Licensing reform: keep up a strong campaign

There has to be a strong trade reaction to licensing reform, even if it means a critical approach to a new government, says Peter Coulson.

You have heard of Nelson's eye, of course. The phrase was originally used to signify bravery, by ignoring the risks.

Nowadays, it tends to be used about someone following a course they have set themselves without considering any other views.

So it is with the Home Office and licensing reform. It has proved extremely difficult for trade leaders to get to talk to Government ministers about some of the real problems of the new proposals, and it could be that this reluctance to engage is because their minds are set and they do not even want to consider the possible flaws.

If this is true, even the most well-argued and concerted effort to show up the unfairness and imbalance in the new proposals will be of no effect. Talk to the hand.

We have an agenda. If the Home Office "spin" on mandatory conditions is anything to go by, expect an announcement shortly about "massive support" for the new measures, and "power to local communities".

It is truly impossible to address the number of inconsistencies and practical errors that litter the consultation document, but Gerald Gouriet, the QC engaged by the British Beer & Pub Association to give his opinion on the contents, has highlighted all of the main ones, and argued forcibly and well against them.

Blind fools

Alas, I cannot see James Brokenshire and his colleagues saying to each other: "What blind fools we were! He's right, let's scrap it and apologise to the licensed trade for trying to steamroller them."

The script has already been written. There is a drink problem. The public wants the Government to do something. The easiest thing to do is to clobber the purveyors and give additional powers to the authorities and try and suppress opposition by making it very difficult to appeal.

In any other area of the law — even for criminals — the removal of appellate procedures would be greeted with howls of outrage from human rights campaigners.

But it seems that the licensed trade is lower than criminals when it comes to justice and fairness. If the police say you are likely to cause problems, then that's the way it is. Application refused. The difficulty here for the trade bodies is in deciding whether to be confrontational or continue with the idea of co-operation in the fight against alcohol abuse.

It has been pointed out that perhaps the initiative was lost to the health lobby some time ago at a time when the trade could and should have fought its corner better, but that is being wise after the event.

Strong trade reaction

I think that there has to be a strong trade reaction to these measures, even if it means a critical approach to a new government at a time when the economic crisis and the cuts are likely to be the main agenda item for everyone. To that end, the fact that the consultation is officially over is

of no relevance — decisions can be amended and the provisions in the new Bill have yet to be debated. While there is life, there is hope.

What is of vital importance, however, is that the level of protest continues and is sustained throughout the whole period.

A couple of "outrage" headlines are no use — a strong and determined campaign at Government and parliamentary level from now on, through 2011 and even until such measures as are agreed are finally brought into effect, is the only way to improve the situation.

The changes will affect all licen-sees in their dealings with the police and local councils, not just the few "bad boys". These proposals are bad for everyone.