Legal advice: Power play
By Suzanne Davies of thePublican.com's team of legal experts from London solicitors Joelson Wilson.
"Discounting is the last resort of the desperate". A quote from central government or from academics commenting on the late-night economy? No. A comment from a client of mine - a responsible operator.
All the recent hype about binge-drinking, happy hours, discounting and the need for more regulation misses the point. Most people drink responsibly. Most operators behave responsibly. We should not be seeing draconian measures imposed due to the lowest common denominator.
Readers will be aware that the British Beer & Pub Association (BBPA) has produced a document on how to operate promotions responsibly, which incorporates extracts from the British Codes of Advertising & Sales Promotion. Readers can access the guide on www.beerandpub.com.
Promotions are a valuable marketing tool and can be implemented effectively and responsibly. The BBPA has asked the government to promote the practice to local authorities when they assume licensing control to provide consistency of approach. Because the minority do not use these promotional tools properly problems are created for the majority who do.
I also believe that the long-awaited guidance to the Licensing Act 2003 remains outstanding because the government wishes to incorporate into it the findings of the Alcohol Harm Reduction Strategy Document. Result? Well, there will not be a more relaxed regime for operators. The moves to clamp down on late-night city disorder by virtue of extended powers for licensing authorities in relation to happy hours may only be the start.
Yet I agree with those who say why are yet more powers being given to authorities? Why don't they use the ones they have and will have under the new regime? If a premises is noisy why don't the police close it down? If premises are not operated appropriately and management is ineffective, object to the renewal of the licences. If premises do not comply with the requirements of Section 77, issue revocation proceedings. If certain operators are running inappropriate promotions, encouraging binge-drinking or anti-social behaviour, take away their ability to do so.
The system should be weighted against bad operators. The whole trade should not be tarred with the same brush.
