Nanny-state nightmare

It's late 2009 and Joe Licensee is getting ready for opening night at his new pub, the Red Lion in Anytown. Staff have been hired, drinks ordered and the refurbishment completed in time for the big night. Then a call from his licensing officer tells him new laws have just come into force, resulting in a host of fresh conditions on his licence, regulated by the new Responsible Alcohol Sales Taskforce.

Fine, he thinks. As a licensee of many years, Joe has coped with red tape before, and he'll do so again. But this time it's different.

The licensee of the small community local is forced to hire a doorman (at £20 per hour) to use a clicker device to count the people entering. The doorman must radio the licensee when capacity reaches 75% and then 100%, acting as a distraction while queues build at the bar.

Despite being subjected to regular test-purchase operations — funded by his business rates — Joe must pay £200 a week for a private company to carry out "mystery shopper" visits to ensure operating standards are adhered to. This is the case for any tenant of a pubco that has a turnover of more than £5m.

Under the new rules, all pub and barstaff who sell alcohol have to undergo accredited training.

This means yet more expense, and within a couple of weeks it becomes apparent that, like other pubs in the area, the extra cost means he has to lay-off two part-time barmen.

Tough restrictions mean all drinks promos, including happy hours, are out — despite cans of lager being sold for 30p at the local supermarket. Live bands are a no-no too, as the noise inside must not be louder than a vacuum cleaner.

Three weeks after opening, Joe is hauled up in front of council licensing bosses after a 20-year-old is served a beer without being asked for ID (Challenge 21 is now compulsory). As a result, the host is ordered to re-train all staff, with costs and lost man-hours running into several hundred pounds.

It might sound like a nightmare, but, amazingly, this is what pub operating would look like if the Government's draft enforcement plan — revealed in last week's MA — is implemented as proposed. The 26-page document suggests how the Government-enforced code of practice, proposed in its Safe, Sensible, Social consultation in the summer, would work.

This week trade leaders responded by hitting out at the plans in the consultation, which ended on Tuesday.

The British Beer & Pub Association (BBPA) highlighted several edicts it believes are "disproportionate".

The BBPA says the plan would mean an end to music, dancing, comedy and entertainment at pubs. The report says no event can result in more than 70dBs of noise — the level of a hair dryer.

Restaurant tables​

Every restaurant table would need to include a sensible-drinking sign, and every entrance to a licensed premises must have an age-restriction sign, the BBPA says.

A customer's wine glass cannot be topped up when they are seated — the document says "under no circumstances must drinks be provided in such a way that the amount of alcohol cannot be measured by both serving staff and customer".

Licensees must also know the age of every punter because "it's essential that retailers are aware of the age of their customers".

It gets worse. Twice a year, every licensed premises has to meet with police and licensing authorities. That's 400,000 meetings, and 33,000 police working days, every year, regardless of whether problems had occurred.

Heavy burden​

"While the PM and Chancellor are busy trying to resuscitate the economy, it seems perverse that the Home Office and Department of Health seem intent on burying it in a blizzard of unnecessary red tape," says BBPA director of communications Mark Hastings.

"They already have the power to put whatever mandatory conditions they choose on any particular licence. That way they can target the problem venues rather burden everyone.

"The last thing the British people and business need at this time is to be further burdened by rising costs and regulation."

Noctis executive director Paul Smith says the heavy burden put on pubs and clubs — while the off-trade is let off lightly with very few restrictions — is a particular concern.

"There are enough laws out there to tackle problem premises. We don't need extra ones," he adds. "Don't overburden industry when businesses are fighting for their lives."

Association of Licensed Multiple Retailers chief executive Nick Bish says the plans are a "wish list" from Government officials to show they are taking alcohol seriously.

"We will do all in our power to make it more acceptable and we will campaign against the more ludicrous parts."