Rotating Header Image

Posts under ‘Off Licence’

Brighton Rocks while Bristol Screams: who is responsible after closing time?

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.

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.