The Home Office recently released 2016 statistics on alcohol and late night refreshment licensing in England and Wales, showing a further small but steady rise in the total number of licensed premises. Reviews of premises potentially causing problems have continued to decline, though the reasons behind this are unclear.
As of 31 March 2016 there were 210,000 premises licences in England and Wales, an increase of 3% (up 5,500) compared with 31 March 2014 when the data was last submitted by Local Authorities. The Home Office reports this is a 'broadly increasing trend seen since 31 March 2010' when 202,000 premises were recorded.
In addition to total licenses premises, figures also show in March 2016 there were:
- 14,700 club premises certificates, a 5% decrease (down 700) on 2014
- 646,500 personal licences, an 11% increase (up 63,000) on 2014
- 86,500 premises licences with late night refreshment, a 0.1% decrease (down 100) on 2014
- 8,300 premises with 24-hour alcohol licences, a 1% increase (up 100) on 2014
Whilst on-trade premises rose by 3% on 2014 (up 1,300 to 38,600), total off-trade premises rose by 4% (up 2,100 to 55,700) indicating the growing shift towards off sales; recently off-trade beer sales over took those in pubs and other on trade premises for the first time.
Pub numbers though continue to decline based on CAMRA figures, so the overall growth in on-trade is accounted for by restuarants, bars or other venues. A small 0.5% increase was seen in premises licensed for both on and off sales. The number of clubs closing continues to be the most significant drop, with a variety of factors thought to be behind the trend.
Are cuts to local government linked to falling reviews?
Reviews of premises, where Local Authorities are asked to consider a license which may be having an adverse impact on the licensing objectives, have fallen steadily. For the year ending 31 March 2016, a total of 700 reviews were completed - a decrease of 13% (down 100) compared with the year ending 31 March 2014. This continues the decline seen since 31 March 2010, when the figure was 1,300 reviews.
However the reasons for the significant decline in reviews is uncertain. One factor maybe the continued pressure seen on Local Authority and police budgets resulting in fewer licensing roles and resources to engage in potentially expensive legal proceedings. It may also be worth noting a downward trend in violent crime, although unlikely to account for the significant falls in reviews.
Reasons for completed reviews (more than one was cited in some instances) included:
- 517 were for crime and disorder (of which 112 related to the sale of illicit alcohol)
- 213 were for public nuisance
- 188 were for public safety,
- 183 were for the protection of children.
In the majority of cases (451), reviews resulted in conditions being added to the licence or modified. A license or club certificate was withdrawn in 201 cases and 77 resulted in a licence or certificate being suspended. For premises licences only, 65 resulted in the designated supervisor being removed. No action was taken following 38 reviews.
24 hour premises and Cumulative Impact Policies
There were 7,029 premises with 24-hour alcohol licences recorded in March 2016, of which 43% (2,978) were for hotel bars. A further 32% (2,206) were for supermarkets and stores and 11% (749) were for pubs, bars, and nightclubs. The Home Office states the number of premises with 24-hour alcohol licences has 'remained steady since 31 March 2012', although up from 7,600 in 2009.
Cumulative impact polices (CIPs) - sometimes called 'saturation zones' - are used to identify designated areas where it is deemed any further premises would be likely to have a negative ‘cumulative impact’ owing to a saturation of premises. The latest figures show a similar picture as before; 660 applications or variations were made in CIPs, of which 89% (470) were granted and 11% (60) were refused. This compares to 97% (4,749) of applications granted and 3% (134) refused in areas without CIPs. However last year we highlighted issues over previously reported CIP data questioning its accuracy and what effect they were having in practice.
What future for the 2003 Licensing Act?
The Licensing Act arguably has a chequered history. Before its introduction, much of the media reported high streets up and down the country would become no go zones following the introduction of '24 hour drinking'. However the effect was more nuanced, with alcohol-related crime tending to be spread out later rather than concentrated around the old 11pm pub closing time. Whilst alcohol-related crime has fallen as part of a wider downward trend in violent crime, research found the Act was associated with an increase in binge drinking amongst heavy drinkers.
Certainly the Licensing Act did nothing to create the desired 'cafe culture' politicans had talked of. In fact a comprehensive Institute of Alcohol Studies report found the Act has caused significant problems for local communities and its powers are under-utilised. These findings came despite promises of the Coalition to Government 're-balance' the Act in favour or local communities, but arguably such measures have made little overall impact. However one study recently found stronger local approaches to licensing policy were associated with lower alcohol-related health harms. Indeed a number of groups such as the LGA wish to see the protection of public health included within the Act's objectives, as exists in Scotland.
As such, a Select Committee on the Licensing Act has been hearing evidence from a range of stakeholders. The likelihood of its recommendations resulting in any significant changes may be restricted by the current political climate, though health advocates may argue there are longer term savings to be made from a more 'robust' approach.
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