‘Red tape’ around Licensing Act 2003 being scrutinised to boost business

On April 4th, the Government announced that a task force has been organised to look at slashing ‘Red Tape’ around The Licensing Act 2003, in a bid to give pubs, restaurants and bars, amongst other businesses, a much-needed boost across the capital.

Part of this is the news that the Mayor of London will be given new powers to review blocked licensing applications. Should this new pilot scheme work across London, it could be rolled across England and Wales.

And in a second announcement for the hospitality sector, two of the Mayor of London’s key deputies – Howard Dawber and Justine Simons — have written to London councils asking them to support ‘popular and exciting’ ideas like alfresco dining and late-night openings during the spring and summer. Alfresco dining and the use of outdoor spaces were a lifeline for 1000s of hospitality businesses during the pandemic, and given the concerns about the economy and the threat that hospitality faces, many are asking that legislation make using such spaces a little easier.

Importantly, the recent letter tells boroughs that they should not wait for the outcome of a pilot scheme that will give the Mayor of London the ability to override licensing decisions made by individual boroughs on anything from opening hours to alcohol sales.

Late nights in London

Late night openings in London have been a point of discussion and disappointment recently, with the news that the proposed Blue Note Jazz Club in Westminster was granted a premises licence allowing for trade till 11:30pm only, when the Club had originally applied to Westminster City Council to remain open until 1am.

Suraj Desor, Associate Licensing Solicitor at Poppleston Allen comments: “On the face of it, the government intention appears positive, seeking to steer licensing decisions towards more positive outcomes for incoming and existing operators in the hospitality sector in London and other parts of the country’s key nightlife areas. This would be a helpful step to re-balance what many operators and their licensing practitioners have felt is an overly cautious, restrictive, and anti—business approach to licensing decision-making within London Councils and many other areas across the country.

This could be a welcome move in the right direction to help bolster and drive growth within the sector during what has been a challenging number of years for the hospitality industry both in the capital and beyond, with these businesses now also having to contend with rising wages, national insurance contributions and business rates.

However, for now, this is all talk (albeit positive) and no formal action from the government. And were such powers to materialise, how it would work in practice, the scope of such powers (would they be limited to overturning negative decision-making or could they, in theory, also apply to overturning positive licensing decisions (such as on the back of local resident concerns)) we will have to wait and see.”

For further information on this, contact Carl Weston, Head of Marketing and Business Development.