§ Lord Hodgson of Astley Abbottsasked Her Majesty's Government:
Why they are proceeding with the renewal of liquor licences at the Brewster's Sessions, in February 2004, when such licences will have only a short duration and are soon to be replaced with new style licences under the Licensing Act 2003; and [HL5419]
Further to their estimate that the cost to the licensed trade of the renewals licence at the Brewster's Sessions in February 2004 will be £11 million, why they are imposing this cost on the industry when these licences will be replaced in 2005 by new licences under the Licensing Act 2003. [HL5420]
§ Lord McIntosh of HaringeyUnder the Licensing Act 1964 the triennial sessions, the Brewster Sessions, are required to be held to renew existing liquor licences. This is not therefore a new burden being imposed by the Government. We will not abolish the Brewster Sessions until the Licensing Act 2003 is fully implemented. This is because liquor licences will remain in effect until the second appointed day, at the end of the transitional period, which is likely to be at least one year after the Brewster Sessions held in February 2004.
If we had agreed to abolish the Brewster Sessions in February 2004 and make provision for liquor licences to be automatically extended until the end of the 264WA transitional period, this would have resulted in a small number of premises causing serious problems to the community being permitted to continue trading for at least a year longer than necessary.
Brewster Sessions, more generally, also provide an important forum for people to make objections and oppose applications for renewal and are used to make orders cancelling licences which are currently suspended. The Government agreed to provide grandfather rights for holders of liquor licences on the basis that it accepted the industry's argument that all the holders of existing alcohol licences would have been judged to be "fit and proper" by the licensing justices under the existing regime. Such judgments are subject to regular review at the Brewster Sessions. Under the "grandfather rights" established in the 2003 Act interested parties and responsible authorities (with the exception of the police) are not entitled to object to the grant of a premises licence when applications are made to convert existing licences with the result that it is important that the opportunity to object at the review at the Brewster Session in 2004 is retained.