Delegates from the global licensing world will visit Auckland, New Zealand, to consider the potential for commercialisation of innovation in fighting threats such as over-population and environmental destruction; areas that those involved in licensing will be aware are of increasing importance as there is a greater focus globally on improvements to environmental stability as a method of boosting the economy.

Those keen to ensure their place at this excellent networking opportunity can follow this link: http://www.lesi2012.org/home.aspx

Laura Mackenzie
0121 237 3959
lmackenzie@brownejacobson.com

The Bill follows extensive consultation over the summer where those involved in the industry commented upon on various different proposals. Many in the industry feel that the proposals were unnecessarily bureaucratic and would make things much more difficult for an industry that had already suffered severely during the recession.

However it appears that the Government is adamant that local communities need to have more power when it comes to licensing decisions. This view leads to (among other things) more people being given the right to object to the grant of licences; essentially anyone who the licensing authority views as competent to make a relevant representation about an application. There is no longer any restriction to living and working in the vicinity. If these proposals become law Joe Public is going to have a big stick with which he may beat the industry hard!

Posted by Nina Best, who specialises in regulatory matters; entertainment licensing; advertising and marketing law; advice and representation on infringement of Food Safety Manufacturing Product Regulations.

Nina Best
0115 976 6529
nbest@brownejacobson.com

These relatively modest proposals were introduced by the previous government. All other proposals have been put on hold by the coalition government as it considers a response to its consultation entitled ‘Rebalancing the Licensing Act’.

Under the spotlight are proposals that include giving the authorities greater powers to refuse licensing applications, charging more for late night licences, reversing the ’24 hour’ licensing laws and banning sales of alcohol below cost price by off licences.

Some have seen this as an attempt by government to ‘load the dice’ in favour of the licensing authorities – others see this as a long overdue crack down.

So is this ‘rebalancing’ for the benefit of society or is it tipping the balance towards a more authoritarian restrictive approach to the sale of alcohol in the big society?

Posted by Fiona Carter, who specialises in commercial regulation, compliance advice and investigations; is head of Browne Jacobson’s advertising and marketing team and food and drink group.

Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

Since the formation of the coalition government, the Home Office have consistently blamed lax licensing laws and in particular 24-hour drinking for Britain’s alcohol-related problems and more specifically its binge drinking culture.

However, when the Department for Culture Media and Sports last counted, there were 171,800 premises licensed to sell alcohol in England and Wales. Roughly, just 4% of these premises were licensed to sell alcohol 24 hours a day and of that 4% only 12% were pubs, bars and nightclubs. Further, in practice, very few of these actually open beyond 3am as the benefits of opening any later do not outweigh the overhead costs.

Is 24 hours licensing really to blame, when the reality is that 24 hour drinking has been nothing but a fiction since the introduction of the Licensing Act in 2005? Or is the Home Office distorting reality to make a demand by the public for more control over licensing decisions?

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

Whilst we wait to see what happens MPs north of the border have voted through the ground-breaking Alcohol Bill which could result in drink promotions banned full stop, an ability to raise the age for buying alcohol, and “social responsibility fees” for retailers who choose to sell alcohol.

Whilst it seems unfathomable that alcohol will ever stop being a big part of British culture, who could have predicted a near universal ban on smoking in public venues across the EU. When will the shackles on the sale of alcohol stop tightening? Will it stop at prominent health warnings on packaging being mandatory or will a far more draconian hand be dealt to the industry?

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com