Memorandum from the Redland & Cotham
Amenities Society (RL 04)
BACKGROUND AND
EXPERIENCE
1.1 This Society represents some 1,400 residents
of the Redland and Cotham areas of Bristol. These are typical
established older city residential districts, and are located
over a mile from the city centre. The main local shopping centre
includes some 25 licensed pubs, bars and restaurants, with eight
pubs elsewhere in the area. There are also many takeaways, off
licences, etc.
1.2 We closely monitored the progress of
the Licensing Act and responded fully and constructively to all
consultations, and submitted evidence to a previous ODPM Select
committee. We were and remain deeply critical of many aspects
of the Act, Guidance and Regulations and welcome the chance to
comment on the Transition Period. If not corrected the matters
we complain about will continue to prevent fair implementation
of the Act.
1.3 We have inspected all applications for
Premises Licenses involving Variations in our area and have made
representations on behalf of residents in respect of some 15,
12 of which have been determined following hearings. As a result
of publicity by this Society individual residents—up to
40 in number—have also made written Representations.
1.4 We assume that the Select Committee
seeks evidence of how well the required procedure has worked.
In our view it has been cumbersome, needlessly bureaucratic and
thus hard work for all parties. It is also unfair to residents.
In our experience it is the system designed by DCMS that is at
fault—not local implementation.
We have these specific comments and suggestions.
PUBLIC NOTIFICATION
AND PARTICIPATION
2.1 Many applications for Variation have
not attracted a single Representation from residents. This is
largely because the existing requirements for Public Notices by
the Applicant and Local Authority are completely inadequate. We
are finding that almost nobody has made representations as a result
of either the newspaper advertisement or notice in premises window.
This is because:
2.2 Press Advertisements. Very few people
read the local paper let alone study the pages of small print
official/public notices.
2.3 Premises Notices. These have to be searched
for amongst advertising, etc on windows, entrance doors and even
menu boxes. They are very easily missed. Where the windows are
set back from the pavement, eg, because of a forecourt or garden,
they are even less likely to be seen, and some people are reluctant
to approach and study them.
Possible solutions:
2.4 The Regulations should be altered to
require A3 size on a standard format headed ALTERATIONS TO LICENCE.
Also all notices to be placed where they can be read from public
highway.
2.5 Local Authority should be required to
advertise licensing applications to at least the same extent as
for planning. This would generally mean notices in on the nearest
lamp post and letters to nearby occupiers. (additional cost to
be borne by applicant.)
NOTICES
3.1 The wording of the Notices (in the paper
and on premises) is often meaningless to the general public. (See
Appendix examples A and B). As representatives of residents we
find it impossible to understand what is proposed without visiting
the Licensing Office, studying the application form and writing
an interpretation. The most intelligible part of many notices
is the threat of a £5,000 fine for giving false information.
3.2 The Act, Guidance and Regulations conflict
in their description of what is required on Notices. For example,
the Guidance requires an A3 Notice—but the Regulations say
A4. The Guidance requires better information than the Regulation,
which written subsequently. Nowhere is there a clear statement
of what is required to be included.
Possible solutions:
3.3 Regulation should be altered to require
a clear explanation of how the premises will affect the public,
so must include all activities and their hours. It should not
be necessary for us to produce an intelligible translation of what
is proposed to enable residents to decide whether to object.
TIME LIMITS
4.1 The rights of citizens have been seriously
affected by the inadequate information described above and also
by the unreasonable time limits imposed on LA during Transition.
This has prevented the impact of applications being understood
in time to make adequate representations. It has also forced LA
into hasty decisions by overworked officers and Committees.
4.2 Representation period.
This would be adequate if the Notice requirements
were tightened up and extended as suggested above.
4.3 Period for holding hearing.
This is inadequate. It makes inclusive discussions
and negotiations that might avoid a hearing almost impossible.
In no case have resident objectors been invited to participate
in pre hearing discussions that may have been held with Police
and Statutory Consultees. They are thus disadvantaged at Hearings.
4.4 Notice of Hearing.
The minimum required is 10 working days, with
notification of attendance required 5 working days before hearing.
This is completely inadequate. Because of this short period objectors
may not even receive the Notice of Hearing in time to accept—they
need only to be away for a week for this to happen. In any case,
with all hearings taking place in the day many are unable to attend
and certainly not at such short notice. The present time table
denies residents their rights.
Possible solution:
This period should be increased to at least
15 working days. Where there is significant public objection the
hearing should be in the evening. This happens with major planning
applications, in Bristol at least.
ACCESS TO
INFORMATION
5.1 There is wide variation in the amount
and ease of access to application documentation, reflecting the
will and capability of LAs to inform their citizens. Some are
exemplary, with comprehensive web sites and full information supplied
to those making representations. Others refuse to provide or even
allow copies to be taken of the application.
5.2 It is unreasonable that applications
can only be inspected at offices during weekday working hours.
5.3 We are not allowed to see representations
by Interested Parties, though Applicants are supplied with copies.
The Data Protection Act is quoted. This prejudices the ability
of residents to present a coherent case at hearings.
Possible solution:
The Guidance/Regulation should require all councils
to make all documentation relating to an application available
to citizens.
APPENDIX SEE
3.1
Examples of Notices, almost impossible for residents
to work out what is happening.
A. An additional hour every Thursday, Friday,
Saturday and Sunday. A further additional hour into the morning
following every Friday, Saturday, Sunday and Monday for each May
Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank
Holiday Weekend. A further additional hour into the morning following
every Thursday, Friday, Saturday, Sunday and Monday Morning for
the Easter Bank Holiday Weekend. A further additional hour every
Christmas Eve. A further additional hour every Boxing Day. To
reflect existing New Years/Day hours. Drinking up time: an additional
10 minutes, to allow 30 minutes drinking up time, after the last
permitted sale of alcohol. All of the above to be for the sale
of alcohol, recorded music, karaoke and live music limited to
two entertainers.
Comment—This notice assumes that the public
know what existing licensed hours are, and they do not, partly
because existing hours vary.
B. To allow accompanied children under 16
to be permitted in the bar in line with the provision of the Licensing
Act 2003. To extend the hours for the sale and supply of alcohol
and other licensable activities to Sunday (01.00 am), Monday (00.00
am) Tuesday (00.00 am), Wednesday (00.00 am), Thursday (01.00
am), Friday (01.00 am), Saturday (01.00 am). To remove the restrictions
relating to drinking up time. To allow credit sales. Removal of
certain existing conditions on the licence (s). Provision of late
night refreshment to Sunday (02.00 am), Monday (01.00), Tuesday
(01.00 am), Wednesday (01.00 am), Thursday (02.00 am), Friday
(02.00 am), Saturday (02.00 am).
Comment—Study of application form shows
additional hours at all four day public holidays plus "national
days". Also live music and dancing. No information on which
existing conditions to be removed.
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