The Home Office recently released 2017 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 fall significantly, though the reasons behind this are still unclear.
As of 31 March 2017 there were 211,500 premises licences, a 1% increase of 1,100 compared with 31 March 2016. The Home Office reports this is a 'in line with the broadly increasing trend since 31 March 2008' when 195,800 were recorded.
In addition to total licenses premises, figures also show in March 2017 there were:
- 14,300 club premises certificates, a 3% decrease of 400 compared with 31 March 2016
- 689,600 personal licences, a 6% increase of 41,700 compared with 31 March 2016
- 88,000 premises licences with late night refreshment, a 0.1% decrease of 100 compared with 31 March 2016
- 8,000 premises with 24-hour alcohol licences, the same as at 31 March 2016
On Vs off trade & saturation zones
In the last year the rise in premises were consistent across the on and off-trade. Both on and off on-trade premises rose by 1% on 2016, up 300 to 39,500 for pubs, bars and restaurants, with total off-trade premises up by 400 to 54,900. A total of 81,800 premises licences are authorised for both on and off-sales of alcohol, a 1% increase of 900 compared with 31 March 2016. Last year the off-trade had risen at a higher rate of 4%, seemingly reflecting the continuing shift to off-trade consumption and closing of wet-led pubs.
Local Authorities (LAs) received 9,778 applications for new premises licences in 2016-17. Of the decisions made by March 2017, 97% (8,937) were granted and 3% (238) refused. Of these, 1,124 applications (11%) were in relation to premises within cumulative impact policies (CIPs); areas designated 'saturation zones' in a bid to curb further premises from opening where it is deemed likely to increase problems. Within the CIPs, 94% of applications were granted and 6% refused, although in 2015 we highlighted issues over previously reported CIP data questioning its accuracy and what effect they were having in practice. A study published earlier this year had found areas which had higher use of CIPs were associated with decreased alcohol-related crime rates in the period up of 2009 to 2013.
Why are reviews in decline?
In the last year 600 reviews were completed for premises thought to be causing problems aligned to licensing objectives; a decrease of 100 (14%) and a similar fall to the previous year. This represents a decline in reviews of more than 50% from 1,300 in 2010 when the data collection began. Why reviews have continued to decline significantly can only be speculated upon. Whether the continued pressure seen on Local Authority and police budgets resulting in fewer licensing roles and resources has been a significant factor is hard to determine, as is any link to the overall downward trend in violent crime or possible improvements in operator practices.
Enforcement agencies such as police licensing roles may highlight that reviews are seen as a last resort and that engagement with premisses to address any issues should always be sought before taking formal review proceedings. Indeed the use of partnership schemes such as Best Bar None (BBN) seeking to improve responsible retailing practices have continued to grow, as have other schemes supported by industry bodies such as Community Alcohol Partnerships.
However despite claims that such schemes are effective in driving down alcohol-related crime and disorder, criticisms over a lack of robust outcome evaluations have been highlighted, as have concerns that such schemes may be seen as sufficient without the need for firmer licensing policies or the national policy levers many alcohol groups wish to see. Partnership approaches though have been endorsed by national government policy in which the Modern Crime Prevention strategy announced a second round of 'Local Alcohol Action Areas' (LAAAs) in 2016.
Reasons for completed reviews (more than one was cited in some instances) included:
- 467 were for crime and disorder, of which 93 reviews related to the sale of illicit alcohol
- 195 were for public nuisance
- 176 were for public safety
- 131 were for the protection of children
The majority of reviews (376) resulted in conditions being added to the licence or modified whilst 207 resulted in a licence being revoked or a club premises certificate being withdrawn. Eighty-eight reviews resulted in a licence or certificate being suspended whilst no action was taken following 30 reviews.
Late Night Levies and EMROS
Eight Local Authorities (LAs) reported having Late Night Levies (LNLs) in place, estimating an additional income of £1.8 million collected from fees, intended to be used by LAs and police to address the impact of alcohol on the night time economy and public services. No Early Morning restriction Orders (EMROs) have been implemented - again with claims being made that partnership working has shown its success as an alternative, although a number of LAs have sought and and failed to implement them. In 2012 the Association of Licensed Multiple Retailers announced a 'fighting fund' to support legal challenges against EMRO and LNL plans.
Licensing legislation: fit for purpose?
In recent years a number of reports have further questioned the suitability of the 2003 Licensing Act. Earlier this year a Lords Committee review called for a fundamental overhaul of the Act and made serious charges such as 'scandalous misuses of the powers of elected local councillors' and the use of the Act as being 'something of a lottery'. However Jon Foster, author of the Institute of Alcohol Studies' (IAS) extensive 2016 report on the Act, argued the problems were "only half diagnosed" by the Lords review. The IAS report recommended the introduction of a health objective and an economic objective into law, restrictions on off-trade hours and for LAs to use the Act's options for enforcement in a more assertive manner.
For the meantime, national policy debates look set to focus on pricing issues as duty announcements and a final verdict on Scotland's long running Minimum Unit Pricing battle loom. Debates over the suitability of the current Licensing Act are still likely to return in the coming years, particularly whilst unknowns behind trends in figures remain.
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