Licensing@aol.com
Can we ask for a thug ban?
QOver the years we have campaigned hard for the police to take legal action through the Crown Prosecution Service against thugs who are prosecuted. Now we are told that the "Ban the Thugs" Act has been repealed. We have another case coming up. What can we do?
A Indeed, the Licensed Premises (Exclusion of Certain Persons) Act 1980 is due for repeal, as I wrote last year. But for the moment it is still law and as far as I am concerned can still be used in court.
It will eventually be superseded by "drinking banning orders" under the Violent Crime Reduction Act 2006. But the commencement order bringing these into effect has not yet been made, and now does not seem likely until at least October. Several parts of this multi-purpose Act are still in the planning stage, including alcohol disorder zones, so it could be some time before the "Ban the Thugs" legislation finally hits the dust.
There is, therefore, nothing to prevent your association from requesting a ban at the time of conviction, and if you have a good working relationship with the police then the request can be put forward to the magistrates in the usual way.
Are TENs allowed all the year?
QIt has been suggested that although the new-style temporary event extension is available to licensees, there are certain days of the year on which they are not allowed. Is this true?
A No, it isn't. There used to be one or two days during the year when occasional licences could not be granted, but all that was swept away when the Licensing Act 2003 came into effect. A temporary event notice (TEN) can now be given for any time of the day or night, 365 days a year.
However, if one was given for really anti-social hours, then the police might object on crime and disorder grounds, citing the possibility of disturbance leading to violent conduct. But this is in itself stretching the grounds for objection, and in general they will not object unless there is a clear breach of the law anticipated.
So TENs are allowed for Sundays, Christmas Day and any other religious holiday, as well as televised sporting events at unusual times, such as early morning. No objection can be raised as to the actual times.
