Background Paper Supplement PDF Download

The Licensing Act 2003 brought ten existing licensing schemes administered by local authorities into one new regime, and created more flexible licensing hours. This report concentrates on the technicalities of licensing: all those applying for a licence for the first time or needing a new licence under the Act had to submit applications by a certain date. The transition period was in 2005, and it soon became apparent that people involved in the 're-licensing' process were encountering difficulties. The Committee finds that the Department for Culture, Media and Sport (DCMS) has failed to administer the transition period effectively. Despite a two-year gap between the passing of the legislation and the implementation of the Act, regulations and guidance were issued late, and proved to be contradictory and confusing. Local authorities were unable to train staff or prepare application materials in good time. There was inadequate support from central government for local authorities. Many licensing fees rose dramatically, leading to concerns that some small businesses might abandon their licensable activities. The regulatory burden on residents, licensees and local authorities appears to have increased. The government does not appear to recognise some of the issues hindering the smooth operation of the Act. Overly-prescriptive regulations and unhelpful constraints on local government structure are both causing difficulties.