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EHJ October 2004, pages 299
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New powers to permit 24-hour opening under the Licensing
Act 2003 coming into force early next year, could ironically
prevent many new bars and clubs from even opening.
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One of the sweeping
changes that the act imposes is responsibility for issuing alcohol
licences, which switches from magistrates to councils. The act
confers wide-ranging powers on local authorities, allowing a flexible
approach to be taken when regulating opening hours for a variety
of licensed late night venues including cinemas, takeaways, pubs
and clubs. In theory, venue owners will be able to apply for 24-hour
opening, with councils granting the application unless they receive
adverse representation from local residents.
This change has coincided with general concerns around the binge
drinking culture, which has become synonymous with an increase
in the concentration of town and city centre pubs and clubs. The
health risks associated with excessive alcohol consumption are
well documented, but for many younger age groups a heavy weekend
of drinking is almost a de rigeur recreational lifestyle choice.
Residents living near these alcohol "hot spots" up until
now have had to put up with the crime, disorder and antisocial
behaviour. Home Office figures show that 40 per cent of violent
crimes, 78 per cent of assaults and 88 per cent of criminal damage
offences are committed while offenders are under the influence
of alcohol.
The Licensing Act has provided the impetus for some local authorities
to conclude that enough is enough, by declaring specific commercial/tourist
areas have reached "saturation point" where a glut of
licensed premises already exist. As part of their statement of
licensing policy (which all authorities must publish) Hackney LBC
and Plymouth DC are consulting their local communities on whether
there is support for such policies. In Plymouth's Barbican and
Mutley Plain areas many publicans are in agreement with the proposed
saturation zone believing the current increase in bars and pubs
is excessive, detrimental to profits and exacerbates binge drinking.
A welcome pilot night bus scheme performs the dual function of
enabling drinkers to quickly disperse from streets, by providing
safe affordable transport, while tackling the problem of increased
ambient noise for residents.
In parts of Shoreditch in Hackney, there has been a considerable
growth in the late night economy, which has had an adverse impact
on residents living in the area, with an increase in complaints
of crime, disorder and nuisance. This has led to proposals for
a special saturation area to be declared. The policy of declaring
saturation zones embraces the ethos contained within the mayor
for London's ambient noise strategy, published earlier this year.
The strategy explores the possibility of declaring entertainment
management zones in areas where traditional enforcement has failed,
advocating a holistic approach involving all regulators working
together to tackle existing hitherto unmanageable "stress
areas". Some regulators remain sceptical, viewing entertainment
management and saturation zones as unrealistic, expensive, academic
models. Let's just hope that EHPs are able to play a pivotal role
in achieving the balance needed as by "calling time" on
licence applications, authorities may blight town centres by discouraging
investment and tourism.
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