Memorandum submitted by the Association
of Chief Police Officers (ACPO)
Thank you for the opportunity to attend the
Select Committee inquiry into the Licensing Act 2003. I can confirm
that as the new ACPO alcohol licensing lead I will be attending
to give oral evidence on Tuesday the 14 October at 11.10 am and
will be accompanied by Chief Inspector Adrian Studd of the Metropolitan
Police's Clubs and Vice unit.
Having carefully considered the questions posed
by the Committee I consider that the first one is of most significance
to the police service so most of our submission will be directed
towards this. We will, of course, be happy to assist the Committee
in any way we can on the day, accepting that some areas to be
covered will be outside our area of expertise.
When considering levels of violent crime, disorder
and nuisance it is important to consider them in the context of
the impact on police resources. When the Licensing Act 2003 was
introduced there was no additional funding for police forces to
cope with any behavioural or cultural changes brought about by
it. The traditional peak time for the type of offences we are
considering was between 11.00 pm and 12.00 am, the time most licensed
premises closed. In the terms of policing this allowed police
managers to run their resources down after midnight so officers
could be brought in from 8am the next morning for regular day
time activity.
Research into the impact of the Licensing Act
2003 has shown a small but consistent rise for all relevant crimes
between 3.00 am and 6.00 am. In relation to more serious violent
crime there has been a fall in the overall numbers, however the
falls have mainly been in the day time and evening hours, with
an increase of 25% between the hours of 3.00 am and 6.00 am. This
figure has remained stable since then. The figures for less serious
wounding offences show a similar pattern. (source: Home Office)
ACPO considers that overall there are some benefits
that have been introduced by the Licensing Act 2003. The review
process, while far from perfect, is an improvement on the previous
"all or nothing" of a revocation. This has recently
been strengthened further through the introduction of "expedited
reviews" giving police the opportunity to keep problem premises
closed while the review application is considered. One of the
weaknesses of the system is that no matter how poorly a premises
is run and how much crime and disorder it generates, if they are
able to make improvements in the period between review notices
being issued and the actual hearing they stand a good chance of
being able to continue operating in the same style. Such improvements
are often only short term and if standards again fall the whole
process has to be started again.
When considering reviews and subsequent appeals
an issue that causes concern is that when a responsible authority
such as the police appeal a licensing authority decision, the
applicant is automatically a co-respondent with the local authority,
ensuring they are able to present their own case. However, when
the applicant appeals a decision that has gone in favour of police,
the police cannot be a co-respondent, leaving the licensing authority
sole respondent and liable for all costs. A position that can
seriously undermine the ability of police to successfully pursue
their case.
Other areas of the legislation that cause considerable
concern are the lack of a national data base for personal licence
holders. This means that such a licence holder who has his licence
taken away is able to go to a different licensing authority and
obtain another licence. It also means that where an individual
is convicted of a relevant offence there is no way of checking
if he holds a personal licence.
Temporary Event Notices (TENs) continue
to cause problems for the police service nationally. The notices
circumvent most of the safeguards written into the Act, allow
individuals with no training or experience to sell alcohol and
provide very limited opportunity to object. This is particularly
relevant when considering applicants who are not licence holders
issuing notices for events not being held in licensed premises.
Two recent examples where victims have been fatally stabbed at
such "community" events highlight these concerns.
ACPO would like to see the whole provision of
TENs tightened up to prevent abuse, by restricting the number
an individual can apply for. We suggest extending the totally
unworkable 48 hour provision for raising objections to five working
days; making provision to allow objections on wider grounds than
just Crime and disorder and including objections from other responsible
authorities and interested parties.
Stress/Saturation areas. Key to the ACPO
seven point strategy on licensing is the ability of local authorities
to properly plan their town centres and join up planning and licensing
decisions. The evidence is clear that a well planned town centre
with mixed use and broad range of premises and customers goes
a long way to reducing crime and disorder. Traditional flash points
such as take away food outlets and taxis are better able to meet
demand that is levelled out across the evening. The presence of
a wide range of ages, including mature individuals, has a positive
effect in helping to prevent alcohol fuelled ghetto's populated
by young people bent on getting drunk. In many ways some town
and city centres are caught in a vicious circle as more alcohol
led premises pull in a younger drinking crowd, this drives out
mature customers and consequently businesses, allowing more alcohol
driven premises to pull in yet more young drinkers. And the cycle
continues.
CONCLUSION
The current economic climate together with wider
challenges to the "On" trade brought about by such things
as the smoking ban and ever cheaper "off" sales is having
a profound effect on the licensing trade. With pubs closing daily,
volumes reducing and customers going out later and spending less
at "On" premises, efforts to maintain profits inevitably
lead to standards falling. Premises attempt to reduce their outgoings
while at the same time maximise income through tactics such as
drinks and pricing promotions.
It is no co-incidence that evidence of an increase
of promotions such as "all you can drink" for a fixed
amount are again on the increase. These irresponsible practices
drive up alcohol related crime and disorder. At a strategic level
ACPO continues to work with partners in Government, in Health
and Education and with the trade representatives in order to develop
and implement strategies to deliver the long term cultural and
behavioural changes necessary to drive down alcohol related crime
and disorder.
October 2008
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