White Paper

Home Office Minister, Mike O'Brien, may say he does not know what the government is planning, but apparently the Editor of the Daily Telegraph does. The newspaper, which says it has obtained a draft of the White Paper on liquor licensing, published details of the proposed law only days after Mr O'Brien said that neither he nor Jack Straw knew when the White Paper would appear.

According to the draft the long-promised White Paper will permit supermarkets to sell alcohol at any hour of the day and night. There will also be stronger measures to prevent the sale of drink to children, with fines and imprisonment for anyone who fails to check the age of young customers.

At the moment different licensing regulations apply to pubs, shops, cafes, restaurants, theatres, cinemas, clubs, and discos. In future, they will be brought together under one set of rules. The plans give local licensing magistrates the responsibility for deciding the hours and conditions for each separate applicant. There had been speculation that these powers might be given to local authorities as a way of responding to what people in a particular area wanted.

Later hours?

Under the changes most pubs will be able to remain open until a later hour than at present. Instead of 11 p.m. closing in England, they will stay open until midnight or 1a.m. In town centres, the likelihood is that closing times will be between two and three in the morning. All-night opening will be allowed "in the right circumstances", presumably when it is thought that it will not cause any nuisance.

The Telegraph quotes Jack Straw, the Home Secretary, writing a foreword to the White Paper, as saying: "The current licensing system is an amalgam of nineteenth century legislation, intended to suppress drunkenness and disorder, and later additions. The law is, therefore, complex and involves a great deal of unnecessary red tape."

"Staggered" hours

The intention is to allow "staggered" closing times, where pubs and clubs in each locality empty at varying times. It is claimed that this would reduce the noise and violence caused by drunken clientele leaving licensed premises at the same time. Apparantly, it is believed that it would also make it easier to find a taxi home and cut the pressure on police and casualty units. Evidence from Edinburgh where such a scheme was introduced, and research done in Perth, Australia, where this kind of reform led to an upsurge in disturbance and crime, would seem to indicate that the opposite might be true.

It is said that later closing times are thought to reduce "last-minute bingeing" and, thus, rowdiness. Given the widespread bingeing culture it might simply be the case that last minute drinking would be transferred to a later time and greater quantities consumed.

No lower age limit

There will be no lowering of the age limit for which there was a call from various quarters, including, oddly enough, the Boy Scout and Girl Guide Associations. "The age limit of 18 is necessary to protect children from the damage that alcohol can do and to protect others from the behaviour of those who misuse alcohol while young and immature," says the White Paper. Those aged 16 and 17 are already permitted to drink wine, cider, or beer with a meal in a pub.

Shops and off-licences will be faced with much stronger regulations to prevent them selling alcohol to under-18s. That someone "looked older" will no longer be an excuse. Traders will have a legal duty to establish that customers are the permitted age.

In order to minimise hooliganism, magistrates will be able to ban every off-licence or supermarket in the vicinity of a sports ground from selling alcohol during particular events. At the moment, the police may make a request, but can do nothing when faced with a refusal.

Most petrol stations in England and Wales are currently forbidden to sell alcohol but, according to the draft of the White Paper, this will be reversed if the proposals, recognising the growth in garage convenience stores, become law. The arguement is that nowadays in many rural areas the garage is the only village store.

Traders will have to qualify for a "personal licence" costing around £200. Like a driving licence, it will accrue penalty points if they break the rules and may be withdrawn. It will move with the licensee from one pub or shop to another. There will be new rules to curb rowdiness and noise in and around nightclubs.

The Home Secretary says in the report: "Ordinary people want - and should have - the opportunity to enjoy themselves with a drink or meal at any time without fear of violence, intimidation or disorder. We need modern laws to deal with an old problem. They should allow people to enjoy their leisure as they wish, provided that this does not disturb others."