Alcohol code still lacks clarity

The mandatory code has ushered in new powers to curb drinks deals in pubs. Action is already taking place in some areas but there's still a lot of confusion, as John Harrington finds out

It's barely three weeks since councils received new powers to crackdown on "irresponsible" drinks promotions at pubs, and some have already begun flexing their muscles.

The conditions, which came into force on 6 April, ban deals such as all-inclusives and rewards for ordering a certain amount of drinks. A survey of local pubwatch groups has found that where an open relationship exists between the trade and authorities, the new laws have had little impact. But there's also a feeling that some areas are using the conditions as another tool to hit pubs.

And as the Morning Advertiser has previously reported, the lack of clarity in the Home Office's guidance has left a lot up to local interpretation.

Derby Pubwatch chairman David Lalor said the police and council held a meeting with licensees long before 6 April. "They spelt out which promotions you could and couldn't keep. They handed out the relevant guidelines for members," says Lalor, of the city's Station Inn. "We've had no problems so far. The licensing team are fully supportive of the licensees in explaining what they're allowed and not allowed to do."

A level of confusion exists among some venues in Plymouth, says Richard Smith, who chairs the city-centre pubwatch. One member is unsure about where the rules fit with promotions that also include food, for example (there are exemptions under the guidance for promotions where there's a meal).

Confusion​

Smith, manager of Mitchells & Butlers' Noah's Ark, says: "There is confusion out there. But the local licensing officer is very good and will answer any query we put to them."

One drinks promotion that has been knocked on the head under the new rules is the controversial all-inclusive deal.

In Scunthorpe, pubwatch chair Patience Roberts says some local operators have replaced all-inclusives with promotions offering a set number of free drinks with the entry fee. Soft drinks are now included, she said, and the free drinks can be carried over to another evening.

Such deals have caused problems for licensees under the new restrictions. The code bans "large quantities of alcohol for free or at a fixed or discounted price". Guidance to the code says deals such as "£10 for 10 pints" are banned. Confusion still remains, though. What if some of the free drinks can't be carried over to another evening?

As the MA reports this week, one authority has already acted against these types of promotions.

Colchester Borough Council and the police ruled that events offering a fixed price for a "high" number of drinks would breach the code, because they are "substantially similar" to all-inclusives. "Any establishment still running these events must stop or face [licence] review" — that was the blunt message in a letter to licensees.

Minimum pricing​

Incidentally, local industry sources said operators merely slashed their prices, several to 99p, rather than risk running specific promotions after 6 April.

But the council reacted by promising in its letter "much closer scrutiny" for any venue where alcohol is sold for less than £1.50. And a "gentleman's agreement" — not adopted by all operators — commits licensees not to sell drinks for less than £1.50.

Conversely, one Liverpool licensee told the MA his local police force said a similar deal offering a set number of drinks for a fixed fee would not fall foul of the code.

"We said before the code came in this sort of thing would happen. The guidance still leaves lots of scope for interpretation," said Paul Smith, executive director of Noctis, the trade body for late-night operators. "It's not good for the trade if there's no clarity about what constitutes irresponsible promotions and what doesn't."

Smith agreed that a variety of approaches have been adopted by councils and police in different parts of the country. "A lot of areas will just get on with it. But there will be plenty of areas that are looking to make an example of one or two businesses. Often it's responsible operators falling foul of conditions like this."

He added: "The mandatory code is another opportunity for those difficult councils to be hard on the licensed trade again."

• Have promos been targeted in your area? Call 01293 610481 or email wbua.uneevatgba@jvyyvnz-errq.pb.hx​.​