Policy consultation on 'general attendance' requirements under the Liquor Licensing and Public Entertainments Act 2021
Feedback updated 18 Jun 2024
We asked
The Department consulted between the 10 November 2023 and the 08 December 2023 around a potential change to the 'general attendance' requirements for Licensees and Responsible People.
You said
The Department received 53 responses to the consultation. 34 responses were from businesses or organisations, 15 responses were from individuals and within the remaining 4 responses, the respondent did not indicate which group they belonged to.
The overarching trend that can be seen from aggregate responses to this consultation is the view of an extensive number of those respondents that the approach to general attendance should be one of greater flexibility. These views would, in essence, see licensees able to make a considered choice about how to determine when they can be absent and risk assess those circumstances themselves using their own experience and good judgement to make such a decision. A proposed package of measures has been prepared to bring forward such changes, and support good practices associated with them.
However, this enhanced flexibility does of course come with its own potential risks, and therefore the proposed approach set out below also refers to a 6 month 'pilot period' in which any changes brought will be monitored.
We did
The Department has proposed a package of measures that would, if approved by Tynwald, see enhanced flexibility and an associated risk managed approach to absence come into effect on 22 July 2024.
The documents contained within this package of measures can be found on the Tynwald Register of Business and are titled (and numbered) as follows:
- The Liquor Licensing and Public Entertainments (Amendment) Regulations 2024 [SD 2024/0176]
- The Liquor Licensing and Public Entertainments (Approval of Code and Guidance) Order 2024 [SD 2024/0177]
- The Isle of Man Licensing Forum Code of Practice and Guidance on Liquor Licensing [GC 2024/0006]
To ensure that this approach works and continues to maintain the Island's high standards with respect to the licensed hospitality industry and in accordance with the Licensing Objectives found at section 57 of the Liquor Licensing and Public Entertainments Act 202, the following further next steps are proposed.
If the Liquor Licensing and Public Entertainments (Amendment) Regulations 2024 and the associated Liquor Licensing and Public Entertainments (Approval of Code and Guidance) Order should be approved by Tynwald at the July sitting, a “pilot period” will follow between these measures becoming operational, and the end of the year (December 2024). This 'pilot period' will allow oversight of issues within the proposed approach and information about any incidents (whether requiring formal enforcement or not) that might take place in that period will be actively gathered by the Department and reviewed.
Additionally, feedback from members of the licensed hospitality industry, or the wider population of the Island, will be welcomed during this period and can be provided to the Department via the Isle of Man Licensing Forum or directly.
The findings of the review of the 'pilot period' will be published on this page following its conclusion, along with any additional next steps arising from that review.
Results updated 18 June 2024
Results updated 18 Jun 2024
Files:
- Policy consultation on 'general attendance, 525.7 KB (PDF document)
Overview
The Department of Home Affairs is undertaking public policy consultation around potential change to the 'general attendance' requirements for Licensees and Responsible People. These are presently set out at section 24 Licensee or responsible person to be on licensed premises at all times of the Liquor Licensing and Public Entertainments Act 2021 and supplemented by regulation 40 Presence on premises: exceptions of the Liquor Licensing and Public Entertainments Regulations 2022.
'General attendance' refers to legal requirements around the person or people responsible and accountable for operating a licensed premises (on-licence, off-licence, restaurant, club, etc) whenever that premises is open to the general public for sale or consumption of alcohol.
The consultation documents sets out the proposals for consideration. To ensure that the consultation content is accessible, detail around the proposals has been highlighted wherever possible.
Prior to this consultation, the Department has undertaken initial discussions with stakeholders to understand the appropriate options to be consulted on.
Consultees are also invited to keep up to date with the Department of Home Affairs Liquor Licensing and Public Entertainments Act 2021 Implementation Plan 2022 available on our Legislation page on gov.im, which sets out wider changes to be made to liquor and public entertainment licensing. The implementation plan is a 'living document', allowing for amendments and updates to be meaningfully recorded and published, such that the licensed hospitality industry may remain up to date with any upcoming changes proposed to be made by the Department.
Why your views matter
When the Department initially consulted on the draft Liquor Licensing and Public Entertainments Regulations in 2022, limited feedback was received around 'general attendance' matters. However, since the implementation of the new licensing framework, the Department has received extensive feedback that the practical application of the provisions is making it difficult for Licensees and Responsible Persons to comply with the law.
We are particularly interested to receive feedback from those who are impacted by the present 'general attendance' requirements, and want your input on the proposals being consulted on, so that we can understand the views of individuals, businesses and key stakeholders and explore what any changes might mean for you. We also welcome the views of all interested parties. We are committed to open public consultation, and any proposed changes will only be made following careful and considered engagement with key stakeholders and interested parties.
We would encourage consultees to read the proposals and make any comments or suggestions within the consultation response questionnaire. Additional space is contained within the questionnaire to provide a section in which consultees can make general comments which may not directly correspond to the proposals as detailed.
Responding to this consultation
You can respond to this consultation online by clicking on the 'Online Survey' link below. Alternatively you can download a paper version of this consultation in the 'Related' section below and email it to GeneralEnquiries.DHA@gov.im or post it to:
Summer Patrick
Business Support Officer
DHA Headquarters Building
Tromode Road
Douglas
Isle of Man
IM2 5PA
Alternative formats
The Department is committed to equal opportunities and our aim is to make our documents easy to use and accessible to all.
We will take steps to accommodate any reasonable adjustments and provide such assistance as you may reasonably require to enable you to access or reply to this consultation.
If you would like to receive this document in another format or need assistance with accessing or replying to this consultation, please email GeneralEnquiries.DHA@gov.im or telephone +44 1624 694305.
What happens next
A detailed Summary of Responses to this consultation will be produced and provided on the Consultation Hub in the weeks following the conclusion of this consultation. This will allow the Department to consider the responses and provide 'We asked, You said, We did' commentary.
We will review the results from the consultation which will be used to inform the final version of any Amendment Regulations, which will then be consulted on separately in due course.
If you wish to be informed as to when the future public consultation on any Amendment Regulations is live, please contact the Department via the details on the top right of this page.
Areas
- All Areas
Audiences
- Business owner
- All residents
Interests
- Legislation
- Business
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