Licensing Act has caused ‘significant problems’ for councils, report warns

The 2003 Licensing Act is commonly interpreted to the advantage of the licensed trade, causing ‘significant problems’ for councils, according to a report from the Institute of Alcohol Studies (IAS).

The report claims that local authorities have often been ‘bullied’ by the licensed trade after the relaxation of licensing hours 10 years ago, and warns that business interests have often been put before those of local authorities.

While the changes to licensing laws were hoped to lead to a more relaxed drinking culture, as found on the continent, the report claims that late night opening has instead led to increased crime and disorder, putting a greater strain on councils and police forces.

The IAS suggests that some of these issues stem from the fact that there are common misconceptions surrounding the Act, which have helped to advance the interested of the licence trade at the expense of councils.

These include: the incorrect idea that the Act is overly permissive, when it actually offers local authorities far more discretion than many realise; the ‘premises by premises’ approach, a widespread idea within licensing that premises must be looked at in isolation from their local environment, which does not have a proper basis within the Act, guidance or case law; and the notion that lots of factual evidence is needed to make a decision, when the Act actually allows for a wide range of evidence, with decisions taken on the balance of probabilities, not to a criminal level of certainty.

The IAS suggests that there are significant opportunities for local authorities to use licensing in a more proactive and assertive manner by paying closer attention to the Act, guidance and case law.

The report also makes a number of recommendations to give give greater control to local councils. These include: the introduction of a health objective and an economic objective to the 2003 Licensing Act; encouraging local authorities to use the Act in a more assertive manner in order to create safer and more sustainable night time economies; introducing set opening hours for the off-trade, such as 10am till 10pm; and locally set licensing fees so that all councils can properly recover their costs from the licensed trade – at the moment many areas subsidise the licensed trade to considerable amounts.

Jon Foster, lead author of the report said: “Over the last 10 years business interests have too often won out over local communities. Very late closing times suck in police resources and mean that there are less officers available to do community police work during the rest of the week.

"Local councils could help themselves more by paying closer attention to the Act and case law in order use licensing more assertively, but there is also a need for the government to better support councils against challenge from the licensed trade.”

Tony Hogg, police and crime commissioner for Cornwall and chair of the Police and Crime Commissioner Alcohol Group, said: "The relaxation of licensing hours 10 years ago has contributed to a seismic shift in drinking behaviours. Alongside the later opening of venues we have seen the growth of the phenomenon of pre-loading. People are increasingly entering our town centres much later at night and often having already consumed large amounts of alcohol at home. This can make them particularly vulnerable and places significant pressures on policing and on wider support networks like street pastors.

"The licensing framework is a critical tool in managing alcohol related harm and I welcome this comprehensive work by the Institute of Alcohol Studies which shines a light on some of the real challenges we face with the current licensing regime. It is important that we all work together to deliver key improvements to the system.”