HL Deb 17 November 2003 vol 654 cc262-3WA
Lord Hodgson of Astley Abbotts

asked Her Majesty's Government:

Why there has been a delay in bringing forward the national guidance to the Licensing Act 2003; and [HL5416]

What impact the delay in laying before the House of Lords the national guidance to the Licensing Act 2003 will have on the timetable for implementation of the Act. [HL5417]

Lord McIntosh of Haringey

There has been no delay. We are carefully considering the views of a wide range of stakeholders on a draft of the proposed guidance as we undertook to do and will shortly be presenting the guidance to both Houses for approval. As there has been no delay there will be no resultant impact on the timetable for implementation of the Licensing Act 2003.

The start of the transitional period, during which existing licence holders may apply to convert their licences into premises licences and club premises certificates, is expected to be approximately six months after the date on which Parliament approves the guidance. During this period of six months, licensing authorities will prepare and publish their statements of licensing policy. The transitional period is expected to last for nine months and, as a result, the Licensing Act is expected to be fully implemented by early 2005.

Lord Hodgson of Astley Abbotts

asked Her Majesty's Government:

Whether they intend to clarify in the national guidance to the Licensing Act 2003 that the new law does not change the liability of the licensee (that is, the designated premises supervisor) for any problems that may arise at their licensed premises in their absence. [HL5421]

Lord McIntosh of Haringey

The role of the designated premises supervisor under the Licensing Act 2003 is different from that of the licensee under the Licensing Act 1964. The 2003 Act introduced the roles of the designated premises supervisor and personal licence holder, in addition to the holder of the premises licence, for those premises authorised by a premises licence to supply alcohol. The 2003 Act sets out the duties, responsibilities and liabilities of such persons and their roles will be described in the guidance issued to licensing authorities. The guidance will not, however, alter the liabilities of the various roles as set out in the 2003 Act.

The term "designated premises supervisor" as used in the Licensing Act 2003, does not equate or seek to replicate the term "licensee" as commonly understood when discussing the Licensing Act 1964.