Crime and Disorder aspects of the Licensing Act 2003
The 2003 Act gives more freedom and flexibility for businesses and consumers, but this has been very carefully balanced with extremely strong and flexible powers to deal with the small number of businesses who fail to comply with licensing law. These powers represent a genuine sea change in the running and regulation of the sectors licensed under the 2003 Act. In relation to:
Alcohol related disorder
The Act retains or modernises the offences of:
- Allowing disorderly conduct on licensed premises which, on conviction could result in a fine of up to £1000 and, if the offender is a personal licence holder, the possible suspension or forfeiture of that licence
- Failure without reasonable excuse of any person who is drunk or disorderly to leave licensed premises at the request of a constable or anyone working at the premises as well as the designated premises supervisor, premises licence holder or, in the case of an event held under a temporary event notice, the premises user with a fine on conviction of up to £200
- Selling, or attempting to sell, or allowing alcohol to be sold to a person who is drunk with a fine on conviction of up to £1000, and if the offender is a personal licence holder, possible suspension or forfeiture of that licence
- Knowingly obtaining or attempting to obtain alcohol for a person who is drunk with a fine on conviction of up to £200
Police powers to immediately close areas or particular premises
The Act expands court powers, on application by the police, to close all licensed premises and those for which a temporary event notice has effect within a specified geographical area for up to 24 hours where disorder is occurring or anticipated.
It expands the police powers DCMS introduced in December 2001 to close down disorderly and excessively noisy licensed premises such as pubs, nightclubs, restaurants and hotels and one off raves instantly for up to 24 hours.
top
Tackling the culture of alcohol related disorder
The Act abolishes fixed and artifically early closing times which we believe encouraged binge drinking and resulted in large numbers of young people hitting the streets simultaneously causing the police enormous difficulties.
Targeting problem premises
The Act provides a new mechanism for reviewing licences when problems relating to the licensing objectives arise, backed by an extended range of measures, rather than the old practice of having to await renewals before any action could be taken and then only having the option of renewing or not renewing the licences.
It allows the police, or indeed any responsible authority or interested party (such as a local resident) to ask the licensing authority to review a licence at any time on grounds relating to any of the four licensing objectives.
It allows a flexible range of measures to be taken after the review, that hit the profits of the business including:
- Temporary or permanent reduction in trading hours
- Temporary or permanent reduction in licensable activities
- Temporary or permanent modification of other conditions attached to the licence or club premises certificate
- Removal of designated premises supervisor from the licence; and
- Suspension or revocation of licences or club premises certificates
It enables the police to seek court orders banning the sale of alcohol on train routes or at stations either temporarily or permanently.
It bans the sale of alcohol on any moving motor vehicle.
It brings river and coastal "booze cruises" into the licensing regime (previously, such "cruises" could legitimately be laid on for 14 year olds and were totally uncontrolled) and thereby extends the police closure powers to them.
Children
For the first time:
- It is an offence to allow any person under 16 to be present in licensed premises exclusively or primarily used for the sale of alcohol unless accompanied by an adult
- It is an offence to allow any person under 16 to be present on licensed premises which are open for the supply of alcohol for consumption on the premises between the hours of midnight and 5.00am when unaccompanied by an adult
- The Act also extends these provisions to temporary events where the supply of alcohol is the exclusive or primary activity at the event
For the first time, it is an offence to sell alcohol to people under 18 anywhere in England and Wales. This removes a vast array of exceptions and exemptions.
For the first time it is an offence to supply alcohol to children in non-profit making clubs (Labour, Liberal, Conservative, ex-services, sports, social and working men's clubs) of which there are 22,000 in England and Wales or 17 per cent of all drinking establishments.
The Act increases the maximum fine for selling or supplying alcohol to children to £5000. It is also now possible to suspend or forfeit personal licences at first offence. Previously justices on-licences could only be suspended on the second offence.
The Act also keeps test purchasing on a statutory footing.
top
|
