The Government has stepped back from plans to impose costly mandatory staff training on responsible licensees, the Morning Advertiser has learnt.
However, a fresh threat to pubs' ability to set drink prices has emerged, with councils able to ban or limit sales of "very low-priced alcohol" in pubs and shops in trouble hot-spots.
The proposals are included in the latest draft of the mandatory alcohol retailing code, seen by the MA.
Earlier drafts had set out strict training requirements for bar staff, which the Government estimated would cost pubs between £356 and £1,424 each per year.
In a welcome move, the new document does not list this as a mandatory requirement. However, councils would have powers to insist certain pubs pay for this costly training and trade leaders warn that the decision is far from final.
The condition would see hosts forced to draft a written staff training scheme. This must be verified by every responsible authority, including police, council and even the local child protection and fire authorities.
"At first sight this is a success. It appears to justify the work we have all done in laying out the costs of compliance [with mandatory training]," said Association of Licensed Multiple Retailers boss Nick Bish. But he urged caution about the latest draft, which has not been approved by ministers.
"We can't count our chickens yet. The final code might look very different. The Government will be talking to others who may have a totally different view."
Price control
Among the conditions authorities could impose on outlets via licence conditions are banning or limiting sales of "very low-priced alcohol" from the on and off-trades.
The move is seen primarily as a way to crackdown on deep discounting at supermarkets. But it could also hit pubs as there is no definition about what constitutes a "very low price".
British Beer & Pub Association director of communications Mark Hastings, who reiterated his overall opposition to the "ludicrous" mandatory code, asked: "What powers and what prices are we talking about?
"The answer could be positive for the industry. It could be a big headache. Until we see that detail we need to be extraordinarily cautious."
MA legal editor Peter Coulson said: "Very low means different things in different contexts, therefore it's not a condition to which the on-trade could easily comply.
"Very low could mean a pint at Wetherspoon's for 99p or a pint at a city-centre bar for £2."
Bish said the move could be a "sop" to calls for action against below-cost alcohol sales in supermarkets — this was not specifically listed in earlier draft codes.
There are also concerns that such a move could be seen as price fixing, although Bish said if it was a condition implemented via an Act of Parliament the operator could not be accused of breaking competition laws.
Other mandatory conditions in the draft code include abiding by Challenge 21, providing the option of serving drinks in small containers and strict rules on drinks promotions including no all-inclusives or free drinks for certain groups.
Suggested new conditions that councils could apply include using 40% of floor space for seating, bans on happy hours and promotions linked to pub crawls.
The latest draft code has been given to trade groups and other stakeholders for discussion before it goes out for a general consultation.