Time has been called on licensed premises with the deadline for applications under the new licensing laws now nearly a month old.

If you sell alcohol, put on entertainment or serve hot food after 11pm, then you must have a licence under the new rules, which come into effect on November 25.

Prior to August 6, it was a relatively straightforward procedure to have your existing licence converted. But what happens now if you didn't apply in time?

There is still time before the November deadline to apply, but you are relying on the speed and goodwill of your local council. All may not be lost, but it depends on where your business is based.

Time is of the essence. Once your application has been received, the local authority has two months in which to make a decision.

That does not mean that they cannot rush through your application, but at the very latest applications should be in by the middle of September.

In my experience, some local authorities have been very good at planning ahead and reorganised staffing levels to cope with the changes in the law. Some of our clients already have their new licences.

However, some are still waiting to hear about applications sent in earlier than some we have already heard back on.

There are a number of requirements under the new system which must be met and may be costly.

The new law requires licensees to have a personal licence as well as the venue holding a premises licence.

Prior to August 6, any person who held an old licence automatically got a personal licence. Now the deadline has passed, that no longer applies.

These people now need a new licensing qualification to get a personal licence. To qualify, you must have attended and passed a recognised one-day course with an exam, and places will be in demand.

Applications must include a schedule of how the business is run. A designated premises supervisor must be named, and they must hold a personal licence.

If you are thinking of going into the licensed trade, beware. The outgoing licensee may not have applied for a premises licence, so you will have to.

Meanwhile, anyone still licensed under the old system who wants to vary their licence must go to the magistrates' court as normal. Courts are still holding licensing sessions until November 25.

- Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: ??/??/2004