Proposed reforms to England and Wales' licensing laws were unveiled today by Culture Secretary Tessa Jowell.
Tessa Jowell said the Government's new Licensing Bill would lead to a more civilised and responsible culture in the country's pubs, bars and restaurants. It would be a key plank of the Government's drive to cut down on crime and anti-social behaviour, she said.
Key points of the Bill, which is launched today, are:
- Tough measures to tackle alcohol-related crime and disorder – New police powers to close licensed premises without notice for up to 24 hours where disorder is occurring, in order to protect the public and prevent further disorder.
- Flexible opening hours - the potential for up to 24 hour opening seven days a week – this will help minimise public disorder resulting from artificially fixed closing times, encouraging a more civilised culture in pubs, bars and restaurants. The Secretary of State will be able to declare special hours for all premises on national occasions.
- Strengthened protection for children - children to be allowed access to any part of licensed premises at the discretion of the premises licence holder. But, following consideration of representations in relation to an application for a premises licence, the licensing authority would be able to impose conditions on the licence about access for children to the premises – allowing restrictions or prohibitions to be observed in appropriate cases. The legal age for drinking alcohol on licensed premises and for buying it there will remain at 18. The reforms would simplify the law relating to children and alcohol.
- Less red tape - a single integrated scheme for licensing premises, which sell alcohol, provide public entertainment or provide refreshment late at night. This would lead to savings for the industry.
- A greater say for the public – licences would be granted by electorally accountable local authorities instead of magistrates and the views of local residents will be taken into account in deciding applications. The public will be able to appeal to magistrates courts about licensing decisions.
Tessa Jowell said:
"Our licensing laws are outdated. This Bill will give them a much-needed overhaul.
"It is a quality of life Bill. It acknowledges that more than 90% of men and over 85% of women drink alcohol and that the vast majority of them do not drink to excess. They deserve to finally be treated like grown-ups. If they want to go for a drink after watching a film or a show at 11pm they should have that option.
"But quality of life is not just about freedom. It is also about security and peace of mind. This Government has put tackling crime and anti-social behaviour at the very top of the agenda. This Bill is part of that picture. Residents should be able to sleep easy in the knowledge that stringent measures are in place to protect them from alcohol-related crime. And people out for a night on the town should be able to make their way home without the fear of becoming victims of alcohol-related crime. This Bill, through measures such as staggered closing times and tougher powers for the courts and police, will help bring this peace of mind to both those that do and don't choose to take part in our nation's rich nightlife.
"Where the Bill is deregulatory it is also responsible. Most importantly, it includes tough measures to strengthen protection for children. But it also takes the long-term view. It recognises that introducing young people to alcohol in a safe and measured way will help deter them from drinking to excess later in life.
"It is also good news for the hospitality industry – it should lead to savings of nearly £2 billion in its first 10 years by cutting out red tape. And it will bring real benefits to our tourism industry, which is beginning to turn the corner after the effects of September 11 and Foot and Mouth Disease.
"In short this is a Bill for the public, a Bill for industry and a Bill for commonsense."
Hazel Blears, Sponsor Minister for the Government's joint consultation on a National Alcohol Harm Reduction Strategy said:
"I believe that the Licensing Bill will complement the government's drive to reduce the harm caused by alcohol misuse, the goal of our National Alcohol Harm Reduction Strategy.
"We believe that fixed closing times can encourage binge-drinking as people rush to beat "last orders". There is also evidence that fixed closing times can drive up crime and disorder in town centres, as large numbers of people leave pubs at the same time. The Government believes that a relaxation of permitted hours will help us to combat both binge drinking and crime."
Notes to Editors
1. Last month the Department of Health and the Cabinet Office launched a public consultation on a National Alcohol Harm Reduction Strategy. One of the strategy's aims will be to tackle alcohol misuse. Measures in the Bill support this drive.
2. Further details of the contents of the Bill are as follows:
- The amalgamation of six existing licensing regimes (alcohol, public entertainment, cinemas, theatres, late night refreshment house and night café)
- A single integrated scheme for licensing premises which sell alcohol, provide public entertainment or provide refreshment late at night, thereby sweeping away considerable red tape at a stroke
- Premises licence to incorporate operating conditions (e.g. hours, noise, fire exits, capacity) limited to crime and disorder/public safety/nuisance factors, and set locally on basis of the balance of operator's requirements/resident views/police and fire authority assessments
- A new system of personal licences which allow holders to sell or supply alcohol for consumption on or off any premises possessing a premises licence. (Places providing public entertainment or refreshment at night which does not involve alcohol, would require a premises licence only)
- Personal licences to be issued for ten years to those aged 18 over without a relevant criminal record following a test of knowledge of licensing law and social responsibilities, with provision for endorsement or withdrawal of licences within that period: abolition of vague "fit and proper person" test in respect of licences to sell alcohol
- Personal and premises licences to be issued by licensing authorities: generally local authorities
- Licences to be supported by flexible range of sanctions (including temporary reduction in opening hours) instead of present single all or nothing sanction of loss of licence
- An avenue of appeal for parties (including the police and local residents) to the magistrates' courts
- To minimise public disorder resulting from fixed closing times, flexible opening hours, with the potential for up to 24 hour opening 7 days a week, subject to consideration of the impact on local residents (and therefore existing permitting hours to be abolished)
- Children to be allowed access to any part of licensed premises at the premises licence holder's discretion; but licensing authorities to have the ability to restrict (e.g. by requiring adult supervision) or deny access for children to unsuitable licensed venues following representations.
- The legal age for drinking alcohol on licensed premises and for buying it there, whether as off-sales or on-sales, both to remain at 18
- New requirements in the wake of the Thames Safety Inquiry for licensing the sale of alcohol on boats travelling within England and Wales
- New arrangements for non-profit making qualifying clubs supplying alcohol to their members which preserve their special status
- Power for the Secretary of State to declare special hours up to 24 for all premises on national occasions
- Abolition of a range of ancient and special privileges regarding sales of alcohol held by the Crown, certain theatres, the Vintners of the City of London, the Vice Chancellor of the University of Cambridge.
- Repeal of the Welsh Sunday Opening Poll.
