Licensing - Our service
We provide legal advice and assistance on all licensing matters, spanning commercial and property transactions, liquor, betting, gaming, public entertainment and late night licenses. Our client portfolio includes leading bars, pubs and nightclubs, as well as petrol station convenience shops and off-license retailers.
- Advice on specific licensing issues and guidance on the solutions available
- Applications to local authorities on behalf of clients. For example, this includes applications for your personal and premises licence, for the transfer of premises licenses or for changes to your licensing activities
- Representation of clients before both the Licensing Committee and at Magistrates Court.
Licensing - Our Team
Over recent years, Walker & Co. has become one of the Midland's leading law firms in the area of licensing, with services provided by a highly skilled team. This is made up of John Walker (senior partner/solicitor), Nigel Ford (partner/solicitor) and Susan McFadyen (legal secretary).
John Walker has over 15 years' experience in licensing law, advising both Licensing Committees around the West Midlands and parties involved in complex applications. This includes betting and gaming (Casino) applications - under both old and new regimes - before Magistrate Courts across the country, the London Gaming Board and licensing committees.
Nigel Ford has over 10 years experience dealing with contested applications and appeals regarding taxi licences before local authority committees and Crown Court.
The Licensing Act 2003
The Licensing Act 2003 ('the Act') has introduced major developments in the laws governing licensing in the UK. Tessa Jowell, former Secretary of State for Culture, Media and Sport said this legislation is designed to ‘end existing outdated licensing regimes' and to enable licensable activities to be 'carried on in a modem, vibrant society that deserves a more responsive and flexible system'.
Key changes brought about by the Act:
- The role of the licensing justices has been transferred to local authorities, which means they are now responsible for the licensing and regulation of all forms of entertainment (including the sale and supply of alcohol) but excluding those forms regarding gaming. All applications for a licence therefore are made to the relevant local authority.
- In order to sell alcohol on premises you will need a premises licence and a ‘designated premises supervisor' who must hold a personal licence.
-
Activities requiring a license include but are not limited to:
- Sale by retail of alcohol
- The supply of alcohol to member of a club
- Provision of regulated entertainment to include- playing of recorded music
- performance of live music, dance, plays; showing of a film: entertainment facilities provided to members of the public or to members of a club with a view to profit; showing of a film
- indoor sporting events
- boxing and wrestling
- provision of late night refreshment
- The people and institutions able to challenge the application of a licence include any 'interested parties' or 'responsible authorities'.
An interested party is defined in the Act as:
- A person living in the vicinity of the premises
- A body representing persons who live in that vicinity
- A person involved in business in the vicinity
- A body representing persons involved in such businesses A responsible authority includes:
- The police
- Fire Authority
- Local Planning Authority
- Social Services
- Environmental Health
- Enforcing Authority for health and safety
- The licensing Authority itself - Any of the above may oppose the application of a licence but it must be a 'relevant representation'.
Clearly, this is an extremely interesting time for anyone involved in licensing law and only time will tell as to how successful this new regime will be.