenants can also apply to a tribunal for a rent repayment order for any money they may have paid in rent whilst the offence was being committed.

For further information about HMO licensing, phone our Housing Needs department on 01386 565356 or visit our Houses in Multiple Occupation web page.

Village Halls - Temporary Event Notice Limits

Minister of State for Culture, Media and Sport (Shaun Woodward):

I am pleased to inform the House that I have carefully considered the responses to the public consultation which took place between 9 August and 5 October 2005 about the temporary event notice regulations made under the Licensing Act 2003. I have also taken into account the Second Stage Research paper on village halls and licensing published on 28 June by Action with Communities in Rural England.

I have concluded that there is no consensus in favour of a further increase of the temporary event notice limits in respect of village halls or similar community premises. In particular, I have noted that residents’ associations and local authorities are generally opposed to any further relaxation of these arrangements. The Secretary of State does not therefore plan to change the relevant regulations in the immediate future. For the time being, the limits will remain those approved by Parliament prior to the 2003 Act receiving Royal Assent.

I have also considered the question, raised in response to the consultation, of whether it should be made easier for temporary event notices to be given in bulk, for example, at the start of the calendar year. I have concluded that it would not be appropriate to encourage bulk applications. Temporary event notices may only be subject to challenge by the police on crime prevention grounds. If applications were to be made in bulk in January, the police would have to decide then that they had no objection to a whole series of events stretching many months into the future. If the second or third event resulted in disorder, the police would have lost their right to intervene to stop the fourth and subsequent events from taking place. Against the background of an already liberal regime, I do not consider that it would be right to promote bulk applications.

However, I have also noted carefully what has been said by respondents to the consultation and other correspondents about the perceived burden of having to specify a designated premises supervisor on a premises licence granted under the 2003 Act. This individual is required to hold a personal licence. It has been suggested that this is particularly difficult for volunteers involved in village hall and community work. Removing the requirement to specify a designated premises supervisor would require changes to primary legislation. With the approval of Parliament, appropriates change might be made to the primary legislation using a regulatory reform order to be made in due course under the terms of the Legislative and Regulatory Reform Bill which is currently being scrutinised by the House of Lords.

After careful consideration, I am prepared to consider bringing forward such a proposal for Parliamentary consideration subject to the outcome of the public consultation that would form part of regulatory reform order procedures. In anticipation of that public consultation, the Government is not able to give a guarantee now that we would proceed by laying such an order. A great deal will depend on the nature of the responses received.

I expect the Independent Fees Review Panel, which is currently considering a broad range of issues relating to the Licensing Act 2003, to make recommendations in its final Report in November this year which may relate to village halls and similar community premises. I intend to consider any such recommendations with an entirely open mind and if appropriate, would consider expanding the scope of any regulatory reform order that might be proposed.

Revised Guidance issued under section 182 of the Licensing Act 2003 and Guidance to Police Officers on the Operation of Closure Powers in Part 8 of the Licensing Act 2003

A revised version of the Guidance to licensing authorities on the discharge of their functions under the Licensing Act 2003 was laid before Parliament and came into force on 22 June 2006. This also includes guidance to police officers on using expanded closure powers in the Act to deal with disorder or noise nuisance problems on premises.

Trading Standards Partnership

We are proud to be working in partnership with Worcestershire County Council Trading Standards Service, in their role as a responsible body focussing on the prevention of underage sales. The Service has a statutory duty to enforce these provisions (section 146 et al,) and works closely with the Police and the District Councils to achieve the 4 licensing objectives. Everyone will be aware of the social problems that can be caused when groups of young people obtain alcohol illegally, and it is in all of our interests to prevent this.

The service is particularly interested in promoting the Challenge 21 protocol to help to prevent alcohol getting into the wrong hands. During the next 12 months we a Responsible Retailer Scheme is being launched where Trading Standards will be asking retailers to include Challenge 21 in their normal operating processes, along with some other procedures, and they will provide some training to staff, particularly in smaller outlets, to help with this process. They will be contacting proprietors once the scheme is ready to proceed.

Visit the Trading Standards Service web site for information useful to businesses:

The Animal Welfare Bill

The Animal Welfare Bill was introduced into the House of Lords in March. It marks a milestone in animal welfare legislation. It brings together and modernises welfare legislation relating to farmed and non-farmed animals, some of which dates from 1911. Among other things it introduces a duty on owners and keepers of all vertebrate animals - not just farmed animals - to ensure the welfare of animals in their care. It will mean that, where necessary, those responsible for the enforcement of welfare laws can take action if an owner is not taking all reasonable steps to ensure the welfare of their animal, even if it is not currently suffering.

Key elements

The Animal Welfare Bill will be the most significant animal welfare legislation for nearly a century. It will:

1. ·reduce animal suffering by enabling preventive action to be taken before suffering occurs
2. ·place on people who are responsible for domestic and companion animals a duty requiring them to do all that is reasonable to ensure the welfare of their animals
3. ·extend the existing power to make secondary legislation to promote the welfare of farmed animals to non-farmed animals, bringing legislation for non-farmed animals in line with that for farmed animals
4. ·deter persistent offenders by strengthening penalties and eliminating many loopholes in the current system. For example, those causing unnecessary suffering to an animal will face up to 51 weeks in prison, a fine of up to £20,000, or both
5. ·simplify the legislation for enforcers and animal keepers by consolidating over 20 pieces of legislation into one
6. ·extend to companion animals welfare codes agreed by Parliament, a mechanism currently used to provide guidance on welfare standards for farmed animals
7. ·strengthen and amend current offences related to animal fighting
8. ·increase the effectiveness of law enforcement for animal welfare offences
9. ·increase from 12 to 16 the minimum age at which a child may buy an animal, and prohibit the giving of pets as prizes to unaccompanied children under the age of 16
10. ·ban mutilations of animals, with certain specified exemptions

We are not responsible for all of these issues: there are a series of questions and answers on the DEFRA website

UK Duty Stamps Scheme

Have you registered yet?

If your business produces, stores or supplies alcoholic spirits for the UK market, you will need to know about this new measure.  More information si available from HM Customs website.