Site Navigation

Open All Hours? calls for stronger alcohol licensing controls to control ‘passive drinking’

Towns and cities will continue to be blighted by the effects of irresponsible drinking without a stronger say on alcohol licenses being put in the hands of local communities. This was the call from the Open All Hours? network of civic societies and residents groups working with Civic Voice and the Institute of Alcohol Studies to strengthen the Coalition Government’s proposals for licensing reform.

The Coalition Government undertook a consultation on reform of the 2003 Licensing Act introduced by the previous Labour administration and has suggested that it is planning a substantial rebalancing of the Act in favour of local communities. Alcohol industry lobby groups have joined together to oppose the Coalition’s plans. Commenting on the Government’s proposed licensing reforms, Matthew Bennett, Chairman of the Open All Hours? network said, “The Coalition Government will only achieve its ambition of putting ‘local communities in the lead’ on alcohol licensing if it addresses growing public concern about the impacts of stress and disturbance from irresponsible drinking on public health. Too many of our streets and town and city centres are plagued by shouting, vomiting, fi ghts, urination and other rowdy behaviour.”

The campaign is urging the Government to:

  • Address these wider impacts of “passive drinking” on public health in the same way as attitudes to passive smoking have been transformed in recent years
  • Simplify licensing regulations and improve publicity for licensing applications
  • Allow anyone with an interest in the quality of life of an area to infl uence licensing decisions, not just local residents
  • Strengthen local councils’ hands in requiring all applicants to show how their alcohol license will contribute to and not damage the local area
  • Support local communities concerned about the multiple impact of different licensed premises on an area
  • Tackle the loophole of temporary notices which gives freedom from all licensing conditions for up to 96 hours for commercial premises

A study in Richmond upon Thames, reported by the Richmond Society and Friends of Richmond Green, found around 1,000 incidents of anti-social behaviour in four evenings in April 2009. The Societies estimate that 95% of such incidents are not recordable crimes. Matthew Bennett concluded, “We all deserve vibrant, well managed and successful town and city centres which everyone can enjoy. The Coalition Government needs to ditch lax licensing controls which marginalise the community voice and support businesses that promote a responsible drinking culture.”

In its response to the Government’s consultation on licensing reform, Open All Hours? made a number of specifc recommendations:

  • Remove the presumption in favour of granting licenses – we welcome the proposals for licensing authorities to be given direct powers to take action to refuse, review or remove licenses which confl ict with the licensing objectives agreed for the area and to require applicants to demonstrate how their applications fit in
  • Take action to involve and engage the community – the current licensing arrangements are discouraging for local communities and residents and the Coalition Government’s proposals need to go further if the ambition to put ‘local communities in the lead’ is to be met.

We urge that:

  • Any person or organisation with an interest in the quality of life of the area should be able to make representations, not just those who live ‘in the vicinity’ or who are included in a list of ‘interested parties’
  • The guidance and regulations should be overhauled to remove jargon and qualify for a plain English crystal mark
  • Noise, litter and other forms of public nuisance can blight an area as much as crime and disorder and licensing authorities should place greater emphasis on license holders to prevent such nuisance
  • Publicity and consultation should be improved, including clarifying that the period when objections can be made is 28 days from when an application is accepted by the council as valid and it appearing on the council’s website
  • Communications by email should be accepted without the need for additional paper copies
  • Incomplete licensing applications which do not set out the steps that will be taken to reduce or avoid adverse impacts should be considered invalid and returned to the applicant
  • A new licensing objective of preventing health harm should be added which embraces the impact of what might be termed ‘passive drinking’ – the effect on the local community in terms of stress and disturbance on public health
  • A clear appeals process to the magistrates should remain so that local communities can question council licensing decisions
  • Control cumulative impacts - local councils should be allowed to introduce policies controlling the cumulative impact of licensed premises in response to public representations, not just those of official bodies, to prevent a build up of problems before they occur
  • Close the four day loophole for temporary events – we can see no reason why commercial licensed premises should be able to obtain ‘temporary event notices’ that give them freedom from all licensing conditions for up to 96 hours. Temporary event notices should be limited to charitable and community events
  • Support for better management of the night-time economy – the welcome review of licensing laws should be accompanied by support for other measures which promote good management of town and city centres at night, such as Purple Flag.