The Home Office has opened consultation on the forthcoming mandatory licensing code of practice intended to address irresponsible retailing of alcohol and associated crime and disorder. The proposals set out a number of new requirements detailed in the main consultation document 'Safe. Sensible. Social. Selling alcohol responsibly'. The new code of practice has four 4 key areas:
- mandatory licensing conditions that will apply to licensed premises
- a requirement to display alcohol unit content and health related information
- discretionary local licensing conditions that can be applied to groups of two or more premises in any local area that have been clearly linked to alcohol-related nuisance and disorder
- statutory guidance to support the conditions and requirements, maximising the positive impact of the code, and good practice guidance.
The mandatory licensing conditions are expected to receive the most attention given that up to 8 compulsory requirements can be brought in under the proposals that will impact on how pubs and clubs and the off-trade sell alcohol. The proposals include a number of key conditions:
- Banning irresponsible promotions such as 'all you can drink'
- Banning irresponsible practices such as alcohol being directly dispensed into customers mouths
- Ensuring smaller measures (but not glass sizes) are made available
- Ensuring the availability of free tap water
- Ensuring online retailers have robust age-verifications systems
- Ensuring point of sale information such as unit information and health guidelines are visible to all customers
The proposals for a new code of practice follow previous consultation last year on whether and how the government should take further action on retailers and industry. The government then quickly responded in announcing that further measures would be taken and published a consultation findings report. However when the announcement was made that a mandatory code was to be brought in, we highlighted dissatisfaction amongst some groups that the proposals would not directly address heavy discounting of alcohol by supermarkets. Arguments calling for action on the continued availability of cut-price alcohol from the off-trade were supported by findings that price and availability are directly linked to alcohol-related harm.
As a result, the debate over minimum pricing has continued, particularly following recommendations to the government to introduce minimum pricing by the Chief Medical Officer and other senior health professionals. However the Home Secretary and Prime Minister have both spoken out against minimum pricing, using the argument of not wanting 'to punish the sensible majority' although a recent presentation to the Commons Health Select Committee showed that "Moderate drinkers would only pay an extra £12 a year, whereas a harmful drinker, because they buy so many more units, would pay an extra £163 a year." (Guardian coverage here).
The treasury has continued its promise of increasing duty on alcohol, last month announcing the most recent 2% increase.
Following announcement of the most recent proposals, further media attention and debate has opened up including:
- Criticism of 'confusing' mandatory code from the Association of Convenience Stores (ACS), see ACS press release for details
- Responses to the new code from Mike Craik, Association of Chief Police Officers (ACPO), Home Secretary Jacqui Smith and Alcohol Concern Chief Executive, Don Shenker, included in this Home Office press release
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