Page last updated: Wednesday, March 23, 2005
Debate on changes to the UK Licensing Bill
One of the principal aims of the Licensing Bill going through Britain’s Parliament is to reduce anti-social behaviour by introducing the concept of flexibility in the hours when pubs, bars, restaurants, hotels and other hospitality premises can open to the public. The Government hopes that the reform will stop people buying several pints just before closing time and ‘knocking them back’. The new Bill will affect not only Licensees but also musicians as the Government intends to Licence all live entertainment as part of the Bill.

In January Martin Kettle (Alcoholic Britain should be offered a another drink, The Guardian, January 2, 2003) expressed fears that the licensing bill would increase the problem it is supposed to control. He stated. ‘Longer hours will just mean more drinking, noise, fighting and accidents". Tessa Jowell MP (Culture secretary) responded to his letter (Our plans for last orders, The Guardian January 6th 2003) as follows: "The licensing bill contains a balanced package of deregulation. It will remove archaic and unnecessary controls for the benefit of both the industry and the public. Some of these reforms will themselves lead to a reduction in anti-social behaviour, but they are also supported by further tough measures in the bill and elsewhere in Government. There is evidence that fixed early closing times lead to an increase in crime and disorder and antisocial behaviour. Research shows that over 50% of all recorded public disorder incidents occur between 11pm and midnight on Friday and Saturday nights. Similarly over 50% of all arrests occur at these times, and 47% of all the incidents of violence and disorder in pubs take place at closing time on Friday and Saturday. Where there is a concentration of clubs and discos, similar crime peaks occur between 2 am and 3 am on those days. The report drinking and public Disorder, published by the Portman Group in 1999, considered the links between alcohol and disorder in the UK including Scotland and in Europe. It concluded that the peak density caused by fixed closing times increased the probability of conflict, made the police’s task more difficult and created problems for transport and fast-food outlets, both of which are flashpoints for trouble. The police also agree that fixed closing times lead to binge drinking and anti social behaviour and, all too often crime and disorder. That is why we are encouraging greater flexibility in deciding when "last orders" should be called.

But there is more to the licensing Bill than this. It will also protect the young and vulnerable. For example, we plan to make it an offence for the first time to sell alcohol to anyone under 18. The present law is confusing and inconsistent. It will also be possible for local residents for the first time and the police to request the review of a license where particular problems have arisen, such as the sale of alcohol to children. We will also give the police new powers to close premises where there is disorder or public nuisance. And the Bill is only one of a package of reforms across government that will help to tackle anti-social behaviour. The Strategy Unit is currently preparing an alcohol harm reduction strategy, and the Home Office is drafting an anti-social behaviour bill that will introduce a number of measures to combat the problems set out by Martin Kettle."

The alcoholic drinks industry supports the Government’s view that licensing reform can play a major role in reducing current law and order problems which are caused by the current licensing regime. With a set time in which to enjoy themselves people drink against the clock and a fixed closing time means thousands of people turned onto city streets at one time creating flashpoints and inevitable pressures on the police and pubic transport and local communities. Licensing reform will reduce both problems leading to improvements in drinking culture and night time environments.

The British Beer and Pub Association have commented that the new law is not about 24 hour opening but about 24-hour opportunity. "Operators will be attracted to the new flexibility because they will be able to respond to the genuine needs of the local market — their customers. They will not open a moment longer than necessary because of the extra costs will not make it commercially sensible".

There is also concern about the inclusion of entertainment within the Bill and it is feared that overnight, live music "in any place" will be illegal unless a licence or temporary entertainment notice from local authorities is obtained, with all its attendant costs and red tape. It is true that the current wording states that "Where entertainment is provided for the public it must be licensed under the Bill (Act)" but there are a number of exemptions and Kim Howells the Culture Minister, said "the concerns are unfounded; Musicians have nothing to fear from this Bill, but much to gain from it".

National Alcohol Harm Reduction Strategy

The Prime Minister, Tony Blair, asked the Strategy Unit to carry out a project looking at how to tackle the problems associated with alcohol misuse in June 2002. The first part of this process took the form of a joint Strategy Unit / Department of Health consultation document published on 15th October. This was followed-up by consultation events in London, Newcastle, Bristol and Manchester. The period of formal consultation closed on 15th February 2003. Between 300 and 400 responses were received and the Strategy Unit is currently considering these responses. The next stage will be the publication of an Interim Analysis paper due in the Spring. This will include an analysis of the evidence base and indicate the direction of the final strategy which is scheduled to be published in the Summer.

The British Beer and Pub Association co-ordinated the submission on behalf of the alcoholic drinks industry including all the producer and hospitality trade associations. The industry welcomed the commitment by the Government to a strategy to combat the harm associated with alcohol misuse and its recognition that the majority enjoy drinking and do so without harming themselves or others. The submission also welcomed the commitment to evidenced based policy making and highlighted some of the gaps in the research base. The many initiatives undertaken by the industry to target different areas of alcohol misuse were described together with the willingness to work with the Government towards reducing the harm associated with alcohol misuse.

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