New Licensing Laws Tackle Alcohol-related Crime

Few local businesses will have missed the new licensing law rules as many licensed premises can now stay open for 24 hours a day. However, it did affect all licensees and if you didn’t apply for a new-style licence by 23 November 2005, then you could be breaking the law!

As well as changing the rules for licensees themselves, such as ending fixed closing times to eradicate the 11pm and 2am disorder flashpoints, the Licensing Act 2003 also introduced legislation to deal with problem premises. The Police now have greater power to deal with alcohol-related crime and disorder including:

• The authority to close down disorderly and noisy licensed premises including all entertainment premises, night cafés and night take-aways.
• Increased fines and the potential forfeiture or suspension of personal licences for up to six months following a conviction of allowing disorderly conduct or the sale of alcohol to people who are drunk.
• Increased penalties for breach of licence conditions including a maximum fine of £20,000, imprisonment for up to six months or both.
• Increased penalties of up to £5000 for selling alcohol to children as well as suspension or forfeiture of personal licences at first offence.
• Empowering the police, residents and others to seek a review of licences. This is backed by an extended range of measures which impact on businesses and their profits including limiting opening hours.

The Licensing Act 2003 enables local authorities to:

• Prohibit drinking in named areas where there has been a history of alcohol-related anti-social behaviour.
• Allow Trading Standard Officers to conduct test purchases at licensed premises.
• Target problem areas and disperse groups. ASBOs and ABCs can be used to target particular troublemakers.

The Act also gives more power to local residents by enabling them to:

• Request a review of an existing licence at any time.
• Challenge any new licence application.
• Hold local councillors to account for licensing decisions at the ballot box.

Other valuable changes include:

• The identification of renowned ‘Alcohol Disorder Zones’ that require licensed premises to contribute to the cost of alcohol-related crime and disorder.
• Exclusion of individuals responsible for alcohol-related disorder from entering licensed premises by imposing ‘Drinking Banning Orders’ that could run for up to 2 years.
• Banning the sale of alcohol from licensed premises for up to 48 hours as a result of selling alcohol to under 18s.
• Exclusion of individuals at risk of carrying out alcohol-related crime and disorder from a specific area for up to 48 hours.

If you require advice on licensing, contact Ian Robinson on 023 9221 0170 or by email.

Improved Position For Anti-Social Behaviour Victims

Many local residents and businesses are adversely affected by anti-social behaviour, whether caused by drunken youths hanging around outside business premises or noisy neighbours at night.

The Anti-Social Behaviour Act 2003 improved the position for victims by introducing new laws in stages – the first of which came into force on 30 June 2004. These include:

• Widening the use of Fixed Penalty Notices (e.g. noise nuisance, truancy, graffiti, etc.) and applying them to 16-17 year olds.


• New action to close down ‘crack houses’.


• Powers to disperse groups in designated areas suffering persistent and serious anti-social behaviour.


• Extending powers to deal with aggravated trespass.


• Simplifying powers to deal with unauthorised encampments (provided alternative sites are available).


• Restricting the use of air weapons and replica guns. Banning air cartridge weapons that are easily converted to firearms.


• New mechanisms for enforcing parental responsibility for children who behave in an anti-social way at school or in the community.


• Powers for local authorities to tackle graffiti on street furniture including a new offence to sell spray-paint to under 16s and stronger powers for local authorities to tackle fly-tipping, graffiti and fly-posting.


• Widening powers to shut down establishments that create noise nuisance.


• Powers for social landlords to take action against anti-social tenants including faster evictions and removing their right to buy their home.


• Courts to consider the impact of anti-social behaviour on the wider community in all housing possession cases.


• Improving the operation of Anti-social Behaviour Orders (ASBOs).

Under the Protection From Harassment Act 1997, nuisance behaviour can also be restricted by imposing an injunction – providing security to victims of harassment, intimidation and physical abuse.

One thing to bear in mind if you are a victim of anti-social behaviour is that the courts have to look at all circumstances of a case. Therefore, keeping a diary of disturbances and other evidence to pass to the council or private sector landlord will help.

If you are bothered by nuisance neighbours or need to evict someone from your premises, contact Christina Smith on 023 9221 0170 or by email.

Biggest Shake up in Children's Services in 30 Years

The Children Act 2004 introduced the biggest reform of children's services for 30 years. It aimed to reform child protection to avoid mistakes identified by the murder of Victoria Climbié in 2000.

The legislation created the post of Children's Commissioner for England that would investigate failures in public services, the media and companies providing goods to children. It also made the 150 top-tier authorities in England appoint a Children's Director with statutory responsibility for education and children's social services. Whereas local councils still have discretion about how these services are organised, there is scope for councils and NHS trusts to pool their budgets and create multi-purpose children's trusts in all areas by 2008.

The Children Act 2004 also envisaged local or national electronic registers with a file for every child that gave basic details and flagged up any cause for concern. Other changes are still proposed, such as the integration of the inspectorates for education and children's services as well as powers for the government to intervene if services fall below the minimum standard.

Churchers is heavily involved in family law and advises on children’s rights, residence and other issues including those associated with divorce. If you require legal advice in this field, contact Colin Mackey or Jane Mackenzie on 023 9221 0170.