The Local Government Association (LGA) has called for a change to licensing legislation to allow local public health considerations to be taken into account. The LGA highlighted the burden of alcohol-related health harms associated with over-supply, but describe the rules preventing health impacts being considered in licensing decisions as 'bizarre'.
Currently local health bodies can take part in licensing decisions, but any evidence submitted must be related to one of the existing non-health related licensing objectives if it is to be considered. For instance hospital data might be useful in highlighting violent crime incidents, which could be considered under the 'prevention of crime' objective. Currently a fifth 'public health' licensing objective forms part of Scotland's licensing laws.
In England new licensing powers were brought in as part of the the Police Reform and Social Responsibility Act (PRSA) 2011. The 2010 consultation was branded as 're-balancing the licensing act', but there appears no consensus that any kind of 're-balancing' has been achieved. Recent figures suggest reviews have dipped, whilst overall licenses are slightly up.
The changes included councils becoming 'responsible authorities' with new powers. Currently three 'late night levies' have been implemented, but no areas have implemented an 'Early Morning Restriction Order' (EMRO) despite some attempts.
The LGA called for the changes after publishing a document calling for a full reform of licensing legislation, including gambling statute. Cllr Katie Hall, Chair of the LGA's Community Wellbeing Board, said:
"Local health experts have a vital role to play in advising councils on the potential impacts of an application to open new licensed premises. That makes it even more nonsensical that councils are being forced to ignore their advice when considering additional licences they know could be a health hazard.
"The Government needs to see sense and help communities by updating licensing rules and adding a new health objective. This would help improve the health of local areas and also ease the pressure on the nation's stretched health services."
Several toolkits and guidance documents have been released to try and support local action in England, including developing public health responses. See recent Public Health Licensing event presentations here.
Home Office licensing guidance can be accessed here, including revised guidance issued under section 182 of the Licensing Act 2003.
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