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8 January 2009
Welcome to 2009
  Another busy year for licensing practitioners lies ahead 2009
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

2 courses in 2 locations
  Studying for exam
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.
Training for councillors
  lecture room
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.
North-east region training opportunity
 
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...
South-east region meeting
  2009 calendar
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.
Home Counties region meeting
  Meeting notice
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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