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Alcoholic Drinks: Licensing

Volume 480: debated on Monday 6 October 2008

To ask the Secretary of State for Culture, Media and Sport what options are available to licensing authorities regarding applications for Temporary Event Notices where the premises concerned has previously been found to have breached licensing conditions. (222997)

In cases where the police object to a temporary event notice, licensing authorities are responsible for holding a hearing to decide whether to issue a counter notice to prevent the event from going ahead.

Police may object to a temporary event notice if they believe the use of premises for an event risks undermining crime prevention objectives. While this decision is a matter for the police, they may take into account previous offences committed, including breaches of licensing conditions.

To ask the Secretary of State for Culture, Media and Sport (1) what assessment he has made of the level of enforcement of the provisions of the Licensing Act 2003 in respect of (a) the display of premises licences in licensed premises and (b) the display of the correct name of the designated premises supervisor in premises licences; (224061)

(2) how many (a) companies and (b) individuals have been prosecuted for breaches of the Licensing Act 2003 in respect of failure to display in licensed premises (i) premises licences and (ii) up to date details of the designated premises supervisor for those premises; and if he will make a statement.

[holding answer 17 September 2008]: Information relating to prosecutions or other enforcement actions on these subjects is held centrally by the Ministry of Justice. The Licensing Act 2003 did not come fully into force until 24 November 2005. The only full year for which figures are currently available is 2006.

The number of (a) companies and (b) individuals who have been proceeded against at magistrates courts under section 57 of the Licensing Act 2003 in England and Wales for the years 2004 to 2006 can be viewed in the following table. Court proceedings data for 2007 will be available in the autumn of 2008.

Number of defendants who were proceeded against at magistrates courts for offences under the Licensing Act section 571 in England and Wales, 20062

2006

Number proceeded against

Persons

3

Companies

0

1 Includes the following statute(s) and corresponding offence description Licensing Act 2003 s.57. Failure to produce a premises licence or copy when required to do so.

2 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

Source:

Office for Criminal Justice Reform, Evidence and Analysis Unit—Ministry of Justice Our ref: IOS 476-08 (Table) Contributions for PQ 224062

These data relate to persons for whom these offences were the principal offence for which they were dealt with. When a defendant has been found guilty of two or more offences, the offence selected is the one for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

However, this type of breach may have been dealt with informally through writing or licence review. We are confident that the range of compliance and enforcement options available to the relevant authorities are adequate to allow the enforcement agencies to ensure compliance with the legislation.