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Posts under ‘Politics’

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.

ALL CHANGE (AGAIN): REBALANCING THE LICENSING ACT

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.

BOUNCERS BEHAVING BADLY..

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.

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.

Shattering News – unbreakable pint glasses unveiled

 
 

It may not be earth-shattering but, here are a couple of headlines from the last few days:
“Soon Brits will be able to get smashed at the pub while their pint glasses won’t.”
“Cheers! Brits toast new shatterproof pint glass”

According to Home Secretary Alan Johnson, who proudly unveiled the new shatter- proof glass last week:

  • Half of all violent assaults in Britain are alcohol-related and it has become “common” for drinkers to smash glasses and use them as weapons.

IN THE LAP OF THE LAW MAKERS….Sexual Entertainment Venues

Major changes in the law are about to affect the Lap Dancing industry.

The Lap Dancing and Striptese industry is facing major changes.

You may know them as lap dancing clubs, but they are soon to be reclassified as  “sexual entertainment venues,” under an amendment to the 1982 Local Government (Miscellaneous Provisions) Act.

Tougher new laws are just around the corner that will see lap dancing and striptese clubs regulated in the same way as sex shops and sex cinemas.

Why is the law changing?

NEW CODE FOR DRINKS PROMOTIONS

 

The Westminster Arms

Today the Government revealed a new mandatory code for drinks promotions.

The final conditions announced today will form the new mandatory alcohol code. The code is aimed at irresponsible promotions in pubs, clubs and off licences that could lead to alcohol related crime and disorder.

Amongst the conditions for alcohol retailers are a ban on irresponsible promotions including “all you can drink for £10″ deals plus a compulsory requirement to check under 18s for ID.

Breaches of the code could result in a range of sanctions including a review of their licence or on summary conviction a maximum £20,000 fine and/or six months imprisonment.

Sobering Thoughts…Should There be Minimum Pricing on Alcohol?

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Is this the end of the Happy Hour, as we know it?

According to a Report published by a cross-party Health Committee, on 8 January 2010, the U.K. Government should introduce minimum prices on alcoholic drinks, independent and tighter regulation of promotions, a rise in taxes on spirits, and mandatory health warnings on labels.

The Home Affairs Select Committee wants to end cheap drinks promotions thought to encourage binge-drinking.

It criticises Prime Minister Gordon Brown’s administration for being too sympathetic to supermarkets and drink producers and not paying enough attention to doctors. The report says that the Government is guilty of a “failure of will and competence” over alcohol policy.

Live and Let Live – Live music to get a reprieve?

Live music.. coming soon to a pub near you (hopefully).

Live music.. coming soon to a pub near you (hopefully).

We now have a minor step forward for licensing and live music. The current licensing laws mean that most, if not all, solo and duo performances have to be licensed under the Licensing Act as “regulated entertainment.” This means that many small pubs have been forced to put an end to any form of live music. That means no open mike nights, no piano in the pub on a Sunday and no sing alongs.