Licensing authorities operate according to four licensing objectives, to make sure that licensable activities are carried out in the public interest:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
There are four licensable activities contained within the Act:
- The sale of alcohol by retail
- The supply of alcohol by or on behalf of a club to, or to the order of, a member of a club
- The provision of regulated entertainment
- The provision of late night refreshment
Guidance in respect of Drinks Promotions
Since the introduction of the mandatory code regarding drinks promotions in 2010, there has been considerable confusion amongst the licensed trade, the police and licensing authorities in the understanding of the meaning of an irresponsible drinks promotion. This has been largely due to difficulties in the interpretation of the relevant condition above. It is understood that the government intends to amend these mandatory conditions to ensure that everyone is clear on the meaning of an irresponsible promotion.
However, regardless of the legal meaning of an irresponsible drinks promotion, licensees and premises supervisors are reminded of their moral and social responsibilities in ensuring that they refrain from offering any promotions that are designed to encourage people to drink excessive amounts of alcohol, or drink more than they normally would do. Operators are asked to consult either the Police Partnership Team or the Council’s Licensing Team before proceeding with any drinks promotions.
The Trading Standards & Licensing Section have produced a brief guidance document (.pdf, 58kb) to assist in this area.
Police Reform and Social Responsibility Act 2011
The government set a clear commitment to overhaul alcohol licensing to tackle the crime and disorder caused by alcohol and the resultant health and social harms, and to rebalance the Licensing Act 2003 in favour of local communities. The Police Reform and Social Responsibility Act 2011 makes a number of amendments to the Licensing Act and the majority of the new provisions were introduced on 25th April 2012. Further information about the changes to the Licensing Act can be viewed here.