Legal advice: Decisions on disorder

The Alcohol Harm Reduction Strategy outlines how local authorities must tackle crime and disorder.

By David Clifton of thePublican.com's team of legal experts from London solicitors Joelson Wilson.​

Continuing on the subject of the Alcohol Harm Reduction Strategy, unveiled last month, local authorities are currently obliged (under section 17 of the Crime and Disorder Act 1998) to consider the implications for crime and disorder. This means that policy and decision-making across their full range of services will have to do all they reasonably can to prevent crime and disorder in the area.

Under the Alcohol Harm Reduction Strategy, councils are encouraged to co-ordinate the use of their existing powers to tackle the problem of alcohol misuse, including the following:

Planning law and policy​

The strategy refers to:

• use of section 106 agreements or, in the future, a planning charge
• an application for change of use must be made for every proposal to change an existing building into a pub or bar
• possible amendment of planning applications or the imposition of conditions in order to promote the crime and disorder objective
• compliance with the guidelines on planning out crime "Safer Places: the Planning System and Crime Prevention".

Licensing law​

The strategy highlights and encourages the use of the powers granted in the Licensing Act 2003 to promote the four key licensing objectives (the prevention of crime and disorder, the prevention of public nuisance, public safety and the prevention of harm to children).

Security inside premises​

The licensing of door supervisors with the SIA is expected to raise standards.

Litter and noise​

The strategy encourages the use of existing statutory powers (eg street litter control notices and noise abatement notices) to tackle litter and noise problems.

Transport policy​

Local authorities are encouraged to work in partnership with all appropriate bodies to deliver effective local transport strategies. The strategy recognises that not all areas face the same problems and that not all councils will need to produce strategies to tackle crime and disorder. However, they are encouraged to work with the industry as well as co-ordinating their own functions to develop effective management of the night economy.

Alcohol Harm Reduction Strategy: underage drinkers​

The Strategy Unit pinpoints under-age drinkers as a major problem, with British teenagers described as "some of the heaviest drinkers in Europe". The strategy refers to a range of approaches currently used to help young people to learn to drink responsibly, but states that, despite these measures, more needs to be done.

In the foreword to the Department for Culture, Media & Sport final draft statutory guidance under the Licensing Act 2003, laid before Parliament for approval on March 23, Tessa Jowell says: "We prize the protection of children very highly." The 2003 Act increases the penalties already in existence for dealing with underage drinking, and selling to under 18-year-olds will automatically lead to a licence review.

This attitude is certainly reflected in the strategy, which indicates that the Home Office will:

• ensure that full use is made of existing powers
• consult with police on targeting problem premises
• encourage the use of fixed penalty notices (which can now be given to 16 and 17-year-olds for drunk and disorderly behaviour) and anti-social behaviour orders, in order to make enforcement swifter and easier.
• consider the introduction of fixed penalty notices for barstaff who serve under age drinkers.

The Strategy Unit hopes that its proposed social responsibility scheme for alcohol retailers will ensure better training for staff and that ID will be sought as a matter of course. The PASS identity card scheme is encouraged as on the basis of current plans, national identity cards will only be phased in from 2007/8.