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ARCHIVES-NRA  August 2010

ARCHIVES-NRA August 2010

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Subject:

Magistrates' Court licensing records

From:

Bill Wexler <[log in to unmask]>

Reply-To:

Bill Wexler <[log in to unmask]>

Date:

Fri, 20 Aug 2010 15:16:05 +0100

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Thanks to everyone who responded to my original enquiry about Licensing Files.  Your responses were very helpful.  I am now sending a summary.  This is anonymised, except for the recommendations from The National Archives.  

Another interesting issue has arisen over the Register of Licenses 1995-2004.  This was deposited in the form of an obsolete ICL/Fujitsu computer which uses a programme called 'LIS' ('Licensing Information System').  Our IT expert is now working to recover the data.  

Now here is the summary of responses about Licensing Files:

(1) TNA guidance (not mandatory) 
As for the licensing files created prior to the transfer of the function to local authorities [2005], we have the following guidance:
Licensing registers: permanent preservation.
Licensing files: select on the basis of local significance and/or architectural, historical, social and cultural interest.  Specific criteria include:
· Licensed premises built before 1700;
· Licensed premises in buildings that exhibit architectural merit/character 1700-1914;
· Examples of significant/typical building types 1914-present;
· Licensed premises in unusual/atypical locations, eg. Theatres, other entertainment and sports venues;
· Buildings that have undergone significant change and development, eg, change of use to or from licensed premises as part of regeneration;
· Licensed premises less than 30 years old of unusual or outstanding architectural design or exhibit pioneering design features for licensed premises;
· Grade I and Grade II listed buildings.

Licensing Occasional Permissions: destroy 3 years after the expiry of the last permission granted to an organisation or branch.

(2) We went to look at some magistrates’ courts records last week, the bulk of which turned out to be licensing files.  We felt that the information in them was duplicated elsewhere and that therefore they were not worth keeping.  We’d be interested to know your solution to this.

(3) Your e-mail struck a chord with me, as, after the arrangements changed (in 2005 rather than 1995, which I assume was a typo) I spent many hours in magistrates' court buildings in several parts of --- sorting through licensing files.
We did draw up some guidelines at the time, but I don't appear to have kept them.  From memory, where we had the time to sort through the files properly, we kept those which related to licensed premises in buildings which were of particular architectural or historical interest, and/or were listed.  In a number of cases the files contained plans (and sometimes photographs) of licensed premises which went back to well before the Second World War, and these were certainly worth keeping, although, in the instances where we were able to appraise the files properly, I'd say we only ended up keeping about 10-15% of them.  The vast majority mainly contain information which is, as you say, duplicated elsewhere, or is unlikely ever to be very useful or interesting. 
If you can spare the staff time it's best to arrange to spend however long you need going through the records in situ and being ruthless.  In one case, for reasons I can't remember, we didn't have the opportunity to do that and ended up having to bring back everything the court had.  Weeding that series has been on my mental 'to do list' ever since and will probably remain there until I retire!

(4) I was offered the series for --- a little while ago - we refused to take them.  I believe the court then destroyed them as the District Councils did not want them either.  Our reasons were as yours - the information can all be found elsewhere including in the court's own licensing registers which we have.

(5) We're going through a similar process at the moment with our local Magistrates.
It is unlikely that we would want to keep the entire contents of each file as much of the [contents] is either:
- available via the licensees register
- of limited archival value
- duplicates of other items
- available elsewhere

On looking at a sample of 5 files, I would say that the only items we really need to keep are:
- Fire Service plans – layout of premises concerned
- Fire Service reports and recommendations
My reasoning for keeping [the Fire Service plans and reports] was really twofold - one being that they'll still be applicable to the premises (and we've had calls from the Fire Service in the past for historic plans in fire investigations) but also they're really quite detailed and provide a wealth of contextual information about the premises (even down the positioning of doors, sockets etc).  They were really only the really 'unique' aspect of the files as everything else was duplicated in the main register of licensees or newspaper cuttings about licensees etc which weren't greatly valuable. This could just have been the filing system of our court, as I'm unsure if there's any national guidance about what needed to be in the files or if it was just up the courts themselves to decide.  This would also cut down significantly the bulk of the files themselves, though it must be stressed the files are not large in themselves, just numerous.

I would also recommend keeping one example of each file type complete as specimen.

(6) There must be a nationwide drive going on to get these files transferred! I visited our local courts yesterday to look at the files for --- and we are now considering our selection criteria.
My initial impression of contents was very similar to yours. I think all the stuff about licence renewals, transfers etc should be recorded in the Registers, which ought to be coming to us for permanent preservation in due course, so I wasn't planning to keep this material, although I might select a few files as a sample to show the process. What interested me most were the plans of licensed premises, and I am thinking of stripping these out of the files (going against the old mantra of keeping a whole file or not at all).
We are still at an early stage of agreeing our approach so I'd appreciate hearing what you eventually decide to do.

(7) This isn’t very helpful I know- but we have the same issue at --- Archives.  Would be interested to hear of any suggestions/advice you get - could I encourage you to share with the list?

(8) I'm shortly to tackle cataloguing our Magistrate's collections (which are currently only really box listed).  I don't think there are any of these files in them, but if there are I'd be interested to hear the responses!

Yours sincerely
Bill Wexler, Public Service Archivist
Suffolk County Council, Adult and Community Services, Suffolk Record Office (Lowestoft Branch), The Library, Clapham Road South, LOWESTOFT, Suffolk NR32 1DR
Tel: (01502) 405362. E-mail: [log in to unmask]
This message and any attachments accompanying it are intended for the named addressee only, and may contain information which is privileged, confidential or prohibited from disclosure or unauthorised use. Any use, reproduction, distribution, disclosure or modification of this e-mail message or its attachments other than by its intended recipient is strictly prohibited by the sender. If you have received it in error, I apologise and ask that you delete it and inform me immediately.
The views expressed may be personal and do not necessarily reflect those of Suffolk County Council

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