A trade body is "extremely dismayed" that the planned licensing overhaul fails to fully recognise the effect of cheap supermarket booze on disorder.
The Association of Licensed Multiple Retailers (ALMR), part of the Independent Pubs Confederation, said the Government must act on the sale of cheap alcohol if it was serious about clamping down on late night disorder.
The ALMR cited evidence from Westminster Council where pre-loading was linked to 643 incidents in six nights.
"We believe it is vital that additional steps are taken now to re-regulate the off-trade, not just a ban on below cost selling but also the re-introduction of controls on siting; replacement of the presumption of 24 hour licences with a requirement to justify opening hours; a ban on irresponsible promotions and the use of price in advertising.
"All of these measures currently apply to pubs and bars and the majority could be introduced by non-regulatory means through Guidance to Licensing Authorities.
"Failure to tackle this issue now will only serve to continue to frustrate the successful delivery of policy objectives to reduce excessive consumption and associated crime and disorder, as we have seen in the past."
Scrutiny and attention
The ALMR said it believed the changes to the Licensing Act should be included in a dedicated Licensing Bill rather than as part of the Policing and Crime Bill.
"There is a very real danger, as in previous reforms, that the licensing proposals will not receive the due scrutiny and attention they demand, that the commercial and regulatory context will not be taken into account and that the implications and consequences of apparently minor changes to one part of the law will not be considered."
It said the inclusion of public health as a licensing objective and a below cost ban on sales would be more effective if included after the public health white paper and the Treasury review of pricing and taxation.
"We strongly recommend that the implementation of the Bill is delayed until the policy measures arising from these reviews have been developed and are in place," it said.
The ALMR said there was "little doubt" the Licensing Act needed streamlining but stressed it should be made more robust.
"What we need is a raising up of standards across the board and promotion of best practice, not a dumbing down to the lowest common denominator," it said.
"Taken as a whole, these proposals do just that — increasing uncertainty and complexity, making decisions more open to legal challenge and reducing protections for business, residents and interested parties alike."