Select Committee on Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Written Evidence


Memorandum from Luminar plc and Luminar Leisure Ltd (RL 07)

  This representation is from Luminar plc and Luminar Leisure Limited. Luminar are the largest operator of late night licensed entertainment venues in England and Wales.

  Our application process has been for:
Licence conversion—operating premises 5
Licence conversion—closed premises 12
Licence conversion and variation—operating premises 220
New Premises Licence15
Personal Licences735


  Our total expenditure to complete the process for this company, including licence fees and solicitors fees will be in the region of £450,000.

  I made previous representations for the evidence sessions on—The Evening Economy and the Urban Renaissance—March 2005; this addressed the opportunities which the Licensing Act 2003 offered and those that were missed. I do not revisit those points.

  The late arrival of the Guidance Notes for the Act from the DCMS would have created difficulties for each local authority in producing their licensing policies. Our receipt of these and the even later finalisation of the forms for application did mean that the necessary preparation by this company for the conversion and variation process had to be on an emergency and priority status.

  However, our preparation was most thorough and proved most effective.

  Throughout we worked hand-in-hand with our solicitors, Poppleston Allen—a licensing specialist practise: their advice and co-operation was of the highest value.

  For each unit manager we produced an application pack (relating to hours, conditions and changes) and an easy to use—easy to prepare operating schedule pack which took account of existing licences and application conditions.

  [Our market sector is used to a high level of measures and conditions which take account of the fact our venues are often large, offer public entertainment and trade later at night. These assume customer safety and acceptable impact upon the community. As we felt this is appropriate for all such venues including those now applying for variation to their licences we included almost all of these measures and conditions in our new Operating Schedules.]

  The packs were presented to each manager at a series of workshops. Our aim was that our managers (the Designated Premises Supervisors and Personal Licence holders under the new scheme) understood the new Act fully in its entirety and the application process fully.

  We advised consultation with representative authorities and requests for variations which met realistic commercial needs whilst taking full account of the four Licensing Objectives and the potential impact upon our neighbours, businesses and residential, and the community. Each potential application was reviewed and finalised by senior management prior to submission to our solicitors.

  Our applications, taking into account "grandfather rights" were submitted on a phased basis during June/July, although inevitably there was the last week bulge.

  The benefit of the consultation was that all of our conversions proceeded without police representation and that the majority of our variations also attracted no representations or objections.

  Approximately 85 applications for variation received representations or objections. The liaison process offered in the Act were utilised fully and three quarters of these were resolved prior to any hearing.

  Our applications going to hearing were around 20: this was below our expectations. The hearings were for the most part relatively informal and constructive to all parties. I am sure that all representative bodies and objectors—often residents—felt that their views were fairly considered. We were most satisfied with our outcomes.

  Luminar has 10 minor issues outstanding (at 17 October 2005) and is confident these will all be resolved by the Second Appointed Day.


 
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