Licensed Premises Law, Practice and Policy, 2nd edition

Author: Philip Kolvin
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781845922887
Published In: July 2013
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author
Reviews

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"This volume is a must...Recommended reading for the dedicated licensing practitioner!" Solicitors Journal

"This book...provoke[s] a very important discussion on the nature of licensing in practice, looked at from many facets...It should certainly be read by officers and members of local authorities" Licensing Review

Licensed Premises: Law, Practice and Policy, Second Edition is a highly practical guide to the licensed industry. It clearly explains, through the use of case studies, practical tools and strategic policy advice, how the licensing regime, allied to other statutory and voluntary schemes, can be used to develop a more sustainable, diverse leisure economy.

Untangling the web of licensing law
The new edition is supported by copious charts and tables to simplify explanations and argues for a strategic approach to licensing, explaining how it is part of a much larger web of control of the night time economy.
Each interlocking contribution is written by an expert in their field. These include those in the areas of planning, noise, policing, door supervision, health and safety and local government strategies – all to ensure that every reader can gain an understanding of how the whole system works, as well as each individual part.

Fully updated to include Hemming, Levy and EMROs
Timed to coincide with the new fees, regime, the outcome of the crucial Hemming case as well as Levy and EMROs, this new edition addresses such questions as ‘Are enforcement costs recoverable from licensees?’, ‘What are the effects of the Services Directive on licensing?’ and “May objections be made to EMROs on socio-economic grounds?” It also includes coverage of: Police Reform and Social Responsibility Act 2011; Localism Act 2011 and Policing and Crime Act 2009.

The second edition also contains and covers:
• Strategic and policy advice for those working in the licensing field
• Allied regimes such as sex and gambling licensing and the interaction with the Licensing Act 2003
• Parallel regimes such as planning, noise control and health and safety, and the interaction with the Licensing Act 2003
• Voluntary schemes such as Best Bar None, Purple Flag, BIDS, Pubwatch, and their interaction with the Licensing Act 2003
• Questions and answers on commonly raised issues
• A brand new chapter on regulatory partnerships written by model licensing authority, the London Borough of Hammersmith and Fulham

Practical sections and appendices
Licensed Premises: Law, Practice and Policy, Second Edition is supplemented by a series of appendices encompassing helpful advice from government, trade associations and other bodies as well as a summary of the key case law in the field.

PART A FOUNDATIONS
1 Challenges
2 Unifying philosophy
3 A strategic approach to the night time economy
4 Policy as the hub
5 Evidence and inference in licensing

PART B THE LICENSING ACT 2003
Part B1 The Licensing Act 2003: Concepts
6 The Licensing Act 2003 framework
7 The licensing authority
8 Licensable activities
9 The general duties of licensing authorities
10 Licensing policy
11 Licensing policy consultation
12 The appropriateness test
13 Licensing and proximity
14 Opening hours under the Licensing Act 2003
Part B2 Licensing Act 2003: Regime
15 The premises licence
16 Clubs
17 Conditions
18 Personal licences
19 Temporary events
Part B3 Challenging licensing decisions
20 Challenging licensing decisions
Part B4 Licensing Act 2003: Standards of excellence for licensing authorities
21 Best practice in licensing hearings
22 Licensing officers
23 Councillors
24 Legal advisors

PART C PUBLIC SECTOR DUTIES OF LICENSING AUTHORITIES
25 The Crime and Disorder Act 1998
26 The Equality Act 2010
27 Human rights
28 The Provision of Services Regulations 2009
29 The Legislative and Regulatory Reform Act 2006
30 RIPA

PART D PARALLEL CONSENT SCHEMES
31 Planning and other strategies
32 Gambling
33 Sex licensing
34 Tables and chairs
35 Door supervision

PART E STATUTORY REMEDIES IN THE NIGHT TIME ECONOMY
36 Introduction
Part E1 Places
37 Designated public places orders
38 Dispersal orders
39 Direction to leave
40 Early morning restriction orders
41 Area closure orders
Part E2 Premises
42 Review
43 Licensing Act closures
44 Closure notices
45 Persistent sale closure notices
46 ASBO Act closures
47 Other statutory remedies
Part E3 People
48 Drink banning orders
49 Confiscation of alcohol
50 Alcohol arrest referral schemes
Part E4 Prosecution
51 Prosecution

PART F GOOD PRACTICE IN THE NIGHT TIME ECONOMY
52 Introduction
53 Purple Flag – better town centres at night
54 PubWatch
55 Best Bar None
56 Business Improvement Districts
57 Community Alcohol Partnerships
58 Regulatory partnerships
59 Design of the night time economy

PART G FINANCING THE MANAGEMENT OF THE NIGHT TIME ECONOMY
60 Introduction
61 The fees regime
62 Late night levy
63 Community Infrastructure Levy
64 Planning obligations

PART H ALCOHOL AND POLITICS
65 Alcohol politics: assessing the consequences of the Licensing Act 2003
66 Alcohol control and the public interest: international perspectives

Philip Kolvin QC is a barrister and Head of Licensing at Cornerstone Barristers, Gray’s Inn, London. He is also Patron of the Institute of Licensing, the national body for licensing professionals, and Chairman of Best Bar None and Purple Flag. Philip is widely published in the field of licensing and is the editor of Licensed Premises: Law, Practice and Policy, Gambling for Local Authorities: Licensing, Planning and Regeneration and Sex Licensing. Philip is an Associate Tenant at Kings Chambers, Manchester, Leeds and Birmingham.

With contributions from Poppleston Allen, London Borough of Hammersmith and Fulham, Cornerstone Barristers, Wine and Spirit Trade Association, MAKE Associates and others.

Reviews of Licensed Premises: Law and Practice, First Edition

‘As well as a clear exposition of the framework of the new law, the reader is treated to much material by expert authors on matters that will have both practical and policy reverberations for the new regime. There are, for example, chapters on policy issues, prevention of disorder, policing, noise, door supervision and some international perspectives…Recommended reading for the dedicated licensing practitioner!’

Solicitors Journal

‘Kolvin has proved to be one of the best received works on the new law and is without peer in terms of the “extra-legal” sections, on matters such as noise, public order and so on. It has proved especially useful for assistance in framing operating schedules and conditions and for dealing with contentious evidence on promotion of the licensing objectives. For those requiring an encyclopaedia of alcohol and entertainment licensing, this volume is a must.’

Solicitors Journal

‘The book looks to draw lessons from similar domestic regimes and analogous international experience; it juxtaposes serious academic research papers with more purely descriptive chapters; theories of control of the night time economy are expounded; detailed case analysis is provided; and propositions for best practice under the new regime are suggested…The book explains the new legislation in extremely helpful and accessible detail…Mr Kolvin has attracted a large number of distinguished practitioners, academics and other individuals with substantial practical experience to contribute to or write parts of the book…This book is a sizeable achievement.’

New Law Journal

‘Thirty-three chapters and thirteen appendices provide a comprehensive view of the law, but not only the legislative framework, but also considerable material aimed at placing the law in a social and political context…It is a joy to read, offering as it does considered arguments on all the key points. Its assistance to the busy practitioner cannot be over-estimated…Its place as the pre-eminent volume on the law at this point in time is assured, and it will be highly valuable to all who come into contact with this new regime…In terms of the material that is contained within this book, it is comprehensive, illuminating and on many occasions thought provoking.’

Public Health Law

‘What this book does is to provoke a very important discussion on the nature of licensing in practice, looked at from many facets. It is the first volume to have done this for some considerable time and certainly the most wide-ranging and as such will be of considerable value to those involved in the new licensing system. It should certainly be read by officers and members of local authorities as they strive to grapple with the minutiae of the new regime. It will help them to understand the wider picture.’

Licensing Review