The House of Lords select committee is holding an inquiry into the Licensing Act 2003. The BBPA has submitted written evidence and the key points in the response include:
Our primary issue regarding the Licensing Act 2003 is to highlight to the committee the sheer number of changes, additions and amendments to the Act, since its introduction in November 2005.
We calculate there have been at least 23 significant legislative changes to the licensing regime since 2005 (see full list at Annex A) via both primary and secondary legislation, which in our view has not helped the system ‘bed in’ and has led to a lack of clarity for both operators of licensed premises and enforcement agencies and added additional cost to business.
We would urge the committee to recommend a moratorium on further legislative changes to the licensing system during the current Parliament.
We also believe there are a number of areas whereby both the regulations and enforcement practice can be simplified to the benefit of businesses (and in many cases licensing authorities).
Areas that should be considered for deregulation or improved guidance include local newspaper advertising, inconsistent licensing enforcement decisions, unnecessary or unenforceable conditions, antiquated payment processes for fees and increased flexibility on payment dates for fees.
Despite a number of deregulation drives from various governments since 2005, a number of unnecessary and costly processes in licensing law have yet to be removed or simplified.
Partnership working between all parties in the licensing regime, via schemes such as Pubwatch etc., is the most effective way of dealing with issues and promoting good practice.
Brigid Simmonds will be giving oral evidence to the committee on 18 October.