Labouring under the influence
Reply by James Purnell
Minister for Licensing

For almost a century, we have been stuck with a licensing law that treated all adults like children; that meant that the vast majority of premises allowed to open after 11pm were those with loud music and dancing; and gave local residents and police little say in the licensing decisions that affected them.

Unaccompanied children were legally allowed to go to nightclubs; they were also able to drink alcohol in a beer garden from the age of five; and landlords were forced to throw everyone out onto the streets at the same time after downing their last few pints.

We’ve changed all that. We have introduced a truly reforming and progressive piece of legislation that treats responsible adults like grown ups and gives police tougher powers to deal with problem premises that encourage irresponsible drinking.

The principle on which the new licensing laws are based is this - the majority should not be punished by a licensing curfew because of the bad behaviour of the minority. At the same time, the minority should be punished for the behaviour that destroys the enjoyment of a night out for everybody else.

The Licensing Act 2003 is part of a Government-wide programme to deal with the small minority of drunken yobs whose self control results in violence and/or a trip to A&E. It gives the police more power to close down problem bars, increased penalties for premises that sell to underage drinkers and gives local people and local authorities more power to tackle problems in their area.

Flexible licensing hours are another key component. They will get rid of the double madness of people speeddrinking to meet the 11pm closing time and then being chucked out on to the streets at the same time, causing a concentration of alcohol-related violence.

The vast majority, who drink in a civilised manner, also have more choice and similar freedoms to those enjoyed in other countries in Europe.

I cannot believe there is anyone who thought the old law was working. It wasn’t. But there was concern that lifting the national curfew would make things worse.

I understand people’s concerns, but we have allowed local pubs to apply for wider opening hours for specific reasons and with heavy caveats.

Residents and police can approach the local council at any time to revoke a licence if the pub causes problems. And police have new powers to prosecute publicans for disorder, and close down pubs that serve minors.

The introduction of the new licensing regime is a watershed moment for the UK and our relationship with alcohol.

We are not saying that Britain will suddenly become a café society, but equally, the vast majority of adults in this country do not drink in a way that impacts negatively on the rest of society.

They will be treated as responsible adults, while at the same time the yobs and irresponsible retailers will be brought into line.

Of course the Act alone, and flexible hours in particular, aren’t the sole answer to drink related problems.

What we need is a change in culture, similar to that effected with drink driving in the 1970s and 1980s, which was achieved through a concerted campaign of law enforcement, education and public information.

That’s the approach we are taking with the Alcohol Harm Reduction Strategy, which combines more effective enforcement to tackle alcoholrelated crime and anti-social behaviour, with making the alcoholic drinks industry take a lead in promoting moreresponsible drinking – backed up by stringent penalties if they fail to do so - and better support and treatment for those, and their families, who suffer from the effects of alcohol misuse.

The Government counts on a very wide ranging group of stakeholders to help inform its alcohol policy. Alcohol Concern, the Association of Chief Police Officers, the Chartered Institute of Environmental Health, the Local Government Association and the Arts Council are just a handful of the groups who had input into the Licensing Act and the Alcohol Harm Reduction Strategy. Yes, we consulted the alcohol industry. Government policy has, in the past few years, affected them significantly; it would be wholly wrong and irresponsible to leave them out.

As well as consulting with numerous stakeholders, we also looked at evidence from around the world.

The independent Nicholson Committee in Scotland concluded that flexible licensing hours - up to 24 hours - is the best means for reducing crime and disorder.

New Zealand has managed its liberalisation of licensing hours well, with 3am a common closing time. It has reduced per capita consumption of alcohol since introducing these laws and has moved from above to below the UK average for consumption.

And New South Wales and Victoria in Australia have liberalised their hours of trading. They have established a more civilised drinking environment and regenerated many areas. Alcohol consumption there is falling too.

The truth is that most countries that have liberalised their regimes have made a success of it, even where they had teething problems.

Our own experience here on New Year’s Eve, when pubs have been able to open for 36 hours since 2001, shows that crime and alcoholism don’t soar just because the pubs are open that little bit longer.

All of us want a society that treats alcohol with respect, and we all have a part to play in creating it. The Licensing Act is a major step forward. We cannot change Britain’s attitude to alcohol over-night; it’s going to take time. But this is certainly a step in the right direction.

James Purnell
Minister for Licensing
December 2005