October 2004
Licence to kill
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EHJ October 2004, pages 299

 

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.

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.