Licensing Taskforce proposes updates to Licensing Act

The Licensing Act 2003 reaches its twentieth anniversary this year, after coming into force in 2005. Twenty years on, a government Licensing Taskforce has been established to conduct a Licensing Act review and consider possible updates to the act.

The taskforce produced ten recommendations focused on supporting business growth, improving proportionality and transparency, safeguarding the licensing objectives, and enhancing the licensing regime for the future.

Recommendation 1: Introduction of a National Licensing Policy Framework

The National Licensing Policy Framework is designed to ensure statutory consistency and a national policy that is harmonious across licensing authorities, while still allowing local authorities to maintain their decision-making powers.

Recommendation 2: Twentieth anniversary licensing condition ‘amnesty’

A one-time ‘amnesty’ scheme would allow businesses, in collaboration with their licensing authority and the police, to ‘MOT’ the conditions on a licence and ensure they remain fit for purpose.

Recommendation 3: Hearings and appeals

The Licensing Taskforce recommends making licensing hearings more proportionate and streamlined. This includes strengthening the objections procedure for responsible authorities, with a minimum evidence threshold required to support any objection.

Recommendation 4: Remove the hard-copy local newspaper advertising requirement

The taskforce recommends removing the hard-copy local newspaper requirement. Physical notices on or near the premises and online are considered sufficient.

Recommendation 5: Licensing process and conditions for outdoor areas

Regulatory barriers should be reduced to allow licensed premises to make better use of outdoor spaces. The Licensing Act review suggests improving licensing decisions, simplifying processes, and ensuring greater consistency.

Recommendation 6: Changes to Temporary Event Notice (TEN) limits

The maximum entitlement for Temporary Event Notices (TENs) could be increased to 25 TENs covering 30 days, or at a minimum 21 TENs for 26 days per year, the same level used during COVID-19.

Recommendation 7: ‘Sunset Clause’ on Blanket Hours Policies

Blanket policies, such as core hours, were not in the original Act. The taskforce recommends introducing a sunset clause to review policies that have been running indefinitely with limited oversight.

Recommendation 8: Arbitration, evidence, and data protocol

The taskforce proposes clearer evidential standards and structured mechanisms for objections and reviews to reduce unnecessary burdens on businesses and local authorities.

Recommendation 9: Festivals and events

The Licensing Act review includes proposals to review licence length and fees for festivals and remove large-event multipliers.

Recommendation 10: Agent of change

The agent of change principle should be formally considered when making licensing decisions.

Category C Gaming Machines: Proposed Changes

The independent taskforce also considered the impact of other licensing regimes, such as the Gambling Act 2005, on alcohol-licensed venues. Proposed changes include:

• Automatic right to 4 Category C machines (currently 2) for licensed premises.
• Manual payments for gaming notifications and permits.
• Immediate stake and prize review for Category C machines.

These recommendations mark the start of a significant Licensing Act review that could result in possible Licensing Act updates for businesses, local authorities, and event organisers.