Welcome to the July 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.

More information on these and other topics is available on our website www.westminsterlicensees.org. The next edition of the newsletter will be dedicated to an update on licensing, with advice on TENs, private entertainment and top tips for operators and managers.

Inspection and enforcement - know the score: how will the new licensing regime be policed and enforced? How will you be judged at inspection? What are the pitfalls and potential difficulties ahead? How can you make sure you are best placed to avoid costly mistakes? How do you protect your business

Get all the answers that the WLA members' event on Wednesday 26th July from 3-5pm at the Hercules Pillars, 18 Great Queen Street, WC2. Inspector Duncan Slade of the Metropolitan Police and Kevin Mason of Westminster City Council - who head up the inspection and enforcement teams - will give a key note address on the approach they will be taking and what licensees should expect. Our legal and political experts will be on hand to guide you through on the steps you should take to prepare for inspections.

Licensing - new Government Guidance: The Government recently issued new guidance to local authorities which change the way in which licensing law will be applied on the ground. Most of the changes are simple clarifications of the law, but there are several which will have a practical impact on operators. We summarise the main changes you need to be aware of below:

DPS on site: the Government has now categorically stated that a personal licence holder does not need to be on site at all times. It has also confirmed that an individual may be DPS for more than one site. Some police officers have been questioning this and new guidance should be referred to if this is raised during an inspection.

Authorisation of sales: all sales of alcohol have to be authorised as they did under the old licensing regime. The Government has now spelt out how this is to be achieved, but again has confirmed that a personal licence holder need neither be present nor directly supervise the sale. We have produced a detailed guide on how to ensure you stay the right side of the law and demonstrate due diligence

TENs: Read our briefing note for a definitive guide to TENs - advice which the Government has confirmed. Several members have reported receiving letters from the police suggesting that they will object as standard to TEN applications. If you receive such a letter contact the police to discuss it - objections must be specific and relevant to the event. It is also worth remembering that the police only have 48 hours to object - submit applications on Friday afternoons!

Reviews: under the new regime, the police, fire and other authorities as well as local residents can call for a review of a licence following problems at the premises. Previously, they had all been limited to one such request a year, but the changes to the Guidance make clear that this does not apply to the police and other authorities. This is extremely worrying and operators should read our advice note to ensure that they and their staff are aware of the serious implications of review proceedings.

New Application Requirements: changes have been made to the application process for new premises licence or major variations. These are generally positive - a 'slip rule' to allow licensing authorities to correct minor factual errors without sending forms back, no requirement for plans to be professionally drawn and adverts of applications to be A4 not A3. However, Guidance now encourages licensing authorities to conduct "random and unannounced visits" to check that these adverts are being displayed - you have been warned!

 

Kate Nicholls
23 Beaconsfield Road
London W5 5JE
tel 07958 796 238