The Home Office has confirmed that the provisions of Part 7 of this Act will commence on the 6 April with the exception of the provisions on cumulative impact and Late Night Levy.
Section 137 will, therefore, be amended to include alcohol in any state.
Section 138 now will provide that the holder of a Premises Licence can only make further representations on interim steps taken pending an Expedited Review if there has been a material change in circumstances since the Authority made its determination.
Section 139 amends the Licensing Act to clarify the position of interim steps following Summary Review clarifying that the interim steps continue until the Review is determined or a subsequent appeal is disposed of.
From a practical point of view possibly the most significant change to Section 140 gives the Licensing Authorities powers in relation to convictions of Personal Licence Holders giving them the power to act when a Personal Licence Holder is found guilty of a relevant offence. Previously only a Magistrate could act on a Personal Licence except when the Licence was due to be renewed when the Local Authority could act. As there is no longer a requirement to renew a Personal Licence the power of Local Authorities to Act seems logical.
Section 141 adds a number of further relevant offences to the current list.
Section 142, this amends the Licensing Act to simplify the process for issuing new statutory guidance by removing the requirement to ensure the guidance is approved by both houses.
Section 143 and Section 144 relates to cumulative impact assessments and Late Night Levies and will not come into force until the House of Lords Section Committee has concluded their review of the Licensing Act.
For further information, please contact Andrew Cochrane.