Licensing Act 2003

Havant Borough Councils Plans and the ERA’s view

Chris Curry

Under the Licensing Act 2003, Havant Borough Council (HBC) becomes the Licensing Authority from 7 February 2005, superseding the present system, which split licensing between the magistrates for alcohol and local authorities for music and other entertainment. Now all licenses will be under the local authority.
The act has the objective of:
1.    preventing crime and disorder
2.    preserving public Safety
3.    preventing of public nuisance
4.    protecting of children from harm.
The Draft Statement of Policy can be obtained from the Licensing Team at HBC, or seen on the HBC website
ERA’s viewpoint
After reading all 64 pages of this document, we have some concerns and would welcome the views of local people. Our principal points are:
·    We welcome the opportunity to comment to the Licensing Team about licenses. This opportunity is available to many interested parties.
·    We would like to have notice of upcoming license applications and renewals so that we can make comments in good time.
·    We do not want the new regulations to become an unnecessary burden on local people or businesses thereby endangering their viability with time consuming or expensive activities bringing little benefit to them or the residents of Emsworth.
The ERA would like to comment on licenses related to Emsworth because:
The licensing system is intended to grant licenses not just for a single event or business but to assess the cumulative effect of another pub, restaurant, etc. in a specific area. The effect of large groups of people or possible disorder and similar issues will be especially considered.
HBC say that they will use a number of powers to control anti-social behaviour after leaving licensed premises, for example, planning controls, local by-laws related to drinking in public, and police powers to close licensed premises or events immediately.
Hours and the potential for increasing them or reducing them may be a matter of local concern.
Why are the ERA concerned about the burden of regulations on local people and businesses?
In Emsworth, we enjoy a range of activities, which will be covered by this licensing system. The ERA is concerned that the requirements for obtaining licenses will become over bureaucratic. Some examples of the requirements are below.
There must be a statement that shows how the licence holder will comply with the Council’s statement of licensing policy and how the four licensing objectives will be promoted.
Licence holders can volunteer any measure they take to advance the 4 objectives of licensing policy and include them in the list of licensing objectives. They then become enforceable in law and a breach can give rise to prosecution.
A detailed floor plan must be provided showing the floor layout, safety features, position of CCTV cameras, the location of the gas main and water valves, etc. This is not for a planning application, but for the licence.    
You will be pleased to hear that HBC say that they will strive to ensure that licensing arrangements for voluntary groups, schools, charities etc. will be user friendly.