December 2006

$Jeremy Allen\$

Legal News

The VIOLENT CRIME REDUCTION Act

operational, legal news, december 2006, COMMENTS

Well, the Licensing Act 2003 has now had its birthday. It’s over 12 months since it came into force. The statistics on crime and disorder suggest that on the whole the new law has been beneficial. Certainly the dire predictions of the Daily Mail have not happened. But this has not stopped the Government legislating. The Violent Crime Reduction Act came into being on 8 November. This contains a number of interesting new powers, at least two of which could be seen to benefit the police. Luckily, none of these are yet in force but regular readers of this column will know that this is only likely to be a matter of time.

The first involves the sale of alcohol to under-18 year olds. Some of the industry’s leading late night operators have done extremely well in the recent round of test purchases. Nonetheless, of 224 on- and off-trade premises tested in October, 42 outlets failed two or more stings and are having their licences reviewed. The Violent Crime Reduction Act will enable the police to take direct action quickly when the new law comes into force. Where there have been three sales to under-18 year olds in the preceding three months then a new offence is committed.

This offence involves a heavy fine, £10,000, and sale of alcohol may be suspended at the premises for up to three months. The new Act does however amend the Licensing Act to allow the police to serve a closure order where there are persistent underage sales - ie three in three months. The notice can be served at any time providing it’s within three months of the last underage sale. The notice will provide for a period of up to 48 hours when the sale of alcohol is prohibited.

This period must begin within 14 days of the notice and it’s likely that the police will choose a busy period of the week. If this is accepted by the premises then it discharges any liability for the actual offence. In other words, you don’t have to worry about the three months closure but you do have to accept the two day period when alcohol can’t be sold. This doesn’t stop the police applying for a review of the licence if they wish to. I think, however, that this is unlikely. Most people will regard this as a relatively sensible way of dealing with underage sales. Having said that, the amount of alcohol consumed by underage people at home suggests that this problem won’t be resolved even if they subsequently fail to get into on-licensed premises.

Rather more worryingly, the police will get greater powers of closure under this Act. At present if the police reasonably believe that “there is, or is likely imminently to be, disorder on, or in the vicinity of and relating to, the premises...” a closure order may be issued. This can also occur if a public nuisance is being caused by noise coming from the premises and closure of the premises is necessary. The officer must have a reasonable belief that disorder is either actually occurring or is likely to be imminent. In these circumstances the police can issue a closure order which can last for 24 hours and can be extended until the Magistrates can hear the matter. The Magistrates can decide to keep the premises closed or allow them to reopen. They can also make other orders in respect of the premises. There has to be a review of the licence by the local authority. Under the Violent Crime Reduction Act the police powers are going to be extended.

A superintendent or above must give a certificate that the premises are associated with serious crime or serious disorder or both. The local authority must then consider whether interim steps are necessary within 48 hours of receipt of the application. This could include changing the conditions, excluding the sale of alcohol, removing the DPS or suspending the licence. These would have immediate effect. The Premises Licence Holder can then make representations and request a hearing within 48 hours to determine whether these steps can be modified or withdrawn. From having very limited powers under the old law the police will, when this Act comes into force, have even greater ones. It remains to be seen how the new powers will work.

Finally, the Violent Crime Reduction Act promises alcohol disorder zones. I shall write more upon these in 9 or 10 months time when it is anticipated that they will come into force. Essentially these wars will enable councils to decide that the only way of controlling people properly is to create an alcohol disorder zone. This will occur where nuisance or annoyance is being caused which is linked to alcohol being sold from premises. The council first has to reach an agreement with operators as to what needs doing. If this fails to work then an alcohol disorder zone can be created. This will effectively involve most premises that are selling alcohol within the zone paying for extra policing and extra council assistance. Watch this space!

Words: Jeremy Allen

From: December 2006 Issue

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