Trade up in arms over Alcohol Disorder Zones

by Ewan Turney

Pubs and bars in problem areas could find themselves "yellow-carded" and dumped in Alcohol Disorder Zones, with the prospect of having to stump up cash for extra policing.

That is the prospect facing pubs under new Government proposals unveiled by Culture Secretary Tessa Jowell.

Many in the trade, however, feel that the move is a "knee-jerk" response to the Govern-ment's growing discomfort over licensing reform, fuelled by the myth of 24-hour drinking being pedalled by the Daily Mail.

Under the plan, pubs would have eight weeks to get their houses in order or face being placed in a Disorder Zone and running up huge bills to pay for extra policing, street cleaning and accident and emergency services.

Trade leaders have admitted they are "in the dark" as to how the system would work as the details will be finalised after a consultation period.

The measure appears to be an attempt to appease the police who have claimed they will struggle to control town and city centres when licensing laws are relaxed.

Trade leaders questioned the practicality and fairness of Alcohol Disorder Zones. "The introduction of Alcohol Disorder Zones and charges for policing mean that all pubs in an area will have to foot the bill for the irresponsible activities of a few," said British Beer & Pub Association director of communications Mark Hastings. "Instead of encouraging effective policing we see pubs being punished regardless of the positive actions they are taking and the responsible way in which they operate."

The Association of Licensed Multiple Retailers called for existing police powers to be fully utilised before new measures, such as Disorder Zones, were brought into being.

"We have been saying for a long time to the police: Please shut down bad pubs'," said chief executive Nick Bish. "Police have the powers and the duty to prevent individuals behaving in a disorderly way. They have the powers and need to deploy them and work with the licensed trade to deliver order in town centres. We are on the same side."

Jon Collins, chief executive of the Bar Entertainment & Dance Association questioned the wisdom of introducing the zones when the 22 pilot Business Improvement Districts (BIDs) had proved so successful. "You get the same outcome with BIDs but local businesses are consulted much earlier on," he said. "It has a lot more legitimacy for businesses. They are electing to bring in a plan for the next three to five years so it is a long-term, sustainable chance to make changes."

Federation of Licensed Vic-tuallers Association chief executive Tony Payne called for greater action to be taken against individuals rather than against premises. "Is it the area or the people causing the problems? There shouldn't be problems if we ban disorderly people."

Chris Holmes, of Tynemill Pub Company, is one operator who fears being forced to cough up for Disorder Zone costs because many of his pubs are in town centres.

He said: "The announcement about Alcohol Disorder Zones is unclear and wishy washy, but what do you expect from this Government? It's all come very late in the day and smacks of 11th-hour knee-jerk thinking.

"Tynemill has a number of town-centre pubs. They do not cause trouble, yet it appears some premises are going to be penalised purely because of where they are located."

JD Wetherspoon chairman Tim Martin said: "This seems to be more about vote-catching rather than actually dealing with the problems of binge drinking.

"I predicted long ago that switching licensing from magistrates to local authorities would result in extra taxes on the pub industry and now it's coming true.

"Fines and bills for extra policing is simply another excuse for more taxes but I have said all along our industry already pays quite sufficient in various government dues and demands.

"Supermarkets and off-licences do not seem to be included in any of these proposals. These outlets are where people get the cheap drink that causes many of the problems, yet it's pubs that get the blame and face the consequences."

The closing date for consultation on the plans is 28 February.

l Reform round-up ­ p2-3

l Leader column ­ p16

l Coulson's comment ­ p18

How the zones will work

When will zones be imposed?

Only after a warning has been issued and premises given a period of time to tackle the problems.

How long will the warning period be?

A minimum of eight weeks. If premises fail to take action, a zone will be introduced.

What will premises be charged for?

It will be confined to additional costs associated with crime and disorder, including contributions for policing, street cleaning operations, and accident and emergency services.

Who will pay the costs?

Those responsible for alcohol-related disorder within the zone, but the Government is looking for consultation on this.

How will the costs be apportioned?

Options range from a flat rate for each premise to differential costs based on rateable values or capacity.

Will off-licences be included?

The Government has stated that the off-licence sector has "shown a considerable problem of sales to under-18s. It is important that the off-trade accepts responsibility for its own contribution to the problems of violence and disorder in the night-time economy."

Who will define the zone?

A police officer of at least superintendent rank and the local authority. An alternative would be for a zone to be confirmed by a magistrate. There would be an appeal process.

When is a zone removed?

Zones are designed to tackle problems and not manage disorder, so will be a short-term measure. Licensees in the zone would be required to agree and carry out an action plan with the local Crime and Disorder Reduction Partnership and agree long-term arrangements.

How will payments be enforced?

One option is to link to automatic licensing penalties such as curtailing opening hours or even closure.

Raft of measures in the pipeline

Culture Secretary Tessa Jowell and Home Office Minister Hazel Blears have unveiled a raft of other measures to combat the culture of binge drinking and underage sales.

The measures include giving police powers to close pubs and off-licences serving under-18s for 24 to 48 hours, introducing a Drinking Banning Order on people issued with three fixed-penalty notices for alcohol-related disorder, extending fixed-penalty notices to cover young people trying to buy alcohol and supporting the British Beer & Pub Association code on promotions.

Chris Fox, president of the Association of Chief Police Officers, said it was "difficult but not impossible" to keep track of drinkers issued with Drinking Banning Orders. "Officers get to know the sort of people that are about and the sort of groups they go around in."