The government has published its long-expected consultation on a mandatory national alcohol code and discretionary local alcohol code, expected to be implemented if parliament approves the Policing and Crime Bill currently in the Commons.

All alcohol-licensed premises will be subject to the mandatory code, whilst local authorities will be able to apply parts of the discretionary code to two or more licensed premises in an area where alcohol-related nuisance or disorder is causing problems for local residents.

However, parts of the Bill granting those powers are already causing concern due to the lack of of any route of appeal against the application of additional, retrospective licence conditions. Nor has it been made clear whether any additional resources will be available to licensing authorities in implementing these measures – in consultation with the police and local alcohol retailers – such as re-issuing licences with the new conditions on.

The Bill also seems not to provide an easy route to remove those discretionary conditions once the situation which led to their imposition has passed, although the forthcoming minor variations procedure under the Licensing Act 2003 may provide the answer.

Licensing authorities will also be involved in a balancing exercise when applying the new conditions as a judgement is required under the Act to ensure that any new conditions override any existing conditions, if they are identical to existing licence conditions, or inconsistent with and more onerous than the existing conditions.

Parts of the code were widely leaked earlier this year and many ideas condemnded as unworkable, such as a proposal for bottles in pubs to be cleared within fifteen minutes.

Breach of either code is effectively a breach of a licence conditions – with the possibility of the licence being reviewed by the licensing authority (and even more conditions being imposed) or on summary conviction facing a maximum £20,000 fine and/or six months imprisonment.

PROPOSALS FOR MANDATORY CODE
The latest document proposes this includes:

banning promotions such as ‘all you can drink for £10’, speed drinking competitions and ‘dentist's chairs’ where alcohol is dispensed directly into the mouth of any customer

ensuring all bars, pubs and clubs offer alcohol in both measures so customers have the choice between a single or double measure of spirits and a large or small glass of wine; and

requiring alcohol retailers to display information about the alcohol unit content of drinks and for supermarkets and convenience stores, the health impacts of alcohol under powers from the Food Safety Act.

A proposal to require all venues to institute a Challenge 21 scheme has been removed from the mandatory code to the discretionary code.

Home secretary Jacqui Smith said: ‘We do not want to stop the vast majority of people who enjoy a drink responsibly from doing so but this code will crack down on the minority of businesses whose irresponsible promotions fuel the excessive drinking that can lead people into crime and disorder or to risk their own or other's safety.

‘We have consulted with the alcohol industry to ensure the conditions in the proposed code target the irresponsible practices that most people agree should not be allowed.’

DISCRETIONARY CODE
Additional conditions for alcohol crime hotspots under the flexible local code include:

restricting happy hours or ‘pub crawl’ promotions at particular times most associated with alcohol-related crime and disorder

banning irresponsible bulk buy promotions where for example a consumer must buy more than one 24 pack of lager to obtain a discount to reduce the risk or people drinking excessive amounts of alcohol at home then going out already drunk and causing crime and disorder

requiring staff to operate a Challenge 21 policy where anyone who may look under 21 must produce proof of age to buy alcohol

requiring licensed door staff to conduct checks for weapons and drugs at times most associated with alcohol-related crime and disorder

banning glass containers or ensuring glasses are collected at regular intervals to reduce the risk of violent incidents

ensuring that CCTV is in operation at times most associated with alcohol-related crime and disorder; and

display information on the location of public transport links and taxi numbers to help people get home safely.

The government has decided not to proceed with any national or local measures around minimum unit price as it would punish unfairly the sensible majority of moderate and responsible drinkers. However the consultation commits to developing further the evidence base in this area.

In addition the consultation asks for views on whether banning retailers from selling alcohol at prices below the level of excise duty paid, plus the VAT due, would further the government's objectives in tackling alcohol-related harms in a way that does not unduly affect the majority of responsible drinkers and retailers.

In deciding when to implement the code, the government says it will take full account of the views of the pub and drinks trade and the economic conditions affecting the industry at present.

The government will pay particular attention to minimising the impact on the great majority of responsible pubs, clubs and retailers and giving them enough time to adapt to mandatory provisions in the code.

The consultation document can be downloaded, as always, from the Institute library.