A tighter grip

The latest developments in the fields of alcohol, gambling and taxi licensing law include a highly contentious initiative currently working its way through Parliament: the Policing and Crime Bill 2008. All premises licences are likely to be affected by the new regulations, but certain kinds of venue will be subject to particular conditions and restrictions.

New rules for lap dancing clubs

In recent years, there has been a veritable explosion in the number of clubs offering entertainments variously described as 'pole' or 'lap' dancing. When such applications are made, objections frequently arise '“ based upon the supposed 'immorality' of such activities, the exploitation of the women who work within them, or their alleged association with prostitution.

Unfortunately (from the objectors' point of view) the larger part of these objections prove to be ineffective as the authority for the music, dance and alcohol provided by these clubs derives from the Licensing Act 2003, which does not recognise objections made other than on grounds of: the prevention of crime or disorder, public nuisance, a threat to public safety, or the protection of children from harm.

Recognising these difficulties, the government has made special provision within the Bill (clause 26) so as to bring the licensing of such entertainment within the regime presently in place for 'sex shops', rather than the 2003 Act (which will continue to authorise the sale of alcohol etc. within the venues).

The effect of this would be to enable local authorities (which have no power to limit the number of licensed premises within their jurisdiction other than through a cumulative impact policy where large numbers are concentrated in one location) to pass a resolution specifying the number of such premises that they consider should be permitted within their area '“ which, the provision makes clear, may be nil!

Worse still, for the sector, transitional provisions recently published propose that all clubs, existing and proposed, will be required to apply for new licences. The so-called 'grandfather' provisions that were found in the 2003 Act, protecting existing outlets, will not apply.

Increasing restrictions

A central theme of the 2003 Act '“ which, like all good modern legislation, is capable of being represented by ministers in more than one way '“ was that it was essentially de-regulatory, freeing up late-night venues from a raft of standard conditions previously imposed by councils upon public entertainment licences. It was to represent 'light touch' government, with licences being largely subject only to bespoke conditions, imposed following representations made on specified grounds.

Of course the reality (inevitably perhaps) has proved rather different, with many councils simply carrying over the standard conditions that they previously attached to late-night venues. For the average operator, such practices have proved difficult to resist, not having the wherewithal to challenge such an approach. The recent case of R (on the application of Bristol City Council) v Bristol Magistrates Court [2009] EWHC 625 (see 'Update: licensing', Solicitors Journal 153/30, 4 August 2009), which broadly found such an approach to be unlawful, is seen by many to be a welcome development.

In the shorter term, however, the government is intent upon increasing the spread of standard conditions with its proposal for a 'mandatory code' (clause 32 and schedule 4 of the Policing and Crime Bill 2008), setting out restrictions which will be attached to all premises licences. Those which were the subject of the current consultation included: a ban on 'irresponsible promotions', such as 'all you can drink for £10', and other activities that encourage excessive drinking; customers to be given the choice to buy the smallest measure available (e.g. a 125ml glass of wine) and offered free tap water; proposals making it more difficult for under 18s to buy alcohol online; and others to make sure that customers are given information at the point of sale concerning the effect of alcohol on health.

A further 'discretionary code' setting out a range of specified conditions which local authorities could adopt, might now, it seems, be made unnecessary by a very recent proposal for amendment to the Bill entitling licensing authorities themselves to initiate a review of a premises licence and thereby impose conditions upon the offending premises direct.

Other provisions

Finally, the Bill includes a range of other enforcement provisions, including: amending the offence of persistently selling alcohol to children so that the offence would be committed if alcohol were sold to an individual under the age of 18 on two (rather than three, as at present) or more occasions within three months; amendment to the Confiscation of Alcohol (Young Persons) Act 1997 so that police officers can confiscate sealed containers of alcohol from young persons in public places without needing to prove that they were consuming, or intended to consume, alcohol in a public place; the introduction of a new offence in relation to under 18s caught with alcohol in a public place three or more times within 12 months; and an amendment to the Violent Crime Reduction Act 2006 entitling the police to issue 'Directions to Leave' to persons aged between ten and 15 (as well as to those aged 16 and over, as at present).

Sophisticated 'café society'? That uplifting vision seems now but a distant memory.

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