Despite protestations from some high profile executives in the pub trade, the Licensing Act 2003 has now been given Royal Assent and will replace the current licensing system completely ­ abolishing liquor licences, Public Entertainment licences, Special Hours Certificates, Childrenıs Certificates, etc. The new Act also abolishes 11pm closing time and permits licensees to apply for the hours that best suit their establishment.

The new system is to be controlled by local councils, thereby rendering Licensing Magistrates redundant ­ and it is this new local authority control that many in the pub trade have misgivings about, as the current system is inexpensive, efficient and speedy ­ adjectives not normally associated with local authorities!

A recent article in a trade newspaper cited a city council in Yorkshire that is now charging £1 for every person permitted in a premises on a Public Entertainment Licence, which has resulted in a typical nightclub paying £4,000 pa for a PEL ! The council argued that this fee reflects administration costs.

The new Act will probably come into force in January 2005 and anyone authorising the sale of alcohol will need a Personal Licence in addition to a new Premises Licence. Fortunately, existing licensees will have ?grandfather rightsı which will allow their current permissions to transfer into the new system.

The new Premises Licence will be the same basic format for all premises serving alcohol ­ public houses, restaurants, coffee bars, nightclubs, etc. In applying for the licence the applicant will state proposed hours of opening, the type of operation and also that there will be compliance with Government licensing objectives, ie prevention of nuisance, protection of children from harm, protection of public safety and prevention of crime and disorder.

Also, licences must submit a copy of a plan of the premises ­ so it is advisable for them to make sure that they have plans drawn up in good time.

Licences can prepare for the new system by making sure that they have a copy of their current licence and any other supplementary licences, plus a personal photograph in addition to the plans mentioned above.

For further help, licences can talk to the Department of Culture, Media and Sport, which is responsible for the new licensing reform. An excellent booklet on the new Licensing Act is also available from the British Institute of Innkeeping. Also, the British Beer and Pub Association provides guidance to its members on legislative and regulatory developments in the pub industry.