Questions and Answers
How will this affect me?
If
you run an off-licence, pub, club, bar, late night takeaway, or restaurant then the way you apply for
a licence will change. You will have to supply an operating schedule setting out how you will run your
business in order to obtain a premises licence. You will also have to apply for a personal licence in
order to authorise the sale of alcohol.
What are the benefits of
this change?
Less red tape for businesses, economic growth, job opportunities,
sustainable communities, safer streets, empowerment for residents and – where permitted - more time
to drink up!
Will this mean 24 hour a
day drinking?
No, this is not a 24 hour charter; Hackney will consider every application
on its own merit and set hours appropriate to the surrounding area by considering the type of entertainment
on offer and the likely impact on the 4 licensing objectives.
If a
Special Policy area is adopted will this mean I cannot apply for a licence within this area?
No,
you can still apply, but you would have to convince the Council that this would not add to the cumulative
impact in the area. It would not be easy, but if there were no objections, or if the licensing sub-committee
were persuaded then a licence could still be granted.
Can my operating hours be
reduced retrospectively?
No, you can convert your existing licence under “grandfather
rights” and these hours are safe unless an objector seeks a review.
What
about residents?
You now become classified as an interested party and have increased
powers including the right to object to any new licence or to request conditions. You will have increased
rights to call for a review of an existing licence and to appeal decisions of the licensing sub-committee
to the Magistrate’s court.
If I
don’t like what is proposed can I object?
Yes, it is important that you do even
where the premises are in a Special Saturation Area. Where there are no objections the license
must be granted in the terms that have been requested. A responsible authority such as the police
can object, but may choose not to.
How can
my residents association be involved?
Residents associations can be represented
alongside licensees, and responsible authorities such as the police at regular licensing forums.
How are
decisions made on licence applications?
When someone applies for a new licence
or a variation to their licence this will be advertised in Hackney Today and a notice is posted at the
premises. If there are no objections then the licence must be granted with the terms, including
hours that have been requested. Where applicants cannot reach agreement with objectors the decision
will be made by the licensing sub-committee whose members are Councillors.
Could
a small bar or restaurant be allowed to open for longer than a nightclub?
Yes possibly,
if it did not result in crime and disorder or nuisance, risk public safety or create a risk to children.
Will
supermarkets now be able to sell alcohol beyond 11pm?
Yes, shops, stores and supermarkets
will be permitted to sell alcohol during normal opening hours except in the case of individual shops
that are known to be the focus of disorder.
Are under
18s allowed to drink alcohol?
Not generally, but children are allowed into licensed
premises where the landlord permits this and 16 to 18 year olds are permitted to drink beer, wine or
cider if eating a table meal and accompanied by someone over 18.
If you have any further questions, please do not hesitate to contact us.
Page updated: 16 Jan 2008