Mudcat Café message #1245196 The Mudcat Café TM
Thread #70681   Message #1245196
Posted By: The Shambles
11-Aug-04 - 05:58 PM
Thread Name: A little more news on Licensing
Subject: RE: A little more news on Licensing
Shambles,

There is only one thing wrong with your last posting. Whereas the licencing authority is the inforcement authority for existing PELs, the police are the enforcement authority for licences under the new Act. The only sanction that the licencing authority has is to review the conditions and apply harsher ones - essentially if the original ones are found to be ineffective in so far that when applied they do not prevent nuisance or any of the other licencing objectives. Consequently, if there is non-compliance the licencing authority's only real weapon is to try to persuade the police to prosecute. I suggest that it normally is extremely difficult to persuade the police to prosecute anyone.


Given the latest failed prosecution by the local authority in North Devon, and all the expense entailed in that, it would be nice if Richard P was correct. Sadly he is not.

See s.186(2)(a) of Licensing Act 2003: for the enforcing authorities.
Number one on the list: 'a licensing authority' - i.e. the local authority. The police are number 2 on the list (for Director of Public Prosecutions read police). So I am advised..........