Appendix 5
Letter to the Clerk of the Deregulation and Regulatory
Reform Committee from the Magistrates Association (dated 17 September
2001)
Proposal for the Regulatory Reform (Special Occasions
Licensing) Order 2001
Thank you for your letter of 19 July inviting comment
on the above Regulatory Reform proposal, which was considered
at a meeting of the Magistrates'
Association Licensing Committee on 13 September.
The Magistrates'
Association is in support of the proposed relaxation. Most Licensing
Committees expected the Regulatory Reform Order to be in force
by now and are disappointed that once again the Order might fail.
Nevertheless many Committees have drawn up their New Year's
Eve extension policies in accordance with the Good Practice Guide
at Brewster Sessions held in February.
The Magistrates'
Association and Justices'
Clerks'
Society have recently published a joint statement suggesting that
Licensing Committees should routinely follow the Good Practice
Guide, namely an extension of hours until 12.30 am on 1st
January. The statement advises that "where
specific applications are made for longer hours, each case should
be treated on its own merits but urges justices to consider granting
such applications unless objections have been raised, or there
is a real fear of disturbance to local residents or the fear of
public disorder".
The Magistrates'
Association would be in support of the Order becoming law at a
later date and acknowledges that this would not be before early
to mid-December. Licensing justices would be willing and able
at that time to take on extra sittings if necessary to deal with
any increase in applications for restriction orders.
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