Following a Licensing Committee Meeting, Lichfield Council has given it’s backing to changes to the way in which alcohol licensing is managed, potentially giving more control to local authorities over when and where licences are issued.

Whilst I applaud any efforts to reduce the impact of alcohol on the area, I have some issues with what real changes the new guidelines would make.  For example:

It proposes to give licensing authorities the power to refuse applications without requiring representations from a responsible authority’, and ‘reduce the evidential burden of proof required by licensing authorities in making their decisions’.

A local authority can already refuse a license without requiring representations from police, trading standards etc.  Of course it is easier to make a refusal with their support but it is not a requirement.  An appeal involving Thwaites vs Wirrall (and a subsequent amendment to the government guidelines)  made clear that, although there is a burden of evidence required, licensing sub-committees, particularly for new premises where there is no history,  have powers to conclude, that there is a very real threat of the fears or the dangers being described actually occurring.  In other words, they do not need a long list of past incidents to refuse a license, they can base their judgment on the potential for problems.

The Government also plans to increase the input of local residents in licensing decisions, introduce tougher sentences for persistent underage sales and ban the sale of alcohol below cost price.

From my experience of the licensing committee for Lichfield, they would need to first learn how to listen to residents in the first place, let alone try to imagine themselves in their situation.  Sentencing for underage sales first requires Trading Standards to monitor and enforce existing rules which I have not witnessed much enthusiasm for.

Above all, even with the changes the government are proposing, the focus of the Licensing Act and it’s operation fail to acknowledge the different issues relating to pub/club licensing and off-licensing.  An application in a town centre where policing is available and issues are concentrated on non-residential areas needs a very different focus to that required by an off-license in a residential area.  Too much attention is paid to late-night binge drinking in town centres where the focus is the protection of drinkers and property whereas the problems of under-age drinking and public nuisance is really the realm of the off-license where it is much more difficult to police.

To be blunt, it’s fine giving local authorities more powers but they still need the balls to use them.