Councils still overstepping the mark, say trade leaders

Publicans applying for their new licences are still being hit by unfair demands from over-zealous local authorities, according to trade leaders....

Publicans applying for their new licences are still being hit by unfair demands from over-zealous local authorities, according to trade leaders. Despite its successful legal bid to stop this, the British Beer & Pub Association (BBPA) claims a significant number of councils remain on their hit list of offenders that are forcing pubs to submit unnecessary information.

And it has not ruled out another legal battle if they do not step into line.

The councils have adopted their stance despite the trade's High Court victory in a test case last month when Canterbury Council's policy was ruled unlawful.

Martin Rawlings, director of pub and leisure at the BBPA, said: "There's still a top 10, a second division and a third division of offenders. But some are worse than others."

He added there were two real problems they were coming up against. "One is that in some places the people running the system don't understand it," he said.

"And another is, you have very officious people who are allowed to make representations. But the trouble is the bad policies are causing a disproportionate amount of problems."

Mr Rawlings also said that a number of pubcos are currently challenging councils in the magistrates courts over their refusal to grant extended hours to their pubs.

Meanwhile, police forces are also getting in on the act by setting out their conditions for pubs planning extended hours.

Solent East BCU, a division of Hampshire Police, has laid out its own policy stipulating what it expects of pubs that plan on staying open after hours.

Among the recommendations are that a personal licence holder be present on the premises or within five minutes of the point of alcohol sales at all times; that hot food be available up to half an hour before closing and a separate payphone be available for female/vulnerable patrons.

Martin Rawlings is amazed by the police's policy. He said: "It's red tape with knobs on. The conditions are over-prescriptive and totally out of proportion. People should only have to volunteer this information if they want to."

But Sgt Roy Jennings, licensing officer at Solent East BCU, said they were only suggested conditions and what they would like to see in an "ideal world".

He added: "We have a number of town centre pubs with problems where we would be seeking for these conditions to be in place.

"But for rural pubs where there are no problems, this won't be the case."