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Licensing guidance published by DCMS

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Guidance for licence holders seeking to convert an existing licence to a premises licence is now available on the Department of Culture, Media and Sport (DCMS) webpage www.culture.gov.uk.

The guidance, available in PDF or Word format, includes step-by-step instructions to assist applicants in filling in their forms.

Further guidance for other types of applications is expected shortly.

The DCMS has also produced a regular newsletter to keep businesses informed of developments throughout the implementation of the changes to the Licensing Act.

Entitled Licensing Countdown and published on a monthly basis, the newsletter provides business operators with useful information on the steps you need to take to be prepared for the new Licensing Act, including key dates to remember, answers to some important questions, and other general guidance for the businesses ahead of the changes later this year.

However, with the 6 August deadline for businesses to submit applications already looming large, for many the guidance may be too little too late.

A survey conducted by Caterer and Hotelkeeper among 80 councils in England and Wales, representing 27,000 pubs, bars, restaurants and hotels, has found that only 21.6 per cent of all licensed establishments have applied to convert or vary their existing magistrate’s licence.

Within that total only 44 per cent of hoteliers have managed to make their application so far. Similarly, 21 per cent of restaurateurs and only 16 per cent of bars and pubs have submitted the necessary paperwork to retain their existing rights.

The survey also found that 70 per cent of submitted applications had been rejected by licensing authorities owing to mistakes or missing information.

As the backlog begins to build, local authorities and applicants in England and Wales face a “summer of chaos”, according to Councillor Audrey Lewis of Westminster City Council.

At a meeting with industry associations held on June 22 attended by the deputy chief executive of the BHA, Martin Couchman, DCMS officials made it clear at that the 6 August deadline for applications protected by “grandfather rights” is unchangeable.

It looks increasingly likely that those establishments who do not apply until after 6 August will be unable to sell alcohol when the new Act takes full effect on 24 November and will be forced to reapply as a new business, potentially leaving their application open to challenges from the police or local residents.

BHA members are reminded that assistance in filling in your licensing application is still available through our patron suppliers BACI, working in conjunction with specialist licensing solicitors Hodders.

Visit the BHA website at www.bha.org.uk for further details. A link to the DCMS guidance pamphlet can also be found there.

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Guidance for licence holders seeking to convert an existing licence to a premises licence is now available on the Department of Culture, Media and Sport (DCMS) webpage www.culture.gov.uk.
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