Transcript Licensing Tools.

Licensing Tools.
Licensing Act 2003.
This was the primary
legislation surrounding
enforcement but we have
some new toys, and some old
favorites that we don’t like to
thropw away just yet.
New stuff, and some old favourites;
• Mandatory Conditions.
• License Premises
Exclusion Orders.
• Drink Banning Orders.
• Persistently possessing
alcohol in public place.
• Test Purchasing
• Review power for
Licensing Authority.
• Multiple sales to under
18’s.
• Expedited Review.
• Designated public place
orders.
• Alcohol diversion schemes.
• Confiscation of alcohol
from under 18’s.
• Directions to leave the
area.
• Unauthorised Sales
Closure Notice.
2009 Crime and Policing Act.
• Amends Various Acts, including Licensing Act
2003, Confiscation of Alcohol (young persons)
act 1997 and Violent Crime Reduction Act 2006.
• All in our favour!
Mandatory Conditions.
Licensing Act 2003, as
amended.
From the 6th April 2010.
Irresponsible Drinks Promotions.
• The responsible person shall take all
reasonable steps to ensure that staff
on relevant premises do not carry out,
arrange or participate in any irresponsible
promotions in relation to the premises.
What is ‘irresponsible’?
• carried on for the purpose of encouraging the
sale or supply of alcohol for consumption on
the premises in a manner which carries a
significant risk of leading or contributing to
crime and disorder, prejudice to public safety,
public nuisance, or harm to children–
Games.
• games or other activities which require or encourage, or
are designed to require or encourage, individuals to–
• drink a quantity of alcohol within a time limit (other
than to drink alcohol sold or supplied on the premises
before the cessation of the period in which the
responsible person is authorised to sell or supply
alcohol), or
• drink as much alcohol as possible (whether within a
time limit or otherwise);
Free or discounted alcohol.
• provision of unlimited or unspecified quantities
of alcohol free or for a fixed or discounted fee
to the public or to a group defined by a
particular characteristic (other than any
promotion or discount available to an individual
in respect of alcohol for consumption at a table
meal, as defined in section 159 of the Act);
• NOTE; Guidance differs from this.
Free or discounted price?
• The guidance uses the phrase “large quantities
of alcohol for free or discounted cost”.
• Legislation uses the phrase “provision of
unlimited or unspecified quantities of alcohol
free or for a fixed or discounted fee”.
Guidance gives examples of
breaches as being “all you can
drink for £10”, but also “10 pints
for £10”. Is this “unspecified or
unlimited”? Be aware of the
differences between legislation
and guidance.
Prizes for Drinking!
• provision of free or discounted alcohol or any
other thing as a prize to encourage or reward the
purchase and consumption of alcohol over a
period of 24 hours or less;
Sporting Event.
• provision of free or discounted alcohol in
relation to the viewing on the premises of a
sporting event, where that provision is
dependent on–
• (i) the outcome of a race, competition or other
event or process, or
• (ii) the likelihood of anything occurring or not
occurring;
Advertising.
• selling or supplying alcohol in association with
promotional posters or flyers on, or in the
vicinity of, the premises which can reasonably be
considered to condone, encourage or glamorise
anti-social behaviour or to refer to the effects of
drunkenness in any favourable manner.
Dentist Chair and drinking water.
• The responsible person
shall ensure that no
alcohol is dispensed
directly by one person
into the mouth of
another (other than
where that other person
is unable to drink
without assistance by
reason of a disability).
•
The responsible person
shall ensure that free tap
water is provided on
request to customers
where it is reasonably
available.
And from the
st
1
October:
• The premises licence holder or club premises certificate
holder shall ensure that an age verification policy
applies to the premises in relation to the sale or supply
of alcohol.
• The policy must require individuals who appear to the
responsible person to be under 18 years of age (or such
older age as may be specified in the policy) to produce
on request, before being served alcohol, identification
bearing their photograph, date of birth and a
holographic mark.
and
• The responsible person shall ensure that–
• (a) where any of the following alcoholic drinks is sold or
supplied for consumption on the premises (other than alcoholic
drinks sold or supplied having been made up in advance ready
for sale or supply in a securely closed container) it is available to
customers in the following measures–
• (i) beer or cider: ½ pint;
• (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
• (iii) still wine in a glass: 125 ml; and
• (b) customers are made aware of the availability of these
measures.
Not all drinks promotions
are irresponsible, but
managers are recommended
contacting local licensing
authority and/or police to
discuss the promotion.
Licensing Authority as interested
parties.
• Section 33 Policing and Crime Act 2009 amends
sections 13 and 69 of the Licensing Act 2003 to
allow members of a licensing authority to act as
interested parties. This allows members of
licensing authorities to make representations to
object to licence applications or to call for a
licensing review, powers which under the
Licensing Act 2003 are only exercisable by
interested parties or responsible authorities.
So who does this mean?
• Licensing Act 2003;
• (1) In this Act “licensing authority” means—
• (a) the council of a district in England,
• (b) the council of a county in England in which there are no district
councils,
• (c) the council of a county or county borough in Wales,
• (d) the council of a London borough,
• (e) the Common Council of the City of London,
• (f) the Sub-Treasurer of the Inner Temple,
• (g) the Under-Treasurer of the Middle Temple, or
• (h) the Council of the Isles of Scilly.
• (2) For the purposes of this Act, a licensing authority’s area is the area for
which the authority acts.
Persistently possessing alcohol in public
place. Section 30 Policing and Crime Act
2009.
• A TIERED APPROACH.
• Youth Alcohol Action Plan 2008 “unsupervised
drinking and possession of alcohol is unacceptable”.
• National Audit office in 2006 came up with the
information that 2 thirds of people stop committing
anti-social behaviour after 1 intervention, and 9 out of
10 stop after 3.
Summary.
• It is an offence to persistently possess alcohol in a
public place.
• Makes it illegal for a person under 18 to be in
possession of alcohol on 3 or more occasions within a
period of 12 consecutive months.
• Must be used in conjunction with sec 29 of the Act
which amends the Confiscation of Alcohol (young
persons) act 1997 and Violent Crime Reduction Act
2006 which enable a constable to confiscate alcohol
from those under 18 and ensures the young person is
required to give name and address.
ST
1
OCCASION.
Confiscation, return young person home/place of
safety if under 16 or Sec 27 VCRA, direction to
Leave if appropriate. (Gives chance to take
photo). Letter to parents copied to YOTS.
Referral if appropriate to agencies such as young
persons drug and alcohol services.
nd
2
Occasion.
• ABC, ASBO (more extreme cases) should be
sought.
• Treatment provision if necessary and
appropriate from your local agencies.
• Parental visits/parenting contracts/parenting
orders. (Last case if ASBO is sought).
rd
3
•
•
•
•
Occasion in 12 months.
May be prosecuted. (ASBO on conviction?)
You may have use of conditional cautions.
You may have Youth Justice Resolution.
Ensure appropriate and proportionate response
to the level of behaviour.
A tiered approach:
Key challenge:
•Partnership working
•Cross force working
• ASBO?
• Fine
• Treatment
COURT
•Confiscate and record
•Take home?
•Inform parents – write
letter
•YOT referral
Key partners:
• Parents
• YOTs
• Targeted Youth
Support
• Safer Schools
Partnerships
•Trading standards
• ABCs
• Parenting Order
• Treatment
• YOT intervention
PRE-COURT
• Confiscate and record
• Take home?
• Inform parents – write letter
• YOT referral?
ACTIONS
• ABCs
• Parenting Contract
• Treatment
• YOT intervention
INTERVENTIONS
Amendments under sec 29 and 30 Police and Crime
Act 2009.
• Confiscation (S29 Policing & Crime Act 2009)
– No longer have to prove “intent to consume”
– Must record name and address (requirement under the Act.)
– Can remove to a place of safety (S1 Confiscation Act 1997)
– Offence if refuse to surrender or fail to give name and address.
• Directions to leave (S27 VCRA 2006)
– Extended to 10 to 15 year olds
– More effective management of mixed aged groups
– Must ensure understanding – repeat or parent?
– Can remove to a place of safety (S27 (4a) VCRA 2006)
Practical considerations.
• How do we record?
• Speedy intervention required because repeat
‘offenders’/has enough time elapsed to allow
intervention?.
• Statements required for each case?
• Partnership working with other agencies a must.
• Do mobile data terminals record the information
needed?
• Boundary issues.
• Criminalisation of young people is a concern.
Apparently.
Unauthorised Sales Closure Notice.
(Sec 19-28 Criminal Justice and Police Act 2001, as
amended by Schedule 6 Licensing Act 2003.)
• Police Constable or local authority can issue a
closure notice where;
• Any premises are/have been used (24hours) for
sale of alcohol for consumption on the premises
without a license
• Or any premises that have not acted ion
accordance with the conditions of their license.
If not remedied not less than 7
days, more than 6 months;
• Police or local authority can seek a closure
order from Magistrates which can
physically close the premises;
• Or require that unauthorised sale of
alcohol be discontinued immediately.
• If then run ‘in accordance’, cancellation
notice must be issued.
• Persistent selling
– Change from 3 strikes to 2 strikes in 3 months
Child arrested for using false ID in pub (MORNING ADVERTISER.)
By John Harrington
12/05/2010 10:21
A 17 year-old girl has been arrested for fraud for allegedly using someone
else’s ID to try to buy alcohol in a bar.
It’s believed to be among the first time that the 2006 Fraud Act has been used
to target attempts to allegedly buy alcohol underage.
The girl, who has not been named, was arrested in a bar in Chelmsford, Essex,
for fraud by false representation. She was bailed until today (12 May).
It follows the launch of a Home Office poster campaign in March targeting
underage drinking. The posters warned under-18s that if they are caught
using fake ID, or ID that’s owned by someone else, they could have it
confiscated and may be prosecuted.
Robert Humphreys, chairman of the Proof of Age Standards Scheme (PASS),
said: “It’s very welcome that there should be a better balance between
regulation activity on the licensed trade and action against young people
who use false documents to obtain
• Talk about licensed
premises exclusion of
certain persons act. Not
first occasion. On
conviction. On license.
Resorted/threatened to
resort to violence. 3
months to 2 years,
specified list. Landlord
can give permission.
Clerk must notify
premises.
• Drink banning orders
vcra. Up to 2 years,
variable depending on
course. On application
except 25 areas who have
it on conviction. Good
back up for pubwatch.
• Test purchasing. Some
new ideas. Using false id
to check resilience?
Covered by act the same
as under 18’s buying
alcohol, bearing in mind
recent arrest in Essex.