Guidance reveals bid to target badly-run' pubs

by John Harrington Local authorities are being encouraged to "proactively" target irresponsible pub operators under the terms of the guidance notes on the Licensing Act, which were released on Tuesday ­ nine months behind schedule. The draft guidance notes, which are aimed at helping local authorities implement the Licensing Act, are intended to complement the tough measures recommended in the Government's Alcohol Harm Reduction Strategy that was released last week. Culture Secretary Tessa Jowell placed her emphasis on the need for police and local authorities to crack down on problem pubs. She said: "The guidance makes it clear our determination to enable licensing authorities and the police to bring the minority of badly-run premises into line with the best. "The police and other responsible authorities should make full use of existing and new powers under the Act, proactively tackling alcohol-related crime and disorder. "In carrying out their functions under the Act, licensing authorities have a clear responsibility to promote the preventions of crime and disorder, and the prevention of public nuisance, as well as promote public safety and protect from harm." One section of the guidance notes advises the police on how to use their powers under the Act to close pubs that are causing problems. The police will have the right to close a venue if they deem it to be a "public nuisance". The notes say what constitutes a public nuisance will depend on the individual case, but it adds: "Such judgments will inevitably have a subjective quality and officers will need to bring their experience to bear in making them." This applies to predicted trouble "on or in the vicinity of the premises". Examples of venues where public order problems are anticipated, it says, include "football fixtures with a history of public order problems". The notes advise police to use "phased emptying" of larger venues to help monitor crowd dispersal and stop violence. But in a bid to avoid appearing too coercive, the notes say the burden of proof must rest with police and that voluntary agreements to close should be sought first. "Senior police officers should recognise that such activity may do serious damage to the business affected," it says. "It is therefore essential that orders are sought only when absolutely necessary for the protection of the public and the community." It advises licensing authorities to ensure pubs and clubs adhere to Portman Group guidelines. Nick Bish, chief executive of the Association of Licensed Multiple Retailers, welcomed its publication but said that a lot of information needed to implement reforms, especially the cost of fees, were not included. "What the industry really wants to know is not on the table ­ and that is, how much it will cost us?" Licensing Act timetable:

The guidance notes will have to be approved by both Houses of Parliament

Once the guidance is approved, local authorities will have six months to prepare licensing statements

A nine-month transitional phase will follow to allow existing licence holders to transfer to the new regime

In July 2005, or soon afterwards, magistrates will hand over responsibility for licensing to local authorities