Experts question licensing powers

Licensing and legal experts have questioned whether the new mandatory licensing conditions, which come in tomorrow, will be rigorously enforced.

A lack of detail in the guidance, and the fact the conditions may be scrapped by the Government, has made authorities less keen to enforce the powers, it has been argued.

But licensees are urged to comply to avoid possible prosecution.

Under the requirements, pubs must offer a 125ml measure of wine, beer in half-pints and either 25ml or 35ml spirit measures, and make customers know they're available.

An age-check system, such as Challenge 21, must also be in place.

"My opinion is that they are not going to be enforced rigorously at all," said Jim Hunter, the Institute of Licensing's south-west region chairman. "While we are waiting to see what's happening with licensing responses, anybody who [focuses on] these conditions might find they don't exist in a few months anyway."

Poppleston Allen partner Jeremy Allen agreed this is likely to be the case for most councils. Allen highlighted the lack of detail in guidance from the Home Office. This has left areas uncertain — for example, age checks for online sales — and could stop authorities enforcing them.

Lionel Starling, head of licensing at Swindon Borough Council, Wiltshire, agreed: "These regulations are not clear and that begs the question of how they will be enforceable."

Morning Advertiser​ legal editor Peter Coulson didn't expect to see stings to monitor compliance. "I think it would be a loopy local authority that would go around with 20-year-old [test purchasers] to see if pubs are adhering to Challenge 21."

• How are the regulations being enforced in your area? Email wbua.uneevatgba@jvyyvnz-errq.pb.hx​.