Shisha cafes in Manchester which illegally allow customers to smoke indoors have racked up fines of more than £20,000 from ten prosecutions in the past year.

Nine out of ten of the cafes – where customers smoke flavoured tobacco through pipes – are in Rusholme, where shisha bars are now outnumbering curry houses on the famous Curry Mile.

Smoking laws mean the cafes are allowed to permit smoking outside but not indoors.

The latest café was prosecuted when Manchester council officers saw the cafe flouting the law on repeated occasions. Four warning letters were issued to the company who run the businesses and the manager was interviewed under caution but the problem did not stop.

Magistrates fined the company £2,000 plus £2,074.63 costs. The council and NHS Manchester have been running an awareness campaign about the health risks of shisha and the risk of prosecution for smoking indoors.

Coun Nigel Murphy, Manchester council’s executive member for the environment, said:

“We will not allow shisha cafe bars to flout the law. We will continue to crack down on these offences and target cafes that allow shisha smoking indoors. Our present campaign is highlighting the health risks of smoking shisha, which many people are unaware of, but as well as this we will be enforcing the legislation which means that anyone caught smoking indoors will be liable for a £50 fine.”

From 1^st July 2007 all premises which are enclosed or substantially enclosed and operate as business premises are subject to a ban on smoking anything that can be smoked, including cigarettes(including herbal), cigars and pipes (including shisha).

The legislation, when introduced, was intended to be straightforward but the definition of enclosed premises is complex and careful calculations are required to determine whether a building is fully or substantially enclosed. If you are a premises owner or manager and you are considering outside smoking shelters, or converting a part of your premises over to a smoking area, you should seek legal advice before making a potentially costly mistake. Call our licensing team on 0800 32 888 46.

A pub in Shropshire has been forced to shut its doors temporarily in November by the local licensing authority due to a number of sales of alcohol to underage customers. An 8-month Trading Standards and Police operation found the pub to have sold alcohol to minors on a number of occasions between December 2011 and July 2012.

Section 146 of the Licensing Act 2003 makes it a criminal offence to sell alcohol to anyone under 18 years old. There are defences available if it can be established that the seller believed that the customer was over 18 years old and;

1. They took all reasonable steps to establish their age, or

2. Nobody could have suspected from their appearance that they were under 18.

If you are an owner or licence holder of a premises you will be responsible for any underage sales made by your staff, even if you are not present when the sale took place. However, it is a defence if you can establish that you have exercised all due diligence.

For more information on how to avoid prosecution and the defences available, contact one of our licensing team on 0800 32 888 46.

Venues in England and Wales with a capacity of under 200 people will no longer need a licence for live music.

The change in law is part of a government move to free businesses from red tape, which ministers say will give them more freedom to grow.

UK Music, which represents the music industry, estimates that the Live Music Act could enable 13,000 more venues to start holding live music events.

Live unamplified music can also now be played in any location under the act.

Musicians and business owners have welcomed the change, which will allow live music to be played between the hours of 08:00 and 23:00 but it has not proved popular with noise campaigners.

The Noise Abatement Society said there will be a “dramatic rise” in noise complaints that will “set residents at odds with local businesses”.

Business Minister Michael Fallon said: “From today businesses are freed from the red tape that holds them back.

He described the previous rules that affected pub gigs and small live performances as “over-the-top bureaucracy that stifles community groups and pubs”.

“We’ve set ourselves the challenging target of scrapping or reducing a total of 3,000 regulations. I’m determined to slim down regulation and make Britain an easier place to start and run a business,” Mr Fallon added.

The change was introduced through a private member’s bill, introduced by Liberal Democrat Don Foster, in order to amend some of the bureaucracy imposed on gigs by the 2003 Licensing Act.

The MP from Bath steered the bill through the House Of Commons on behalf of his Lib Dem colleague, Lord Clement Jones. The success is a relatively rare example of a House of Lords private member’s bill making it into law.

However, the government has made it clear there would be no changes on the rules controlling gatherings of more than 5,000 people, boxing and wrestling, and events such as lap-dancing clubs classed as sexual entertainment

The Commons Culture Committee has urged further deregulation of the gaming and betting industries in recognition of the “global” nature of gambling.

Casinos should be able to relocate more easily while betting shops could be allowed more slot machines, it said.

But the MPs also called for specific research into the risks of problem gambling among children.

Rules to protect vulnerable groups should be rigorously enforced, it stressed.

Publishing a report into the UK’s gambling laws, the cross-party committee said the 2005 Gambling Act – which sought to liberalise the industry – had resulted in “numerous inconsistencies”.

The legislation, which came into force in 2007, relaxed some of the regulations surrounding gambling, including restrictions on betting shops, casinos and online gambling operators advertising on TV.

Critics of the bill feared it would increase cases of problem gambling and the bill was diluted to reduce the number of new regional “super casinos” awarded licences to one, and smaller casinos to 16.

‘Betting clusters’

The MPs said the row over casino expansion at the time demonstrated that decisions over whether new licences should be approved should be taken by local authorities, not by “central diktat”.

The committee said restrictions should be lifted to allow operators to relocate outlets to new areas if they have council backing.

The report also says limits on the number of gaming machines in High Street betting stores may have unintentionally led to multiple bookmakers opening next to each other to “satisfy customer demand”.

It recommends bookmakers be allowed to have more than four machines in each store with stakes of up to £100 and a £500 prize, if it can be shown to reduce “clustering” of betting stores.

Among other recommendations are:

• Up to 20 high-stakes gaming machines allowed in casinos with most strict access rules
• Online gambling taxes set at “correct level” to encourage offshore firms to return toUK
• Lower licence fees for independent bookmakers
• A new public information campaign on problem gambling
• Review of Gambling Commission’s budget to reduce overheads

John Whittingdale, the Conservative MP who chairs the committee, said his colleagues supported further liberalisation where appropriate and decisions being taken at a local level rather than by central government or by regulators.

“While we recognise the need to be aware of the harm caused by problem gambling, we believe there is considerable scope to reduce and simplify the current burden of regulation,” he said.

“The ‘reluctantly permissive’ tone of gambling legislation over the last 50 years now looks outdated.

“It is also inadequate to cope with the realities of the global market in online gambling, and even seems ill-equipped to cope with the realities on our High Streets.”

‘Product choice’

Appearing before the committee last year, Culture Secretary Jeremy Hunt acknowledged gambling laws were “inconsistent” and policy was “in limbo” in certain areas.

But he ruled out any imminent changes amid concerns over how best to tackle the issue of addiction.

The casino industry said modest changes to existing regulation, such as “harmonising” the number and type of gambling products, could increase jobs and tax returns without any new outlets opening.

“The availability of gambling on the internet now renders many of the restrictions on land-based casinos irrelevant,” said Malcolm Moss, chair of the National Casino Industry Forum.

“We welcome the committee’s endorsement that our casinos provide the safest places for gambling and therefore now deserve to offer the widest product choice.”

Anti-gambling campaigners have said they are against further expansion.

Jake Brindell, a former gambling addict who now runs a website to help people with their problems, says the gaming industry and Treasury would see an increase in their “coffers” but problem gamblers would “suffer”.

He added: “Who’s going to pay for most of that? It’s the person on the High Street.

“The more opportunities people have got to gamble, the more people are going to gamble.”

Manchester City Council have issued a consultation document regarding a proposed cumulative impact policy for South Manchester, in particular, Fallowfield, Withington and Wilmslow Road.

This will create a presumption that new applicants or existing licence holders applying for variations to their licence, will be refused unless it can be shown that granting the application would have no negative cumulative impact. The deadline for responses to the proposal is 24^th August and if successful is likely to be implemented in Autumn/Winter of 2012.

Operators thinking of applying for a new licence or variation on an existing licence should act now, as it will be more difficult to obtain if the police is implemented. If you are a licence holder in any of the affected areas and are unsure how this will affect you, call us for advice. Alternatively if you looking to apply for a new licence or a variation and are now unsure whether to proceed as a result of the new proposals call 0800 32 888 46.

The following important changes will apply to applications made, or Temporary Event Notices given, on or after 25 April 2012:

The Licensing Authority will become a Responsible Authority and will be able to make representations on licence applications and call for licence reviews for the first time.

NHS Trusts will also be classed as Responsible Authorities and so will be able to make representations to licence applications and call for licence reviews.

Residents representations will no longer be limited to residents living in the vicinity of a particular premises. In future any resident or business within a relevant council area will be able to make relevant representations on applications made to a local Council’s Licensing Authority or call for reviews of any premises licensed within a Council area.

Notice of every application for the grant or variation of a premises licence will be posted on the Council’s website.

When determining contested applications or licence reviews the Licensing Authority will ask itself what is “appropriate” rather than what is “necessary” as is currently the case.

The Licensing Authority MUST suspend a licence due to non-payment of annual fees, unless there has been an administrative error.

The maximum fine for persistently selling alcohol to under-18s has doubled to £20,000 and the maximum length of the period of voluntary closure (as an alternative to a fine) has increased from 48 hours to 336 hours (14 days).

The Council’s Environmental Health Department will be able to object to Temporary Event Notices (TENs) as well as the Police and the grounds of objection are widened to include all four licensing objectives. If there is an objection the Licensing Authority can attach conditions to the Temporary Event Notice.

The maximum duration of an individual TEN has been extended to one week

The maximum number of days in a calendar year during which a premises may operate under a TEN will be increased from 15 to 21 days.

It will be possible to give a limited number of “Late” TENs five clear working days in advance of an event

The Association of Convenience Stores (ACS) has urged retailers to check and upgrade their systems to prevent under-age sales, as changes to licensing laws introduced today (25 April) increase the powers of local authorities to review or revoke alcohol licences.

The changes taking effect include:

• A reduced evidence threshold to undertake a review of a licence that may lead to additional licensing conditions or the revocation of a licence;
• The removal of the vicinity test, which will mean that objectors to an existing or new licence will not have to live or work near that premises;
• Licensing authorities and public health agencies becoming responsible authorities, which will mean they can raise objections to a licence;
• An increase in the maximum fines that can be levied to £20,000.

ACS Chief Executive, James Lowman, said: “From today, it will be harder to get and keep an alcohol licence. Best practice in preventing under-age purchases is now essential for businesses who want to safeguard their future.”

“These changes also highlight the importance of forging links with local decision-makers. Your local licensing officer, police, Councillors and health agencies need to know that you are a responsible retailer and a force for good in the community, so you need to tell them loud and clear.”

ACS is working with the government on its Alcohol Strategy, which contains further challenges for retailers including restrictions on multi-buy promotions, the introduction of public health as a licensing objective, and the introduction of cumulative impact policies to control the number of licences in an area. ACS has also submitted evidence on the introduction of Early Morning Restriction Orders (EMROs) and the Late Night Levy, both of which seek to limit the impact of premises open late at night.

An influential group of local government officials wants to see health experts given a say in the issue of licences to off-trade retailers.

The Local Government Association says government plans for minimum unit pricing will fail to curb health and antisocial behaviour problems associated with binge drinking, and sees tighter controls on the availability of alcohol as a main priority instead.

David Rogers, chairman of the LGA’s community wellbeing board, said minimum unit pricing would lead to cash-strapped consumers seeking out smuggled and counterfeit alcohol instead of buying from legitimate retailers, increasing the health concerns that the proposed legislation aims to eradicate.

“We are concerned that targeting cheap alcohol could push people to the black market and cheap drinks”, Rogers said. “When drinking counterfeit brands, you can never be sure what you are putting in your body.

“People who think they are getting a bargain could end up making themselves blind or even drinking themselves to death.”

“National gestures such as minimum pricing and banning multibuy discounts will only go so far in deterring binge drinking and don’t take into account the varying issues in town and city centres across the country.”

Rogers’ comments came in spite of several local health authorities across England formulating their own plans for unilateral minimum pricing over the past three years, before the current UK Government came out in favour of national legislation on alcohol pricing.

Rogers called for a veto on licence on public health grounds and added: “We need to see councils given the powers and flexibility to tackle problems locally. We need a system that allows local authorities to act on the concerns of the people in their area by saying no to a new late-night club on a street that is already saturated with them.”

“We also want to see health experts given a say on whether the opening of a corner shop selling cheap booze could contribute to alcohol dependency in a particular area.”

The LGA’s call came as fresh doubts were raised about the legality of minimum unit pricing.

Press reports suggested that drinks industry officials were told at a meeting with “high-ranking Treasury officials” that minimum unit pricing would raise legal concerns. 

The meeting took place three days after David Cameron announced the measure on March 23.

A Treasury spokesman said this week: “The government continues to take legal advice on this subject and will consider any potential legal implications as part of its forthcoming consultation [on its alcohol strategy].”

Two taxi licensing officers have been suspended as part of a financial investigation by Trafford Council, the BBC understands.

 It is understood the inquiry is focused on allegations that officers accepted payments to issue licences quickly.

A spokeswoman said it was “inappropriate” to comment on the taxi licensing team members’ suspensions.

Greater Manchester Police has confirmed the force is also investigating the allegations.

A source told the BBC that allegations had been made that a number of “bungs of up to £300″ had been taken to issue licences before the administrative process had been completed.

Trafford Council charges £184.50 for a private hire or Hackney cab licence and requires drivers to be a fit and proper person aged over 21.

The council’s website states that driver checks and administration should take up to eight weeks from the receipt of an application.

Local authorities will be able to charge a levy on drinking establishments with late-night licensing under the government’s crackdown on alcohol abuse.

The receipts from this levy would help fund the extra policing costs associated with late-night drunkenness.

The proposal is included in the Alcohol Strategy, launched by the Home Office today. This promised, for the first time, a minimum unit price for alcohol. Views are also being sought on a ban on multi-price promotions in shops.

Home Secretary Theresa May said the effects of dangerous drinking meant ‘a sensible price’ needed to be put on drinks that cause harm.

‘Cheap vodka, super-strength cider and lagers will go up in price. The dangerous drinks will become more expensive; the price of a normal pint in the local pub will not increase by a single penny.’

Other measures being flagged up in the strategy will take effect following the passage of the Police, Reform and Social Responsibility Act 2011. These include rights for all community residents to object to licensing applications, not just those who live close to the premises. Authorities will also have tougher powers to crack down on irresponsible premises and suspend licences.

The Local Government Association said national gestures such as minimum pricing would go only part of the way towards tackling binge drinking.

The chair of the LGA’s safer and stronger communities board, added that the licensing system needed to allow councils to respond to people’s concerns and refuse late-night licences in areas already saturated with such places.

‘As well as paying for policing, the introduction of a late-night levy for pubs and clubs should also ensure that local authorities are properly resourced to check licensed premises are keeping to the conditions of their licence like pricing, capacity and opening hours,’

A spokesman for the Association of Chief Police Offices, said he welcomed any approach that helped reduce the supply of cheap drinks and gave communities a greater over the availability of alcohol in their areas.

‘Week in week out in town centres across the country, the police have to deal with the consequences of cheap alcohol and irresponsible drinking.  The growing trend for “pre-loading” means that young people are often drunk before they even enter a bar. By the time they hit the streets at closing time they are more likely to get involved in crime and disorder or injure themselves or others.’