The House of Lords Select Committee report on its review of the Licensing Act 2003 was published on 4th April 2017 recommending that local authority licensing committees be abolished and their functions undertaken by planning committees.  In essence, the report concludes that there was a major flaw in the implementation of the Licensing Act 2003 and that the function should originally have been placed within local authority planning departments

The report clearly sets out some of the evidence heard by the Select Committee in relation to incidents which most would consider to be gross misconduct by councillors at licensing hearings.  There are too many examples of this within the report, but we have not heard of any comparative research relating to planning committees, which have their own critics.  We recognise as well that there are many examples of good practice up and down the country. We are confident that the majority of councillors sitting on licensing committees take their role and responsibilities extremely seriously and conduct themselves professionally.  This is reflected in the growing number of councillors who are active members of the IoL.  Indeed, one councillor is one of the few members awarded Fellowship status by the IoL in recognition of his exceptional commitment and contribution to excellence in licensing

There is no doubt that improvements are required, as with any legal and administrative system, and the IoL particularly welcomes the recommendations relating to mandatory training, stronger guidance on how licensing hearings should be conducted, and a more managerial approach by licensing committee chairs in actively excluding councillors in appropriate circumstances.  All of these recommendations should be looked at in detail by the Government and the IoL looks forward to being involved in the discussions

However, the IoL does not believe that the abolition of licensing committees and transfer of their functions to planning committees will serve the public interest well. Indeed, we believe it will be a retrograde step. The licensing of alcohol, in particular, is a specialist area and this is supported by the observations of the Select Committee which refers (in paragraph 379) to licensing being a ‘specialised and technical area of policing, requiring a distinct and professional body of police licensing specialists.’  The IoL agrees with this statement and considers it equally applicable to licensing authorities and their officers. The expertise of our members built up over many years should not be underestimated.

The IoL acknowledges a key recommendation within the Select Committee report suggesting closer integration of the licensing and planning regimes.  There are elements of such integration which make good sense such as better communication between council departments and the importance of a planning decision being viewed as a material factor for a licensing committee to take account of, and vice versa. 

There are other elements which are of concern, such as the amalgamation of committees and officers’ functions. It is clear that such a major and fundamental change, if this proposal is to be taken forward by the Government, will need a more detailed consideration. But it is also clear that these issues are part of a wider debate about strategic place making and management of the night time economy. In fact, the IoL has already been in discussion with the Planning Officers’ Society to discuss different aspects integration between licensing and planning regimes that would potentially see a greater role for licensing in such areas as control of use classes and permitted development.

There is clearly much work to be done in this area and the IoL will be at the forefront of the debate with a view to supporting partner organisations, providing information and advice to Government and improving the training opportunities for all stakeholders in licensing.