Licensing Act - Consultation Document

The Government have published their consultation document on the proposed review of the licensing Act as highlighted in the previous article by Peter Adkins. With the trade given only 6 weeks to respond, the Government certainly seem hell bent on making changes, Peter looks into what changes they are proposing and the impact these could have.

Caroline Nodder, the Editor of the trade journal the Publican has commented in her opinion column that she is 'bothered' that the Home Secretary is going into a consultation ‘having already made up her mind. There can therefore be only one outcome – she will make sure it supports whatever she intends to’. It is very easy to agree with that view point.

There seems to be little in the Consultation which will actually addresses the supposed problem of the country being ‘blighted by crime and disorder driven by irresponsible binge drinking’. There is plenty in the proposals overall, but about the only one which will actually address alcohol consumption head on is the banning of below-cost sales. The true test of these proposals will be whether that survives and if it does, how it is regulated and enforced.

The Government have missed an opportunity to include an obvious proposal, one I have mooted for many years. They need to combine a ban on below cost sales with a ban on off sales to anyone below 21. I would leave the age at 18 for on-sales. In this way we would be encouraging young people learn to drink in a controlled environment. It would increase trade for Pubs and Social Clubs overnight and ensure that all young people are actively supervised in their drinking rather than being allowed to pre-load with cheap alcohol. The supermarkets may not be happy, but would they really be that sad to lose sales of below cost alcohol to youngsters who don’t normally go on to buy other products in the store?

But what of the other proposals? For too long responsible landlords have been suffering from customers coming in having pre-loaded from cheap outlets. The landlords take the flack for the poor behaviour whilst the supermarkets take the money. The Government is now suggesting they also take a financial hit if they are open late.

Fair or not fair? We all have our own viewpoint but is there really a problem to address? Has alcohol fuelled violence really got worse across the country or is it a question of the many being hammered for the faults of the few?

Caroline Nodder again discusses the governments statistics. ‘The ‘facts’ on which the Home Secretary considers herself ‘proved right’ are subjective to the point of being laughable if you look at them in any detail whatosever. For example the rise in figures for violent incidents happening ‘in and around’ pubs……… – in many cases these figures are based on victims being questioned about whether they had had a drink or been in a pub that day, regardless of whether or not the incident was drink related in any way’

I know, you can argue lies, damn lies and statistics. But there are sweeping powers under the Licensing Act already to control Premises Licences by Reviews and close them down - do we need any more powers and regulations? Are these powers actually being used – is there any evidence here for there being a widespread problem needing addressing? Any Responsible Authority can apply for a Review as can any interested party. These powers have been in force for some time so what information do we have about how they are being used?

Well the latest DCMS statistical bulletin shows that there were only 1100 completed reviews in the year 2008/2009. The main reason appearing for completed reviews was crime & disorder (730 reviews), this was followed by protection of children (500 reviews), public nuisance (470 reviews), and the least common reason was public safety (210 reviews). The police were the main responsible authority for instigating the review with 54%. Local Residents instigated 110 reviews - 10%.

Of all these Reviews only 170 licences or certificates were suspended and 150 premises licences were revoked or club premises certificates withdrawn.

These numbers seem high – but the same report advised that there were 197,900 Premises licences in force in England and Wales. This means that 0.5% of licences were reviewed, and only 0.15% had their licences suspended, revoked or withdrawn. These numbers do not tend to indicate a widespread problem.

Perhaps a more locally addressed solution is necessary with Councils being encouraged, and funded, to actually enforce the law?

For more information and to discuss how these changes could affect your business, contact Peter Adkins, Licensing and Gambling specialist.