Don't sign council's 'contracts'

It's legislation by the back door, say experts

Trade experts have slammed "threatening" moves to get licensees to sign "contracts" committing them to rigorous age-check procedures.

Every licence-holder in the London Borough of Bexley has been sent an "acceptable behaviour contract" from the police and council.

Among other things, it commits them to compulsory staff training on Challenge 21 and keeping a record of every time the policy is used — this must be made available to authorities on demand.

Morning Advertiser legal editor Peter Coulson said the move was a "step too far".

"The only obligation on licence-holders is to follow the law of the land and the conditions on their licence. There is absolutely no obligation on the licensees of Bexley to sign this ill-conceived and thoughtless document."

A letter from council licensing manager Diane Kraus says the contract "is capable of offering an alternative mechanism for the responsible authorities to enter into an agreement with you, thereby preventing an application for the review of your licence."

Licensing solicitor John Gaunt said this is a "vague threat that by entering into the contract, a possible review might be avoided". He said the grounds for such an appeal "appear to be wholly unsubstantiated".

Gaunt added: "Initiatives such as these should be viewed with considerable caution and such contracts — the exact status of which is unclear — avoided wherever possible."

British Beer & Pub Association (BBPA) director of pubs and leisure Martin Rawlings urged licensees not to sign the contracts. "It goes against the spirit of the Licensing Act, which got rid of the notion of undertakings," he said. "They are trying to legislate by the back door."

BBPA supports Challenge 21 as a way to help pubs obey the law, but the group previously wrote to every council urging them not to make it a licence condition.

n Coulson — p26