Will the s182 Guidance be up for reconsideration?

Ah, now this is interesting, although it does show me up slightly. Having just said that the govt's standard procedure on anything alcohol-related is to refer to their pending review (which Gordon Brown did have the kindness to do in the Commons this morning) they've now gone a step further.

Check this out from today's House of Commons order of business:

Ms Harriet Harman - That the Guidance issued under section 182 of the Licensing Act 2003, which was laid before this House on 28th June, in the last Session of Parliament, be referred to a Delegated Legislation Committee.

Which means what then? Well, according to the Financial Times "A Downing Street spokesman said ministers were “actively considering” a tightening of legislation to defuse growing criticism from opposition MPs, health experts and police.""

So how does sending the Guidance off to a committee achieve that? From what I know of Delegated Legislation Committees they will be charged with quickly debating the Guidance and then have to report back to the Commons that they have done so. I think the Commons can reject the Guidance if they want but what would this achieve?

The Guidance is simply that - guidance for the Licensing Authorities and the Police to follow in the discharge of their duties. It can't override or modify the Licensing Act itself or the Regulations. Licensing Authorities must have regard to it but must deviate from it where necessary (eg when it was riddled with mistakes not so long ago).

Interestingly, there's nothing in the Licensing Act that refers to the hours premises can carry out licensable activities, there's just no barrier to applying for 24 hours a day. Could a revised Guidance put a barrier there? What about the premises that already have extended hours? Surely amending their licences would require some more serious legislative moves.

I'll be watching with interest.

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