Pictured above: Andrew Lee, a solicitor in the
licensing team at Midlands' law firm Challinors
Licensees are being given a stark warning to be 'extra careful'
in the run-up to the election, as licensing committees are heeding
the 'binge drinking' buzz around parliament and proving keener than
ever to implement blanket conditions at licence reviews or
applications.
Andrew Lee, a solicitor in the licensing team at Midlands' law
firm Challinors explains: "The pre-election period and Political
Party manifestos will doubtless use the 'Booze Britain' issue as an
easy target for campaigns and to deliver fresh impetus to tackling
the drinking culture. The fate of pub and club licensees lies in
the hands of local councillors, who are acutely aware of the
interest in this issue.
"There's growing concern amongst the public in relation to
24-hour drinking and the government's intentions reflect this.
Alcohol consumption is sharply in focus and Licensees must be extra
vigilant as minor first offences could result in serious
sanctions.
"Recent cases have proved that a licensing panel is fully
entitled, and has the power, to revoke a licence if a serious
offence is committed, even if it is a first misdemeanour.
Parliament has placed tackling Britain's booze culture at the heart
of the electoral battleground, and licensees must take extra
care."
Binge drinking in the UK has become a buzzword within parliament
as it continues to tackle the country's booze culture. Emphasis is
being place on banning drinks promotions such as 'Happy hours' and
'all you can drink for £10', and parliament is debating a
tougher mandatory code of practice for licensees. "This will see
the imposition of large fines and even custodial sentences for
those licensees using irresponsible drink promotions," says
Andrew.
Measures currently proposed include pubs and clubs providing
free tap water to customers, the requirement for them to ask for
the identity of anyone who looks under 21 years old, and for
licensed premises to offer wine in small 125ml glasses as well as
the more common 250 ml measure, which have been blamed for the
increase in drunkenness amongst women. Licensees will also have to
offer small beer and spirit measures, whilst additional taxes could
be levied on 'problem' drinks such as alcopops and super-strength
beer and cider. Off licenses could also be banned from selling
alcohol below cost price.
"Ministers have stopped short of banning supermarket 'bulk
buys', despite the fact that drinking at home before a night out
has developed its own culture, particularly in the credit crunch,"
says Andrew. "This causes increased pressure for the pubs and clubs
as people arrive later in the evening and are already intoxicated
before ordering their first drink.
"Landlord's responsibilities are therefore increased and the
penalty for failure is greater as local authorities are given wider
powers to impose harsh sanctions.
"It's a tough time for licensees as the spotlight is on
parliament to address the booze culture in Britain - licensees must
be aware and be extra vigilant not to risk their licenses."
Challinors has offices in Birmingham, West Bromwich,
Wolverhampton, Halesowen and Nottingham. The firm has 24 partners
and over 100 fee earners, and is ranked as one of the top legal
firms in the West Midlands, being Number 1 in the Chambers UK
Directory in a number of categories, including Clinical
Negligence.