Don't run out of time to get your new licences

From Feb 7, 2005 (known as the first appointed day) Local Authorities started processing new licensing applications. As all our members will be aware licensed retailers have to act in the six months following the first appointed day in order to take their business smoothly into the new regime currently scheduled for November 2005.

Remember that a fundamental aspect of the new Act is the separation of the premises licence from the licensee. This means that whether or not you currently hold a justices’ licence, you will have to apply for a personal licence. If you are currently the holder of a justices’ licence you have "grandfather" rights which mean that you do not have to take the new statutory examination to obtain a personal licence, but nonetheless you have to apply for a new licence. The process is not automatic.

Here is a brief summary of what you have to do to be able to carry on business after the implementation of the Act (2^nd Appointed Day, currently November 2005).

To carry your current licensing permissions forward (called "conversion") to the new regime you have to apply to your Local Authority. If, at the same time, you wish to change your permissions (called "variation") to take advantage of the provisions of the new Act e.g. extended opening hours, you have to apply to do this at the same time on the prescribed forms.

Additionally, under the new regime, in order to sell alcohol you have to be in possession of the new personal licence. If you are currently named on a justices’ licence you can do this without having to take the new statutory licensing qualification.

The application processes mentioned above (particularly the premises licence) can be complicated. BII has therefore arranged

• a free licensing telephone hotline to answer any queries you might have on the Act, or its implementation.

• special terms with leading licensing solicitors, Poppleston Allen, for a full application service where applications will be completed by Poppleston Allen on your behalf using a system called PAPA

Phone BII on 01276 684449 and ask for Membership Services. On verification of your membership you will be put directly into contact with Poppleston Allen. Note that this helpline is not for the completion of licence application forms or legal questions not concerned with licensing. If you need help to do this, we have negotiated special rates for BII members for PAPA.