Liquor Licensing (Hansard, 17 February 1984)

§ Mr. Mellor

Of the 33 recommendations formally listed as such in the summary of the report of the departmental committee on liquor licensing (Cmnd 5154), the following have been implemented.

Under age drinking The recommendation (paragraph 12.48) that the penalties for offences of purchasing and consuming alcohol by the under age drinker should be greater than the penalties for offences of selling to persons under age was implemented in the Criminal Law Act 1977, by virtue of which a fine of up to £200 may be imposed for offences of purchasing and consuming intoxicating liquor. The penalty for the offence of selling to persons under age is a fine not exceeding £50.

Licensing planning areas The Committee recommended (paragraph 14.16) the repeal of Part VII of the Licensing Act 1964. All licensing planning areas outside London have been abolished. It has been agreed that the London (Metropolis) Area no longer serves a useful purpose but its abolition requires primary legislation. The Greater London Council has included this provision in its GLC (General Powers) Bill 1984–85 and, if enacted, Part VII of the 1964 Act would become redundant.

New Town Licensed Premises Committees The Committee recommended (Paragraph 14.24) the repeal of Part VI of the Licensing Act 1964. Since the Local Government Planning and Land Act 1980, the Secretary of State has been empowered to wind up any New Town Licensed Premises Committee on the joint application of the Committee and the relevant Development Corporation. All but one Committee has been abolished.

Compensation authorities The recommendations (paragraph 15.23) for the repeal of the provisions of the Licensing Act 1964 relating to compensation authorities, the disposal of compensation funds and the establishment of a National Trust Fund were implemented in the Licensing (Alcohol Education and Research) Act 1981.

Licences in suspense The Committee recommended (paragraph 18.13) the repeal of Parts VIII and IX of the Licensing Act 1964 (which enable licences to be suspended because of war damage or because the premises have been compulsorily acquired for redevelopment), and the extinguishment of all licences in suspense. By an Order in Council made on 1 January 1983, all licences then in suspense under Part VIII were extinguished on 31 December 1983 and those under Part IX will be extinguished on 31 December 1987. Individual licences may, however, be extended on application to the licensing justices. Although we have moved towards the 334W repeal of Parts VIII and IX, savings would be necessary to preserve the validity of any licences still in force.

Supply of information to Her Majesty's Customs and Excise The recommendation (paragraph 20.16) that it should cease to be a criminal offence for justices' clerks to fail to comply with the requirement to notify her Majesty's Customs and Excise of new licences granted, or refused renewal, at licensing sessions was implemented with the repeal of section 30(5) of the Licensing Act 1964 by the Finance Act 1983

Occasional permissions The Committee recommended (paragraph 20.34) that licensing justices should be able to grant an occasional permission to any individual, representing a bona fide organisation, authorising the sale of intoxicating liquor on a specified day, subject to a limit of four occasional permissions in the course of a year. This recommendation was implemented by the Licensing (Occasional Permissions) Act 1983.

Police powers of entry to licensed premises The recommendation (paragraph 20.40) that future legislation should enable police officers to enter licensed premises at any reasonable time without being required to have specific grounds for thinking that an offence has been committed was implemented by the Licensing (Amendment) Act 1977 which amended section 186 of the Licensing Act 1964.