Police use drunks' evidence in reviews

By John Harrington

- Last updated on GMT

Related tags Evidence Alcohol intoxication Intoxication

Police: asking questions of drunks
Police: asking questions of drunks
Police are using evidence from drunken yobs about where they've been drinking to take action against pubs. Answers are then used as evidence if a pub's licence comes up for review.

Police are using evidence from drunken yobs about where they've been drinking to take action against pubs.

The Morning Advertiser has seen copies of questionnaires that troublemakers are asked to fill out after being arrested for an alcohol-related incident.

These have then been used as evidence if a pub's licence comes up for review or, in some cases, to instigate a review to force new conditions on trading.

The scheme has been described as worrying — especially if the Government implements plans to give police a greater say over licensing and to restrict appeals by operators.

The MA has learnt that versions of the forms are being used in parts of Hertfordshire, West Yorkshire and Hampshire, while Mansfield in Nottinghamshire is examining the idea.

Wakefield's form asks which premises the person visited and whether they have "full recollection" of events from the previous night.

People are asked to rank their drunkenness on a scale of one to 10. They are also asked where they bought their last drink — and even to describe the bar person who served them.

Watford's "alcohol-related arrest pro-forma" asks where they had their last drink, why they drank there, and how much they drank before going out.

Inspector Neil Williams, of Mansfield Police, said his force is looking at whether to ask detainees to state how much they've drunk and where they bought it.

"The aim is to identify which licensees we need to work with to help reduce this aspect of violent crime", through strategies such as CCTV and removing glass.

Such an approach has been used in the past, but the latest evidence suggests the 'last drink' policy is being used far more widely than initially believed.

It raises the question of how reliable evidence from those who have been arrested would be.

For example, they may lie about where they bought their last drink if they were denied entry there. Or they could simply have been too drunk to give accurate information.

"This is exactly the kind of evidence we are increasingly seeing being used in [licence] reviews," said Clare Eames, partner at licensing law firm Poppleston Allen.

"It seems completely prejudicial to operators."

Under the Government's plans for licensing, councils must accept police evidence unless there's "clear evidence that this is not relevant".

Eames added: "If the evidence comes from these forms, it's more than worrying."

A West Yorkshire Police spokeswoman defended its policy. "We appreciate that not all sober prisoners and drinkers will state the truth. The evidence collected gives supporting evidence to the police should a premises be problematic.

"The debrief would not be used in isolation to take enforcement action, but to paint a bigger picture." It can also "assist the licensed premises by showing weaknesses in their operating procedures".

Related topics Licensing law

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