Island Life Magazine Ltd August/September 2013 | Page 144

Legal Issues with Roach Pittis Solicitors By Lee Peckham Alcohol and entertainment licensing The Police Reform and Social Responsibility Act 2011 brought substantial amendments to Licensing Law and reform of the Licensing Act 2003. There were fears that several of the changes would lead to flood gates of objections to licence applications, but this has not necessarily been the case in practise. The two changes which were the principal basis for the “flood gates” argument are: • The removal of the vicinity test: the 2011 Act removed both the terms ‘interested parties’ and ‘vicinity of the premises’ from the 2003 Licensing Act. In theory therefore, a person in Liverpool can now object to an application for a Premises Licence in the Isle of Wight. • The lowering of the evidential threshold: Licensing Authorities can now attach conditions to a licence that are “appropriate” as opposed to the higher evidential threshold of ‘necessary’. On the face of it this gives the Licensing Authority far greater discretion when deciding whether to impose conditions, which may have the potential to severely restrict the activities of the business concerned. The reality of the situation however is that any objection to the licence application must be appropriate for the promotion of the four licensing objectives (which are: prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm) and they cannot be frivolous or vexatious. As a result of these inbuilt protections, it is our experience that 144 www.visitislandlife.com the effect of the changes to the law has not been as significant upon licensing practice as was predicted. If you find yourself requiring any advice relating to licensing, whether ranging from alcohol and entertainment licensing to taxi or firearms, our specialist department at Roach Pittis will be pleased to discuss your matter with you. Email [email protected] Visit www.roachpittis.co.uk/licensing https://en-gb.facebook.com/roach. pittis http://twitter.com/RoachPittis Roach Pittis Solicitors 60-66 Lugley Street, Newport PO30 5EU 01983 524431 Email: [email protected] www.roachpittis.co.uk