Licensing Tools.Licensing Tools.

Licensing Act 2003.Licensing Act 2003.This was the primary This was the primary

legislation legislation surrounding surrounding

enforcement but we enforcement but we have some new toys, have some new toys,

and some old and some old favorites that we favorites that we

don’t like to thropw don’t like to thropw away just yet.away just yet.

New stuff, and some old New stuff, and some old favourites;favourites;

• Mandatory Conditions.Mandatory Conditions.• License Premises License Premises

Exclusion Orders.Exclusion Orders.• Drink Banning Orders.Drink Banning Orders.• Persistently Persistently

possessing alcohol in possessing alcohol in public place.public place.

• Test PurchasingTest Purchasing• Review power for Review power for

Licensing Authority.Licensing Authority.• Multiple sales to Multiple sales to

under 18’s.under 18’s.

• Expedited Review.Expedited Review.• Designated public Designated public

place orders. place orders. • Alcohol diversion Alcohol diversion

schemes.schemes.• Confiscation of Confiscation of

alcohol from under alcohol from under 18’s.18’s.

• Directions to leave Directions to leave the area.the area.

• Unauthorised Sales Unauthorised Sales Closure Notice.Closure Notice.

2009 Crime and Policing 2009 Crime and Policing Act.Act.

• Amends Various Acts, including Amends Various Acts, including Licensing Act 2003, Confiscation of Licensing Act 2003, Confiscation of Alcohol (young persons) act 1997 Alcohol (young persons) act 1997 and Violent Crime Reduction Act and Violent Crime Reduction Act 2006.2006.

• All in our favour!All in our favour!

Mandatory Mandatory Conditions.Conditions.

Licensing Act 2003, Licensing Act 2003, as amended.as amended.

From the 6From the 6thth April 2010. April 2010.

Irresponsible Drinks Irresponsible Drinks Promotions.Promotions.

• The responsible person shall take all The responsible person shall take all

reasonable steps to ensure that reasonable steps to ensure that staffstaff

on relevant premises do not carry on relevant premises do not carry out, out,

arrange or participate in any arrange or participate in any irresponsible promotions in irresponsible promotions in relation to the premises. relation to the premises.

What is ‘irresponsible’?What is ‘irresponsible’?

• carried on for the purpose of carried on for the purpose of encouraging the sale or supply of encouraging the sale or supply of alcohol for consumption on the alcohol for consumption on the premises in a manner which carries premises in a manner which carries a significant risk of leading or a significant risk of leading or contributing to crime and disorder, contributing to crime and disorder, prejudice to public safety, public prejudice to public safety, public nuisance, or harm to children– nuisance, or harm to children–

Games.Games.

• games or other activities which require or games or other activities which require or encourage, or are designed to require or encourage, or are designed to require or encourage, individuals to– encourage, individuals to–

• drink a quantity of alcohol within a time limit drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied (other than to drink alcohol sold or supplied on the premises before the cessation of the on the premises before the cessation of the period in which the responsible person is period in which the responsible person is authorised to sell or supply alcohol), or authorised to sell or supply alcohol), or

• drink as much alcohol as possible (whether drink as much alcohol as possible (whether within a time limit or otherwise);within a time limit or otherwise);

Free or discounted Free or discounted alcohol.alcohol.

• provision of unlimited or unspecified provision of unlimited or unspecified quantities of alcohol free or for a fixed quantities of alcohol free or for a fixed or discounted fee to the public or to a or discounted fee to the public or to a group defined by a particular group defined by a particular characteristic (other than any promotion characteristic (other than any promotion or discount available to an individual in or discount available to an individual in respect of alcohol for consumption at a respect of alcohol for consumption at a table meal, as defined in section 159 of table meal, as defined in section 159 of the Act); the Act);

• NOTE; Guidance differs from this.NOTE; Guidance differs from this.

Free or discounted price?Free or discounted price?

• The The guidanceguidance uses the phrase “large uses the phrase “large quantities of alcohol for free or quantities of alcohol for free or discounted cost”.discounted cost”.

• LegislationLegislation uses the phrase uses the phrase “provision of “provision of unlimitedunlimited or or unspecifiedunspecified quantities of alcohol quantities of alcohol free or for a fixed or discounted fee”. free or for a fixed or discounted fee”.

Guidance gives examples Guidance gives examples of breaches as being “all of breaches as being “all you can drink for £10”, you can drink for £10”, but also “10 pints for but also “10 pints for

£10”. Is this “unspecified £10”. Is this “unspecified or unlimited”? Be aware or unlimited”? Be aware

of the differences of the differences between legislation and between legislation and

guidance. guidance.

Prizes for Drinking!Prizes for Drinking!

• provision of free or discounted provision of free or discounted alcohol alcohol or any other thingor any other thing as a prize as a prize to encourage or reward the to encourage or reward the purchase and consumption of purchase and consumption of alcohol over a period of 24 hours or alcohol over a period of 24 hours or less; less;

Sporting Event.Sporting Event.

• provision of free or discounted alcohol provision of free or discounted alcohol in relation to the viewing in relation to the viewing onon the the premises of a sporting event, where premises of a sporting event, where that provision is dependent on– that provision is dependent on–

• (i) the outcome of a race, competition (i) the outcome of a race, competition or other event or process, or or other event or process, or

• (ii) the likelihood of anything occurring (ii) the likelihood of anything occurring or not occurring;or not occurring;

Advertising.Advertising.

• selling or supplying alcohol in selling or supplying alcohol in association with promotional posters association with promotional posters or flyers on, or in the vicinity of, the or flyers on, or in the vicinity of, the premises which can reasonably be premises which can reasonably be considered to condone, encourage or considered to condone, encourage or glamorise anti-social behaviour or to glamorise anti-social behaviour or to refer to the effects of drunkenness in refer to the effects of drunkenness in any favourable manner. any favourable manner.

Dentist Chair and Dentist Chair and drinking water.drinking water.

• The responsible The responsible person shall ensure person shall ensure that no alcohol is that no alcohol is dispensed directly by dispensed directly by one person into the one person into the mouth of another mouth of another (other than where (other than where that other person is that other person is unable to drink unable to drink without assistance by without assistance by reason of a disability).reason of a disability).

•     The responsible The responsible person shall person shall ensure that free ensure that free tap water is tap water is provided on provided on request to request to customers where it customers where it is reasonably is reasonably available.available.

And from the 1And from the 1stst October: October:

• The premises licence holder or club premises The premises licence holder or club premises certificate holder shall ensure that an age certificate holder shall ensure that an age verification policy applies to the premises in verification policy applies to the premises in relation to the sale or supply of alcohol.relation to the sale or supply of alcohol.

•   The policy must require individuals who The policy must require individuals who appear to the responsible person to be under appear to the responsible person to be under 18 years of age (or such older age as may be 18 years of age (or such older age as may be specified in the policy) to produce on request, specified in the policy) to produce on request, before being served alcohol, identification before being served alcohol, identification bearing their photograph, date of birth and a bearing their photograph, date of birth and a holographic mark.holographic mark.

andand

• The responsible person shall ensure that–The responsible person shall ensure that–• (a) where any of the following alcoholic drinks is (a) where any of the following alcoholic drinks is

sold or supplied for consumption on the premises sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or having been made up in advance ready for sale or supply in a securely closed container) it is supply in a securely closed container) it is available to customers in the following measures– available to customers in the following measures–

• (i) beer or cider: ½ pint; (i) beer or cider: ½ pint; • (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and • (iii) still wine in a glass: 125 ml; and (iii) still wine in a glass: 125 ml; and • (b) customers are made aware of the availability (b) customers are made aware of the availability

of these measures.of these measures.

Not all drinks Not all drinks promotions are promotions are

irresponsible, but irresponsible, but managers are managers are recommended recommended

contacting local contacting local licensing authority licensing authority

and/or police to and/or police to discuss the discuss the promotion. promotion.

Licensing Authority as Licensing Authority as interested parties.interested parties.

• Section 33 Policing and Crime Act 2009 Section 33 Policing and Crime Act 2009 amends sections 13 and 69 of the Licensing amends sections 13 and 69 of the Licensing Act 2003 to allow members of a licensing Act 2003 to allow members of a licensing authority to act as interested parties. This authority to act as interested parties. This allows members of licensing authorities to allows members of licensing authorities to make representations to object to licence make representations to object to licence applications or to call for a licensing applications or to call for a licensing review, powers which under the Licensing review, powers which under the Licensing Act 2003 are only exercisable by interested Act 2003 are only exercisable by interested parties or responsible authorities. parties or responsible authorities.

So who does this mean?So who does this mean?

• Licensing Act 2003;Licensing Act 2003;

• (1) In this Act “licensing authority” means— (1) In this Act “licensing authority” means— • (a) (a) the council of a district in England, the council of a district in England, • (b) the council of a (b) the council of a county in England in which there county in England in which there

are no district councilsare no district councils, , • (c) the council of a county or county borough in Wales, (c) the council of a county or county borough in Wales, • (d) the (d) the council of a London boroughcouncil of a London borough, , • (e) the Common Council of the City of London, (e) the Common Council of the City of London, • (f) the Sub-Treasurer of the Inner Temple, (f) the Sub-Treasurer of the Inner Temple, • (g) the Under-Treasurer of the Middle Temple, or (g) the Under-Treasurer of the Middle Temple, or • (h) the Council of the Isles of Scilly. (h) the Council of the Isles of Scilly. • (2) For the purposes of this Act, a licensing authority’s (2) For the purposes of this Act, a licensing authority’s

area is the area for which the authority acts.area is the area for which the authority acts.

Persistently possessing alcohol Persistently possessing alcohol in public place. Section 30 in public place. Section 30

Policing and Crime Act 2009.Policing and Crime Act 2009.

• A TIERED APPROACH. A TIERED APPROACH. • Youth Alcohol Action Plan 2008 Youth Alcohol Action Plan 2008

“unsupervised drinking and possession of “unsupervised drinking and possession of alcohol is unacceptable”.alcohol is unacceptable”.

• National Audit office in 2006 came up with National Audit office in 2006 came up with the information that 2 thirds of people stop the information that 2 thirds of people stop committing anti-social behaviour after 1 committing anti-social behaviour after 1 intervention, and 9 out of 10 stop after 3.intervention, and 9 out of 10 stop after 3.

Summary.Summary.• It is an offence to persistently possess alcohol It is an offence to persistently possess alcohol

in a public place.in a public place.• Makes it illegal for a person under 18 to be in Makes it illegal for a person under 18 to be in

possession of alcohol on 3 or more occasions possession of alcohol on 3 or more occasions within a period of 12 consecutive months.within a period of 12 consecutive months.

• Must be used in conjunction with sec 29 of Must be used in conjunction with sec 29 of the Act which amends the Confiscation of the Act which amends the Confiscation of Alcohol (young persons) act 1997 and Violent Alcohol (young persons) act 1997 and Violent Crime Reduction Act 2006 which enable a Crime Reduction Act 2006 which enable a constable to confiscate alcohol from those constable to confiscate alcohol from those under 18 and ensures the young person is under 18 and ensures the young person is required to give name and address.required to give name and address.

11STST OCCASION. OCCASION.

Confiscation, return young person Confiscation, return young person home/place of safety if under 16 or home/place of safety if under 16 or Sec 27 VCRA, direction to Leave if Sec 27 VCRA, direction to Leave if appropriate. (Gives chance to take appropriate. (Gives chance to take photo). Letter to parents copied to photo). Letter to parents copied to YOTS. Referral if appropriate to YOTS. Referral if appropriate to agencies such as young persons agencies such as young persons drug and alcohol services.drug and alcohol services.

22ndnd Occasion. Occasion.

• ABC, ASBO (more extreme cases) ABC, ASBO (more extreme cases) should be sought. should be sought.

• Treatment provision if necessary and Treatment provision if necessary and appropriate from your local appropriate from your local agencies.agencies.

• Parental visits/parenting Parental visits/parenting contracts/parenting orders. (Last contracts/parenting orders. (Last case if ASBO is sought).case if ASBO is sought).

33rdrd Occasion in 12 Occasion in 12 months.months.

• May be prosecuted. (ASBO on May be prosecuted. (ASBO on conviction?)conviction?)

• You may have use of conditional You may have use of conditional cautions.cautions.

• You may have Youth Justice You may have Youth Justice Resolution. Resolution.

• Ensure appropriate and proportionate Ensure appropriate and proportionate response to the level of behaviour.response to the level of behaviour.

A tiered approach: A tiered approach:

One-off

• Confiscate and record• Take home?• Inform parents – write letter• YOT referral?

12 c

onsecu

tive m

onths

• ABCs• Parenting Contract• Treatment• YOT intervention

Persistent

Key partners: • Parents• YOTs• Targeted Youth Support• Safer Schools Partnerships•Trading standards

INTERVENTIONSACTIONS

COURT

• ASBO?• Fine

• Treatment

PRE-COURT

Repeat

•Confiscate and record•Take home?•Inform parents – write letter•YOT referral

• ABCs• Parenting Order• Treatment• YOT intervention

Key challenge:•Partnership working•Cross force working

Amendments under sec 29 and 30 Amendments under sec 29 and 30 Police and Crime Act 2009.Police and Crime Act 2009.

• Confiscation Confiscation (S29 Policing & Crime Act 2009)(S29 Policing & Crime Act 2009)– No longer have to prove “intent to consume”No longer have to prove “intent to consume”– Must record name and address (requirement under the Must record name and address (requirement under the

Act.)Act.)– Can remove to a place of safety (S1 Confiscation Act Can remove to a place of safety (S1 Confiscation Act

1997)1997)– Offence if refuse to surrender or fail to give name and Offence if refuse to surrender or fail to give name and

address.address.

• Directions to leave (S27 VCRA 2006)Directions to leave (S27 VCRA 2006)– Extended to 10 to 15 year oldsExtended to 10 to 15 year olds– More effective management of mixed aged groupsMore effective management of mixed aged groups– Must ensure understanding – repeat or parent?Must ensure understanding – repeat or parent?– Can remove to a place of safety (S27 (4a) VCRA 2006)Can remove to a place of safety (S27 (4a) VCRA 2006)

Practical considerations.Practical considerations.• How do we record?How do we record?• Speedy intervention required because repeat Speedy intervention required because repeat

‘offenders’/has enough time elapsed to allow ‘offenders’/has enough time elapsed to allow intervention?. intervention?.

• Statements required for each case?Statements required for each case?• Partnership working with other agencies a must.Partnership working with other agencies a must.• Do mobile data terminals record the information Do mobile data terminals record the information

needed?needed?• Boundary issues.Boundary issues.• Criminalisation of young people is a concern. Criminalisation of young people is a concern.

Apparently.Apparently.

Unauthorised Sales Closure Unauthorised Sales Closure Notice.Notice.

(Sec 19-28 Criminal Justice and Police Act (Sec 19-28 Criminal Justice and Police Act 2001, as amended by Schedule 6 Licensing 2001, as amended by Schedule 6 Licensing

Act 2003.)Act 2003.)

• Police Constable or local authority can Police Constable or local authority can issue a closure notice where;issue a closure notice where;

• Any premises are/have been used Any premises are/have been used (24hours) for sale of alcohol for (24hours) for sale of alcohol for consumption on the premises without a consumption on the premises without a licenselicense

• Or any premises that have not acted ion Or any premises that have not acted ion accordance with the conditions of their accordance with the conditions of their license.license.

If not remedied not less If not remedied not less than 7 days, more than 6 than 7 days, more than 6

months;months;• Police or local authority can seek a Police or local authority can seek a

closure order from Magistrates closure order from Magistrates which can physically close the which can physically close the premises;premises;

• Or require that unauthorised sale Or require that unauthorised sale of alcohol be discontinued of alcohol be discontinued immediately.immediately.

• If then run ‘in accordance’, If then run ‘in accordance’, cancellation notice must be issued.cancellation notice must be issued.

• Persistent sellingPersistent selling– Change from 3 strikes to 2 strikes in Change from 3 strikes to 2 strikes in

3 months3 months

Child arrested for using false ID in pub (MORNING Child arrested for using false ID in pub (MORNING ADVERTISER.)ADVERTISER.)

By John Harrington By John Harrington

12/05/2010 10:21 12/05/2010 10:21

A 17 year-old girl has been arrested for fraud for allegedly 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.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 It’s believed to be among the first time that the 2006 Fraud Act has been used to target attempts to allegedly buy alcohol has been used to target attempts to allegedly buy alcohol underage.underage.

The girl, who has not been named, was arrested in a bar in The girl, who has not been named, was arrested in a bar in Chelmsford, Essex, for fraud by false representation. She was Chelmsford, Essex, for fraud by false representation. She was bailed until today (12 May).bailed until today (12 May).

It follows the launch of a Home Office poster campaign in March It follows the launch of a Home Office poster campaign in March targeting underage drinking. The posters warned under-18s targeting underage drinking. The posters warned under-18s that if they are caught using fake ID, or ID that’s owned by that if they are caught using fake ID, or ID that’s owned by someone else, they could have it confiscated and may be someone else, they could have it confiscated and may be prosecuted.prosecuted.

Robert Humphreys, chairman of the Proof of Age Standards Robert Humphreys, chairman of the Proof of Age Standards Scheme (PASS), said: “It’s very welcome that there should be Scheme (PASS), said: “It’s very welcome that there should be a better balance between regulation activity on the licensed a better balance between regulation activity on the licensed trade and action against young people who use false trade and action against young people who use false documents to obtaindocuments to obtain

• Talk about Talk about licensed premises licensed premises exclusion of exclusion of certain persons certain persons act. Not first act. Not first occasion. On occasion. On conviction. On conviction. On license. license. Resorted/threatenResorted/threatened to resort to ed to resort to violence. 3 months violence. 3 months to 2 years, to 2 years, specified list. specified list. Landlord can give Landlord can give permission. Clerk permission. Clerk must notify must notify premises.premises.

• Drink banning orders Drink banning orders vcra. Up to 2 years, vcra. Up to 2 years, variable depending on variable depending on course. On application course. On application except 25 areas who except 25 areas who have it on conviction. have it on conviction. Good back up for Good back up for pubwatch.pubwatch.

• Test purchasing. Some Test purchasing. Some new ideas. Using false new ideas. Using false id to check resilience? id to check resilience? Covered by act the Covered by act the same as under 18’s same as under 18’s buying alcohol, buying alcohol, bearing in mind recent bearing in mind recent arrest in Essex.arrest in Essex.