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LR Law wins lap dancing SEV licence for club in Warrington Manchester City Council - revised Sex Establishment Policy LR Law wins taxi licence appeal against Warrington Borough Council Taxi driver's licence granted on appeal Electronic Licensing Applications - Council cannot reject paper applications Decision in Matthew Taylor v MCC & TCG Bars Limited Proposals to fiddle with the licensing regime again - another Home Office consultation Premises Licence lapsed? Company struck off - can't trade - we can help Live Music Act 2012 comes into force today! Edinburgh Licensing Board - licensing in Scotland Rusholme, Manchester - Licensing enforcement by Manchester City Council Fallowfield, Withington and Wilmslow Road - Act now for new Premises Licence or variation! LR Law to obtain Premises Licence for the Memorial Hall, Manchester LR Law secures Premises Licence for Festival No6 Portmeirion Anybody been threatened with suspension of Premises Licence for failing to pay annual fee yet? Need to apply for a TEN for Manchester Pride or Liverpool Pride? Manchester City Council - New cumulative impact policy consultation LR Law helps Blackpool Council curb activities at rowdy guesthouse Lifting a firearm prohibition Lapse of Premises Licence - been told to cease trading? Revised Guidance to Licensing Act 2003 PCT's now Responsible Authorities Applying for a Premises Licence Premises Licence suspension - non payment of annual fee TEN applications deadline - last chance! Tobacco "plain packaging" consultation opens Premises Licence hours - British Summer Time enforcement Licensing helpline - late notice TEN applications Late Night Refreshment - Apply for a Premises Licence LR Law wins Premises Licence review appeal against Knowsley MBC Euro 2012 football tournament - licensing Appeal a Premises Licence decision Changes to Temporary Event Notice (TEN) procedures Licensing Act 2003 - Special Policy areas Cricketers appeal - decision awaited Shandy licence - is it "alcohol"? Pavement cafe licences - get applications in now! Street Trading Licence - can a car park be a street? Tobacco Displays made Illegal British Summer Time Diamond Jubilee Licence Extensions Don't Let Olympics Risk Your Licence - Doorstaff The benefits of independent test purchasing Illicit "Drop Vodka" Our New Website - at last! Cricketers, Wavertree - appeal to go ahead on 19th March 2012 View latest newsPremises Licence suspension - non payment of annual fee - Wednesday 18th April 2012
From 25th April 2012, s.120 of the Police Reform and Social Responsibility Act will amend the Licensing Act 2003, so that Councils must suspend a Premises Licence (or Club Premises Certificate) if the holder has failed to pay the annual fee.
There is a "grace period" of 21 days before the Licence will be suspended. If failure to pay was due to an administrative error or the amount of the fee is disputed, the Licence will not be suspended. Notice must be given to the Licence holder 2 working days before the suspension takes effect. The suspension ceases to have effect on the day the Council provides a receipt for payment of the fee.
Councils will notify forthcoming suspensions to the Licence holder at the address held on their records. However, a notice may not come to the attention of the Licence holder and therefore it is likely that licences will be suspended (and offences committed) even if the holder is not aware of this.
I imagine that the helpline will be busy with callers whose Licence has been suspended over a busy weekend when it may not be possible to obtain a receipt for payment of the fee. If payments are made online via the Council's website, it is unclear whether payment confirmation will constitute "written acknowledgement of receipt of the fee". When assisting operators caught out by this provision, we would argue that a receipt for payment online does qualify and that licensable activities can proceed.
The time frame for introduction of locally set licensing fees will be announced by the Government later this year.
Richard Williams - LR Law - Licensing Solicitors