Select Committee on Home Affairs Fifth Report


5 Alcohol-related disorder

281. The definition of ASB as behaviour that causes "or is likely to cause harassment, alarm or distress" is sufficiently broad to include alcohol-related disorder and violence. The Home Office included the subject of alcohol-related disorder in its White Paper on ASB, Respect and Responsibility, and in its written memorandum as part of this inquiry.

282. Nonetheless the issues surrounding binge and underage drinking and the problems these cause to town and city centres (especially at night-time) are in many ways quite separate from the other issues surrounding ASB. The distinct nature of the issue is highlighted by the fact that the Home Office tackles the problem primarily through the Alcohol Team of its Violent Crime Unit rather than through its Anti-social Behaviour Unit.

283. In Section 2 of this report, we set out the scale of the problem of alcohol-related disorder in towns and city centres. We noted not just the Government's estimate of £12 billion per annum cost of crime and disorder, but also the very real costs in terms of the inability of public services such as police and A&E Departments to cope, and the impact on victims of violence and local residents.

284. Professor Hobbs, from Durham University, traced the rise of alcohol-related disorder directly to the development of the night-time economy:

During the late 1980s, in response to de-industrialisation and the loss of traditional sources of employment, local government administrations in Britain began to acknowledge the potentially important role that leisure activities could play in urban regeneration.

As a result, the night-time economy is now a major feature of economic life in Britain. In England and Wales alone, the licensed trade employs around one million people, and creates one in five of all new jobs. Each year, brewers, leisure companies and entrepreneurs invest around £1 billion within the sector, which is currently growing at a rate of 10% per annum. The pub and club industry presently turns over £23 billion, equal to 3% of the UK Gross Domestic Product.

This new night-time economy is based upon the consumption of alcohol, and is aimed almost exclusively at young people.

This economic boom has been accompanied by a rise in violence and disorder. In every research site across the country analysed by the Durham researchers, it was found that violence and disorder was exacerbated in direct proportion to the number of drinkers coming into the town or city. Further, we were able to trace the spread of violence and disorder that accompanied the development of new drinking circuits adjacent to established drinking routes.[364]

Professor Hobbs also noted other research studies showing a "statistically direct correlation between city centre licensed capacity and street assault", and indicating that "when there was an increase in the capacity of licensed premises in a particular area or street, this was connected to an upsurge in the number of assaults in that area".[365] He told us that "the concentration of licensing in city centres is immense and that is really where drinking takes place, and particularly drinking which is concentrated at one particularly vulnerable group of the marketplace, which is the under-25s".[366]

285. In this section, we first provide an overview of the Government's policy response to alcohol-related disorder, before considering specific areas of policy in greater detail: policing and enforcement powers, the new system of licensing, the proper responsibility of the alcohol industry and city planning.

Government policy: overview

286. The Government's response to alcohol-related disorder is currently founded upon an assumption that the problem can be defined in terms of, and traced to, irresponsible individuals and individual premises. This assumption has informed nearly every aspect of Government policy in this area. It has led to the creation of a large number of new powers and drives for improved enforcement at local level.[367] It underlies the preference, in relation to the alcohol industry, for negotiation and voluntary agreements over measures imposed by Government, as it is assumed that it would be disproportionate to punish the many reasonable traders for the behaviour of the few who are irresponsible. It runs through many of the licensing reforms, and, indeed, informs the belief that licensing has a central role to play in reducing disorder.

287. The Government's philosophy in respect of tackling alcohol-related disorder is set out in the Alcohol Harm Reduction Strategy, published by the Prime Minister's Strategy Unit in March 2004, and accepted by the Government in full. The Strategy document argued that "a strategic approach to managing the night-time economy incorporates three key principles":

  • individuals are responsible for making choices about their behaviour in an informed way, and responsible for the consequences of those choices;
  • local establishments are responsible for giving accurate information, minimising the harm caused by alcohol misuse and working with local agencies to help tackle the consequences; and
  • Government is responsible for ensuring that information is provided, for protecting individuals and communities from harm caused by the behaviour of others, and for ensuring a fair balance between the interests of stakeholders.[368]

288. It then set out what was needed in relation to each of these areas. In relation to "individual responsibility", the document pointed to existing powers and noted that enforcement was weak. It proposed greater use of fixed penalty notices (FPNs), consideration as to whether further powers are needed and more concerted enforcement based upon a "partnership approach".[369] These proposals have been implemented by the Government through its Summer 2004 Alcohol Misuse Enforcement Campaign and a follow-up campaign in December 2004, considered below at paragraph 304, and through a Home Office consultation document, issued in January 2005, that set out a number of proposed new powers.[370] In general terms, there has already been a great deal of emphasis on improving the enforcement of alcohol-related disorder: in addition to the two enforcement campaigns, measures have included the introduction of fixed penalty notices (FPNs), the introduction and extension of closure powers and designated public places orders (to allow local bans on street drinking) and stronger powers to review and modify licences and to enforce the breach of licence conditions.

289. In relation to the responsibility of the alcohol industry, the Strategy outlined two main measures: first, a negotiated code of practice which would address issues such as age identification, the need for reasonably-priced soft drinks, better training of bar staff and design of premises; second, depending on the outcome of consultations, a financial contribution scheme under which local alcohol outlets would contribute to a local fund. There was a warning, however, that the success of the voluntary approach would be reviewed early in the next Parliament, with legislation considered if no progress was being made.[371]

290. In relation to Government responsibility, the Strategy document pointed to changes in planning rules which would make it more difficult for non-alcohol outlets to change use and become a pub or bar, the new licensing regime (discussed below), existing provisions relating to litter and noise and good practice examples in the area of late-night transport. It committed the Office of the Deputy Prime Minister to provide guidance to all local authorities in England on managing the night-time economy as part of existing local strategies by Q3/2004, and the Home Office to serve as the focus of good practice on alcohol-related crime and disorder, with the Anti-social Behaviour Unit driving better enforcement.[372]

291. By the time the Strategy was published, the Government had already legislated to reform licensing laws through the Licensing Act 2003—laws which again point to the belief that controlling the behaviour of the few irresponsible traders and premises is the best way to tackle disorder. When the Act comes fully into force, the licensing authorities will be local authorities rather than licensing justices, and both a premises licence and a personal licence will normally be required for the supply of alcohol. The Act will increase fines, as well as introducing the potential suspension for up to six months or forfeiture of personal licences held by people working at particular licensed premises, following conviction for offences of allowing disorderly conduct there or allowing sales of alcohol to people who are drunk. Licence conditions will be able to include crime and disorder measures. Under section 4 of the Act, licensing authorities have the duty to promote the four "licensing objectives": the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. Under section 5 of the Act, they are required to draw up a statement of licensing policy every three years, following consultation with relevant parties. Opening hours will be proposed by the applicant in the licence application, rather than prescribed by statute, allowing for the possibility of 24-hour opening.

292. The Department for Culture, Media and Sport pointed out that the purpose of licensing law is to control access to and behaviour on licensed premises, and does not have a direct role in controlling behaviour away from the vicinity of licensed premises.[373] The only recognition that, in practice, problems occur most frequently away from premises came in its backing for the new flexible licensing hours:

For the first time, the 2003 Act will introduce the positive benefit of flexible licensing hours as a means of helping to reduce alcohol-related crime and disorder currently experienced when large numbers of customers concentrate on the streets immediately following fixed closing times; and will help to reduce the heavy and accelerated consumption presently taking place before time is called.[374]

293. On 21 January 2005, the Government announced a series of new proposals for tackling alcohol-related disorder. The proposals—contained in a consultation that ran until 28 February—included:   

  • Seeking to recover costs from pubs and bars which cause the most disorder by introducing new 'Alcohol Disorder Zones'. A Zone would cover premises in an area where there is a continuing problem of anti-social drinking. After an eight week warning period, if there were no improvement, those premises would contribute towards policing and other local costs of dealing with alcohol-fuelled disorder;
  • Introducing an immediate 24-hour banning order on selling alcohol, where there is evidence that a premises is persistently selling to underage drinkers;
  • Introducing 'Drinking Banning Orders' for anyone who has been issued with three fixed penalty notices or has had three alcohol and disorder related criminal convictions. The order would exclude them from pubs and bars within a specified area for a fixed period of time;
  • Extending fixed penalty notices to cover young people attempting to buy alcohol under age and staff in licensed premises who serve people who are drunk;
  • Reviewing the penalties associated with alcohol related offending; and
  • Supporting a code of practice being developed by the alcohol industry giving guidance to owners and operators on banning irresponsible drinks promotions that encourage speed drinking and excessive consumption.[375]

294. The proposals are entirely consistent with the main thrust of the Alcohol Harm Reduction Strategy and the considerations underlying the new licensing regime in that they are based upon the principle of tackling individuals and individual premises that are acting irresponsibly. The proposal for new Alcohol Disorder Zones might be seen as a more radical shift: it moves away from the "voluntary approach" set out in the Alcohol Harm Reduction Strategy and appears to move away from the general focus upon individuals and individual premises that are perpetrating or encouraging disorder. However, it is made clear in the consultation document that the contribution towards local costs of policing would only be required if individual alcohol outlets fail to take necessary measures to improve their approach to tackling disorder. The assumption that the problem of alcohol-related disorder can be traced, to a large extent, to the irresponsible behaviour of some individual premises, stands also at the base of this proposal.

295. We asked witnesses whether the initiatives from Government, the alcohol industry, police and others have had a significant impact on the extent of the problem of alcohol-related disorder. Their replies varied. Professor Hobbs, from Durham University, argued that "I do not think we know because it has not been properly evaluated". Mr Steven Green, Chief Constable of Nottinghamshire, told us, "I think it has not got better. I cannot objectively prove it has got worse". Mr Doyle from the Institute of Licensing and Mr Hutson, Chief Executive of JD Wetherspoon plc, both argued that there was now a "greater awareness of the problem". Mr Hutson believed that this had had a "positive effect". However, neither was able to point to a dramatic reduction in disorder.[376]

296. The Government's response to alcohol-related disorder is currently centred around one main principle: the assumption that the problem can be defined in terms of, and traced to, irresponsible individuals and individual premises. We also note that the Government's emphasis on individuals making informed choices and being responsible for the consequences of their actions contrasts with moves to restrict smoking in public places. Unless it becomes clear that alcohol-related disorder is being reduced to a really significant extent, we believe that we should ask whether the Government should be so reliant on its emphasis on the role of individuals.

Powers and policing

297. There are many legal powers available to combat alcohol-related disorder, falling broadly into three groups. The majority of powers are directed against individuals. Prosecutions can be brought for a variety of offences, including being drunk on a highway, other public place or licensed premises,[377] the consumption of alcohol by a person under the age of 18,[378] and disorderly behaviour while drunk in a public place.[379] In practice, it is now more common for fixed penalty notices—payment of which discharges all liability for the relevant offence—to be used for these and other similar disorder offences.[380] Exclusion orders can be imposed on individuals convicted of a violent offence on licensed premises, banning them from that and other specified premises.[381] The proposed 'drinking banning orders' would be similar to exclusion orders but available in a wider set of circumstances.[382] Anti-social behaviour orders and acceptable behaviour contracts can already be used to try to affect the behaviour of individuals and to prevent them entering licensed premises.

298. Second, there are now an increasing number of powers targeted at licensed premises that are acting irresponsibly. The most important of these in practice is likely to be power to review licences following a breach of licence conditions. This is considered with the other licensing changes below at paragraph 317ff. In addition to this, there are prosecutable offences that are relevant to licensed premises—such as selling alcohol to a person who is drunk, selling alcohol to minors and allowing disorderly conduct on licensed premises.[383] In serious cases of disorder or nuisance, as well as in relation to excessively noisy premises and premises associated with the supply of Class A drugs, closure orders can be used to close down premises for up to 24 hours (soon to be extended to 48 hours), and the proposed 24-hour banning orders would extend this to individuals found to be persistently selling alcohol to minors.[384]

299. Third, there are a small number of powers that are targeted not so much at individuals or individual premises, but at public space. Designated public places orders can be used by the police, in conjunction with a local authority, to ban street drinking in defined areas.[385] A magistrates court, on the application of a senior police officer, has the power to close all premises within a specified geographical area which is experiencing disorder.[386] The proposed "alcohol disorder zones" would allow for areas to be designated in which licensed premises would be forced to contribute to policing and other local costs for dealing with alcohol-related disorder.

300. Several of these powers have yet to come into force: these include the licensing powers, some of the closure powers and the powers proposed by the Home Office as part of its consultation in January 2005. In considering those powers which are currently available (and some have been for a very long time), we were concerned with two main questions: the extent to which they have been used at local level, and their effect on alcohol-related disorder.

301. Many powers appear to have been underused—often strikingly so.[387] For instance, exclusion orders have been used infrequently. Recent figures are unavailable: however, figures for the 1990s reveal that the orders were uncommon and declining in use. In 1991, 70 exclusion orders were imposed; in 1996, there were only 23. Although in the Government White Paper on licensing reform it was proposed that exclusion orders would be made mandatory on the courts, this was not included in the Licensing Act 2003.[388]

302. Equally striking are the figures relating to prosecutions for alcohol offences. In 1980, there were a total of 124,380 drunkenness offenders in the UK—a rate of 221 per 100,000 people. In 2001, however, the total (this time including those cautioned) had fallen to 43,356—a rate of just 74 per 100,000. In 1992, 627 minors were found guilty or cautioned of under-age purchase of alcohol in England and Wales. In 2002, the equivalent figure was only 33. Similarly, the number of people found guilty or cautioned of selling alcohol to a minor has remained low throughout the past decade: 276 in 1992 falling to 162 in 2002.[389]

303. Other powers appear to have been used more. Designated public places orders had been introduced by 130 local authorities as of August 2004.[390] An estimated total of 27,513 fixed penalty notices were issued in the calendar year 2004 specifically in relation to alcohol offences.[391] The Association of Chief Police Officers welcomed the introduction of FPNs and argued that they could be used "still more effectively as a tool for dealing with ASB".[392]

304. In July and August 2004, in order to try to improve the use of enforcement powers at local level, the Police Standards Unit of the Home Office together with ACPO launched a summer campaign. In total, 92 Basic Command Units (representing 39 forces throughout England and Wales) and 46 Trading Standards departments participated. The Home Office described the conduct of the campaign:

During the campaign over 30,000 visits to licensed premises were conducted by participating partners i.e. Trading Standards, Fire Service, Environmental Health and Police and such visits resulted in over 1,200 offences being detected. Around 1,800 Test Purchases operations were conducted with over a third resulting in an offence being committed. Over 4,000 fixed penalty notices were issued and over 9,500 alcoholic containers were confiscated, with more than one-third of these being confiscated from children.[393]

305. A follow-up campaign was conducted in the last two weeks of December 2004. During these two weeks, police and trading standards officers carried out "sting operations" against nearly 1,000 licensed premises, issued nearly 4,000 fixed penalty notices and confiscated alcohol from 1,290 adults and 1,560 under-18s.[394]

306. Both campaigns uncovered examples of irresponsible trading. In the summer campaign, 45% of on licence and 31% of off licence premises visited were found to be selling to under-18s. In the December campaign, the figure for both types was 32%. In both cases, the figures need to be treated with a little caution: premises were specifically targeted on the basis of intelligence. The more significant figure might therefore be that out of 30,500 premises visited in the summer, 4% were found to have committed an offence; whilst out of 31,000 premises visited in the December campaign, just over 1% were found to have committed an offence.

307. The effects of the Summer 2004 Alcohol Misuse Enforcement Campaign in terms of its impact on alcohol-related disorder and violence appear to have been mixed. The following table, published by the Home Office, indicates the percentage change in recorded crime from July/August 2003 to July/August 2004:[395]
Common Assault HarassmentViolence against the person Other wounding Wounding / endangering life
91 BCUs which participated in the campaign[396] -8.4%28.1% 1.5%8.3% -9.2%
All other BCUs -12.8%20.2% 5.5%13.3% 1.3%

308. Mr Steven Green, Chief Constable of Nottinghamshire, told us of the limited effect of a similar drive to cut alcohol-related disorder in Nottingham in 2001:

We did a major initiative in 2001 where we did everything. We did enforcement; we did education; we did proactive work with licensees; and we achieved a reduction in violent crime over the year of about 11%; but then the money ran out, because it was a Home Office funded project, and the following year the violent crime went back up again. Whilst we were able to achieve some benefit it was extremely short-lived, and now the violent crime figures are as high as they were before it was done.[397]

309. Alcohol Concern described the summer campaign as "a welcome step forward in this area". It recommended:

We believe that the good work of this campaign needs to be taken forwards in an ongoing way if we are to sustain this behaviour change both in terms of tackling underage sales but also changing individual behaviour around alcohol consumption. To achieve such a change it is vital that the action is not seen just as a summer crackdown as this implies that it is simply about avoiding trouble for the duration, but rather as a line in the sand which is drawn to say that this sort of behaviour (both from retailers and individuals) is no longer to be accepted.[398]

310. We asked Ministers why biannual enforcement campaigns are used in relation to alcohol disorder, in contrast with other areas of ASB (where the Together campaign drives performance all year round). In response Ms Hazel Blears, MP, highlighted the success of the alcohol misuse enforcement campaigns in improving partnership working and the quality of enforcement; however, she did not explain why the "Together" approach is not used in relation to alcohol disorder.[399]

311. In seeking to understand the potential for increased powers and penalties to make a serious impact on alcohol-related disorder, it is crucial to know why prosecutions for existing drunkenness offences have been so low. Professor Hobbs shared with us the findings of his research, arguing that the low ratio of police to drinkers has created perverse incentives away from enforcement:

Night-time economies attracting over 100,000 customers were regularly policed by 15-20 Police Officers. Further the nature of drink related disorder, which is often unpredictable, irrational and extremely violent, means that a small number of simultaneous incidents will reduce the police presence further, as officers suppress the disorder, deal with victims, identify and apprehend offenders, and restrain, escort, and process prisoners. As a consequence officers are unable to enforce the law as they would during the hours of daylight. Arresting offenders removes police officers from the street, and officers are therefore reluctant to make an arrest unless, in their opinion, it is unavoidable, as this will reduce the overall effectiveness of the police, and in particular render a beleaguered night-shift unable to react to more serious incidents.[400]

The Chief Constable of Nottinghamshire, Mr Green, confirmed this when he estimated that on an average Friday night "there would have been between 80,000 and 100,000 people in Nottingham city centre and about 40 police officers maximum policing them". He told us that "when the pubs and clubs turn out an awful lot of people are criss-crossing the city trying to get their transport, go to the one public toilet that exists in the city centre, get a pizza or whatever it is they are trying to do".[401]

312. Professor Hobbs told us that, even if there were significantly more police on the street, they could not possibly prosecute or issue fixed penalty notices to everyone who was drunk and disorderly:

If police officers in Nottingham or anywhere else were to arrest or apply a fixed penalty notice to everyone who was drunk at midnight you would be opening up special camps to deal with them. If someone is out at midnight and they have been out since seven or eight o'clock at night and they have been drinking alcohol consistently, let us be clear: they will be drunk. Officers therefore have to use their discretion.[402]

313. On the other hand, there have been some calls for greater powers to be given to the police—in particular, for greater powers to close problem premises. ACPO have argued that "Police and Local Authority must have stronger powers to close licensed premises temporarily (perhaps up to seven days) and permanently where they are creating crime and disorder problems and selling to those underage".[403]

314. We welcome many of the new powers that have been introduced to target individuals who are committing alcohol-related disorder. Fixed penalty notices, in particular, have been helpful to the police, and have allowed them to deal with more drunk and disorderly behaviour than they were doing previously. We believe also that the designated public places orders are useful powers, and have the benefit of encouraging joint working between police and local authorities. We accept the need for greater powers to tackle underage drinking.

315. In addition, we welcome the Summer Alcohol Misuse Enforcement Campaign and its follow-up in December 2004. However, we note the contrast between these campaigns and the more general approach towards ASB which is all-year-round. We believe that the drive for better enforcement must be sustained if it is to achieve any longer-term reductions in alcohol-related disorder and recommend that this is done.

316. Better enforcement is a necessary part of the response to alcohol-related disorder; however, we conclude that on its own it is insufficient. Even if enforcement was to improve dramatically, we believe that this would have a limited impact. This is because the problem is not primarily about a handful of irresponsible individuals: it is what happens when tens of thousands of individuals under the influence of alcohol are milling about in public areas. The central solution lies elsewhere.

Licensing laws and dealing with problem premises

317. The most important aspects of the Licensing Act 2003 were described earlier.[404] These include more flexible licensing hours, the new statements of licensing policy, new provisions to enforce licence conditions and the requirement for local policy to follow the four licensing objectives.

318. Mr Steven Green, Chief Constable of Nottinghamshire Police, told us that "in every sense of the word the jury is still out" on the likely effect of the Licensing Act 2003. He argued that there are "a huge number of unknowns", including the legal robustness of the new regime, whether it would be possible to introduce 'saturation zones' and whether police powers would go far enough.[405] On the question of extended licensing hours, Mr Green told us:

If you look at the behaviour of drinkers, those who are committed drinkers as it were, even if you staggered opening hours people will move from premises to premises and will try and stay out as long as they can. This idea that staggering hours makes it easier to police I think has not been proven in practice, certainly not in this country. At the moment, as things stand, as you say we have a fairly concentrated range of hours so I know if I focus my resources on that time and probably an hour afterwards, by three o' clock in the provinces I can start scaling down and get people off to bed, preparing for the following day. The longer the hours then the greater the risk I have to police in the course of the night. I think what we are going to see is a pulling of resources out of day-time policing into night-time policing to cover those risks.[406]

319. Other witnesses agreed that, although there has been much media and other attention relating to the possibility of 24 hour drinking, the liberalisation of licensing hours is unlikely to lead to large-scale adoption of this. Instead, there is more likely to be incremental changes, with uncertain impact in practice. Mr Doyle, a licensing officer in Westminster City Council and representing the Institute of Licensing, told us that there had not been great demand for large-scale extensions of operating hours, although licensees did want "greater flexibility in their ability to operate".[407] He predicted that they would be most likely to ask for extended opening hours on Friday and Saturday nights. Mr Hutson confirmed that JD Wetherspoon would be looking to "extend hours moderately", but that this would depend on location and would be unlikely to extend as far as 24-hour opening.[408]

320. Mr Fox, President of ACPO, told us that the debate about licensing hours missed the point:

Our view is simply this, that in the late '90s a number of parts of the licensing mechanism abrogated their responsibilities and town centres were planned for night-time economies and licences were issued inappropriately, with over-saturation, in the face of massive legal combat by the industry itself. So we find ourselves in a position where we have saturated areas of alcohol. This is not about extended hours, this is about behaviour that exists now, and we have to deal with that and that means dealing with it across the piece.[409]

321. In statutory guidance, produced under section 182 of the Licensing Act 2003, the Government "strongly recommends that statements of [licensing] policy should recognise that longer licensing hours with regard to the sale of alcohol are important to ensure that the concentrations of customers leaving premises simultaneously are avoided. This is necessary to reduce the friction at late night fast food outlets, taxi ranks and other sources of transport which lead to disorder and disturbance".[410] The assumption seems to be that, with longer hours, people would go home at different times, dissipating gradually, rather than all leaving at once. If a licensing authority was concerned, however, that many people may still leave at closing time, it is not clear how much ability it would have to stagger the closing hours of premises so that different premises in an area have different closing times. Certainly, the Guidance does not state that licensing authorities should stagger these hours, and if an authority adopted a fixed policy that, say, some premises should be allowed to open until 2am and others until 4am, it could be subject to legal challenges.[411]

322. In general, Mr Green expressed uncertainty as to whether the Licensing Act 2003 would prove legally robust:

I think how robust the actual regulatory regime is, in the face of what will undoubtedly be sustained and well-resourced assaults by legal representatives of different companies, does remain to be seen. The test for me will be, will the local authority have the power to be able to design the kind of town or city centre that it wants to create; or will it be at the mercy of the legal process where decisions have been overturned in the courts, and is unable to achieve what it sets out to achieve? That is a great unknown.[412]

323. A further concern expressed by witnesses related to the ability of local licensing authorities to introduce "saturation" policies that take into account the cumulative impact of a concentration of licensed premises. This is not mentioned in the Licensing Act itself, although the guidance under the Act does deal with it. Mr Doyle told us that "if there is a policy of saturation, it will not be possible for a local authority to bring that into effect unless or until objection is made" either by a member of the public or by a responsible authority.[413] He added:

the policy in the authority I work in at Westminster has a saturation element to it in certain parts, such as Soho and Covent Garden. Very often what will happen is that the members will apply their policy not to grant any further late night drink-led entertainment in that particular area. They will not be able to do that routinely because all that has been taken away by the Licensing Act 2003 unless there is an objection. What will happen often is that that decision will be appealed and will go to the courts and the evidence to the court will include the fact that Westminster's policy approach is driven in part by section 17, but the courts are not bound by that, of course.[414]

This point is confirmed in section 3.14 of the statutory guidance.[415]

324. On the other hand, other features of the new licensing regime were more unreservedly welcomed by witnesses. These include the duty on local licensing authorities to prepare statements of licensing policy, the greater powers to enforce or vary licence conditions,[416] the ability to use licence conditions to force alcohol outlets to contribute to local crime and disorder initiatives, powers to close premises,[417] and the encouragement in the Act for premises which go beyond "simply stand-up drinking", such as "comedy clubs and places where one can eat, drink and be entertained".[418] Professor Hobbs told us that the issue of diversity was crucial:

Speaking to local authority officers and city centre managers over the last two years they see some of the changes in the licensing law as a possible opportunity to introduce diversity. At the moment it is for the under 25s. Most of the officers I speak to are middle aged, usually men, and they are looking for somewhere to drink themselves and they are getting rather disappointed because there is nowhere to go and use themselves as examples. The issue of diversity is crucial. It is going to be very difficult to introduce diversity. It is going to be very difficult to introduce a wine bar, a real ale bar or a comedy club once the licence is awarded and there are going to be some real battles over that.[419]

325. The Government has committed to monitoring the effects of the Licensing Act 2003 and has stated that, if necessary, it will introduce further legislation to alter or strengthen any provisions. In the meantime, however, it has expressed confidence that the new licensing provisions will have a major impact on alcohol-related disorder. Mr Caborn told us:

I think you will see significant changes particularly when the 2003 Act comes into operation fully […]. It will be later this year and in a couple of years' time we will look back and say, 'What was all the fuss about?'[420]

326. Professor Hobbs, however, was sceptical as to how much impact the new licensing arrangements can have, arguing that the focus should move away from individual premises:

With the changes in licensing law, there is a great hope that individual premises must be well run and if they are not we will close them down. Individual licensees—which is the personal licence awarded to those running the premises—will get their licence taken away from them if they serve under-age drinkers or if they run a disorderly house etc. This emphasis on individual premises is a red herring. The problem is in public space. The problem is the numbers who have been drinking in public space. A few years ago we had problems when people were coming out into public space at 11 o'clock and increasingly now it is 1.30 to 2.00, with extensions into three or maybe four o'clock. If we go to 24 hours it is going to get worse and worse, putting more people on the street; there will be no transport; there will be no urinals for young men who have been drinking gallons of beer; there will be no cabs; there will be no buses; so basically no facilities whatsoever. The problem we should be focusing on, I feel strongly, is on public space.[421]

327. We welcome many features of the Licensing Act 2003 as sensible measures that are likely to have a positive impact on reducing alcohol-related disorder. In particular, we welcome the transfer of functions to local authorities, the introduction of statutory licensing objectives, the duty on local licensing authorities to prepare statements of licensing policy and the greater powers to modify and vary licence conditions and to enforce breach of those conditions. As we argue below, in paragraphs 341-2, we believe that imaginative use can and should be made of these powers. We note, however, that the effectiveness of all these measures will depend on how they are implemented.

328. We were concerned to hear that licensing authorities will be unable to make use of their saturation policies unless they receive an objection to an application. This flies in the face of logic and runs the risk of exacerbating problems in the very areas that are struggling the most with disorder. We recommend that the Government legislates to reverse this situation before the Licensing Act 2003 comes fully into force. We recommend further that the Government publicises clearly to members of the public what their rights are under the Act and how they can object to licence applications.

329. We are concerned also about the legal robustness of the Licensing Act 2003. We have heard of potential for challenges in relation to saturation and diversity and believe that there may be a possibility of legal challenges to decisions about closing hours. We welcome the Government's commitment to keep the Licensing Act 2003 under review, and urge it to act quickly and decisively if there is any evidence that there are difficulties in these areas.

330. We conclude that there is no clear-cut evidence as to whether more flexible licensing hours will make current problems worse or will improve the situation. We accept that there is unlikely to be wholesale moves towards 24 hour opening as such, but it is to be expected that many licensed premises will after a time apply to stay open longer, and in some cases much longer than currently. Moreover, once one place does extend its opening hours then others in the area are likely to follow suit because of competition. Staggered drinking hours may reduce some flashpoints, but the changes may make it more difficult for the police in an operational sense to predict where and when officers need to be deployed. We recommend that local licensing authorities work closely with police to ensure that this is addressed. In the meantime, we urge the Government to monitor the situation on the ground extremely closely and to seek to change the law if necessary.

331. Overall, we conclude that aspects of the new licensing regime, such as the role to be played by local authorities, will have a useful contribution to make. This is not least because it is clear—from the results of the Summer Alcohol Misuse Enforcement Campaign and elsewhere—that some premises are acting irresponsibly and contributing directly to local drunkenness and disorderly behaviour. However, we agree with witnesses that the ability of the licensing regime to change fundamentally the nature of town and city centres is likely to be limited. This is because the central problem does not rest in individual premises, but in public space. As Professor Hobbs mentioned (at paragraph 284), research has shown a correlation between city centre licensed capacity and street assaults.

The responsibility of the alcohol industry

332. As part of its Alcohol Harm Reduction Strategy, the Government has been pursuing informal contacts with the alcohol industry and hopes to agree a voluntary code by June 2005. The Government has promised to review early in the next Parliament the question of whether the voluntary approach is having sufficient impact on alcohol-related harm.

333. The Bar, Entertainment and Dance Association shared with us some best practice examples of what some pubs and clubs have been doing. These included:

334. In addition to these individual schemes, Pubwatch is a good example of a national voluntary scheme intended to promote good working relationships between individual licensed premises and the police. Under it, the licensees of the premises involved:

agree on a number of policies to counter individuals who threaten damage, disorder, and violence or use or deal in drugs in their premises. Normally, action consists of agreeing to refuse to serve individuals that cause, or are known to have caused, these sorts of problems. Refusal of admission and service to those that cause trouble has proved to be effective in reducing anti-social behaviour. To work effectively any Pubwatch scheme must work closely with the police, licensing authorities and other agencies.[423]

335. Mr Hutson, Chief Executive of JD Wetherspoon, told us what his company has been doing to reduce disorder. This has included the training of management and bar staff, and the provision of food on premises. Mr Hutson told us that the latter had "a moderating effect on the whole atmosphere of the premises".[424] He later added that JD Wetherspoon was careful not to use irresponsible promotions, so that, for instance, "a double is twice the price of a single and if you want two bottles it is twice as much as one".[425]

336. On the other hand, Mr Green argued that, in relation to irresponsible promotions, little had changed since research flagged up the dangers of these in 1999. He showed us some examples of unacceptable promotions, such as a "skint card", where you get 25% off all drinks, and one advertisement which read "All drinks £1 all night; drink the bar dry". Mr Green concluded that "whilst the nature of the promotion might have changed, this idea of the open market place driving down the price of drinks, incentivising people to drink more and price being a feature of promotion, has not gone away at all".[426]

337. Whilst it may be possible for licensing authorities to tackle irresponsible promotions such as these through licensing conditions, there are legal complexities as to how far they can go in this respect. Chapter I of the Competition Act 1998 prohibits agreements by "undertakings" (defined broadly to include trade associations as well as individuals and individual companies) which have the purpose or effect of preventing, restricting or distorting competition. The most serious types of agreement covered by the Chapter I prohibition are price-fixing agreements: if found to have knowingly participated in such agreements, companies are likely to be fined heavily and their directors imprisoned.[427]

338. The Office of Fair Trading (OFT) advised us that under the Competition Act 1998, the Secretary of State is empowered to make an order to exclude the application of the Chapter I prohibition from an agreement or category of agreements, where there are "exceptional and compelling reasons of public policy" for doing so. However, the OFT argued that it was not in favour of this in respect of alcoholic drinks:

It is unlikely that a minimum pricing agreement would facilitate production or distribution or promote technical and economic progress. Moreover, it is unlikely to be of benefit to consumers as it may only serve to bolster the profits of publicans and shield inefficient operators from competition. It is also likely to result in an across board price increase for the majority of consumers who may not consume excessive amounts of alcohol. [428]

Significantly, however, it added that there is a critical difference between minimum prices imposed by authorities and prices agreed by trade associations or individual pubs and clubs:

However, where minimum prices are imposed at the sole instigation of a public authority such as the police or a local authority (which may not in any event be considered as undertakings within the meaning of the Act in relation to agreements of this nature) there is unlikely to be an agreement between undertakings that can be the subject of a challenge under the Act. It is important to differentiate this from a situation in which licensees actively and jointly participate in the determination of minimum prices in a meeting or other joint forum, facilitated by the police or local authorities and licensing officials. This latter scenario is likely to fall within the Chapter I prohibition.

339. This advice did not appear to have been known by the local government representatives who gave evidence to us. Mr Doyle told us that "the local authority's power to impose conditions on licensees around their pricing policy is non-existent at the moment".[429] Similarly, Councillor Clark, from the Local Government Association, told us of an attempt to broker a voluntary agreement between pubs and bars to set minimum prices that failed because of competition law.[430]

340. Although sections of the alcohol industry are working to try to improve the contribution of local pubs and clubs to tackling local disorder and to reduce the number of irresponsible promotions, we conclude that there are still far too many examples of pubs and clubs acting irresponsibly. We were particularly concerned to hear from the Chief Constable of Nottinghamshire that little has changed in the last six years in this regard.

341. We believe that imaginative use needs to be made of new licensing powers by local licensing authorities. In particular, we note that some pubs and clubs have voluntarily adopted dispersal policies and that many licensed premises are members of Pubwatch, although not all are. We recommend that the Government pushes hard for local licensing authorities to use licence conditions as a mechanism for achieving a far more widespread introduction of these types of action in areas which have been experiencing problems of disorder. In addition, we see the licensing framework as the best mechanism for tackling irresponsible promotions and recommend that the Government produces strong guidance in this area.

342. One route to tackling irresponsible promotions is the introduction of minimum pricing policies. We have heard a great deal of confusion on this point: several witnesses told us that local authorities are currently unable to introduce such policies; however, the Office of Fair Trading has advised that competition law is not necessarily a barrier as long as prices are fixed by local authorities and not by trade associations or individual pubs and clubs. We recommend, if it has not already done so, that the Office of Fair Trading clarifies this point directly to local authorities and that local authorities consider seriously the benefits of such a scheme, implemented through licence conditions and used in areas characterised by high levels of disorder.

Mandatory contribution to local policing

343. We considered whether local pubs and clubs should have to pay a mandatory contribution to local policing and other costs of dealing with alcohol-related disorder. As was noted above in paragraph 289, the Government has so far preferred the "voluntary approach", although it promised to review this early in the next Parliament. In addition, it recently proposed 'alcohol disorder zones': as we have observed, however, contributions inside these zones would be sought only where alcohol outlets are at fault in some way.[431] We asked Ms Hazel Blears MP whether this would make them difficult to use. She replied:

The idea behind the alcohol disorder zones is to get behaviour change because what we will do is give a warning to people that unless you change your behaviour we will declare you an alcohol disorder zone and then you will have to pay. Hopefully in that period when they get the warning they will then have an action plan to address the problems that we do not need to declare the orders at the end of the process.[432]

344. Several witnesses argued that there should be a mandatory contribution from the alcohol industry. Mr Green told us:

If the infrastructure is insufficient to cope with that, then somebody somewhere has to pay. It seems to me that the obvious people to pay are the industry because the benefits to them are likely to be so great. From my point of view I would welcome a situation where, as part of building a regime in a local town or city centre, a contribution could be required from a licensed premise on that basis which could be directly seen to go into providing a stronger infrastructure to deal with the kinds of problems that have been described.[433]

Mr Green also rejected the argument that the alcohol industry already paid their fair share in taxation, arguing that "simplistically, they still take far more out than is put in".[434] Both Mr Fox, President of ACPO, and Councillor Clark, representing the Local Government Association, told us that they were in favour of the principle of "polluter pays". Alcohol Concern argued that "the role and responsibility of the industry in tackling alcohol related anti-social behaviour needs to be highlighted".[435]

345. Professor Hobbs told us that he was in favour of contributions, and described problems with current voluntary arrangements:

There have been experiments with regard to the night time economy and operators paying for, for instance, police overtime to police their particular part of the night strip. This leads to disputes. If police officers are aware, for instance, that there is a fight 100 yards away from the strip that they are being employed to police on behalf of licensed premises, of course, they are obliged to attend that disorder, they are obliged to assist their colleagues. That means they are stepping outside the contract that has been made with those particular operators on that particular strip. This is quite a serious problem.[436]

346. However, Mr Hutson, Chief Executive of JD Wetherspoon plc, opposed the idea of fixed contributions, noting that many premises were already forced to contribute to disorder through licence conditions (requiring actions such as the employment of door staff), before arguing that fixed contributions would be unfair:

My final point is that the notion that the licensee should pay more or less assumes that the licensed premises in the city centre are all the same. Wetherspoon spends millions of pounds on training. We have six trained managers per pub on average. We have far fewer incidents of violence and disorder arising from our premises than other premises. We would argue that you cannot just apply one simple tariff to every licensed premise when it is quite obvious that certain licensed premises are run to a much higher standard than others and maybe a lot more care and attention should be paid to those premises that are not basically running a good ship.[437]

347. We welcome the acceptance of the principle that clubs and pubs ought to contribute more to the cost of disorder in some circumstances, as contained in the proposals for alcohol disorder zones. However, we are concerned that these proposals may be difficult to operate in practice. They seem to rest on the premise that individual licensed premises must be at fault for surrounding disorder; however, it is clear to us that problems of disorder can occur even if all the surrounding licensed premises are operating perfectly responsibly.

348. The extension of licensing hours works in the industry's favour and is likely to increase its profits. In return, we believe that pubs and clubs in areas designated by local authorities, in conjunction with the police, should pay a mandatory contribution to help solve local problems of alcohol-related disorder. Local authorities should have the discretion to decide whether this should be used to contribute towards the cost of local policing, the cost of late-night transport or other necessary facilities linked to the effects of night-time drinking. We believe that the size of the contribution should vary according to the size of the premise. It should be completely unrelated to issues of fault: the principle should be that licensing mechanisms will be used to maximum effect to require every pub and club in the area to act responsibly, and a mandatory contribution will be taken to help pay for the aggregate effect of large-scale drunkenness in public space.

City planning: the need to reclaim town and city centres

349. We have argued in relation to every aspect of policy considered so far—enforcement powers, policing, licensing and alcohol industry contribution—that whilst improvements can and should be made, this would be unlikely to make a fundamental impact on the problems of disorder in town and city centres. Professor Hobbs told us that existing policy, with its "emphasis on individual licences for individuals and individual premises is something of a red herring". He argued instead that the emphasis should be entirely different:

The night time economy is a largely unregulated youth orientated zone that floats on alcohol. It is an economy that due to the target age range within most of its consumers fall, and the commodity upon which it relies, is highly risky. However, despite being a high risk environment, it remains an unplanned economy, driven by market forces. To reduce exacerbating problems of violence and disorder, any city and town with a night-time economy should be required by law to create a plan that ensures adequate Police, transport, toilet, hospital and ambulance facilities. Public safety should be given the highest priority, and if these conditions cannot be met then the economy should not be allowed to expand.[438]

350. The notion that proper city planning must be the central part of the response to alcohol-related disorder was echoed by several other witnesses. The Chief Constable of Nottinghamshire, Steven Green argued:

It is all about planning in its wider sense, it seems to me. We can do what we want in policy terms but we have to plan for it. What worries me is that we seem to have taken a policy decision which says, "We want a more liberal regime in terms of licensing and the business side of it but what we have not done is guarantee that the infrastructure will be put in place for that to happen. Professor Hobbs' point about infrastructure on transport, on toilets, on police officers, on medical workers, on ambulances, on all those things is very important. Routinely I find that on a Saturday night my police officers are ferrying people to casualty because they have run out of ambulances.[439]

351. ACPO recommended that "local authorities should be setting wide ranging town centre plans, again driven by intelligence, which aims to set in place proven measures that reduce crime and disorder".[440] It gave specific examples, including the need for the town centre layout and practices to be adapted "to incorporate crime reduction principles such as street lighting, lines of visibility, siting of footpaths, accredited door staff, public transport availability at closing time, siting of taxi ranks and licensing of refreshment stalls".[441] In general terms, it noted that "good design has a critical role to play in prevention, both in the built environment of town centres and in licensed premises themselves.[442] Its President, Mr Fox, told us that it is rare in practice for town and city centres to have the necessary facilities to cope with the night-time economy:

There may be shining examples, but there are not many centres where you can find the toilets open at midnight, buses home after midnight, places where you can get non-alcoholic drinks and food—they are very, very limited.[443]

352. We think that it is important to distinguish between things that can be done now and things that will take some time to develop. An example of the latter is the need for greater diversity in terms of the type of establishment in an area and, as a corollary to this, the need to reverse the over-concentration of licensed premises aimed at the under-25s.[444] In this respect, the ODPM's recent 'How to' guide points to changing in planning law which tightens up permitted changes of use for A3 (food and drinks) premises and points to the need to assess the cumulative impact of development in deciding planning applications.[445] We note also that a new Planning Policy Statement 6 is about to be published which may encourage greater diversity.

353. In the meantime, there are things that can and should be done immediately. For instance, several witnesses stressed the importance of adequate night-time transport. Professor Hobbs argued:

Transport is the big one to get people out of the city centre. We are very good at getting people in at seven o'clock in the evening but usually the last bus leaves about quarter past 11 just when people are moving on to the club or to late night licensed premises. […] I think that transport is absolutely top of the list.[446]

This was backed by ACPO and Mr Green.[447] More generally, measures mentioned above such as the adequate provision of police, ambulance and A&E services, the introduction of sufficient public urinals, the incorporation of crime reduction principles into town and city centres and proper placing of taxi ranks are all measures that could be implemented immediately.

354. Under section 17 of the Crime and Disorder Act 1998, local authorities already have the duty to consider the effects of their decisions on crime and disorder. We have heard, however, that this has been ineffective in leading to the type of city planning that would be necessary if a major impact was to be made on alcohol-related disorder.[448] In addition, Mr Doyle has told us that the courts are not bound by section 17 in their considerations.[449]

355. Under the Local Government Act 2003, local authorities have the power to invite local businesses to contribute to extra services in areas known as Business Improvement Districts (BIDs). The proposer would develop a proposal describing the additional services and the cost to ratepayers. All ratepayers in the BID area would then vote on the proposal in a ballot, with approval for the proposal having to meet two tests: first, a simple majority of those voting must vote in favour; second, those voting in favour must represent a majority by rateable value. This "dual-key" mechanism is intended to protect against large firms forcing through a proposal against the wishes of small firms, or vice versa.[450] But whilst the introduction of BIDs may have some potential to assist with problems of disorder in town centres, they are not directed specifically to those premises (on or off licensed) which sell alcohol.

356. Overall, the problem of alcohol-related disorder must be addressed through proper city planning, in its widest sense. We accept that not everything can change immediately: it will take some time to reverse the over-concentration of licensed premises in some areas of towns and cities; equally, it will take time to introduce a greater diversity of premises into an area. We note in this respect that a new Planning Policy Statement 6 is anticipated which may deal with some of these issues: the test will be whether it enables local authorities to introduce greater diversity. However, some measures can and should be taken immediately.

357. We recommend that all local authorities with a designated disorder area should have a duty to produce a plan indicating how they will provide the infrastructure to cope with the night-time economy and what would be needed to finance that plan, taking into account the mandatory contributions from the alcohol industry.

358. In addition, we conclude that adequate late-night transport is absolutely essential if a real impact is to be made on levels of alcohol-related disorder. We recommend, as a matter of urgency, that the Government identifies the 50 areas in which alcohol-related disorder is highest, and works closely with local government in helping it to solve any logistical problems. We recommend also that in these 50 areas, the Government should assess whether mandatory contributions from the alcohol industry are likely to be sufficient to cover the cost of local transport and provide additional funding if necessary.



364   Ev 45, HC 80-II. This was backed by the Bar, Entertainment and Dance Association, quoted in paragraph 69 above, as well as by the Government in Cabinet Office (2004) Alcohol Harm Reduction Strategy for England, p45. Back

365   IbidBack

366   Q 199 Back

367   As we will show in paragraphs 297-299, most of these powers relate to irresponsible individual drinkers or premises, with very few powers dealing with issues of public space. Back

368   Cabinet Office (2004) Alcohol Harm Reduction Strategy for England, p48 Back

369   At pp48-50.  Back

370   Considered below at paragraph 293. Back

371   At pp50-3. Back

372   At pp53-6 Back

373   Ev 139, HC 80-III Back

374   Ibid. This argument is considered below at paragraphs 318ff.  Back

375   DCMS, Home Office and ODPM, Drinking Responsibly: the Government's Proposals, January 2005 Back

376   Q 204 Back

377   Section 12 of the Licensing Act 1872 Back

378   Section 169E of the Licensing Act 1964, soon to be replaced by s150 of the Licensing Act 2003. Other offences relating to minors include selling alcohol to a minor, purchasing on behalf of a minor and delivering to a minor. Back

379   Section 91 of the Criminal Justice Act 1967 Back

380   Fixed penalty notices were introduced through the Criminal Justice and Police Act 2001. They were originally available for 11 disorder offences. Following the Criminal Justice and Police Act 2001 (Amendment) and Police Reform Act 2002 (Modification) Order 2004 (SI 2540/2004), made on 27 September 2004, FPNs are now available for 21 disorder offences. Fifteen of these carry the higher £80 penalty; the remaining six carry a £50 penalty. Back

381   Under the Licensed Premises (Exclusion of Certain Persons) Act 1980. Back

382   Drinking Responsibly: the Government's Proposals Back

383   See Part 7 of the Licensing Act 2003. Back

384   Sections 161-170 of the Licensing Act 2003 set out the main closure powers. Powers to close excessively noisy premises are contained in section 40 of the Anti-social Behaviour Act 2003. Powers to close premises where there is evidence that Class A drugs have been sold on the premises and that there is associated disorder are contained in Part I of the Anti-social Behaviour Act 2003. Back

385   Chapter 2 of the Criminal Justice and Police Act 2001 Back

386   Section 160 of the Licensing Act 2003 Back

387   It is not possible to reach any conclusion in relation to closure powers, as figures are not collected centrally. Back

388   Home Office, Time for Reform: Proposals for the Modernisation of Our Licensing Laws. Cm 4696, 2000. A variety of reasons were given for not including the provision, including human rights considerations and issues of enforcement. See Baroness Blackstone, HL Deb, 4 March 2003: Col 722-3  Back

389   All these figures are recorded in Home Office, Criminal Statistics England and Wales 2002, 2003. They are collated and commented upon in the Institute of Alcohol Studies fact sheet: IAS, Alcohol-related Crime and Disorder, 2004. Back

390   Ev 52, HC 80-II. However, the figure is 120 according to Hazel Blears at HC Deb, 8 Dec 2004, Col 624W. Back

391   Figures provided by the Home Office. Of these, the vast majority (24,597) were for drunk and disorderly behaviour. A further 2,291 FPNs were issued for being drunk in the highway, and 455 were issued for consumption of alcohol in a designated public place. Back

392   Ev 7, HC 80-II Back

393   Home Office, Lessons from the Summer 2004 Alcohol Misuse Enforcement Campaign, 2004, p7 Back

394   Ev 222, HC 80-III Back

395   Home Office Press Release 391/2004 (17 December 2004). The source is iQuanta. Back

396   Excluding the British Transport Police Back

397   Q 204 Back

398   Ev 2, HC 80-II Back

399   Qq 589-90 Back

400   Ev 45, HC 80-II  Back

401   Q 225 Back

402   Q 240 Back

403   Ev 8, HC 80-II Back

404   Above at paragraphs 291-292 Back

405   Q 205 Back

406   Q 207 Back

407   Q 208 Back

408   IbidBack

409   Q 379 Back

410   Department for Culture, Media and Sport, Guidance issued under section 182 of the Licensing Act 2003 issued by the Secretary of State for Culture Media and Sport, July 2004, section 3.29. Back

411   This could be on the basis that an authority had adopted a fixed policy and therefore fettered its discretion; it could be on the basis that it had acted inconsistently or perversely by permitting one establishment to remain open for longer than another. Back

412   Q 205 Back

413   Q 209 Back

414   Q 228  Back

415   Guidance issued under section 182 of the Licensing Act 2003 issued by the Secretary of State for Culture Media and Sport Back

416   Q 278. Mr Doyle described this as "one of the best things about the Act". Back

417   IbidBack

418   Q 213 (Mr Doyle) Back

419   IbidBack

420   Q 594 Back

421   Q 213 Back

422   Ev 118, HC 80-III Back

423   Guidance issued under section 182 of the Licensing Act 2003 issued by the Secretary of State for Culture Media and Sport, at paragraph 2.16 Back

424   Q 243 Back

425   Q 245 Back

426   Q 246  Back

427   The latter sanction was introduced in the Enterprise Act 2002.  Back

428   Ev 207, HC 80-III. It further argued that other methods ought to be tried prior to imposing blanket minimum prices, such as better use of existing police powers and better enforcement of existing laws Back

429   Q 250 Back

430   Q 388 Back

431   At paragraph 294. Back

432   Q 596 Back

433   Q 229  Back

434   Ev 165, HC 80-III Back

435   Ev 3, HC 80-II Back

436   Q 234 Back

437   Q 232 Back

438   Ev 46 Back

439   Q 226. Mr Doyle contrasted this with planning in the narrow sense, which he described asnot necessarily central to the issue (Q 212). Back

440   Ev 6, HC 80-II  Back

441   Ibid.  Back

442   Ev 8, HC 80-II  Back

443   Q 381 Back

444   Professor Hobbs described this as "crucial" at Q 213.  Back

445   ODPM, How to Manage Town Centres, March 2005, section 1.4 (available at www.cleanersafergreener.gov.uk) Back

446   Q 218 Back

447   Ev 8, HC 80-II, Q 226 Back

448   Q 220 (Professor Hobbs), Q 221 (Chief Constable Steven Green). Chris Fox, President of ACPO, made the same argument at a conference to discuss the effects of the Summer Alcohol Misuse Enforcement Campaign. Back

449   Q 228 Back

450   See the Business Improvement Districts (England) Regulations 2004 (SI 2004, No. 2443) Back


 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2005
Prepared 8 April 2005