Trade confronts tough times

So now it’s my turn.

This trade has proved itself very resilient in the past, whatever legislation the Government has contrived. I am sure that 2012 will be the same, but I am concerned that a combination of the Home Office, the police and certain local authorities will make life difficult for a sizeable minority of licensees.

The weapons at their disposal are varied, but two of them have been in the spotlight recently — summary reviews and closure notices.

Both have been more in evidence during 2011 and I have no doubt that, encouraged by the uncompromising attitude of the Home Office, the police will continue to use these ‘instant’ powers whenever they see fit.

My problem lies in the manner that both these applications are being used. If it was really ‘serious crime or disorder’ that was being combated I would not protest. Similarly, if there was a serious breach of conditions, or selling without a licence, a closure notice would be appropriate.

But both legal devices are being employed in a wide variety of situations where they are not truly justified. It is power without responsibility, and that always grates with me.
A summary review consists of a police application to the licensing authority accompanied by a certificate from a senior officer that the premises are ‘associated’ with serious crime or disorder, or both. Not an individual, mind you, or a company. The actual premises that sell alcohol. The connection is important.

The authority can then take actions under the Licensing Act, known as ‘interim steps’, even without the licence-holder knowing or making representations.

The first he/she may hear of it is a formal notice of the order and an invitation to attend for a full review of the licence. The notice may actually suspend the licence, without warning. Instant closure of the pub or club.

True, the licence-holder can then attend a hearing, be represented, make his defence or give an explanation. This evidence may be quite different from that which the police have presented: it often is. But at least both sides are heard.

Closure notices are quite another thing and in spite of protests they continue to be used in a quite improper manner by the police in certain areas. They stem from the Criminal Justice and Police Act 2001.

But they are not closure orders: they should be used only to warn individuals that if they continue to operate outside their conditions they may be closed down by the magistrates.

The police, however, are using them to impose instant closure of the premises for sometimes minor breaches of licence conditions such as broken or faulty CCTV, or failure to post notices.

During 2011 they even went on ‘test visits’ to selected premises to use the notices under legal supervision. This is quite wrong and unnecessary and has given the police the impression that they can act unilaterally against pubs for relatively minor issues.

We do not yet know how local authorities will use their new powers under the revisions to the Licensing Act, which come into effect later in the year.

But on current form there are likely to be several areas where the trade will feel it is even more weighed down by conditions and restrictions that are unnecessary but considered ‘appropriate’ by one or two local councillors.

Hard times. But I remain convinced that the licensed trade will come out fighting all the way.