Government crackdown on pub workers with criminal convictions

A major tightening-up of the rules on who is allowed a licence to sell alcohol is being proposed by the government, The Publican​ can reveal.

The Department for Culture, Media and Sport (DCMS) is planning to add a host of new offences to the Licensing Act - which if somebody has been convicted of, could stop them getting a personal licence.

Unspent convictions for being drunk and disorderly in public, and possession of drugs, are among those which will attract greater scrutiny.

The new rules will apply to new applicants for a personal licence - but also anyone having to renew their licence, which must be done every 10 years.

"A conviction for drunk and disorderly behaviour under section 91 of the Criminal Justice Act 1967 may indicate an irresponsible attitude towards alcohol," a consultation document says.

It also says an unspent conviction for possession of drugs could be "a legitimate reason for the police to consider the suitability of a prospective personal licence holder".

A host of "relevant" offences are already included in the Licensing Act, which mean would-be licence holders face extra scrutiny for if they have had a conviction.

But the new proposals say anyone who has been convicted for an "attempt" or "conspiracy" to such crimes should also come under the spotlight.

Mark Daniels, licensee at the Tharp Arms, in Chippenham, Cambridgeshire, said he was wary of more restrictions that would put new people off coming into the trade.

But he added: "I agree anyone who has been convicted for offences involving hard drugs should be looked at more carefully. But for anyone with a drunk and disorderly offence, that's just being pedantic."

Other offences which will attract greater scrutiny include refusing to give a breath test after being pulled over by police.

"Persistent" sales of tobacco to under-18s and offences under the Food Safety Act could also be included.

Kate Nicholls, head of communications at the Association of Licensed Multiple Retailers, said: "This seems a bizarre and unnecessary addition to red tape at this point in time. Worse, it suggests that those working in the industry are putative criminals and acts as a real disincentive for those wanting to make a career in the sector.

"It's a retrograde and regressive approach which is entirely at odds with a modern, dynamic industry. The Government ought to be ashamed of itself."

However, the consultation warns there should not be any "unnecessary" or "superfluous" offences included that would waste police time.

And it adds: "We would also not wish to deter people from applying for a personal licence unnecessarily."

It also says it estimate the number of people affected by the new measures will be "very small".

The consultation on the plans, which anyone can respond to, closes on March 12.

To respond email: licensingconsultation@culture.gsi.gov.uk or write to Nigel Wakelin. Licensing Team. Sport and Leisure Directorate, 2-4 Cockspur Street. London SW1Y 5DH.