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Licensing Act Review 'More of the Same'
Written by Jeffrey Leib   
Thursday, 06 March 2008

The Licensing Act review offers more of the same, says the Institute of Licensing, in its comment this week on the government's proposals.

Many of the initiatives that have been announced amount to formalising the practise of many licensing authorities already, whilst risking penalising licensed premises that are sensibly run.

Of particular note, says the licensing practitioners' organisation, is the call for the wholesale withdrawal of licences in areas blighted by crime and disorder. The Licensing Act 2003 speaks loudly of the need for working in partnership and in consensus with all relevant parties, but this proposal seems to be an attempt to buttress the ill-fated alcohol disorder zone provisions which no licensing authority seems to want to consider.

Although communication and information-sharing is important, the Institute questions the need for another toolkit to be issued by the government to local councils and the police - at least the fourth within two years. A summit for police and local authorities risks replicating existing exchange mechanisms and also, as is often the case, risks excluding crucial partners in the debate - the alcohol industry and retailers themselves.

Other proposals are encouraging. The intention to make it easier to review premises where local intelligence suggests there is a problem doesn't necessarily sound like new powers, unless it is linked to the power for licensing authorities themselves to initiate licence reviews, which the Institute has long advocated.

The Institute believes there are already powers for enforcement authorities to close premises where there is disorder, and is not convinced there is a need for more. However, a formalised system of 'improvement' and 'prohibition' notices for licence- holders, based on those used under the Health and Safety at Work Act 1974 and the Food Safety Act 1990 could be more effective.

The 'Three Strikes and You're Out' regime introduced under the Violent Crime Reduction Act 2006 has been in force for less than a year. To switch this to immediate loss of a licence for two under-age sales seems to the Institute to be draconian and should only be implemented if the other measures are clearly not shown to be working. Greater awareness of the existing legislation amongst the off-trade would be better and more productive.

 
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