The proposed changes primarily focus on refining the ‘general attendance’ requirements for Licensees and Responsible People.
The proposed adjustments aim to address concerns raised by stakeholders and the licensed hospitality industry regarding the practical application of the current provisions.
‘General attendance’ refers to the legal requirements on person(s) responsible for operating a licensed premises (on-licence, off-licence, restaurant, club, etc.). Currently, if a licence holder is avoidably absent or absent for more than 2 hours without an approved alternative manager being in place, they are considered to be in breach of the licensing laws.
Feedback on the original regulatory framework was limited, particularly around general attendance. The Department has carried out extensive engagement with the licensed trade since the new law was introduced and is aware that this element of the legislation is proving challenging for those in the trade.
In particular, the Department understands that the application of the general attendance requirements in law is making it difficult, especially for smaller businesses.
Minister for Justice and Home Affairs, Jane Poole-Wilson MHK, states:
‘This consultation is an important part in ensuring that the regulations surrounding ‘general attendance’ align with the needs and challenges faced by those in the hospitality sector while upholding the licencing objectives, particularly that of maintaining high standards in the licensed trade. We are listening to licence holders when they tell us that the current provisions aren’t practical, and are looking to address the issue. Public feedback is also invaluable in shaping the policy to help serve the communities it affects.’
The consultation is available on the consultation hub, and will run until 8 December 2023.
Responses can be submitted online, via email to generalenquiries.dha@gov.im or paper responses can be sent to Summer Patrick, DHA Headquarters, Tromode Road, Douglas, IM2 5PA.
