On the 19 January the Government revealed tough new powers to tackle alcohol crime. Following a nationwide consultation, in which over 7,000 responses were received, the government has set out 5 mandatory conditions designed to tackle alcohol related crime and disorder which it is estimated costs the UK between £8bn and £13bn a year.
The proposed conditions, set out below, will be applied to all alcohol retailers:
- Banning irresponsible promotions such as ‘all you can drink for £10’ offers, women drink free deals and speed drinking competitions.
- Banning 'dentist's chairs' where drink is poured directly into the mouths of customers.
- Ensuring free tap water is available for customers.
- Ensuring all those who sell alcohol have an age verification policy in place requiring them to check the ID of anyone who looks under-18 to prevent underage drinking.
- Ensuring that all on trade premises make available small measures of beers, wine and spirits to customers.
These conditions are designed to: discourage promotions which encourage people to drink quickly or irresponsibly; enable customers to control the amount they drink; allow people to space out their drinks and reduce the risks of becoming dangerously drunk; prevent anti-social behaviour and remove young people from risk of harm; and give customers the choice between a single or double measure of spirits and a large or small glass of wine.
Breach of the mandatory code may result in sanctions: loss of your premises licence; imposition of additional conditions on your licence; or prosecution, which, on conviction in the Magistrates Court, may lead to a maximum £20,000 fine and/or six months imprisonment.
The code will be introduced in two stages. The first three conditions covering irresponsible promotions, the ‘dentist’s chair’ and ensuring free tap water is available will come into effect on 6 April 2010.
The remaining conditions on age verification policies and ensuring smaller measures are available will come into effect in 1 October 2010 to give retailers time to prepare.
In addition to the mandatory code, 29 January 2010 sees the introduction of new powers for local councillors to call for a review of a premises licence without having to wait for the police or local residents to complain.
The proposed conditions of the code will now go before Parliament for approval. Look out for further comments when the detailed proposals are published.
For further information please contact Heath Thomas at Anthony Collins Solicitors LLP – heath.thomas@anthonycollins.com.