Welcome to the latest newsletter from the Westminster Licensees Association - providing a round up of the latest news, the top issues affecting trade in Westminster and the vital information you need to run your business effectively. We have also been active on your behalf and once again have a number of lobbying successes to report.
Much of this issue is dominated by the ongoing deliberations at a local level over licensing reform, with stories on:
Up to date information on the Act and advice on next steps
Other stories include information on congestion charging and car parking proposals.
The best information available to us suggests that the start of the transitional regime will now not take place until early May 2004. This is the first date from which you can apply to convert your existing licences. The new licences will not take effect until around nine months later ie Feb/March 2005.
To help members begin the process of considering how the Act will affect them and the strategy they wish to adopt, we have produced a guide to the Act in conjunction with the Association of Licensed Multiple Retailers. It is the best introduction to the Act currently available and a useful reference document. We hope it will be helpful.
We have also devised a basic 4 point plan to help members prepare. Full details are available on our website.
Westminster's existing licensing policy is restrictive and prohibitive and much of its current provisions would not be allowed to be carried over. For example, the Council cannot impose blanket conditions, standard terminal hours or a zoning approach. All cases must be considered on their merits. However, the Council may adopt a special saturation policy of refusing all new applications in a particular area if it receives evidence that that area is saturated.
The ban on blanket conditions will only apply to new licence applications, however. Licensees converting their existing licences are likely to see exactly the same terms and conditions applied to their new licence. The translation of existing conditions into new ones is at the discretion of the Council and it is not clear how this will be effected. It is likely to mean, however, that licensees will be forced to apply to vary their licence if they wish to remove any of the Rules of Management or the ancillary restrictions on supper hours and special hours certificates. We are in discussions with the Council and will keep members advised.
The WLA has had an early meeting with the new Cabinet Member for Licensing, Audrey Lewis and has a meeting planned with the new team handling licensing at the Council to discuss how the consultation process on the draft policy will be handled. Licensees should expect to receive a letter inviting them to comment in the next couple of months and the WLA website will provide information and assistance in drafting a response. It is vital that as many licensees as possible get involved in this consultation process to ensure that the policy we have on the ground is workable.
The findings blow a hole in the Council's claim that the new Act will result in 24 hour drinking throughout the West End. In fact less than a third of operators would be looking for any change at all, with the majority of those seeking a change being pubs and bars without a PEL. Those who would be looking for a change in hours were only looking to extend them by an hour on selected nights of the week.
We are using the results to influence the Council's thinking and planning for the introduction of the new regime to ensure that resources are prioritised in processing the applications for minor variations. With such applications deemed refused if not granted within 3 months it is vital that WCC handles them appropriately.
Many thanks to all who completed the survey - the views were vital to the WLA having an authoritative input into developing policy. The survey will remain on our website and members can continue to fill it in and return it to us for the next month.
Many operators are unaware that the existing licensing regime will continue right up until March 2005 and that they will need to continue to renew their annual PEL to continue trading until that date. In fact, if they fail to do so, they will not be able to convert their grandfather rights under the new regime. With WCC increasing fees by 20% this year, this is a matter of considerable concern and we have been pressing Ministers to restrict the level of fee increases and provide confirmation of whether licences may be applied for on a pro rata basis if renewal falls part way through the transitional period.
We now understand from officials that all liquor licences will also need to be renewed. The February 2004 Brewster Sessions were to have been rolled over, but we understand that this now may no longer be the case as a result of concerns about rogue operators. This will cost the industry millions of pounds in administration and licensing fees and we have written to the Minister to protest a the proposals, arguing that measures can be taken against rogue operators now.
We are also urgently pressing for clarification about the status of an operator wishing to convert his grandfather rights if an application to renew a PEL or a liquor licence has not been resolved by the first appointed day. With WCC's abysmal record in processing applications this is a matter of some concern.
Check our website for the latest up to date information.
The WLA held an urgent meeting with Councillor Barrow to discuss the proposals and express our concerns. We subsequently gathered together a coalition of interest groups to lobby the Council. As a result of this, the proposals appear to have been dropped although we will be vigilant to ensure that they do not reappear on the Council's agenda.
The WLA has joined forces with WCC to lobby the Greater London Authority over the impact of the congestion charge on businesses in central London. Although difficult to quantify and isolate from other issues, it is clear that the congestion charge has had an effect with increased delivery costs, no reduction in journey times and fewer visitors to the Capital. Members who have particular concerns or evidence in this area should contact kate@nlcommunications.co.uk
Finally, membership continues to go from strength to strength with several new members joining since the Annual General Meeting in July this year. We currently represent a third of all licensed premises in Westminster, but our effectiveness with politicians depends on us being truly representative. If you know someone who could benefit from membership please forward this e-mail to them or contact kate@nlcommunications.co.uk. Membership costs just £100 per outlet per year.