Government urged to clarify new licensing code

02 March 2010 by
Government urged to clarify new licensing code

The Government has been urged to clarify its proposed changes to the new mandatory code for licensed operators after concerns were raised they would be overly burdensome.

Among the Mandatory Licensing Conditions, which are effectively additions to the Licensing Act 2003, are a ban on "irresponsible" promotions, free tap water for customers, a new requirement to ask drinkers who appear to be under age to provide photo ID, and a requirement to provide small measures.

Three of the conditions are expected to become law on 6 April this year, provided they are not opposed by MPs, with the final two - the new requirements on age verification and smaller measures - coming into force in October.

Speaking ahead of a Parliamentary debate on the changes, which begins today, Jeremy Allen, partner at Poppleston Allen, said the Government "has got it wrong" and warned that many of the changes would create real difficulty for operators.

The condition that has caused the most concern is the requirement for pub staff to demand ID from drinkers if they appear younger than 18 (or such an age specified in the policy),

"If the words in brackets remain then I have no doubt that the condition will be breached if (staff) fail to challenge under-21s or under-25s dependent upon the policy adopted," Allen said.

"The Government can simply take out the words in brackets and it ceases to be a problem. Leaving these words in raises the risk that a review of the licence could follow if the police or local authority take 22- or 23-year olds into the premises and find that they are not challenged."

Allen also warned that the conditions are worded so as to allow for a number of alternative interpretations which could lead to expensive difficulties in the future.

Government could add more clauses to mandatory drinking code, warns expert >>

Government calls for ‘all-you-can-drink' promos to be banned >>

ALMR prepares to fight plan to ban 24-hour drinking >>

More news, analysis and comment on binge drinking >>

By Daniel Thomas

E-mail your comments to Caterer News here.

If you have something to say on this story or anything else join the debate at Table Talk - Caterer's new networking forum. Go to www.caterersearch.com/tabletalk

Caterersearch.com jobs
Looking for a new job? Find your next pub job here with Caterersearch.com jobs

Blogs on Caterersearch.com](http://www.caterersearch.com/blogs) Catch up with more news and gossip on all Caterer's blogs
[Newsletters For the latest hospitality news, sign up for our e-mail newsletters.
The Caterer Breakfast Briefing Email

Start the working day with The Caterer’s free breakfast briefing email

Sign Up and manage your preferences below

Check mark icon
Thank you

You have successfully signed up for the Caterer Breakfast Briefing Email and will hear from us soon!

Jacobs Media is honoured to be the recipient of the 2020 Queen's Award for Enterprise.

The highest official awards for UK businesses since being established by royal warrant in 1965. Read more.

close

Ad Blocker detected

We have noticed you are using an adblocker and – although we support freedom of choice – we would like to ask you to enable ads on our site. They are an important revenue source which supports free access of our website's content, especially during the COVID-19 crisis.

trade tracker pixel tracking