Pubs reeling from enforcement rise

Licensees are facing increasing pressure from local authorities, environmental health officers, police and even residents. And reviews of pub licences are on the rise.

Those are the views of licensing solicitors Poppleston Allen, which this week launches a free 24-hour legal helpline called Licence 999 to help licensees involved in legal disputes.

Andy Grimsey, of Poppleston Allen, told the MA: "Enforcement action is on the increase.

"We are seeing instances of incorrect interpretation of the law by the authorities, as well as heavy-handed tactics, when a more moderate approach could have resolved the same problem.

"A premises in the north-east was recently issued with a closure order at 2am on Saturday morning followed by a 10am magistrates appearance that same day, where the client was without legal representation and a month's closure followed — a situation that might have been avoided with initial advice at the time of the incident.

"In another case, a venue was forced to suspend alcohol sales because there was no designated premises supervisor present on a bank-holiday weekend. Police used their powers and issued a closure notice.

"In a further example, the police told a nightclub that they were not employing sufficient doorstaff, as required by their licence conditions, and that they should close. However, the police were wrong, as the licence condition was clear on the number of doorstaff, and the nightclub was in fact complying. The instant legal advice we offered gave them the confidence to stay open.

"Subsequently, it transpired that the police had been referring to a condition on an out-of-date licence."

Real concern​

MA legal editor Peter Coulson said: "It is of real concern that there is much more enforcement at the moment, but it's no surprise as Government is encouraging it."

Both he and Poppleston Allen say more enforcement is on the way with the Home Office's latest draft consultation document, which would impose conditions on every licence and greatly increase the obligations of licensees.

Coulson said: "This document proposes a ridiculous amount of new red tape and is totally disproportionate. It tars every operator. And even more worryingly, some of its content suggests health issues are now part of licensing policy."

More information is available via the website, www.licence999.com, including marketing materials and details on how to keep off the "enforcement radar".