Call for action on code

It's less than a month until the government's consultation on new laws covering the selling of alcohol closes - so the time really is now for licensees to act!

The consultation on the laws, contained in a mandatory code of practice, finishes on August 5 and it is absolutely imperative that pubs - which will be hugely affected - have their say.

The bottom line of our argument is that none of these proposals will actually tackle the causes of alcohol-related issues and problems.

But what exactly are the mandatory conditions, and what impact will they have on somebody running a pub? A total of six mandatory conditions are currently proposed, five of which will apply to the on-trade. Let's look here at how each one would apply - and why they could be a problem.
A ban on irresponsible promotions (eg. all you can drink for £10, speed drinking competitions)

Government action on irresponsible drinks promotions might be justified - as this would at least provide clarity on the types of promotions which are not acceptable. It would also help restore the image of the sector which has been damaged by the debate around irresponsible promotions.

But the law in this area would need careful drafting. The reason for this is to ensure there are no unintended consequences for pubs and communities. For example, it would be disproportionate if it became illegal for community locals to give away a round of drinks to the winning darts team.

Aside from this, the authorities already have powers to deal with premises running promotions that cause and promote unruly behaviour. So, overall, it is questionable whether the government needs to ban promotions outright.
A ban on the dispense of alcohol directly into the mouth of any customer

There is nothing to be gained by opposing this particular proposal, but there is little evidence that the practice of dispensing alcohol directly into the mouth of customers is so widespread to warrant being included in the mandatory conditions.

The provision of smaller measures of alcohol (i.e. ½ pints, 25ml/35ml for spirits and 125ml for wine)

The government says the aim of this particular condition is to offer customers more choice. And to have to offer a 125 ml measure for wine wouldn't be the end of the world for pubs, but there will still be costs attached.

For example those premises which currently use lined 175ml and/or 250ml glasses for wine will need to purchase new glasses. The reason being it is illegal to use lined glasses for any other measure except that stated on the glass.

Forcing pubs to offer free tap water

Why should pubs be forced to supply free water, particularly when there is little evidence to say that they don't already do this? Since there will be no obligation on other venues such as coffee shops and unlicensed cafes to provide free tap water on demand, such a requirement for pubs and bars should at least be linked to the purchase of alcohol.

Point of sale information

The government' proposals are unclear on this point. But it is suggested unit labelling information could be included on price lists, or a notice with a selected representative list of products.

But offering such information at point of sale is likely to have little impact on actual consumption, while potentially imposing a significant burden on licensees.

Have your say - before it's too late!

To find out how to respond to the consultation visit: www.homeoffice.gov.uk/documents/cons-2009-alcohol/

Or you can call 0207 035 1759 and have a pre-printed response form sent to you. There is a separate response form for licensees.

A series of 10 regional consultation events are also being held over the next four weeks. For more information visit: www.alcoholconsultation.co.uk ​

In a forthcoming article Martin Rawlings wiill look at the impact of the rest of the code which gives increased powers to local councils.