New licensing code stops short of imposing minimum price for alcohol

The government has used the the Policing & Crime Act to create a new mandatory licensing code which includes a ban on irresponsible promotions and a compulsory requirement to check under-18s for ID, but has stopped short of implementing a minimum price for alcohol.

The code, part of which comes into effect from April and will be applied to all alcohol retailers, has five mandatory conditions which will:

• Ban irresponsible promotions which encourage people to drink quickly or irresponsibly, such as all you drink promotions and free drink deals.
• Ban 'dentist’s chairs' in which drink is poured directly into the mouths of customers.
• Require that free tap water is made available for customers.
• Require all alcohol retailers to have an age verification policy in place requiring them to check the ID of anyone who looks under 18.
• Require that all trade premises make available small measures of beers, wine and spirits to customers so customers have the choice between a single or double measure of spirits and a large or small glass of wine.

The conditions covering irresponsible promotions, the 'dentist’s chair' and free tap water will come into effect on 6 April 2010, with the remainder being put into force on the 1st October 2010.  Sanctions for breaching the code include the loss of licence or having additional tough conditions imposed on licences or, on summary conviction, a fine of up to £20,000 fine and/or six months imprisonment.

From 29th January 2010, local councillors will also have new powers to review, restrict or remove the licences of problem premises without having to wait for the police or local residents to complain.

Home Secretary Alan Johnson said: “Alcohol-related crime costs the UK billions of pounds every year and while the vast majority of retailers are responsible, a minority continue to run irresponsible promotions which fuel the excessive drinking that leads to alcohol-related crime and disorder. These practices have a real impact on society not to mention the lives of those who just want to enjoy a good night out. The government and the industry have a duty to act, this mandatory code will allow us to take action against an issue which affects us all.”

The Association of Chief Police Officers, ACPO, welcomed the new code. Commander Simon O'Brien said: “These codes and other effective interventions will all help to tackle some of the problems associated with the problematic sale and consumption of alcohol by a few and will assist in making our towns and city centres safer.We expect pubs and clubs to trade responsibly. Steps to ensure that tap water is available freely, and that drinks are available in smaller measures, can help people moderate their alcohol intake.”

However, Don Shenker, Chief Executive of Alcohol Concern, said that the measure did not go far enough. He said: “This new code will help people make healthy choices while further protecting communities from crime, but tinkering around the issue of price is not the decisive action the country needs. We need a minimum price per unit of alcohol to eradicate irresponsible sales in supermarkets as well as pubs and bars. The country’s alcohol misuse has reached a level the Government should be ashamed of. Giving the alcohol industry the upper hand is a catastrophe for the nation’s health. With thousands of avoidable deaths and billions of pounds cost to the NHS, it beggars belief that the government is still reluctant to take more effective action.”

The government announcement coincided with the Conservative Party's launch of the crime section of its draft manifesto. The party has promised to amend the Licensing Act to to give local authorities and the
policemuch stronger powers over licensing, including the ability to remove licences from, or refuse to grant licences to, premises which are causing problems and allow councils to permanently close shops
or bars found selling alcohol to children. The Conservatives also pledged to double the maximum fine for under-age alcohol sales to £20,000 and to increase taxes on superstrength beers, ciders and alcopops as well as
banning off-licences and supermarkets from selling alcohol below cost price. The draft manifesto also promises to allow councils to charge more for late night licenses in order to to pay for additional policing.