Mandatory Code could face legal challenge
A leading lawyer has said a legal challenge could be launched against the government's controversial plans to introduce a mandatory code of practice on the industry.
The government wants the code, which would target drinks promotions and could force pubs to offer 125ml wine glasses, to be law by July as part of the Policing and Crime Bill.
But speaking at a seminar last week Jeremy Allen of law firm Poppleston Allen, said the he KPMG Report upon which the bill was based was flawed and that it could be possible to launch a legal challenge to the bill.
He added the bill's provision allowing different local authorities the power to enforce conditions would be problematic as it meant that trading in one area could be different to another.
"It is a strange piece of legislation that has not been worked out," he said.
Meanwhile, speaking at the seminar in London's Covent Garden, Graeme Cushion, head of regulatory crime at Poppleston Allen, warned licensees that cost cutting, while tempting in the current climate, was likely to have damaging repercussions.
"Times are hard for the industry," he said. "As your revenue deteriorates in these sorts of times as it inevitably will, it must be tempting to cut costs wherever possible.
"But any such cost cuts may be shortlived in the event that you run into the many enforcement officers out there whose agenda is completely different to your own and may be targeting your business," he said.
Licensees were also urged to be vigilant about test purchasing. He said the authorities' efforts to prevent the underage sales of cigarettes and AWP machine use in pubs, as well as alcohol, was on the rise.
"You now have to approach it in the same way you approach alcohol by making sure you have all areas covered and by tying up any loose ends in training, " he said.
He added that trends showed residents were more likely to complain about noise disturbance outside pubs leading to a greater number of licence reviews.
"There has never been a better time to undergo regular resident liaison," he added.
