CONSULTATION: THE COMMUNITY AND ANCILLARY SELLERS NOTICE. 11 November 9 December 2014

Transcription

1 CONSULTATION: THE COMMUNITY AND ANCILLARY SELLERS NOTICE 11 Nvember 9 December 2014

2 CONTENTS 1. Frewrd 2. Intrductin 3. Abut this cnsultatin Annex A Disclaimer and cnsultatin criteria 2

3 1. MINISTERIAL FOREWORD 1. The Calitin Gvernment is determined t tackle the harmful effects f alchl and curb excessive drinking. We have achieved much t tackle alchl harms: we have refrmed the Licensing Act 2003, we have intrduced new pwers fr the plice and licensing authrities t clse dwn prblem premises and deal with alchl-fuelled crime and disrder, and we have banned the wrst cases f very cheap and harmful alchl by intrducing a ban n sales belw the cst f duty plus VAT. These are imprtant achievements. 2. The Calitin Gvernment is als cmmitted t reducing the unnecessary burdens n respnsible businesses. Cmmunity grups and small businesses have tld us that the existing licensing requirements are heavy handed fr thse wh want t sell small amunts f alchl as part f a wider service. Fr example, small bed and breakfasts wishing t prvide a welcme drink t guests must be at present licensed in the same way as a large htel with a public bar. Cmmunity grups wishing t sell a glass f wine during the perfrmance f a play are subject t the same licensing regime as cmpanies putting n much larger events. Fr cmmunity grups and small accmmdatin prviders selling limited amunts f alchl in lw-risk envirnments, the existing regulatin is disprprtinate. 3. We want t free up the plice and lcal enfrcement agencies t cncentrate n the premises that are causing alchl harms. The Cmmunity and Ancillary seller s Ntice (CAN) will allw such particular lw-risk businesses and cmmunity grups t sell a small amunt f alchl, while prviding apprpriate, light-tuch cntrls. 4. We are cmmitted t delivering the CAN and must make sure we d s in a way that wrks best fr businesses and cmmunity grups, but nt at the expense f undermining safeguards against crime and disrder, public nuisance r risking public health. In rder t get this balance right, we are cnsulting n the details f the regulatins at this early stage. This cnsultatin is subject t Parliament s cnsideratin f the Deregulatin Bill which is currently befre Parliament. I hpe that all thse with an interest in this matter will respnd. Lynne Featherstne Minister f State fr Crime Preventin 3

4 2. INTRODUCTION PROPOSAL 5. The CAN will be a new, light tuch authrisatin under the Licensing Act 2003 which will benefit particular small businesses and cmmunity grups wh wish t sell r give away 1 limited amunts f alchl as part f a wider service. Under existing arrangements these bdies are subject t the same licensing regime and scrutiny as ther businesses and grups wh sell much higher quantities f alchl including large htels and ff-licences. 6. The public cnsultatin n alchl, undertaken in , asked fr feedback n tw measures which culd imprve the arrangements. These were: a lighter tuch Temprary Event Ntice (TEN) with mre lcal discretin fr cmmunity grups, and a new authrisatin t reduce burdens n ancillary sellers f alchl. In respnse t the cnsultatin, the Gvernment annunced its intentin t create a new authrisatin called the Cmmunity and Ancillary sellers Ntice (CAN) t prvide a light-tuch authrisatin fr bth these grups. The CAN is intended t benefit prviders f bed and breakfast r ther similar vernight accmmdatin wh may wish t ffer vernight guests a bttle f wine in their rm r a drink with an evening meal, and cmmunity grups putting n small cmmunity events wh wish t sell an alchlic drink t thse attending the event. The Gvernment des nt intend t extend the prpsal t include flrists and hairdressers r ther business types at this stage. 7. The CAN was intrduced as part f the Deregulatin Bill at reprt stage in the Huse f Cmmns n 14 May The details set ut in the table belw will be prescribed in primary legislatin. 8. The prcess fr giving a CAN will be similar t the existing prcess fr giving a TEN. Users will fill ut a simple frm and send it t the licensing authrity t ntify it f their intentins t prvide alchl. There will be a fee, which will be set in accrdance with HM Treasury s Managing Public Mney principles t recver all csts fr the licensing authrity, including the administratin cst t prcess the ntice. In line with the prcess fr TENs, licensing authrities will be able t reject a ntice where apprpriate n grunds f the fur licensing bjectives This cnsultatin asks fr views n the details that will be set ut in regulatins. Fr bth grups this includes the limits n the apprpriate quantity f alchl that can be sld. Fr ancillary sellers, it includes the size f business that culd use a CAN. Fr cmmunity grups, it includes the definitin f an eligible cmmunity grup and the frequency f licensable activities that can be authrised by a CAN. Licensing authrities are als asked what level f fee will be necessary fr giving a CAN in rder t cver their csts. 1 Alchl prvided free f charge in a business cntext, in return fr a dnatin r as part f a ticket price is cnsidered by the curts t cnstitute a sale in law. 2 A cnsultatin n delivering the Gvernment s plicies t cut alchl fuelled crime and anti-scial behaviur. 3 The licensing bjectives are: the preventin f crime and disrder; public safety; the preventin f public nuisance; the prtectin f children frm harm. 4

5 Table: Details f the CAN which will be prescribed in primary legislatin Fr all CAN users Ancillary sellers Cmmunity grups The CAN will be authrised fr 36 mnths Alchl may be sld between 7am and 11pm Ntice will be given t the licensing authrity The prescribed fee will be paid Plice, Envirnmental Health Authrity and licensing authrity can bject if a CAN will undermine the licensing bjectives. Where prblems arise, the plice and envirnmental health authrity can bject, with the result that the CAN may be revked. Plice and licensing authrity fficers will have rights f entry t investigate where users are in breach f the CAN cnditins. N right t a hearing r appeal if a CAN is revked. Sale f alchl must be ancillary t prvisin f gds r services by the business. Sale f alchl frm single named premises. Alchl fr cnsumptin n the named premises. Sale f alchl must be made by r n behalf f a cmmunity grup that des nt trade fr prfit. Sale f alchl must be ancillary t an rganised cmmunity event. Sales f alchl may be made frm up t three named premises. Sales f alchl fr cnsumptin at rganised events f up t 300 peple. 5

6 BACKGROUND 1. The licensing regime is designed t safeguard against the ptential prblems which can arise frm the sale f alchl and ther licensable activities, such as alchl-related crime and disrder, public nuisance and risks t public safety. Under the Licensing Act 2003 (the 2003 Act) thse wishing t sell alchl must be authrised t d s by virtue f a premises license, club premises certificate r a temprary event ntice (TEN). 2. Under existing arrangements, the applicatin fee fr a premises licence is between 100 and 1,900 plus annual renewal fees f up t 200, with an additinal assciated cst f btaining a persnal licence f apprximately 75. Applying fr a premises licence als requires the applicant t prvide detailed infrmatin including a full perating schedule and plan f the premises and a prcess f scrutiny by the licensing authrity and ther respnsible authrities. 3. The alternative is fr premises users t give a TEN each time they wish t put n an event at which alchl will be sld. The TENs regime enables peple with r withut an existing licence t give ntice that they intend t sell alchl when this wuld nt therwise be authrised, n a ne-ff, limited basis. This includes cmmunity grups putting n small events. Each TEN csts 21 and authrises the activities t which it relates 4 t be carried n fr up t 168 hurs (seven days). 4 Licensable activities are the sale f alchl, late night refreshment r licensed entertainment. 6

7 3. ABOUT THIS CONSULTATION Scpe f the cnsultatin Tpic f this cnsultatin: Scpe f this cnsultatin: Gegraphical scpe: This cnsultatin seeks views n the details f the Cmmunity and Ancillary Sellers Ntice (CAN) which will be set ut in secndary legislatin. Accmmdatin prviders including guest huses and bed and breakfasts, cmmunity grups and charities, licensing authrities, the plice, envirnmental health authrities, licensed trade, residents. England and Wales Basic Infrmatin T: We are keen t hear frm everyne wh wuld wish t use the CAN r may be affected by the prpsals, including: small accmmdatin prviders, cmmunity grups and charities members f the public, thse wh live clse t licensed premises, the plice, licensing authrities and trade assciatins. Duratin: The cnsultatin runs fr fur weeks frm 11 Nvember 9 December Enquiries: Hw t respnd: CANsCnsultatin@hmeffice.gsi.gv.uk Please respnd using the nline cnsultatin tl thrugh the GOV.UK website: Additinal ways t becme invlved: After the cnsultatin: If yu are nt able t respnd via the nline system please cntact the Hme Office n the address abve. Further infrmatin n hw t respnd t this cnsultatin can be fund n the GOV.UK website. Please cntact the Hme Office (as abve) if yu require infrmatin in any ther frmat, such as Braille, large fnt r audi. The Department is bliged t bth ffer, and prvide n request, these frmats under the Equality Act Respnses will be analysed and a Respnse t Cnsultatin dcument will be published. This will explain the Gvernment s final plicy intentins. All respnses will be treated as public, unless stated therwise. Backgrund Previus engagement: The Gvernment has already cnsulted n the principle f the CAN in the Alchl Strategy cnsultatin in 2012, and set ut the intentins in the Next Steps fllwing the cnsultatin n delivering the Gvernment s alchl strategy. 7

8 DETAILS OF THE PROPOSAL 10. The CAN will be a new, light tuch authrisatin under the Licensing Act 2003 which will benefit certain small businesses and cmmunity grups wh wish t sell limited amunts f alchl as part f a wider service. Under existing arrangements these grups are subject t the same licensing regime as larger businesses and grups wh sell much larger quantities f alchl including htels and ff-licences. 11. The principles f the CAN are included in the Deregulatin Bill, which is being cnsidered by Parliament. The details which will be prescribed in primary legislatin (the Deregulatin Bill) are set ut in the table n page 5. This cnsultatin asks fr views n the details that will be set ut in regulatins. 12. The CAN will benefit small accmmdatin prviders, cmmunity grups and charities wh wish t sell alchl as part f a wider service. These grups cmplain that premises licences (which range in cst frm 100-1,900 and accmpanying persnal licence fees f arund 75) r multiple temprary event ntices (currently 21 each) can be cstly, burdensme and disprprtinate in view f the lw risk, lw vlume nature f the sales they wish t make. The CAN ffers a lighter tuch, cheaper alternative. 13. Fr a relatively lw, ne-ff fee a CAN user will, ver the curse f three years, be able t sell a limited quantity f alchl (t be prescribed in regulatins) between the hurs f 7am and 11pm. Cmmunity grup users will be able t name up t three premises, including demarcated utdr spaces, at which they intend t prvide alchl at rganised events, with a maximum f 300 attendees. The alchl sld at the event must be ancillary t the main purpse f the event (such as a glass f wine at a play r with a lunch). Ancillary business sellers will name single premises at which they will be making sales f alchl. The sales must be ancillary t the main service being prvided and the alchl must be cnsumed n the premises unless regulatins prvide therwise. An example is a drink fr paying guests at a B&B. 14. Safeguards such as rights f entry t investigate prblems and criminal liability f CAN users fr licensing ffences will apply as they d in relatin t ther alchl authrisatins. The plice and Envirnmental Health Authrity (EHA) will be able t bject t a CAN taking effect at the utset n grunds that ne r mre f the licensing bjectives wuld be undermined. Licensing authrities will als have discretin t reject CANs. Where prblems arise after a CAN has taken effect the plice and EHA will be able t seek revcatin thrugh a light tuch prcess with n hearing r appeal. Once a user has had a CAN revked that user (r an assciate) wuld nt be able t give ntice again fr a perid f 12 mnths. 15. Cmmunity grups wishing t hld a larger event (indr r utdr) r sell alchl in greater quantities than wuld be allwed under a CAN may d s by giving a TEN. 16. In cming t its final decisin n the details f the CAN, the Gvernment will balance reducing burdens n small businesses and cmmunity grups with prtecting the public frm ptential crime and disrder, public nuisance and ther alchl related harms. 8

9 Questins Questins 1-3 are abut the CAN when used by ancillary sellers. Questins 4-6 are abut the CAN when used by cmmunity grups. Questin 7 is abut details that will be the same fr cmmunity grups and ancillary sellers and is fr licensing authrities nly t respnd t. Please answer all questins which are relevant t yu r yur rganisatin. Questins abut the CAN when used by ancillary sellers The CAN will be fr use by small accmmdatin prviders, fr example B&Bs and guesthuses. Alchl may nly be sld t guests, fr cnsumptin n the premises. Regulatins will limit the size f accmmdatin prviders allwed t use the CAN. Questin 1: what size f accmmdatin d yu think shuld be determined a small accmmdatin prvider fr the purpse f the CAN? a) An accmmdatin prvider with up t five bed spaces b) An accmmdatin prvider with up t ten bed spaces c) An accmmdatin prvider with up t fifteen bed spaces d) An accmmdatin prvider with up t twenty bed spaces e) Dn t knw A key principle f the CAN is that the sale f alchl must be ancillary t the prvisin f services n the premises. The quantity f alchl allwed t be sld under a CAN will be set ut in the regulatins, specifying any particular circumstances which may apply. Fr example, it may be permitted t ffer a cuple staying vernight in a B&B a bttle f wine in their rm. Questin 2: hw much alchl d yu think shuld be allwed t be sld by ancillary sellers under a CAN, per guest, in a 24 hur perid? a) Up t 2 units (e.g. a small 125ml glass f wine; a pint f 3.5% ABV 5 f beer; a 330ml bttle f 4% ABV lager; ne duble measure f spirits) b) Up t 3 units (e.g. a large 250ml glass f wine; tw 330ml bttles f 4% ABV lager; a pint f 5% ABV beer) c) Up t 5 units (e.g. a 750ml bttle f 13% ABV wine between tw peple r a 250ml bttle f spirits between tw peple) d) Mre than 5 units (e.g. allwing a bttle f wine between tw peple in a rm plus an additinal glass f wine with a meal) e) Dn t knw 5 Alchl By Vlume 9

10 Questin 3: the CAN will be available fr use by B&Bs and ther similar accmmdatin prviders. D yu think ther types f accmmdatin prviders shuld als be able t use the CAN? (tick all that apply) a) Self catering hliday hmes b) Camping and caravanning sites c) Yuth hstels d) Dn t knw Questins abut the CAN when used by cmmunity grups The regulatins will set ut a definitin f cmmunity grups which will be able t use the CAN. Questin 4: hw d yu think a cmmunity grup shuld be defined? a) A brad definitin t allw any grup which has lcal membership and perates n a nt-frprfit basis. b) A defined list which includes grups such as charities, vluntary grups, faith grups, and cmmunity interest cmpanies which perate n a nt-fr-prfit basis. c) Dn t knw. The alchl sld at the event must be ancillary t the main purpse f the event (such as a glass f wine at a play r with a lunch). A quantity will be set ut in the regulatins. The Gvernment envisages that an average amunt wuld apply in situatins where alchl is prvided in a grup setting, fr example if a bttle f wine is intended t be shared by a number f peple the alchl limit wuld be classed as ne persn s share f the bttle. Questin 5: hw much alchl shuld be allwed t be sld by cmmunity grups under a CAN? a) Up t 2 units (e.g. a small 125ml glass f wine; a pint f 3.5% ABV 6 f beer; a 330ml bttle f 4% ABV lager; ne duble measure f spirits) b) Up t 3 units (e.g. a large 250ml glass f wine; tw 330ml bttles f 4% ABV lager; a pint f 5% ABV beer) c) Up t 5 units (e.g. a 750ml bttle f 13% ABV wine between tw peple r a 250ml bttle f spirits between tw peple) d) Mre than 5 units (e.g. allwing mre than a bttle f wine between tw peple) e) Dn t knw 6 Alchl By Vlume 10

11 Regulatins will set a limit n the frequency with which a cmmunity grup can prvide alchl under their CAN. This is similar t the prvisins fr using TENs, which are currently limited t 12 per year per premises (with an increase t 15 prpsed in the Deregulatin Bill). Questin 6: hw frequently shuld a cmmunity grup be allwed t prvide alchl under their CAN? a) Once per mnth b) Twice per mnth c) Once per week d) Mre than nce per week e) N restrictin / daily f) Dn t knw The fllwing questin is fr licensing authrities nly t answer Licensing fees will need t be set at a level which reflects the licensing authrity s csts assciated with prviding the service. The CAN prpsal is designed t keep csts as lw as pssible (by keeping administratin, mnitring and ther cmpliance activity light-tuch). The Gvernment has estimated that a fee set at between 20 and 50 shuld be enugh t cver csts. Questin 7: What level f fee d yu think wuld be necessary t meet the csts incurred by licensing authrities as a result f administratin, mnitring and ther cmpliance activity assciated with the CAN? a) Fee: b) Dn t Knw Please explain the reasn fr yur answer, setting ut the csts yu have cnsidered [pen text questin] Infrmatin abut yu Questin 8: Please indicate in what capacity yu are respnding t this cnsultatin: Small accmmdatin prvider / bed and breakfast / guesthuse Cmmunity / vluntary grup Charity Large accmmdatin prvider / htel Plice Licensing authrity Licensed trade / trade rganisatin Envirnmental health Member f the public Other 11

12 ANNEX A Respnses: Cnfidentiality & Disclaimer 1. The infrmatin yu send us may be passed t clleagues within the Hme Office, the Gvernment r related agencies. Infrmatin prvided in respnse t this cnsultatin, including persnal infrmatin, may be subject t publicatin r disclsure in accrdance with the access t infrmatin regimes (these are primarily the Freedm f Infrmatin Act 2000 (FOIA), the Data Prtectin Act 1998 (DPA) and the Envirnmental Infrmatin Regulatins 2004). 2. If yu want ther infrmatin that yu prvide t be treated as cnfidential, please be aware that, under the FOIA, there is a statutry Cde f Practice with which public authrities must cmply and which deals, amngst ther things, with bligatins f cnfidence. In view f this it wuld be helpful if yu culd explain t us why yu regard any infrmatin yu have prvided as cnfidential. If we receive a request fr disclsure f the infrmatin we will take full accunt f yur explanatin, but we cannt give an assurance that cnfidentiality can be maintained in all circumstances. An autmatic cnfidentiality disclaimer generated by yur IT system will nt, f itself, be regarded as binding n the Department. The Department will prcess yur persnal data in accrdance with the DPA and in the majrity f circumstances this will mean that yur persnal data will nt be disclsed t third parties. Cnsultatin C-rdinatr 3. If yu have a cmplaint r cmment abut the Hme Office s apprach t this cnsultatin, yu shuld cntact the Hme Office Cnsultatin C-rdinatr. The C-rdinatr can be ed at: HOCnsultatins@hmeffice.gsi.gv.uk, r alternatively yu can write at: Cnsultatin C-rdinatr Hme Office Better Regulatin Unit 3 rd Flr, Peel Building 2 Marsham Street Lndn SW1P 4DF 12