Home Office Consultations

January 2012 - The Home Office has issued its consultation on the Late Night Levy and Early Morning Restriction Orders in a document entitled 'Dealing with the Problems of the Late Night Drinking'.

 

In his foreword, Lord Henley, the Minister of State for Crime Prevention and Anti-Social Behaviour Reduction, states that his 'intention is that both EMROs and the Late Night Levy will empower local communities to act to achieve a more viable night time economy'.

An EMRO would enable licensing authorities to restrict the sale of alcohol in the whole or a part of their areas between midnight and 6am. The Late Night Levy will allow licensing authorities to raise a contribution from late-opening (midnight to 06:00) alcohol retailers towards policing the late night economy.

This is a vital consultation and it is your opportunity to have your say.To download the full consultation and also submit your comments to the Home Office, click here The consultation runs for 12 weeks from 17 January to 10 April 2012.

 

 

Rebalancing the Licensing Act
A consultation on empowering individuals, families and local communities to shape and determine local licensing

Thanks to all our members who took the time to respond to our email campaign relating to the Government Consultation on “Rebalancing the Licensing Act”. 

Attached is our response to the 29 questions outlined within the Consultation Document.

We encourage you as individual businesses, to send your own responses. Please feel free to use any of the BII responses outlined attached..  Responses can be submitted online through the Home Office website www.homeoffice.gov.uk/about-us/consultations
The deadline for your response is Wednesday 8 September.

            
Response from BII
Drink and Drug Driving Law – New Inquiry

Thanks to all our members who took the time to respond to our email campaign relating to the Government Consultation Inquiry to the above. 

Attached is our response.

Mandatory conditions

a) The Licensing Act 2003 has been amended to include additional mandatory conditions which apply to all premises licences authorising the sale or supply of alcohol. The responsible person for every premises should ensure that all staff are aware of these conditions. 

b) The following mandatory conditions came into force from 6th April 2010:

  • No staff in licensed premises should carry out, arrange or participate in any irresponsible promotions relating to the premises. An irresponsible promotion means any one or more of the following activities, or substantially similar activities that are carried on in such a way that there is significant risk of the premises being in breach of any of the licensing objectives:

 - Games which require or encourage people to drink a quantity of alcohol within a time limit (other than to consume drinks already purchased before the premises closes), or to drink as much alcohol as possible, even without a time limit

- Unlimited or unspecified amounts of alcohol being given free or for a fixed fee to the public or a group defined by a particular characteristic, i.e. all you can drink for £10; women drink free; student discount nights etc (does not apply if offer is linked to the consumption of a table meal)

 - Free or discounted alcohol (or anything else, such as free concert tickets) as a prize to encourage or reward the purchase and consumption of alcohol over a 24 hour period, or less

 - Free or discounted alcohol linked to a sporting event, such as free drinks for 30 minutes after the game if a certain team wins, or greatly reduced shots every time a try is scored

 - Selling or supplying alcohol in association with promotional posters or flyers which condone or glamorise anti-social behaviour

  • There is a ban on ‘Dentist chair’ games where alcohol is dispensed directly into the mouth of a customer. Customers may organise their own ‘Dentist chair’ game, you need to make sure that this does not happen on your premises. This does not apply if the person receiving the drink cannot do so otherwise due to disability.
  • Free tap water is to be provided to customers on request where it is reasonably available.

c) From 1st Ocober 2010, two additional conditions will also apply:

  • Alcohol must be available to customers in the following measures and customers must be made aware that these measures are available:

 - Beer and cider in ½ pints
 - Gin, rum, vodka and whisky in 25ml or 35ml shots
 - Wine served by the glass in 125 ml glasses (still wine only, not sparkling)

  • Every premises selling alcohol will be required to have an age verification policy requiring staff to check the ID of anyone appearing to be under the age of 18 years (or any such older age as may be specified in the policy).