Licensing Applications

News: Consultation on Mandatory Code – Last Date for Submissions 5 August 2009

  • Date: 30/07/2009
  • Author/Solicitor: Andrew Grimsey

As readers of previous eNews will know, the Government is proposing to bring into force, via the Policing & Crime Bill, the right of the Secretary of State to issue up to 9 mandatory conditions that could apply to all licensed premises; and for Local Authorities, up to 16 discretionary conditions that could apply to two or more premises in their local area following consultation. The Bill draws together a number of disparate policy issues on policing and crime, of which the proposed mandatory code and conditions on alcohol are a small but significant part. This eNews relates solely to the proposed code and conditions.

The Home Office is presently running a series of 10 events around England and Wales as part of the consultation on the Code of Practice for alcohol retailers. Most have been fully booked and have been attended by a wide range of stakeholders, including the alcohol retail industry, licensing and enforcement, and health bodies.

My colleague Nick Walton and I have attended one each of the events in the Midlands, and the Government appears to be getting what would be called, in the vernacular, a "pasting". Whilst a purely anecdotal and personal view, and in no way seeking to predict the final outcome of the consultation, our present impression of how the Government's proposals have gone down at these events can be summarised as follows:

• There is a strong health agenda driving this legislation and both local and central health officials speak at - and to a large extent drive - these events.

• Whilst everyone wants a wide-ranging debate on the health effects of alcohol, to make health the driving force behind a Bill entitled "Policing & Crime", which itself amends a Licensing Act whose objectives specifically do not include public health, is the wrong way to go about it.

• Many delegates want a much wider debate including education in schools and colleges; cultural and historical influences - and to address alcohol consumption not as a 'stand alone' issue but as part of the wider health and social issues that face our society.

• There is a strong sentiment that the existing powers granted to Licensing Authorities, Police Forces and other enforcement agencies are more than sufficient to deal with local problems (although resources is a separate matter).

• As each of the two events that we attended progressed, the more the proposals were explained and justified, the stronger grew the opposition. Going far beyond its stated intention of further preventing alcohol-related crime, disorder and nuisance, the proposed new Code of Practice amounts to an interference with the commercial freedom of alcohol retailers, and particularly the on trade.

As I mentioned earlier, this is only a personal impression of the two roadshow events that I and a colleague attended. Speaking for my table alone, I have rarely heard so many different stakeholders speak with such a unified voice.

The last date for online submissions about the Government's proposals is 5 August 2009. Clicking on this link will take you to the consultation window - http://www.homeoffice.gov.uk/documents/cons-2009-alcohol/

For more information please contact Andy Grimsey .