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23 November 2005
New Licensing Laws Come Into Effect At Midnight Tonight
Culture Secretary Tessa Jowell today welcomed the start of the new licensing regime that introduces tough new penalties for premises that fuel alcohol-related disorder and gives responsible adults more freedom.
The Licensing Act 2003, which comes fully into effect at midnight tonight, will:
Crack down on yobbish behaviour through:
- Tougher closure powers for the police to deal with problem premises.
- Increased penalties for selling alcohol to under 18s.
- Ending fixed closing times, eradicating 11pm and 2am disorder flashpoints.
Give more power to local residents by:
- Enabling them to ask for a review of an existing licence at any time.
- Enabling them to challenge any new licence application.
- Enabling them to hold local councillors to account for licensing decisions at the ballot box.
Give greater choice to responsible adults by:
- Eradicating the 11pm curfew.
- Making it easier for venues to offer more diversity to their customers – for example, by putting on public entertainment often at no extra cost.
Tessa Jowell said:
"The vast majority of adults drink alcohol. Most people live within walking distance of a pub or bar. Alcohol is part of our national life.
"That's why these new laws are so important. For too long we have allowed a small minority to rule the streets at night and our main recourse has been a national curfew. This was unfair in principle and wrong in practice.
"From today we have got our priorities right. Yobbish behaviour will be cracked down on and adults will be treated like grown ups.
"Getting the national relationship with alcohol right is a massive undertaking. This is only the start, but it's a vital first step.
"The one thing this act isn't about is encouraging 24 hour drinking. Indications are that one half of one percent of licensees have applied for a 24 hour licence and many of them do not intend to use it regularly."
Home Secretary Charles Clarke said:
"We are determined to tackle alcohol related violence and anti-social behaviour in all its forms and crack down on those who encourage it by irresponsible retailing.
"We believe that the Licensing Act will help to reduce alcohol fuelled disorder by providing the police with new tough powers to close down problem bars and increase penalties for premises that sell to underage drinkers, while at the same time ensuring that the law abiding majority can enjoy a drink when they wish."
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Notes to Editors
1. Police and local authorities powers to deal with alcohol-related crime and disorder are summarised below.
Existing powers
- ask licensing justices to revoke the licence for reasons relating to crime and disorder;
- use closure order powers to close pubs/nightclubs instantly etc for up to 24 hours on grounds relating to disorder or excessive noise;
- prosecute licensees and bar staff for a range of offences – selling to underage, selling to drunks, permitting drunkenness and disorder;
- serve fixed penalty notices for a range of alcohol related offences including on licensees/bar staff for selling to children.
- confiscate alcohol from those who are underage and from those who are in Designated Public Places.
- undertake test purchasing operations
Licensing Act 2003 (from 24 November 2005)
- Expand police powers to close down disorderly and noisy licensed premises including all entertainment premises, night cafés and night take-aways;
- Empower the police, residents and others to seek a review of licences, backed by an extended range of measures which impact on businesses and their profits including limiting opening hours;
- Increase fines - as well as the potential suspension for up to six months or forfeiture of personal licences, following conviction for offences of allowing disorderly conduct or sales of alcohol to people who are drunk;
- Increase penalties for breach of licence conditions - a person faces a maximum fine of £20,000 or imprisonment for up to six months or both;
- Increase penalties for selling alcohol to children (up to £5000) and make it possible for courts to suspend or forfeit personal licences at first offence and not only on second conviction as now.
Local authority powers
- Can prohibit drinking in named areas where there has been a history of alcohol fuelled anti-social behaviour through the creation of a Designated Public Places Order;
- Trading standard officers can conduct test purchases at licensed premises;
- Anti-Social Behaviour Act 2003 enables the police, working with local authorities to target action in problem areas and disperse groups;
- ASBOs and ABCs can be used to target particular troublemakers.
Violent Crime Reduction Bill
Will introduce:
- Alcohol Disorder Zones which will require licensed premises to contribute to the cost of alcohol-related crime and disorder in specific areas where it has been identified as a problem;
- Exclude individuals responsible for alcohol-related disorder from entering licensed premises by imposing "Drinking Banning Orders" which could run for up to 2 years;
- Create powers for the police to ban the sale of alcohol from licensed premises for up to 48 hours for selling alcohol to under 18's;
- Provide police with the power to exclude individuals at risk of carrying out alcohol-related crime and disorder from a specific area for up to 48 hours;
2. More information on the Licensing Act 2003 can be found on the Alcohol & Entertainment section of this website.
Press Enquiries: 020 7211 6271/6269/6267
Out of hours telephone pager no: 07699 751 153
Public Enquiries: 020 7211 6200
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