24 hour drinking hits the statute books

Editorial

The Licensing Act is law. Explanatory notes have been prepared by the Department of Culture, Media and Sport and begin with the key aims set out in the original White Paper: to reduce, crime and disorder; to encourage tourism; to reduce alcohol misuse; and to encourage self-sufficient rural communities.

If these are the "key aims" then these are the areas on which the success or failure of the Act must be judged. It might seem fair to allow the Act time to bed in before any conclusions are reached, but on at least two of these aims there is already sufficient information available to suggest that the Act will achieve the very opposite.

Already in Alert we have pointed out that all the available evidence is that crime and disorder are increased by an opening hours free-for-all. The Irish Government, for example, has recently taken emergency action to re-impose limitations on the licensed trade in reaction to the efflorescence of problems after their move to liberalisation. The UK Government has produced no data to show that their assertion that liberalisation on this side of the Irish Sea will have a different effect is correct.

The claim that the Licensing Act will result in reduced alcohol abuse is mindboggling and flies in the face of almost all expert opinion. It emerges presumably from the equally dubious claim that the end of last orders and drinking up time will miraculously end the culture of binge drinking. It is a particularly odd claim at a time when the World Health Organization is about to publish a report which implies that the overall effect of the Licensing Act will increase alcohol abuse.

As for the other two aims, time will tell whether the liberty of landlords of village pubs to open round the clock, should they wish to do so, will "encourage self-sufficient rural communities" – it seems rather a large claim for so specific a measure, unless self-sufficiency lies in the removal of any need to travel into a city centre in order to drink at three in the morning.

It will also be interesting to see whether tourism is encouraged by the new drinking culture which the Government sees spreading benignly across the land. The example of Bath is not encouraging. Visitors to that beautiful city have been deterred by the disorderly nightlife which has grown-up there. The Society of London Theatres has expressed concern at the provisions of the Act as they see the tourists being put off using the West End given the predictable increase in disorder and alcohol abuse.

It is possible that the Licensing Act is one which will fail to satisfy any of the parties. Even the industry, for which so many of its measures appear to be shaped, is unhappy about the transfer of licensing powers to local authorities, seeing potential for political interference with its commercial activities. For everyone else, the Act is a leap into the unknown, especially where the effects of the abolition of permitted hours on town centres are concerned.

Residents' Associations throughout England and Wales are opposed to the overall tenor of the Act and envisage a considerable increase in disorder, crime, and alcohol abuse. Local councils suspect that, whilst being given the responsibility of managing the new licensing system, they will neither be given the necessary resources (although the alcohol industry is also concerned about the level of fees which might be charged) nor receive sufficient authority to implement a meaningful licensing policy. It is intended that costs will be decided on a system of geographical banding, so it is likely that some local authorities will lose out whilst others make a modest profit.

The Government itself cannot be entirely happy with the Act which has reached the statute books. It has been forced to concede important amendments which were bitterly fought in the House of Lords. At one point it appeared possible that lack of agreement would mean that the Bill failed to clear all the parliamentary hurdles in order to receive the Royal Assent during this session.

The concessions made by the Government include the measures relating to children. Although "the prevention of children from harm" is given as one of the four purposes of the licensing system, the original intention was that children would be allowed unaccompanied onto licensed premises, although, of course, prevented from buying or consuming alcoholic drinks. Both Conservative peers and trade lobbyists combined to fight this provision which was seen as likely to put children at risk and place an unnecessary burden on landlords and bar staff. Further concessions were made on live music which was seen as being put at risk by the first draft of the Bill.

It was not until almost the end of the process that the media realised that the provisions of the Licensing Act, as it now is, were likely to cause major problems, especially in town and city centres. On the BBC Newsnight programme it was pointed out that, whilst England and Wales were going in one direction, Ireland was going in the other. The Republic had experimented with liberalisation but, given the resulting startling increase in associated disorder and alcohol problems, took urgent measures to reimpose closer regulation .

The Guidance to the Act, to which the relevant authorities are statutorily obliged to pay heed, is not yet published. As this has to pass both Houses of Parliament and will affect the interpretation of the law, there remains a great deal of uncertainty as to how the Act will operate.

Timetable

A provisional timetable of the steps needed to implement the provisions of the Act envisages that the Ministerial Guidance will be published by the end of September. Local Authorities will then publish a statement of licensing policy by February or March, 2004, and new licences or certificates will take effect in January, 2005.

The main provisions of the new Act

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 entertainment to the public, or provide refreshment late at night.
Transfer of responsibility for alcohol licensing from magistrates' courts to local authorities.
Premises licence to incorporate licensing operating conditions (e.g. hours, fire exits, capacity) addressing the key areas of crime and disorder, public safety, public nuisance and protection of children from harm. They will be set locally, if necessary, on the basis of the balance of, among other things, operators' requirements, residents' views and police and fire authority assessments in the overall public interest.
A new system of personal licences which allow holders to sell or supply alcohol for consumption on or off any premises in respect of which there is a premises licence. (Those providing regulated entertainment or refreshment at night which do not involve alcohol, would require a premises licence only).
Personal licences to be issued for 10 years to those aged 18 and over following a test of knowledge of licensing law and social responsibilities and subject to police scrutiny if relevant or foreign offences have been committed, with provision for suspension or withdrawal of licences within that period: abolition of "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.
Premises licences to be supported by flexible range of remedies following review (including temporary reduction in opening hours) instead of present single all or nothing sanction available to licensing justices of loss of licence if conditions have been breached.
An avenue of appeal for parties (including the police and local residents following representations) to the magistrates' courts.
The abolition of permitted hours for the sale of alcohol, allowing potentially 24 hour trading, seven days a week
Children under 16 to be allowed access to pubs only if accompanied by an adult. Licensing authorities to have the ability, if necessary, to restrict 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. An exception will allow 16 and 17 year olds accompanied by an adult to consume alcohol of less than spirits strength with a table meal on licensed premises.
New requirements in the wake of the Thames Safety Inquiry for licensing the sale of alcohol, and the provision of entertainment and late night refreshment 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.
Incidental live and recorded music to be exempted from licensing for the first time.
Unamplified, live music in small venues to be treated exceptionally to ensure traditional and amateur folk music thrives.
For the first time, the provision of entertainment in a school and sixth form college by the school or college will be exempted from the licensing fee associated with that provision.
The current exemption from the payment of fees for entertainment in every village hall, church hall and community building outside Greater London, and extending it throughout the whole of England and Wales.
Power for the Secretary of State to declare special hours up to 24 for all premises on special international, national and local occasions, like World Cups, Royal Jubilees and Commonwealth Games.
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 Polls which can result in the sale of alcohol on Sundays being prohibited in Welsh Districts.

Ireland reacts to liberalisation failure

In Ireland, where the liberalisation of alcohol laws has been declared a failure, the Government is taking a very different attitude to its counterpart in London.

This is evident in the Irish Government's swift moves to curb alcohol abuse.

Measures which, it is hoped, will pass through the Dail and the Senate in six weeks, include a ban on serving people who are already drunk and making it illegal for under-18s being in pubs after 8.00 p.m.

The Bill introduced by the Minister of Justice will also make licensees responsible for the conduct of drinkers on their premises, ban "happy hour" and "drink as much as you can" promotions, allow the covert monitoring of bars by police, the restriction of opening hours on Thursdays, and allow for the temporary closure of bars which violate regulations.

Between 1989 and 1999 consumption of alcohol in Ireland increased by a staggering 41 per cent, bringing the country to the top of the European league. In the last thirty years consumption has tripled. Ireland also has the unenviable distinction of leading Europe in the amount of 15 and 16-year old binge drinking whilst at the same time being the only country where girls now equal boys as far as this particular phenomenon is concerned.

The refusal to deregulate pub closing times contrasts strikingly with the conviction of the British Government that this is a key element of its crime and disorder strategy. The liberalisation of licensing law in Ireland is seen as contributing to the problems its Government is now seeking urgently to remedy. The influential Irish Times says in an editorial: "The consequences of excessive drinking are visible late at night on the streets of our cities, towns and villages. They are reflected in crowded accident and emergency wards in hospitals and, all too frequently, victims of alcohol-related violence end up on mortuary slabs.

"The rise in alcohol consumption was facilitated by longer pub opening hours, introduced some years ago, and it has been reinforced by extensive advertising and promotional campaigns."

Michael Martin, the Irish Minister of Health, is promoting a new Bill set to impose strict limitations on alcohol advertising. Mr Martin intends to restrict where such advertisements can be exhibited, forbid sponsorship of children's and adolescent's leisure activities by the drinks industry, stop advertising campaigns designed to appeal to under age drinkers, and impose a "watershed" on television, cinema and radio advertising in order to minimise the exposure of children to the alcoholic products. No alcohol advertising would be allowed near schools or on public transport.

In this context, the Minister attacked the sponsorship deal between the Gaelic Athletic Association (GAA) and Guinness: "I believe Guinness supporting All-Ireland hurling is the wrong message to be sending out to the young people of this country. Alcohol should not be associated with sporting success."

Stephen Rowen, the Director of the Rutland Centre, a leading agency in Ireland for residential treatment of addiction, discussing what needs to be done to tackle the chronic problem of alcohol abuse, says, "Rolling back the pub opening hours to where they were before the summer of 2000 would help

"The hospitality industry has benefited greatly from the prosperity of the past decade. Irish people should be justifiably proud of the successes in recent years in successfully competing for the excellence of the products of our thriving economy. But there is a dark side to our prosperityThat dark side must be carefully examined in the contest of too much suffering for Irish people caused by drink."

In its report on the detrimental effects of Ireland's liberalisation, the Republic's Commission on Licensing commented on the undesirable effects of such measures as are contained in the UK Licensing Act. The United Kingdom Government has dismissed these warning signs and the mounting body of evidence as inapplicable.

Views from interested parties on the effects of the new bill on their communities.