Planning Inspector's Decision on Smoking Shelters
Changes to Tree Preservation Order Regulations
Rise in pre-nuptual agreements
Smoking in Hotels
DPS Proposals for community halls
Licensing Act Review
Planning Inspector's Decision on Smoking Shelters
A Planning Inspector recently returned a decision in relation to an enforcement notice that had been served on a public house in relation to an umberella used as a smoking shelter, at the same time granting planning permission. This decision goes a small way to redressing a double failure in relation to the smoking ban : First a failure to provide for the option of smokers pubs or non-smokers pubs, thus driving the pub frequenting smokers out of doors. Secondly not only failing to make specific provision for them out of doors, but compounding the error by putting restrictions on external shelters that increase the risk of smoke affecting surrounding properties and of noise and disturbance.
8.9.08
Changes to Tree Preservation Order Regulations.
On 1 October 2008 the Town & Country Planning (Trees) Amendment (England) Regulations 2008 will come into force.
They introduce a standard form for making applications to local planning authorities for consent to carry out works to trees that are protected by Tree Preservation Orders and aim to simplify the process for Tree Preservation Order appeals and appeals against Tree Replacement Orders.
For more information contact James Cain on 01202 551991
or e-mail jcain @hlf-law.co.uk3.9.08
Rise in pre-nuptual agreements
77% of solicitors have seen a rise in the number of pre-nuptial agreements and the volume of pre-civil partnership agreements and cohabitation agreements has shown a steep rise according to a recent survey conducted by Grant Thornton Accountants. For more information about these types of agreements, speak to one of our Family Law team.
6.8.08
DPS Proposals for community halls
The Government also published proposals today to reduce bureaucracy and costs for village halls and similar community premises that sell alcohol.
Currently every licensed premises must have a named premises supervisor, who has responsibility for authorising all sales of alcohol and must complete a training course. The Government is responding to concerns from community groups about the costs and difficulties in finding an individual volunteer to act as premises supervisor by removing this requirement, subject to agreement by the police.
Under the new arrangements, a management board or committee would have collective responsibility for the licence and supervision of the premises and the sale of alcohol. However the licence could still be reviewed if residents, the police or any other responsible authority had concerns and this could lead to the reinstatement of the requirement for a designated premises supervisor.
4.8.08
It has been announced that a review of the effects of the Licensing Act will take place in the near future. A committee of MPs will investigate :
- whether there has been any change in levels of public nuisance, numbers of night-time offences or perceptions of public safety
- the impact of the Act on the performance of live music
- the financial impact of the Act on sporting and social clubs
- whether the Act has led, or looks likely to lead, to a reduction in bureaucracy for those applying for licences under the new regime and for those administering it
- whether the anticipated financial savings for relevant industries will be realised.
More details will follow in due course
18.7.08
Smoking in Hotels
Horsey Lightly Fynn have been involved in advising a number of businesses throughout the country on how to comply with the law. On the anniversary of the introduction of the ban, Jon Payne says “Although smokers know the penalty for smoking, much of the responsibility for ensuring that people do not smoke falls to the owner of the building. The higher fines are directed quite clearly at those running businesses to ensure that they have the correct signs on display and do everything that is reasonable to prevent people from smoking. Hotels and other businesses should make it absolutely clear to guests where they can and cannot smoke and should train any staff to be aware of the law."
Some businesses have already fitted smoke alarms not just to detect a fire, but also to stop people from smoking. This might at first seem like a good idea, but there have been a number of incidents around the country over the last year where smoke alarms have been activated by tobacco smoke, resulting in the hotel being emptied during the early hours of the morning. Disgruntled guests have then threatened to sue the hotel. The best advice to hoteliers is to consider fitting a heat detector rather than a smoke detector in bedrooms where smoking is permitted, in consultation with the fire officer.01.7.08
Contact the team on 0800 043 053 8 or 01202 551 991