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.
