LONDON BOROUGH OF CAMDEN LICENSING EMBRACES TECHNOLOGY
Many local authorities already allow pub, restaurant and other licensed business owners to apply online for licences. Now Camden Council have taken this a step further and have stopped sending consultation letters out to residents who live near to premises whichnis the subject of a licensing application. Is this a good thing or a bad thing?
Music to my Ears – Playing Music in the Workplace
Confused about what type of licence you need to play music in your shop, office, factory or other work place, not to mention restaurants and bars? You’re not alone. Here, we explain when it is necessary to obtain (and pay for) a licence from the Performing Rights Society (PRS for Music) and Phonographic Performance Limited (PPL).
Many bars, restaurants and retail stores play recorded music as part of the theme of the premises or as an attempt to create a specific atmosphere and ambience for their customers. Some offices and many factories and workshops, allow the use of radios or background music for their staff to listen to while they work.
Every local authority has a licensing policy which sets out the manner in which licensing applications for the sale and supply of alcohol, the provision of regulated entertainment and the provision of late night refreshment are considered. Whilst this policy must be reviewed every three years, each local authority is also required to keep its policy under review within this period and make such revisions, as it considers appropriate.
The current policies will be revised to reflect changing circumstances and any relevant concerns and comments received. The new policies will continue to focus upon promoting the four statutory Licensing Objectives:
Theresa May, the Home Secretary has published a consultation paper today entitled, “Rebalancing the Licensing Act.” The consultation paper starts positvely, acknowledging licensed premises working with the police to reduce alcohol related harm and mentioning the acheivements of Business Improvement Districts and Best Bar None, but it then goes on to make suggestions for improving the licensing system, which will make most licensees’ toes curl.
The Licensing Act 2003 was consulted upon and took around five years to come into force. For this latest consultation, the response deadline is 8th September 2010 and the intention appears to be to legislate as soon as possible using the Police Reform & Social Responsibility Bill, which will be produced later this year.
New rules come in today requiring that all new door staff at bars and clubs must learn how to safely restrain and remove customers who have had one too many and are violent and drunk. For all existing door staff – no training is required. However, this too is coming under scrutiny and before long we could see such training becoming compulsory for all bouncers.
The mandatory training has been introduced after a number of high profile deaths and injuries in bars and nightclubs.
The Conservatives have promised to “overhaul” the Licensing Act, based on their belief that the relaxation of the laws has been a failure. Before the election, the Tories said that they planned to give councils the power to charge more for late-night licences to pay for extra policing, and also to give the authorities ‘much stronger powers’. |
… Or at least for Early Morning Drinking as the Crime & Security Act 2010 receives the Royal AssentWith the general election looming, the subject of 24 hour drinking is high on the agenda, but the truth is, 24 hour Licences have always been a bit of a myth. Very few establishments have them, and of those that do, few use them to open all hours.
Despite the lack of 24 hour drinking, many bars and clubs open later than they used to. Last year, there were 973,000 reported violent attacks where the offender was under the influence of alcohol - almost half of all violent incidents. Police have warned that their resources have been stretched to breaking point dealing with fights in the early hours.
When a Licensing Authority believes that the cumulative impact of the concentration of licensed premises in an area is adversely affecting the promotion of any of the 4 Licensing Objectives (prevention of crime and disorder, public nuisance, public safety and protection of children from harm) it can consider any relevant representations from either a ‘responsible authority’ (e.g. the police or noise nuisance) or ‘an interested party’ (usually a local resident living nearby to the premises in question). The objection will usually state that the cumulative impact of new licences is leading to an area becoming saturated with premises of a particular type, making it a focal point and creating exceptional problems of disorder and nuisance over and above the impact from the individual premises themselves. In such cases the issue of cumulative impact can be taken into account when considering the individual merits of any application.
Any pub, club, cafe, restaurant or hotel, which plays recorded music or music videos in their venue, infringes copyright unless appropriately licensed by Phonographic Performance Ltd (known as PPL).
In 2005 – 2006 the licensed trade was hit by a massive 403% increase in tariff charges made by PPL. These high charges were still being faced by the beleaguered sector more than 4 years later. There was some good news last week, however, when a long-running dispute, concluded in favour of the licensed trade. This will mean that the PPL now have to pay back part of those charges dating back to 2005, which were deemed unfair by a case brought to the Copyright Tribunal. At the same time the British retail sector will also benefit from the refunds for music played in shops and stores.
The Westminster Arms
Today the Government revealed a new mandatory code for drinks promotions.
The final conditions announced today will form the new mandatory alcohol code. The code is aimed at irresponsible promotions in pubs, clubs and off licences that could lead to alcohol related crime and disorder.
Amongst the conditions for alcohol retailers are a ban on irresponsible promotions including “all you can drink for £10″ deals plus a compulsory requirement to check under 18s for ID.
Breaches of the code could result in a range of sanctions including a review of their licence or on summary conviction a maximum £20,000 fine and/or six months imprisonment.
