Mudcat Café message #870607 The Mudcat Café TM
Thread #54636   Message #870607
Posted By: IanC
20-Jan-03 - 11:44 AM
Thread Name: Sign a E Petition to 10 Downing St PELs
Subject: RE: Sign a E Petition to 10 Downing St PELs
I was doing a bit of research on Friday and discovered that the original licensing legislation is based on a report by The Better Regulation Task Force. The complete report is HERE as a PDF file.

What's interesting is the attitude of the task force's report (as opposed to the bill) about regulation of small-scale events.

In particular, the following sections may be of interest.

3.1 Purpose of Regulation (para 2, bottom half of page 6)
says...
many of these objectives can also be and are being achieved by other means, e.g. ... public nuisance law, food and health and safety law.

3.2 Structure of the Regulatory Framework

Licensing of Community Premises(bottom of Page 9)
states ...
Licensing authorities must not apply conditions which are disproportionate and impractical ... Regard should be paid to the fact that community activities mat be run by volunteers with limitied time and resources. There is an opportunity here to consider whether licensing authorities need to be involved at all if suitable notification is given for an even to both police and local authority.

3.3 Licensing Conditions
Public Entertainment Licensing (bottom of page 14)
says...
Charges made for Public Entertainment Licenses are another area in which inconsistencies were drawn to our attention. The cost of licenses is not currently regulated and varies from one part of the country to another. There does not appear to be any paricular logic to the current system of charging with fees varying from less than 100 to tens of thousands of pounds for the same size premises. Again, there is urgent need for standardisation.


4. The Next Steps (bottom of page 22)
states...
We also consider that in some cases effective non-statutory solutions could completely remove the need for tighter legislative contols in the future

Annex B - Principles of Good Regulation
Targetting (lower half of page 25)
says...
The approach taken is aimed at the problem and not scatter-gun or universal
and...
Regulations are reviewed from time to time to test whether they are still necessary and effective. If not, they should be modified or eliminated.

Proportionality (top of pge 26)
says...
Alternatives to regulation are fully considered
and...
The impact on those affected by the licensing regulation is identified, establishing the right balance between risk and cost; no needless demands on those being regulated - think small first.
and...
Any enforcement action (i.e. inspection, sanctions etc.) is in proportion to the seriousness of the offence.

Hope this might be useful.

:-)