The Bell Tolls for 24-Hour Alcohol Licences….
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Despite the lack of 24-hour drinking, many bars and clubs open later than they used to. Last year, there were 973,000 reported violent attacks where the offender was under the influence of alcohol - almost half of all violent incidents. Police have warned that their resources have been stretched to breaking point dealing with fights in the early hours.
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In an attempt to tackle this, the Government is introducing new powers to ban “early morning drinking” but have chosen to restrict such bans to between the hours of 3am and 6am. This is because of the findings of an evaluation published in March 2008, in respect of the 2003 Licensing Act. In particular, the evaluation reported:
"For the well-measured category of more serious crimes of violence, there was an increase in the number of offences committed between 3am and 6am that was small in absolute terms - 236 incidents - but large in proportionate terms - 25%...The peak time for serious violent crime shifted forward by about an hour." The new Act is not actually in force as yet, but will come into force on a day yet to be announced by the Secretary of State.
The Act amends the Licensing Act 2003, inserting powers which give licensing authorities the ability to make “early morning alcohol restriction orders” It also sets out the procedures to be followed, as well as providing for variation and revocation of orders and exceptions.
The power to make early-morning alcohol restriction orders enables a licensing authority to make an order if it considers it necessary to promote the licensing objectives of the prevention of crime and disorder, prevention of public nuisance, protection of children from harm and public safety.
An order made under these provisions overrides existing licences authorising the sale or supply of alcohol between 3am and 6am, regardless of whether they are in place before or after the order is made.
Orders may apply every day or only on particular days (of the week or year), in relation to the whole or part of a licensing authority’s area, and for a limited or unlimited period.
The local authority must follow a set procedure for early morning restriction orders, requiring them to advertise the proposed order in a local newspaper and they may have to hold a hearing to consider views about the likely effect of the proposed order on the licensing objectives. In the case of representations made by a member of the public, the council must consider whether the representation is frivolous or vexatious.
Last year Gordon Brown admitted that 24-hour drinking was “not working” and promised to give councils blanket powers to close pubs and bars in rowdy areas. The Government has responded to problems identified when it is impossible to tell which bar or nightclub is responsible for rowdy incidents by introducing the ability to apply a blanket ban.
So now we will have “21 hour drinking” in certain problem areas – not quite so catchy is it?
For any advice or information on licensing matters, please contact Maria Guida on +44 (0)20 7749 2700or meg@silvermansherliker.co.uk.
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