The Licensing Act 2003 (“the Act”) reaches its twentieth anniversary this year, after coming into force in 2005. Twenty years on, a government taskforce has been established to review key aspects of the Act.
The taskforce was established on 9 April 2025 and ran until 16 May 2025. It brought together representatives from government, industry, police and local government, to make recommendations delivering effective change in the licensing system to foster vibrant hospitality, night-time economy and the creative and cultural industries.
The recommendations also encourage socially productive growth whilst at the same time ensuring that there is no dilution of the strong controls within the Act.
The taskforce produced ten recommendations based on the ability to deliver business growth, improve proportionality and transparency, safeguard the licensing objectives and improve the licensing regime over future years. We have summarised each recommendation below and included the Government response to each recommendation alongside commentary.
Recommendation 1: The introduction of a National Licensing Policy Framework
The National Licensing Policy Framework is designed to ensure statutory consistency and a national policy which is harmonious across licensing authorities whilst at the same time allowing local authorities their decision-making powers.
The framework would sit between the Act and the statutory guidance to address areas to support growth and consider wider benefits of licensed premises culture in statutory processes, without the need for primary legislation.
It would use ‘licensing circulars’ to explain elements or give direction to local areas to respond to evolving situations, again without the need for Parliamentary intervention.
There is a detailed breakdown of the recommended content in the taskforce report. This includes:
- implementing wider policy objectives
- adding a ‘necessary and proportionate’ requirement in licensing decisions and conditions
- for the Government Digital Service to host a central licensing forms facility
- a better link between licensing and planning regimes
Government response
The recommendation is welcomed and the merits of the framework acknowledged. However, the implementation of the framework would take significant time and require legislative changes. The Government queries whether key elements could instead be achieved more swiftly through amendments to Section 182 statutory guidance and a call for evidence on licensing reform is planned for in the summer. The Government is committed to continued support to Government Digital Service for alcohol licensing applications.
Winckworth Sherwood comment
It is difficult to see how the adoption of a framework would not make licensing more complex and so a cost to businesses. Sensible amendments to the Section 182 statutory guidance would seem to be the appropriate and proportionate way to go.
Recommendation 2: A one-time (twentieth anniversary) licensing condition ‘amnesty’ to modernise and streamline licensing
The reason for this recommendation is to allow an opportunity to ‘dust down’ licences that have outdated conditions from the pre-2005 regime. By introducing an ‘amnesty’ scheme, it would allow businesses, together with their licensing authority and police, the opportunity to ‘MOT’ the conditions on a licence to check that they are still fit for purpose.
Government response
The Government intends to deliver this as a practical and collaborative step towards modernising licences, subject to call for evidence outcomes. It intends to explore how this process can inform future definitions of minor and substantive variations.
Winckworth Sherwood comment
We are concerned that the amnesty would be approached in a plethora of ways by different authorities. It is essential that authorities are not given a mandate to “update” licences or their conditions without the agreement of licence holders. While many conditions will now be out of date, the wording of others have been hard won or negotiated by licence holders. Out of date conditions can be dealt with over time using the minor variation process. An amnesty as proposed would be a huge and costly exercise.
Recommendation 3: hearings and appeals
This recommendation is made to ensure that licensing hearings are more proportionate and streamlined. Specifically recommended is a strengthening of the objections procedure for responsible authorities with a minimum evidence threshold that must be met to ensure that they are backed by clear evidence.
Government response
The Government recognises the intention behind the recommendation, however acknowledged that it requires significant procedural reform, which the Government is not in a position to take forward at this time. Regarding the statutory appeals process, work is ongoing on the expected proposals for system-wide reform.
Winckworth Sherwood comment
The Section 182 Guidance can be updated to remind all parties making representations that they should be evidence based. Decisions taken at licence hearings should also be supported by evidence.
Creating a minimum evidence threshold could disadvantage local residents who should be allowed to voice their concerns about licence applications without fear of being tripped up by a legal technicality.
Recommendation 4: remove the hard-copy local newspaper advertising requirement
Readership of local newspapers has significantly declined so this is a cost for a licensed business that serves no meaningful purpose other than to provide a revenue stream to companies operating local newspapers. The requirement is not seen as necessary as there is already a requirement to display a physical hard copy notice on or near the premises and online.
Government response
The recommendation is noted and the Government will look at ending the requirement for printed statutory notices for alcohol licences given declining print newspaper circulation.
Winckworth Sherwood comment
We support this proposal – the requirement to advertise applications in local newspapers is a significant expense for applicants and in the digital world, serves little purpose.
Recommendation 5: improve the potential for licensed premises to better use their outside spaces by removing regulatory barriers, improving licensing decisions, simplifying processes and achieving greater consistency
The taskforce identified a number of areas where licensing of outdoor areas can be improved, and recommends, for example:
- Developing best practice guidance or licensing circular on how to allow for maximised trading in outside spaces
- Removing all COVID-related conditions on outdoor trading
- Ensuring that pavement licences are granted in perpetuity
- Granting off-sales provision automatically to all licensed premises, at no additional cost
- Greater ability for premises to trade in other outside areas on an interim basis
- Reviewing and removing unnecessary restrictions on live music in outside spaces
- Expanding the use of grants enabling cafes, restaurants to have outside seating
Government response
The Government will consult on options as part of call for evidence on the licensing policy framework. Government will work with stakeholders to explore updating the existing pavement licence guidance as part of call for evidence.
Winckworth Sherwood comment
We will be interested to see what this looks like. We agree that there should be greater consistency in the approach to outside tables and chairs. Any changes will need to consider the rights of local residents and those with accessibility issues.
Recommendation 6: increase the maximum entitlement for Temporary Event Notices (TENs) for licensed premises
This recommendation is to increase the automatic entitlement for TENs for licensed premises to generate new opportunities for existing businesses. The recommendation is for ideally, 25 TENs covering 30 days, but as a minimum, 21 TENs for a total period of 26 days per year (the same level as during COVID).
Government response
The Government acknowledges current regulations can at times be restrictive. As part of call for evidence, the Government intends to review the TENs entitlement maximum.
Winckworth Sherwood comment
We suggest that any review of the TENs process include questioning the need for a 24-hour gap between each TEN.
Recommendation 7: ‘sunset clause’ on blanket hours policies
The reason behind this recommendation is that blanket policies such as core hours were not in the original Act and there was no debate in Parliament when they were introduced. There are, as a result, policies running indefinitely with limited review.
Government response
The Government concurs that perpetually renewing restrictive policies based on outdated evidence constitutes poor practice. The Government will continue to develop this recommendation as part of the call for evidence to support consistency, transparency and fairness.
Winckworth Sherwood comment
We agree!
Recommendation 8: an arbitration, evidence and data protocol for licensing decisions
The taskforce identified issues around evidence and data as a consistent theme around many areas of licensing. A new protocol could be developed, to:
- Define clear evidence standards and thresholds
- Provide structure mechanisms for applications and objections
- Set out comprehensive procedural safeguards
- Enable the use of conditional or time-limited determinations
- Provide clarity for related areas when these are not set out in the Act or secondary legislation
There is a detailed breakdown of the recommended content in the taskforce report, including adding a ‘necessary and proportionate’ test, introducing an independent arbiter, a proximity test and improving evidence standards.
There is also a proposal to give licensing officers power to make recommendations to committee which has the highest weight to it, and clarification on CCTV not being required unless there is evidence that crime and disorder licensing objective requires it.
Government response
The Government acknowledges the need for clearer evidential standards and structured mechanisms for objections and reviews. It supports in principle the use of alternative dispute resolution methods and recognises the potential cost to business and the public purse for failure to resolve disputes early. The Government will seek further evidence through call for evidence before confirming how this could be taken forward.
Winckworth Sherwood comment
Business will support the reinstatement of “necessary”, an upgrade from “appropriate”. We have also always argued that CCTV should not be a standard requirement for all licensed premises. We are somewhat concerned at any suggestion that the licensing officer’s representation should carry more weight than any other.
Recommendation 9: festivals and events
The taskforce recognised that there is value in a review of licence length and fees for festivals and removing large event multiplies. The Section 182 Guidance could be updated to provide clear guidance around discretionary relief and additional advice on licence lengths.
Government response
The Government acknowledges the value in reviewing the licence length and fees for festivals and will consider this further as part of future reform in licensing, subject to wider consultation.
Winckworth Sherwood comment
We will reserve our position until further detail is available.
Recommendation 10: make the agent of change principle a factor that must be considered when making licensing decisions
The taskforce recommends stronger guidance or a mandatory requirement for licensing authorities to ensure that the agent of change principle is considered when making licensing decisions such as setting conditions on a licence.
Other considerations identified around agent of change include:
- A music venue should be able to register itself on the planning register
- The venue should be automatically notified of planning applications within a set radius
- Local officers trained in agent of change are consulted on planning applications
- A national set of standards is produced in planning guidance, including building design and noise attenuation
- Hospitality growth hubs and high street hubs require a proactive assessment by officers of agent of change
Government response
The Government acknowledges the recommendation and will explore how it can improve the implementation of the agent of change principle as part of wider planning reforms and will consult on a set of national policies for decision making this year. The Government will explore introducing hospitality/night-time economy zones and the role planning could play, subject to gathering further evidence as part of the planned call for evidence.
Winckworth Sherwood comment
We will again reserve our position here save to say that we hope that adoption of this proposal does not make licence applications more bureaucratic for the majority.
Further considerations
The taskforce also identified a number of considerations around reform of the Act itself. They recommended using, when the time permits, the Licensing Policy Framework and licensing circulars in the first instance.
These reforms include:
- Reviewing licensing fees
- Considering extended blanket hours for specific geographical area
- Removing early morning restriction order regulations
- A full comprehensive rewrite of Section 182 Guidance
- Ensuring that the upcoming move to Digital ID is reflected accurately
- Eliminating the need for use of paper documents/copies to be replaced by electronic copies and/or electronically validated authentication
- Exploring a pilot scheme with the Greater London Authority to provide the Mayor of London with new powers over strategic licensing, which could include a new ‘call-in’ power over licensing applications in areas of strategic importance such as the night-time economy
The taskforce identified areas of cross-over and related regimes in identifying creative solutions to unlocking growth and resolving issues with cross-Whitehall competence. These include permitted development rights, gaming, the Live Music Act and regimes such as taxi licensing, tobacco and vape, sports grounds and betting shops.
Government response
The Government notes that as part of any further work, a review of current mechanisms such as the Provision of Services Regulations and the Regulators’ Code would provide an opportunity to influence the licensing policy framework.
Winckworth Sherwood comment
We can think of many other changes, but space does not allow here. We would welcome the opportunity to participate in any call for evidence or consultation.
Next Steps
The Government response mentions a call for evidence on licensing reform in the summer and a promise of wider consultation, but there is no set time frame provided. There is also a mention of reviewing the TENs entitlement in the autumn. We anticipate that the window for providing evidence on the taskforce recommendations will open in the coming weeks.