Fears over last-minute mandatory code chaos

Trade leaders are warning of a wave of confusion over the government's controversial new mandatory code of practice, which takes effect next week.

The Department for Culture, Media and Sport has today issued a 162-page revised guidance​ on the Licensing Act, which includes the mandatory conditions.

The guidance contains a directive that will concern many in the trade.

It says: "Licensing authorities, police, trading standards, local trade and other partners should discuss and reach agreement as to how those mandatory conditions translate to actual promotions in the local area and, ideally, reach a common shared understanding of what types of promotion are likely to be considered irresponsible."

The DCMS guidance also says the ban on promotions will not apply if a pubs is using a temporary event notice (TEN). However a DCMS spokeswoman said a council or police could object to a TEN if they thought the licensing objectives would not be met where promotions were being run.

But the Home Office is due to publish its own separate guidance, which will fully outline what constitues an "irresponsible" promotion, under the code.

This week local authority co-ordinating body Lacors was urging councils not to send out information to pubs on what constitutes an "irresponsible" promotion until the guidance had been published.

But some councils have already contacted pubs about the new legislation, leading to last-minute confusion.

The government had previously said promotions such as "all you can drink for £10" and "women drink for free" would be banned.

Under the first stage of the code, which comes into force next Tuesday (April 6), all on-trade premises will also have to ensure free tap water is available for customers on request.

A Home Office spokesman told The Publican​ three different documents relating to the mandatory condtions would be published on its website.

But he was unable to say when, with less than a week to go until the laws take effect.

He added pubs would be informed through the "usual routes", such as trade associations and trade magazines.

Fears have also been raised about how individual councils will interpret the definition of an "irresponsible" promotion, particularly around this summer's World Cup.

Martin Rawlings, director of pubs & leisure at the British Beer & Pub Association, said: "This is really bad practice the way this has been rushed through, they should have put it back until October. We are not prepared for it and councils are not prepared for it."

Paul Smith, executive director at late-night operator trade group Noctis, said the lack of any clear guidance was "totally unacceptable".

"It is not acceptable that good businesses should suffer just because this government is desperate to appear tougher on our industry than the Tories."

Meanwhile, stage two of the mandatory code is due to take effect on October 1 and will mean pubs have to offer a 125ml measure of wine, the choice of a 25ml or 35ml spirit measure and have an age-check system in place.