Session 2008-09 28 January 2009


Draft Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009

The draft Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009 and Explanatory Document (ED) were laid before Parliament on 8 December 2008 under section 14(1) of the Legislative and Regulatory Reform Act 2006 (LRRA).

The draft Order proposes a streamlined procedure for applying to make minor changes to the licences of licensed premises which would dispense with the requirement to consult in all cases with responsible authorities such as the police. Instead, licensing authorities would have discretion on whether to consult the responsible authorities.

In addition, there would no longer be any requirement to advertise proposed minor changes nor any ancillary right to make representations to the licensing authority, although the general right to apply for review of a licence would remain. The Committee believes that some form of prior notification even of relatively minor changes remains appropriate in order that licensing officers can take informal representations into account. It has therefore recommended amendment of the Order accordingly.

The Government has proposed that the Order be dealt with under the negative resolution procedure. However, in order that the suggested amendment might be incorporated into the final text, the Committee recommends that the procedure on the draft Order be upgraded to super-affirmative.

The Committee's assessment of the draft Order will be published as its Second Report of the 2008-09 Session at 2.00 pm on Thursday 29 January 2009. It will be available from Stationery Office outlets (Ref HC 209).

The text of the report will also be available on the Committee's website from 3.30 pm on the day of publication. (www.parliament.uk/regrefcom)

Notes for Editors

The Regulatory Reform Committee (previously the Deregulation and Regulatory Reform Committee) is appointed to consider and report to the House on draft Legislative Reform Orders under the Legislative and Regulatory Reform Act 2006. Its full remit is set out in S.O. No. 141.

The Members of the Committee are:

Andrew Miller , Labour , Ellesmere Port & Neston (Chairman)
Gordon Banks , Labour , Ochil and South Perthshire
Lorely Burt , Liberal Democrat , Solihull
Mr Quentin Davies , Labour , Grantham and Stamford
Mr James Gray , Conservative , North Wiltshire
John Hemming , Liberal Democrat , Birmingham, Yardley
Mrs Sharon Hodgson , Labour , Gateshead East & Washington West
Mr Stewart Jackson , Conservative , Peterborough
Judy Mallaber , Labour , Amber Valley
Dr Doug Naysmith , Labour Co/op , Bristol North West
Mr Mark Prisk , Conservative , Hertford and Stortford
Mr Jamie Reed , Labour , Copeland
Mr Anthony Steen, Conservative, Totnes
Phil Wilson , Labour , Sedgefield

For further information on the work of the Committee, contact Liz Booth, Committee Assistant (020 7219 2837); or see the Committee's website www.parliament.uk/regrefcom