Licensees in Shropshire can now face tougher punishments if they or their punters flout the law, warns FBC Manby Bowdler LLP.
The Violent Crime Reduction Act has introduced a range of measures to tackle anti-social and nuisance behaviour by people “under the influence”.
The first way that this will affect licensees is the new offence of persistently selling alcohol to children. If a premises sells alcohol to under 18s three times in three consecutive months they can have their licence suspended by the courts as well as facing a review before the local authority and possible revocation of licence.
Also, if premises are linked with serious crime or serious disorder the police now have the power to seek a summary review of their licence. The local authority can then take interim steps to deal with the trouble spot within 48 hours of the police application. The main review should then take place within 28 days, instead of the current two months that licence reviews can often take.
The government also plans to allow councils to introduce “Alcohol Disorder Zones” in areas where nuisance or annoyance has been caused to the public by revellers under the influence or where there has been alcohol related disorder in those areas. As a consequence, authorities may be able to charge licensees a fee to enable the authority to deal with the adverse effects of anti-social behaviour in the area.
Additionally, anyone who has engaged in criminal or disorderly conduct while under the influence can be issued with a form of ASBO called a drink banning order. These prohibit the person from doing things like entering licensed premises.
David Campbell, solicitor at FBC Manby Bowdler, said: “Licensing, an area already fraught with restrictions, has now got a bit more complicated. I would recommend that any licensees seek legal advice to see how they are affected by the changes to the law.”
For further information please contact David Campbell on on 01902 578000 or d.campbell@fbcmb.co.uk
