Legal advice: Swingeing ADZ penalties
The Violent Crime Reduction Act 2006 is due to come into force next year and is designed to give police and local authorities new powers to tackle knife, gun and alcohol-related violence.
The changes are part of the government's attempts to restore 'respect' in the community. This legislation is based on the Drinking Responsibly proposals published in January 2005, and aims to bring about a culture change in binge-drinking and alcohol-fuelled misbehaviour.
Under the Act, local authorities and the police can designate areas as alcohol disorder zones (ADZs) where there is a problem with alcohol-related nuisance and disorder.
Licence-holders in these zones will be required to contribute to the cost of tackling the problem. However, as an alternative, they will have eight weeks to implement an action plan themselves to avoid these charges.
The charges would cover the cost of additional policing and a contribution to the cost of extra services such as late-night transport. This aspect of the legislation is likely to be costly for licence-holders in ADZs. It is unclear how these areas will be designated and the proportion of the cost that each licence-holder will have to pay.
The Act creates drinking ban orders which will be imposed on those responsible for alcohol-related disorder. These would mean that the individual concerned would be excluded from pubs and clubs in a certain area for between two months and two years.
The duration of the ban can be reduced if the individual completes an approved course to address his or her behaviour. Again, the enforcement of these orders will represent a cost to the licensee.
The Act introduces a new offence of persistently selling alcohol to under-18s. The offence will be committed if alcohol is so sold on three different occasions in three months. If found guilty, the premises licence-holder could be liable to a fine of up to £10,000 and the licence could be suspended for three months.
Alternatively, a senior police officer could immediately close the premises for up to 48 hours if there is a real possibility of conviction on prosecution. If the police decide on a closure notice the licence-holder can choose whether to accept it and discharge any criminal liability.
Or they can choose to be tried for the offence. Either way, the consequences are severe - especially given the increasing popularity of the test purchase.
If a senior police officer of the rank of superintendent or higher considers a premises to be associated with serious crime or disorder, the Act allows them to apply for an accelerated review of the licence by the licensing authority.
Temporary conditions can be attached to the licence until a full review of the licence takes place. These temporary steps may include adding to the licence conditions, forbidding the sale of alcohol, removing the designated premises supervisor or suspending the licence.
A hearing must be held within 48 hours of the police application. At the hearing, representations will be heard from the police and the premises licence-holder and the temporary steps will either be upheld, modified or withdrawn by the licensing authority. A full review will then be held within 28 days.
Some may think these measures are draconian. Others might take the view that, in the light of the recent figures on underage sales referred to in The Publican on October 16, something needs to be done.
