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Posts under ‘Dispersal order’

Dealing with the Problems of Late Night Drinking

The Home Office has issued a consultation on measures to be introduced through Early Morning Restriction Orders (EMROs) and the Late Night Levy regulations.  This consultation presents an important opportunity for both licensees and members of the public to have their say on two measures introduced later this year by the Police Reform and Social Responsibility Act 2011.

With such significant changes to licensing law taking place in 2012 it is important for licensees to understand this new legislation and to take the opportunity to have an input into the development of these changes.

The Future of the Licensing Act 2003

Despite relaxing licensing hours five years ago, Labour had already given in to pressure from all directions over the Licensing Act.  Gordon Brown had admitted that the Act was only a qualified success and had already given councils the power to restrict the early morning opening hours of every licensed venue in a problem area.

The Conservatives have promised to “overhaul” the Licensing Act, based on their belief that the relaxation of the laws has been a failure. Before the election, the Tories said that they planned to give councils the power to charge more for late-night licences to pay for extra policing, and also to give the authorities ‘much stronger powers’.

The Bell Tolls for 24 Hour Alcohol Licences….

… 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.

OFF-LICENCE REFUSED ON CUMULATIVE IMPACT GROUNDS

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.