Severe Penalties For Mandatory Code Breaches And New Powers For Local Councillors

New Powers for Local Councillors

On Friday 29th January 2010, local authorities gained tough new powers relating to licensing laws enabling them to call for a review to restrict or remove the licence of a problem premises without having to wait for the police or local residents to complain.

Mandatory Code Conditions

Home Secretary Alan Johnson announced the following final conditions that are to be included in the new mandatory code:

• a ban on irresponsible promotions, such as “all you can drink for £10”;
• a ban on “dentist’s chair” style drinking games where alcohol is poured directly into customers’ mouths;
• ensuring free tap water is constantly available to customers;
• a compulsory requirement to check under 18s for ID;
• ensuring that all on trade licensed premises offer beers, wines and spirits in smaller measures.

Any premises found to be breaching the mandatory code or any secondary conditions that have been imposed will face a range of possible sanctions, including losing their licence, having additional conditions placed on their licence or a maximum fine of £20,000 and/or six months’ imprisonment.

Two Stages of Implementation

The code will be introduced in two stages. The first three conditions covering irresponsible promotions, the “dentist’s chair” and providing free tap water will come into effect on 6th April 2010.

The remaining conditions on age verification and offering smaller measures will come into effect on 1st October 2010.

What Happens Next?

The proposed conditions of the mandatory code will now go before Parliament for approval. The power to introduce a mandatory code of conduct for alcohol retailers was granted through the Policing and Crime Act, which received Royal Assent in November 2009.

Need Help?

BII members requiring information, advice and help with ensuring they will be able to comply with the new conditions can contact the BII licensing hotline by calling BII Membership Services on 01276 684449 between 9am and 5pm Monday to Friday. Please have your membership number to hand.

Click the icon to the right to download and PDF of a press notice issued by the Home Office last week giving further details of the above new story.

Anyone interested to read the full consultation response document can visit the Home Office website here http://www.homeoffice.gov.uk

Contact

Joanna Buston
Email: joannab@bii.org
Telephone: 01276 417863