Supplementary memorandum by the Magistrates'
Association, Judicial Policy & Practice Committee (RL 15(a))
LETTER TO JAMES PURNELL MP, DCMS DATED 3
JUNE 2005
LICENSING ACT
2003: SECOND APPOINTED
DAY
The Magistrates' Association and the Justices'
Clerks' Society have worked together very effectively over the
forthcoming transfer of licensing to Local Authorities, and are
anxious to ensure a smooth transition.
One area of concern at present relates to the
timing of the order for the second appointed day. We understand
that at present there are no plans to change the proposed November
handover, but there are many rumours circulating about possible
delays emanating in many quarters from local authorities who are
concerned at their ability to cope with the number of applications
within the transitional period.
We understand that to date only 5% of all potential
applicants have applied for conversion, with less than three months
to go to 6 August when the ability to retain grandfather rights
is lost.
An early announcement confirming the second
appointed day is vital if all parties involved in licensing are
able to plan effectively.
If there is to be any delay, then magistrates
may be prepared to continue with their present jurisdiction, but
any slippage into 2006 will require benches when they hold their
Annual General Meetings, to elect a licensing committee. If these
elections are not held, then there is no proper body left to conduct
licensing hearings.
A further cause for concern, given the low number
of 2003 Act applications, is the possible rush of appeal hearings
in the autumn of 2005 and the courts' capacity to hear these promptly.
We have mixed feelings about whether a delay in the second appointed
day is an appropriate way to deal with such potential difficulties
but would be happy to discuss the issues with you.
Neither the Association or Society wish to appear
to be negative with licensing reform but we do wish to ensure
a smooth transition and would ask for the earliest indication,
certainly no later than 1 July, as to the date for the second
appointed day. This notice is required to ensure that planning
can take place, either to consider how to deal with a potentially
large number of appeals between now and November, or to persuade
our colleagues on licensing committees to continue their work
into 2006.
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