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The Government respond to the post-legislative scrutiny of the Licensing Act 2003

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Published: 08 November 2022 on Poppleston Allen by Felix Faulkner

Since 2017, nearly 100 recommendations have been made to the Government stating the Act needs a “radical comprehensive overhaul”

Today the Government has published the long-awaited follow-up response to the House of Lords Liaison Committee publication ‘The Licensing Act 2003: post-legislative scrutiny’.

The initial report by the House of Lords was published back in April 2017 and provided over 70 recommendations to the Government which are summarised here.

Following this, in November 2017 the Government issued their response to the report, which resulted in little legislative change and a few changes to the Statutory Guidance.

Earlier this year, the House of Lords Liaison Committee’s produced a follow-up report to the responses commenting on the progress and recommending 25 additional changes

Now, the Government has issued their follow-up response.

A further news will follow shortly with more detail, but highlights include:

  • The Government acknowledge the need for coordination between Planning and Licensing but reiterate their stance that the systems are considerably more different with distinct objectives and approaches
  • The inclusion of the Agent of Change principle within section 182 Guidance
  • To set a mandatory minimum training standard for licensing committees and codify within the section 182 Guidance
  • To consult on the level of Late-Night Levy to be applied to late night refreshment premises, but to not formally consult on the impact of the current Late-Night Levy
  • To consider the findings from the Scottish minimum unit pricing evaluation and make no further comment once these are published
  • The Government are not proposing to revisit the decision made to not extend licensing to airside

A copy of the report can be found here.

For any further information or queries, please feel free to contact any of our licensing solicitors.

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