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Welcome to 2009 |
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Another busy year for licensing practitioners lies ahead
After the festive break, it would have been nice to have
had a gentle slide back into licensing after the last
twelve months of reforms, initiatives and plans being
announced across nearly the whole piste of the
licensing and regulatory landscape.
With the new year being only days old, there is already
much to occupy our minds including:
Drinking banning orders
Home Office minister Alan Campbell has announced
that local authorities and the police will be able to
apply for these 'alcohol ASBOs' under the Violent
Crime Reduction Act 2006 will be implemented from
the summer.
New DPPO guidance
The Home Office has also issued new guidance to
local authorities on implementing Designated Public
Places Orders under the Criminal Justice and Police
Act 2001. Copies are available in the Institute
Li
brary.
New RIPA guidance
A Procedures and Guidance document for public
authorities has been issued by the Chief Surveillance
Commissioner, explaining the role of his office and
how the commissioners conduct their statutory
functions in relation to the Regulation of Investigatory
Powers Act 2000.
Increased gaming machine stakes
The government has begun further consultation on
increasing the stakes of category C gaming machines
(found in pubs and amusement arcades) from 50p to
£1, and increasing the maximum prize to £70. There
are also proposals to increase the limits on category
D 'crane-grab' machines from 50p stake to £1, and an
increase in the maximum stake.
This is a second consultation following lobbying by
trade associations and operators in light of the current
advverse economic climate. Comments must be
made to the Department for Culture, Media and Sport
by 19 January 2009.
Gambling levy
DCMS minister Gerry Sutcliffe has launched a 12-
week consultation on introducing a statutory levy for
the gambling industry to fund research, education and
treatment of problem gambling.
The expected £5 million a year would help to run
helplines, treatment centres and further research, and
follows a warning during 2008 that gambling
operators would be expected to make voluntary
contributions towards the fund.
Premises-based operators would pay a flat fee based
on the number of premises they run, and the type and
volume of gambling on offer. Remote operators would
pay a flat fee within bands based on the Gambling
Commission's licence structure.
The levy will be set to take account of the particular
challenges facing smaller operators. The smallest on-
course bookmakers and family entertainment centres
will not be expected to contribute.
New LCCP
The Gambling Commission's new Licensing
Conditions and Codes of Practise for operators
became effective from 1 January 2009.
The new licence conditions and codes of practice
were released in October and are available in the
Institute library.
Police & Justice Bill
This Bill received a lot of publicity before Christmas for
two main reasons:
- the proposals to effectively redesignate lap-dancing
clubs as 'sex establishments' under the Local
Government (Miscellaneous Provisions) Act 1982
rather than as premises under the Licensing Act 2003;
and
- proposals for a mandatory code for the responsible
sale of alcohol.
The Bill is expected to have a swift passage through
parliament, with the second reading set down for next
Monday and royal assent possible by the summer
recess.
Gambling licences and 'principal activity'
Expect some further clarification from the Gambling
Commission on their interpretation of this debate in
the coming weeks.
EU Services Directive
The EU Services Directive must be implemented in
the UK by the end of 2009. Under the terms of the
legislation, all local authorities (and other 'competent
authorities' including professional regulatory bodies)
must be able to accept online applications and
payments for nearly all licences and registrations - the
main exceptions being gambling, personal alcohol
and hackney carriage/private hire vehicle licences.
Expect more information from the Department for
Business, Enterprise and Regulatory Reform in the
coming weeks.
Local Better Regulation Office
A number of initiatives will touch on licensing as the
LBRO gets under way this year, not least of which will
be the statutory Primary Authority scheme starting from
April.
Have a good New Year
The Board of the Institute of Licensing wishes
all of our subscribers a happy and healthy year ahead.
Click to see What's Hot in Licensing
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2 courses in 2 locations |
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The Institute is pleased to announce it will be
running
its popular Professional Licensing Practitioner
Qualification course in
- - Torquay between 8 and 11 February 2009
- - Harrogate between 1 and 4 March 2009
The courses are aimed at licensing practitioners
wishing to build on their existing knowledge and
expertise, and are provided by Poppleston Allen
Solicitors, covering the Licensing Act 2003 and the
Gambling Act 2005.
A voluntary exam is on
offer at the end of the three days, or delegates may
attend on individual days as required.
For more information visit our home
page.
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Training for councillors |
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The Institute is also pleased to be able to
offer the Certificate for Licensing Committee Members
(Licensing) and the Certificate for Licensing
Committee Members (Gambling).
These two, half-day courses will be available at
- Torquay on 10 February 2009
- Harrogate on 3 March 2009
Councillors may attend for either half-day or the whole
day, with training provided by Poppleston Allen
Solicitors.
For more information, click here.
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North-east region training opportunity |
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The north-east region are offering a Licensing
Act
2003 Investigative Skills and Enforcement
course
presented by Jack Henriques, solicitor, trainer
and co-
author of Local Authority Prosecutions
(Cavendish
Publishing), former legal manager at Bradford
Council
and national legal trainer for the Environment
Agency.
It is designed for licensing officers seeking to
hone
their investigative skills and acquire
enforcement
knowledge in connection with offences arising
from
the Licensing Act 2003.
For more details click here...
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South-east region meeting |
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The next meeting of the south-east region (including
its annual general meeting) will be held on 20 January
2009 in Maidstone, Kent.
A representative from the
Local Better Regulation Office will give a presentation,
and there will be a retrospective
of developments from 2008.
A speaker from
the Pedlars' Resource Centre is also expected to
attend. For more details, click here.
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Home Counties region meeting |
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The Home Counties region will be holding its next
meeting in St Albans on 20 March 2009.
Speakers are expected to include Peter
Coulson, (editor of Licensing Review), Sarah
Clover of No5 Chambers, and Alan Tolley, of
Sandwell council and a LACORS policy
adviser.
For more details click here.
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The Institute of Licensing is a company limited by guarantee under number 4884548 and a registered charity.
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