Licensed Premises (Hansard, 24 February 2004)

§ Lord McIntosh of Haringey

Under the current licensing regime, where the police seek the revocation of a licence or oppose renewal of a licence, it is a matter for the chief officer of police to ensure that the police are able to substantiate any allegation which they intend to make in the course of presenting or amplifying their objection or case. It is therefore a matter for the police to ensure that witnesses attend relevant hearings and the Government have no power to enforce attendance. The Government have recognised that the current arrangements are very restrictive and have therefore taken action by introducing new review arrangements in the Licensing Act 2003. The new provisions recognise the reluctance of some members of the public to attend hearings for a variety of reasons. When fully implemented, the 2003 Act will allow interested parties, for example a local resident, or responsible authorities, for example the police, to apply for a review of a premises licence or club premises certificate to the relevant licensing authority, and to make relevant representations to the authority about the grounds for a review. There will be no requirement for the police to support their application. During the consideration of the grounds for a review at a hearing under the 2003 Act the authority will consider those grounds and any of the relevant representations made. Attendance by individuals, who have experienced or witnessed crime and disorder, at such hearings will not be compulsory as the authority will consider written representations.