Aug 19th, 2011
by Maria Guida.
As licensing lawyers, we often hear licensee clients say that once their customers leave their pub or nightclub, they are not responsible for their patrons’ actions. If these customers then go on to cause disorder, shouldn’t it be down to the police to control them?
This argument (often used by licensees) that they are not responsible for what their customers get up to after they have left their premises has been put to rest by two recent cases, one involving a supermarket in Brighton and the other, a nightclub in Bristol.
This is a preview of
Brighton Rocks while Bristol Screams: who is responsible after closing time?
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Read the full post (1026 words, 3 images, estimated 4:06 mins reading time)
Oct 20th, 2010
by Maria Guida.
With the half term school holiday nearly at an end now, many of you will be returning from having hopped on a plane to enjoy some sun. Did you know that any airside venue at an international airport, selling an alcoholic drink to a person, who is already drunk, cannot be prosecuted (even for this most obvious breach of the licensing laws)?
This is because such venues enjoy immunity from the Licensing Act. Sussex Police recently carried out a “test purchasing” spree at Gatwick Airport and uncovered some sales to underage drinkers. Sadly for them, due to the fact that any bar, restaurant or pub selling alcohol on the airside of International Airports in England and Wales do not need a premises licence, they were unable to prosecute. Now Sussex Police are lobbying for change.
Jul 28th, 2010
by Maria Guida.
Theresa May, the Home Secretary has published a consultation paper today entitled, “Rebalancing the Licensing Act.” The consultation paper starts positvely, acknowledging licensed premises working with the police to reduce alcohol related harm and mentioning the acheivements of Business Improvement Districts and Best Bar None, but it then goes on to make suggestions for improving the licensing system, which will make most licensees’ toes curl.
The Licensing Act 2003 was consulted upon and took around five years to come into force. For this latest consultation, the response deadline is 8th September 2010 and the intention appears to be to legislate as soon as possible using the Police Reform & Social Responsibility Bill, which will be produced later this year.
Jun 1st, 2010
by Maria Guida.
New rules come in today requiring that all new door staff at bars and clubs must learn how to safely restrain and remove customers who have had one too many and are violent and drunk. For all existing door staff – no training is required. However, this too is coming under scrutiny and before long we could see such training becoming compulsory for all bouncers.
The mandatory training has been introduced after a number of high profile deaths and injuries in bars and nightclubs.
Apr 27th, 2010
by Maria Guida.
… Or at least for Early Morning Drinking as the Crime & Security Act 2010 receives the Royal Assent
With the general election looming, the subject of 24 hour drinking is high on the agenda, but the truth is, 24 hour Licences have always been a bit of a myth. Very few establishments have them, and of those that do, few use them to open all hours.
Despite the lack of 24 hour drinking, many bars and clubs open later than they used to. Last year, there were 973,000 reported violent attacks where the offender was under the influence of alcohol - almost half of all violent incidents. Police have warned that their resources have been stretched to breaking point dealing with fights in the early hours.
Mar 2nd, 2010
by Maria Guida.
What is “Cumulative Impact”?
When a Licensing Authority believes that the cumulative impact of the concentration of licensed premises in an area is adversely affecting the promotion of any of the 4 Licensing Objectives (prevention of crime and disorder, public nuisance, public safety and protection of children from harm) it can consider any relevant representations from either a ‘responsible authority’ (e.g. the police or noise nuisance) or ‘an interested party’ (usually a local resident living nearby to the premises in question). The objection will usually state that the cumulative impact of new licences is leading to an area becoming saturated with premises of a particular type, making it a focal point and creating exceptional problems of disorder and nuisance over and above the impact from the individual premises themselves. In such cases the issue of cumulative impact can be taken into account when considering the individual merits of any application.
