Daunting Redtape Could Put Businesses At Risk Of Closure

01 June 2005

Daunting and complicated paperwork is proving a nightmare for licensees needing the new style licences to safeguard their businesses, according to David Hall head of licensing at Kent law firm Furley Page.

The 22-page application and its accompanying 33-page guidance document is proving a hill just too high to climb says Mr Hall who has spoken to a number of licensees faced with applying before the August 6 deadline.

Pubs, off-licenses, restaurants, clubs (including sports clubs), hotels and guesthouses have to apply to their local authorities for conversion or variation of their existing licenses or club registration certificates. But many are failing to do so and are not leaving enough time for local authorities to process their licenses.

He said: “If it is left to the last minute and the application is defective for any reason, it will be rejected leaving no time to correct it. The business will not be able to sell alcohol or carry on any other licensable activities in November when all existing licenses under the Licensing Act 1964 are likely to be terminated.”

Mr Hall added that in one part of Kent alone only 50 premises out of 650 have applied for licenses and only 120 applications for personal licenses have been made out of an estimated pool of 1,400 licensees.

The changes are the result of the new Licensing Act 2003 which transferred responsibility for granting licenses from Licensing Justices to local authorities. Applicants must not only seek a Premises License for their business but also ensure that they apply for a Personal License for themselves and other current licensees. If they don't do so before August 6 they will need to pass a new qualification exam and obtain a Criminal Records Bureau Certificate before selling alcohol and exercising other licensable activities.

The new licenses not only cover the sale of alcohol, they also cover public entertainments such as music and dancing, the performance of plays, the showing of films (cinemas) and indoor sporting events. The types of premises requiring licenses has also been expanded to include businesses offering food between 11pm and 5 am such as late night takeaways. Pubs and restaurants selling food to midnight or beyond must apply for variation otherwise, come November, service of food will have to cease at 11pm.

Mr Hall said: “Application forms are some 22 pages long and require considerable care to complete. Before completing the form, applicants are advised to read the particular Local Authority’s Licensing Policy Statement, which can be of some length. If applications do not follow the policy, it increases the risk of the application being rejected. As a result, a number of people have approached my firm for help with their applications.
“While completing the form to convert an existing license is relatively straightforward, it becomes more complicated if variations are required such as extending hours or allowing live music to be played, or removing a condition on the existing license.”

Variations must be advertised in the local press and on the premises and if objections are made there will be a hearing. However, if variation applications are not determined by the local authority within two months (perhaps because of a deluge of late applications) then it is deemed refused and an appeal is necessary.

He added: “The forms are daunting but time is running out; delay could risk being caught up in the flood of applications which are bound to come in at the last moment. My advice to potential applicants is act now. Look out for the forms which the council has sent you, start completing them and gather together the required information, seeking help and advice if necessary. Your business and livelihood is at risk if you don't.”

For more information contact David Hall, partner at Furley Page, specialising in licensing law: on 01227 763939 or email

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