Memorandum
submitted by Steve Cox, Principal Safety & Licensing Officer, Environmental
Health & Consumer Protection, Torbay Council
I am writing to respond to the request for views on
the above enquiry. I am the principal Safety and Licensing Officer, which means
I am responsible for the team that manages the Licensing Act 2003 at Torbay
Council.
The two points where I feel I can be of assistance
are as follows
· Whether the Act has led, or looks likely to lead, to a
reduction in bureaucracy for those applying for licences under the new regime
and for those administering it;
· Whether the anticipated financial savings for relevant
industries will be realised.
To answer the first point, I feel that it has not
resulted in a reduction in bureaucracy for Torbay Council, as the number of
functions that it administers has increased. Originally it would have been
responsible for public entertainment, cinemas, theatres and late night
refreshment. These licensing functions covered a smaller range of activities,
even excluding alcohol, than is now licensed by the Act. With alcohol being
included that has resulted in significant additional work load for Torbay
Council.
I believe the alcohol licensing work has increased
overall, and now is more than originally administered by the Magistrate's Court.
In the original regime under the Licensing Act 1964, the premises and
individual were put on to one licence. Now there are two, one for the premises
i.e. premises licence and one for the individual, i.e. personal licence. In addition
to this is the requirement for a designated premises supervisor (DPS), which is
an addition to the requirements under the Licensing Act 1964. Each time the DPS
changes then another application has to be made, often at the same time as the
premises licence is transferred to a new holder.
To add to the bureaucracy is the very prescriptive
nature of the legislation, which means that the vast majority of individuals
cannot understand the application form let alone complete it accurately. This
has resulted in significant resources at Torbay Council being used to give
advice and support. In practicable terms this is done through giving advice on
the phone and at advice sessions in our reception area. It involves checking
applications before they are submitted and afterwards, as well as preparing
guidance etc on the completion of forms, which we provide on our website. This
is far above the resources we receive i.e. the application fee, which for
smaller businesses is £100.
At Torbay Council a minimum of five individual are
employed to administer the process, starting with advice and administrative
support, through the application process itself, and finally to administer
hearings etc. This excludes legal support and the time I involve myself in the
process as the team manager. In addition the Police Licensing team employs
three people whose major workload is the Licensing Act.
On the second point of financial savings, I feel I
am in a position to say that it is costing businesses a great deal more than
previously. The cost of placing an advert in the paper costs nearly £300 in Torbay. If the business employs a solicitor, then along
with the fee the cost can be as high as £800, so there is no incentive to vary
their premises licence, or if they need or want to it is a high cost. It is
important to note that a recent report it fees suggests that Licensing
Authorities are 7% short on the fees they receive against costs.
This is not to say I have any quick solutions,
though I do support the minor variation procedure, which I believe will lift a significant
burden for applicants. This will provide them with a much simpler and cheaper
option, providing they consult with the key responsible authorities beforehand,
and don't expect changes as a right. Additionally I support the changes with
respect to community centres and the ability to opt out of the requirement for
a DPS. The impact of this, however, will be small as in Torbay
this probably affects only one or two premises.
I trust you find the above views
helpful.
August 2008