June 2008

Noctis

Noctis COMMENT

ADZs become a reality

Operational, Noctis comment, June 2008, COMMENTS

One thing that we often credit ourselves with as a nation is that we are sensible and level-headed. Unfortunately, this national characteristic doesn’t extend to the policy makers at the Home Office who brought us Alcohol Disorder Zones, which became law a few days ago.

British good sense would have killed this ridiculous piece of legislation years ago, but unfortunately good sense has played very little part in this laboured scenario. With this in mind Noctis is contacting all local authorities to re-iterate the following messages to dissuade local councillors from instituting an ADZ.

Here is what we are telling the councils:

An ADZ is not going to enhance the reputation of your locality. On the contrary the designation of an Alcohol Disorder Zone will serve to dissuade any of the reasonable individuals who now frequent the locality from going there, leaving only those undiscerning persons who either do not care about the disorder, or who are actively seeking to perpetrate disorder.

If your area generates any tourism revenue then tourists will inevitably be put off by the institution of an ADZ. Economies need to be enhanced with positive and constructive efforts (such as Business Improvement Districts or a Best Bar None scheme) not schemes which will encourage fewer decent customers. An ADZ is designed to be a short term measure and therefore steps will need to be put in place after the ADZ period finishes. Noctis argues that it makes more sense to seek to institute a BID or BBN initially.

ADZs are highly bureaucratic, difficult to calculate and open to legal challenge. The Joint Council on Statutory Instruments (JCSI) sent back the ADZ regulations several times as they were deemed to be too bureaucratic. It makes sense to seek alternative arrangements. Given the potential to wreck our member’s businesses, Noctis is committed to mount a legal challenge to this legislation.

An ADZ will act as a disincentive to all good late night operators in your area. By fixing rateable value and hours of operation within the charging period any premise which is late opening and large (regardless of how well operated) will feel the brunt of the charge. Good late night operators currently work constructively with police and local authorities, yet late night operators will be penalised more heavily than other operators, so may not want to work as constructively with police in future.
If there are problem premises in the locale, then these should be tackled individually. Poorly run premises should be dealt with using existing powers under the Licensing Act 2003. If there is a single venue or a small number of venues which refuse all efforts to engage with local authorities and police in constructive dialogue then these venues should be penalised – not everyone operating in that designated locality.

Alcohol related disorder often comes from alcohol purchased in the off-trade. It is very difficult for on-trade operators running venues (beyond refusing admission) to have any significant influence on the behaviour of individuals causing disorder in the designated locality. It is possible that alcohol which is purchased in the off-trade is the cause of disorder, so focusing on the on-trade premises in the location, will not necessarily curb alcohol related disorder.

The ADZ “principal use” test exempts the biggest supermarkets, regardless of whether they are the biggest retailers of alcohol in the locality. Given that one of the biggest concerns for all policy makers is currently alcohol consumed in the public realm (i.e. beyond the boundaries of licensed premises) it is a perverse step to exempt some of the biggest retailers whilst penalising many of those businesses which have not caused (or have any influence over) the disorder. It is worth analysing where the disorder is coming from and checking whether an ADZ (which will not curb below cost supermarket off-sales) is the best method of tackling alcohol related problems in your area.

We hope that local authorities will see sense and choose not to bring in ADZs. If, however, they decide they want one, Noctis will be compelled to mount a strong legal challenge. These are difficult and uncertain times that will not be made any easier by the threat of a sanction which is costly and possible lethal.

Words: Paul Smith (NOCTIS)

From: June 2008

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