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What's New in Licensing?

Here are the latest news releases from the Licensing Team:

Game Dealers - Changes to Game Licensing for taking or selling game and venison

We haveupdated our information for game dealers.  Please visit our Game Dealers page for more information.

BERR peddles new research

Local authorities have the power to control street traders within their area, but an historic exemption granted to pedlars often means that itinerant traders drive a coach and horses through them, to the consternation and often considerable cost to local communities.

Following a slew of private Acts of parliament promoted by local authorities giving them more power to deal with pedlars – including a power to confiscate their goods - MP Brian Iddon has presented a Bill to give national effect to the reforms. Whilst it is expected to have its second reading on 17 October, its chances of succeeding without government backing are limited.

Now, ministers in the Department for Business, Enterprise and Regulatory Reform have commissioned St Chad’s College at the University of Durham to conduct some research into the law surrounding street traders and pedlars, to be completed by the autumn.

Researchers are expected to contact all local and trading standards authorities in England, Wales and Scotland; street trader and pedlar representatives; the police (particularly to establish the numbers involved and identify issues with enforcement); and gathering statistics such as the numbers of prosecutions and costs entailed.

Pedlars require a certificate under the Pedlars Act 1871 from the police station for the area in which they are ordinarily resident in order to sell door-to-door and in the street anywhere in the UK, providing they do not sell from a stall or other fixed location. The legislation was originally designed to offer an opportunity for soldiers returning from the Napoleonic wars to earn a living, and is today still linked to economic migrants.

Caravan Sites & Control of Development Act 1960 - Model Standards for Caravan Sites in England

Government has today issued revised Model Standards for residential caravan sites. The new Model Standards update those issued in 1989 and reflect changes in legal requirements, most notably in relation to fire safety.

The Model Standards represent what is normally to be expected as a matter of good practice on caravan sites (except holiday sites), and can be read here  (611.47 KB)

Fees for Licences and Registrations 2008-9

From 01 April 2008 there will be some changes to our fees for licences and registrations.  Our new fees leaflet for 2008-9  (22.64 KB) gives details of charges from that date.

2008 Street Collection Permits

Street Collection Permits for 2008 have now been set.  Full lists of permits issued for each of the three towns and the village of Broadway can be viewed via our Street Collections page.

Noise at Work - New Responsibilites for Licensed Premises

From 6th April 2008 licensees will need to comply with The Control of Noise At Work Regulations 2005, which aim to protect workers from the effects of excessive noise. Other industry sectors have had to comply with the Regulations since April 2006, but all workplaces where live or recorded music is played in restaurants, bars, nightclubs etc were granted a two year transitional period; in recognition that the music in these venues is deliberately created for enjoyment and therefore different to other sectors. This "honeymoon period" for the licensed trade, however, is nearly over!

From April 2008 therefore, employers and employees working in pubs and clubs will have new responsibilities to protect the hearing of all employees, including bar staff, performers and crew, including guest performers.

Measures that may need to be taken include noise risk assessments, certain steps to reduce people's exposure to noise; acoustic controls; reducing the time employees spend in noisy areas; pointing the sound to where it is needed (e.g. the dance floor as opposed to the bar); volume control; training; hearing protection and health checks.
The primary responsibility for complying with the Noise Regulations rests with the employer. This doesn't necessarily mean only the publican or the night club owner - for example, event organisers or concert promoters may also share responsibility on a particular night at the premises. The duties revolve around so-called 'exposure action levels', the lower of which is an average of 80dBA, otherwise described as 'intrusive noise but normal conversation is possible.' So it's not just rock concerts that will need a risk assessment!

In summary, as an employer in the licensed trade, you will need to assess the risks to employees from noise at work; take action to reduce the noise that produces those risks; make sure the legal limits on noise exposure are not exceeded, and where necessary provide hearing protection if you can't reduce the noise by using other methods.

Noise exposure is a highly technical area. If you are concerned about the effect of the new Regulations on your business, then the government's Working Group on the Music and Entertainment sector has a useful website at www.soundadvice.info

The Licensing Act review offers more of the same, says the Institute of Licensing

The Licensing Act review offers more of the same, says the Institute of Licensing, in its comment this week on the government's proposals.

Many of the initiatives that have been announced amount to formalising the practise of many licensing authorities already, whilst risking penalising licensed premises that are sensibly run.

Of particular note, says the licensing practitioners' organisation, is the call for the wholesale withdrawal of licences in areas blighted by crime and disorder. The Licensing Act 2003 speaks loudly of the need for working in partnership and in consensus with all relevant parties, but this proposal seems to be an attempt to buttress the ill-fated alcohol disorder zone provisions which no licensing authority seems to want to consider.

Although communication and information-sharing is important, the Institute questions the need for another toolkit to be issued by the government to local councils and the police - at least the fourth within two years. A summit for police and local authorities risks replicating existing exchange mechanisms and also, as is often the case, risks excluding crucial partners in the debate - the alcohol industry and retailers themselves.

Other proposals are encouraging. The intention to make it easier to review premises where local intelligence suggests there is a problem doesn't necessarily sound like new powers, unless it is linked to the power for licensing authorities themselves to initiate licence reviews, which the Institute has long advocated.

The Institute believes there are already powers for enforcement authorities to close premises where there is disorder, and is not convinced there is a need for more. However, a formalised system of 'improvement' and 'prohibition' notices for licence- holders, based on those used under the Health and Safety at Work Act 1974 and the Food Safety Act 1990 could be more effective.

The 'Three Strikes and You're Out' regime introduced under the Violent Crime Reduction Act 2006 has been in force for less than a year. To switch this to immediate loss of a licence for two under-age sales seems to the Institute to be draconian and should only be implemented if the other measures are clearly not shown to be working. Greater awareness of the existing legislation amongst the off-trade would be better and more productive.

Betting in Pubs and Clubs

Regardless of the size of stake or prize, commercial betting in pubs and clubs is illegal, and people involved are breaking the law. Those involved in offering illegal facilities – including publicans and Club officials - face up to 51 weeks in prison, or a £5000 fine.

The Gambling Commission has published a leaflet  (127.76 KB) which sets out the position on betting in pubs and clubs under the Gambling Act 2005.

New Statement of Licensing Act Policy Comes in to Force

Our amended Statement of Licensing Policy  (55.74 KB) has been approved by Council and comes in to force on 7 January 2008.  If you would like us to send you a copy, please contact us.

Don’t gamble on poker in your pub

From 1st September your customers can start playing poker, or any equal chance gaming, for cash in your pubs. It is important to know the limits and the conditions for playing. This article will tell you how.

Equal chance gaming is permitted in pubs and licensed premises as an exemption in the Gambling Act 2005. This means you do not have to notify anyone of the gambling. You can just play. But you must keep it within the limits. The exemption applies to equal chance gaming only, i.e. poker, bingo, or games without a banker.

The general rules are that there can be no charge for participating, nor a charge or levy or deduction from the stakes or prizes. Neither can there be linked games across premises. Under 18's cannot participate. The first limit is that the maximum amount that can be staked by a player on any game is £5.

There are no limits on the amounts that can be won (although see later, as there are limits for poker and bingo) but the games must be for 'low level' prizes. Low level is not defined. The DPS becomes the 'Gaming Supervisor' for the purposes of the legislation and is expected to take all reasonable steps to ensure that the limits are adhered to, including that the prizes are low level.

A Code of Practice applies which is extremely onerous. It defines the details on the gaming, including age checking, rules on equipment to be used, etc. The code actually recommends that cash poker is not permitted. According to the Codes the gaming supervisor must keep a record of the games played, number of players, and amount staked, to ensure that the individual and daily limits are not exceed. The supervisor must also ensure that the games are played in a 'pleasant atmosphere'. This could be interesting and is not necessarily an easy task in the heat of the moment.

There are additional limits for poker. The total aggregate amount that can be staked on poker for a single premises must not exceed £100 per day and the maximum amount that can be won on any game of poker is £100.

For bingo the maximum aggregate stakes or prizes for a single premises cannot exceed £2,000 in any week. Although you will not get your hand slapped if you do allow the stakes or prizes to go over £2,000 in a week on one occasion. Then you must inform the Gambling Commission. If you do it again you are committing an offence and you could be in for a serious fine.

Remember for both poker and bingo the £5 per game per player limit on stakes still applies.

Licensing Act Draft Policy Consultation

We are formally consulting on a replacement for our Licensing Act Policy, and would be pleased to have your comments. Our current policy has had effect since January 2005, and is intended to provide information and guidance to applicants, objectors and interested parties on the general approach that we will take in terms of licensing. For more details visit our Licensing Act Draft Policy Consultation page.

Gambling in Pubs and Clubs – Government Proposals

The new provisions that will come into force on 01 September 2007 have, for the most part, been designed to maintain the current position. This consultation paper  (253.65 KB) provides details of the new statutory regime for gaming in clubs and pubs, draws attention to any changes from the current position under the Gaming Act 1968, and sets out a series of proposals for the detailed regulations that are needed to give effect to the Act’s provisions.

New Amendments Announced

Three amendments affecting taxi licensing have been announced:

Last year, parliament passed the Road Safety Act 2006 which contained two provisions affecting hackney carriage and private hire vehicle licensing:

• a power to suspend or revoke drivers' licences with immediate effect
• the repeal of an exemption for vehicles providing services under contract for more than 7 days

The amendments have arisen because of three significant safety risks which needed to be addressed.

Suspending drivers' licences

The Local Government (Miscellaneous Provisions) Act 1976 gives licensing authorities outside of London the power to suspend, revoke or refuse to renew hackney carriage and private hire vehicle drivers' licence for a number of reasons, including convictions for certain offences or for any other reasonable cause.

A decision to suspend or revoke a licence is however held in abeyance for a period of 21 days in which the driver may appeal to a magistrates' court, and subsequently until any such appeal is disposed of.

Section 52 of the Road Safety Act will give licensing authorities a power to immediately suspend or revoke a licence where they are of the opinon - which must be recorded - that the interests of public safety require such a course of action.

Repeal of the contract exemption

Vehicles hired under contract for not less than seven days are currently exempt from the licensing regime, as are the drivers. However, ministers have recognised that this poses a 'significant' safety risk, and so have decided that from January 2008 this exemption will no longer be available.

Once section 53 of the Act comes into force next year, a large number of vehicles and drivers who were previously able to benefit from this exemption will require licensing, and licensing authorities are expecting an increase in enquiries and applications from the previously unregulated sector. Ministers are reported to be keen to see the unregulated sector to be brought within the licensing regime without delay, and for licensing authorities to encourage licensing even before section 53 comes into force.

There is however an exemption for vehicles used solely for weddings and funerals, and this will remain the case.

Sale of alcohol to children – new offence

The Violent Crime Reduction Act became law late last year, and includes provisions about alcohol disorder zones and an enhanced power of review with a specific new offence to be inserted into the Licensing Act 2003 concerning repeated underage sales. The new offence is likely to come into force in early April.

It is already an offence to sell alcohol to someone under the age of 18. Potential penalties on conviction are a fine of up to £5,000 with the actual server of alcohol likely to be dealt with by an £80 fixed penalty notice. There have been many examples of such prosecutions and the issuing of such notices during the four Alcohol Misuse Enforcement Campaigns which have taken place over the last couple of years. In some cases reviews of the Premises Licence have also followed.

The new offence involves committing three such offences within three months. Premises Licence Holders are to be targeted and there is a maximum penalty in the Magistrates’ Court of £10,000 with a potential suspension of alcohol sales for up to three months.  The difficulty for Premises Licence Holders is that the new offence appears to have no defence to it!  The current offence of selling to an underage person carries a potential due diligence defence such that if training systems are up to scratch the accused may escape conviction. Not so with the new amending provision of the Violent Crime Reduction Act. This appears to carry strict liability therefore the prosecution will simply need to establish that three such underage sales have taken place. They do not have to rely on convictions alone but may rely on cautions or indeed the issue of fixed penalty notices.

The possibility of review still remains.  Trading Standards are a responsible authority and as such are able to ask the licensing authority to review” a premises licence – after a hearing we are able to restrict or even remove a licence.  There would be nothing to prevent a review running alongside a prosecution under the new provisions.

The importance of making sure that this issue is live within all licensed premises therefore comes to the fore once again. Quality training records are a good starting point and management teams must make sure that they are constantly vigilant with regard to this issue. They must make sure that staff members are following their training and – as previously advised – it may be sensible to introduce a refusals register to enable monitoring of the training from the management’s point of view and also to provide good evidence of the fact that training is being followed in the event that there is a problem. Whilst no defence is available as a result of exercising all due diligence, such practices will provide good mitigation in the event that an operator does not wish to accept the 48 period of closure and instead take their chances in Court.

Amusement with Prizes Machines in Registered Clubs

We are NO LONGER able to grant or renew S34(1) permits to allow Amusement with Prizes” machines in registered clubs.

If clubs wish to offer amusement with prizes machines for their members, they will have to apply to the Courts for Part III registration” – which will last for up to five years.  The registration can allow high payout club” machines and / or low prize value machines (avoiding the high customs duty), as long as the club complies with the full requirements of S31 (details available on request). The low prize type of machines that are available are 5p play with £100 jackpot which has the same duty as a S34 machine or a new one with 2p play £100 jackpot which has no duty at all.  

When the Gambling Act 2005 comes in to force later this year, Clubs with Part III registrations need do nothing until their registration expires.  Clubs without part III registration may be able to apply later this year for a club gaming machines permit. They will need to meet the definition of a club i.e. not a temporary organisation, have more than 25 members and have a proper constitution and committee etc.  There will be an annual fee.

Changes to Taxi and Private Hire Vehicle Legislation

The Department of Transport has announced starting dates for the changes introduced in the Road Safety Act 2006.

In summary:

• Our new power to suspend or revoke a driver’s licence with immediate effect (Section 52) comes in to force on 16^{th March 2007.}
• The contract exemption” (which meant that chauffeur services and the like with a sole contract lasting longer than seven days did not need licences) is to be removed from January 2008.  The only remaining exemptions are for wedding and funeral cars.  All other motor vehicles constructed or adapted to seat fewer than nine passengers, other than a hackney carriage or public service vehicle… which is provided for hire with the services of a driver for the purpose of carrying passengers” will require a licence – as will the driver and the person who arranges hirings.

Please contact the licensing team if you would like to be given more detail or application forms.

Red Nose Day 2007

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.

More information about how to get involved and make sure you are collecting legally can be found on the BBC's Collecting Legally factsheet or on the Red Nose Day website.

New Hackney Carriage Stands Needed?

Council officers are looking at whether or not new hackney carriage stands are needed in the district.  Background information can be found on our Taxi Licensing page.  Please contact the Licensing Unit if you have any views.

Animal Welfare Act - Current Defra Timetable for Secondary Legislation

DEFRA has shared a current proposed timetable for implementation of the Animal Welfare Act 2006.

Regulation	Proposed Implementation
Mutilations Tail Docking Order S 104 Order Commencement/Trans Provs	April 2007
Pet Shops Pet Fairs Wild animals in circuses Cat, dog and primate codes Greyhounds	2008
Riding Estabs Livery Yards Tethering Animal Boarding Estabs Animal Sanctuaries Performing Animals	No commitment to time

The primary differences between this and the timetable published in the Regulatory Impact Assessment (March 2006) are that it was anticipated that licensing of Riding Schools, Livery Yards, Animal Boarding Establishments, Pet Shops and Pet Fairs would be brought into force first, in 2007. It should be stressed that this is the current timetable and may be subject to revisions.

Poker in Pubs

A jury at Snaresbrook Crown Court removed uncertainty about licensing of poker” played in pubs etc., by stating on 16 January that the game relies more on luck and chance than on skill.  Because it is judged a game of chance, poker played in pubs requires a licence under the 1968 Gambling Act.  The Gambling Commission provides further advice and information.