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Tough new powers and mandatory code to tackle irresponsible alcohol sales
A ban on irresponsible drinks promotions including "all you can drink for £10", speed drinking competitions and "dentist's chairs" - pouring alcohol directly into people's mouths - are among the conditions of a proposed new mandatory code on alcohol sales launched for consultation by Home Secretary Jacqui Smith today.
The proposed mandatory code of practice for pubs, clubs, off-licences and supermarkets is the latest step in the Government's plans to tackle alcohol-related crime and disorder and harm to health which costs the UK up to £13 billion every year.
The proposals take a two-tiered approach with a small number of mandatory conditions for all alcohol retailers, which will ensure consistent good practice alongside new discretionary powers for local authorities to tackle problem premises where irresponsible drinking could put individuals at risk and lead to crime and anti-social behaviour.
Any premises that breach the mandatory code or local discretionary conditions that have been imposed will face a range of possible sanctions including losing their licence, having additional tough conditions imposed on their licence or, on summary conviction, a maximum £20,000 fine and/or six months imprisonment.
The proposed mandatory code of practice includes;
* banning
promotions such as "all you can drink for £10", speed
drinking competitions and "dentist's chairs" where
alcohol is dispensed directly into the mouth of any customer.
These promotions encourage people to drink quickly or
irresponsibly, can lead to crime or antisocial behaviour and make
it impossible for people to keep track of the units consumed;
* ensuring all bars, pubs and clubs offer alcohol in both measures so customers have the choice between a single or double measure of spirits and a large or small glass of wine; and
* requiring alcohol retailers to display information about the alcohol unit content of drinks and for supermarkets and convenience stores, the health impacts of alcohol under powers from the Food Safety Act. This allows customers to make an informed decision about how much they drink and the effects on their own health.
Home Secretary Jacqui Smith said:
"Alcohol-related crime
and disorder costs the UK billions every year in police and
hospital resources, not to mention the effect it has on the lives
of the millions of decent people who want to enjoy a night out.
"We do not want to stop the vast majority of people who enjoy a drink responsibly from doing so but this code will crack down on the minority of businesses whose irresponsible promotions fuel the excessive drinking that can lead people into crime and disorder or to risk their own or other's safety. It is not about penalising the majority who trade responsibly but the Government has a duty to tackle this issue which affects us all.
"We have consulted with the alcohol industry to ensure the conditions in the proposed code target the irresponsible practices that most people agree should not be allowed."
Secretary of State for Health, Alan Johnson said:
"The
alcohol industry has a responsibility to help reduce harm from
alcohol. This code will give them the framework in which to live
up to that responsibility.
"People must also be able to make informed choices about their drinking habits. Our Units campaign is already giving the facts about alcohol units. Today's proposals would see all alcohol retailers reinforcing this with information for their customers on the number of units in their drinks and the health risks of drinking too much."
Alcohol Concern Chief Executive Don Shenker said:
"A mandatory code is a necessary step in the right direction towards cutting crime and health problems caused by alcohol.
"These measures are long overdue - for too long, the industry has failed to regulate itself. This new code will help people make healthy choices while further protecting communities from crime."
As well as the mandatory conditions there are also a flexible secondary set of conditions that can be imposed by licensing authorities on two or more premises in one area where they are clearly associated with alcohol-related nuisance and disorder.
These conditions will enable local councils to take tough action in areas experiencing particularly high levels of alcohol-related disorder by imposing strict conditions to stop irresponsible promotions or practices and to ensure that premises are responsibly run.
Additional conditions for alcohol crime hotspots include;
*
restricting happy hours or "pub crawl" promotions at
particular times most associated with alcohol-related crime and disorder;
* banning irresponsible bulk buy promotions where for example a consumer must buy more than one 24 pack of lager to obtain a discount to reduce the risk or people drinking excessive amounts of alcohol at home then going out already drunk and causing crime and disorder;
* requiring staff to operate a Challenge 21 policy where anyone who may look under 21 must produce proof of age to buy alcohol;
* requiring licensed door staff to conduct checks for weapons and drugs at times most associated with alcohol-related crime and disorder;
* banning glass containers or ensuring glasses are collected at regular intervals to reduce the risk of violent incidents;
* ensuring that CCTV is in operation at times most associated with alcohol-related crime and disorder; and
* display information on the location of public transport links and taxi numbers to help people get home safely.
The Government has decided not to proceed with any national or
local measures around minimum unit price as it would punish
unfairly the sensible majority of moderate and responsible
drinkers. However the consultation commits to developing further
the evidence base in this area.
In addition the consultation
asks for views on whether banning retailers from selling alcohol
at prices below the level of excise duty paid, plus the VAT due,
would further the Government's objectives in tackling
alcohol-related harms in a way that does not unduly affect the
majority of responsible drinkers and retailers.
Mike Craik, Association of Chief Police Officers (ACPO) national
spokesperson for Alcohol Licensing, said:
"Alcohol misuse
impacts on every area of society. But long term sustainable
reductions in alcohol misuse can only be delivered by influencing
attitudes and behaviour. ACPO welcomes the announcement of the
Governments' consultation today around a mandatory code of
conduct for the licensing industry and looks forward to working
with Government and industry to develop detailed proposals to
address what is a significant issue for our society. We want to
see an end to promotions that lead to alcohol-fuelled violence.
"Tackling those retailers who continue to trade without considering the effect of their actions on communities is a step in the right direction. However, just as not all people who drink do so irresponsibly, not all retailers trade irresponsibly and putting an end to irresponsible drinks promotion is not the only solution.
"We need cultural change, properly planned town centres, appropriate licensing decisions, courts handing down appropriate sentences and of course, continued enforcement activity targeted at problem premises and problem individuals."
The consultation invites views from members of the public as well as businesses, industry groups and interested organisations. It will run for 12 weeks and responses will be used to inform and develop the final set of conditions.
In deciding when to implement the Code, we will take full account of the views of the pub and drinks trade and the economic conditions affecting the industry at present. The Government will pay particular attention to minimising the impact on the great majority of responsible pubs, clubs and retailers and giving them enough time to adapt to mandatory provisions in the Code.
To request a copy of the consultation visit the Home Office website on http://www.homeoffice.gsi.gov.uk.
NOTES TO EDITORS
1. The Government announced its intention to
create a mandatory code in December 2008, to target irresponsible
promotions in pubs, clubs and off-trade premises that could lead
to alcohol-related crime and disorder. This followed a survey in
January 2008 which found a significant level of irresponsible and
harmful practice along with limited evidence that current social
responsibility standards are consistently applied or effective in
promoting good practice. In July 2008 the Government undertook a
public consultation on a mandatory code. Over 90 per cent of
approximately 2,000 respondents supported a mandatory code.
2. As the Government's recent consultation paper, 'Together we can end violence against women and girls' explained women are often disproportionately more concerned about their safety at night, so through that consultation we made a commitment to continue discussions with the police, local authorities and alcohol industry trade associations to encourage pubs and clubs to improve women's safety in and around licensed premises. Such measures will equally apply to men who want to ensure they can return home safely after a night out.
3. Problems associated with excessive alcohol consumption include;
* £8billion to £13billion cost of alcohol-related crime and disorder per year, according to government research;
* nearly half of all violent crime occurs between Friday evening and Monday morning according to the British Crime Survey (BCS);
* a fifth of all violent crime occurs in and around licensed premises according to the 2006/2007 BCS;
* between 2001 and 2008 the BCS has shown violent crime falling but the proportion of alcohol-related violent crime remains static;
* 87,000 violent incidents involving glasses or bottles, according to the BCS 2007/08;
* 70% of weekend A&E attendances between midnight and 5am may be alcohol related; and
* 10 million people regularly exceed the daily guidelines recommended by the government. An significant factor here is poor awareness of the units in alcoholic drinks. In 2007/8 there were 863,257 hospital admissions attributable to alcohol;
4. Since the publication of the National Alcohol Strategy in 2007 a number of initiatives have been implemented. These include;
* enforcement campaigns to tackle under-age sales and selling to drunks including £3 million of alcohol-related partnership activity funding given to 198 areas;
* a £1.5 million enforcement campaign to tackle alcohol-related crime and disorder in the top 50 priority areas;
* a Youth Alcohol Action Plan setting out how the government will tackle underage drinking; and
* £10 million 'Know Your Limits' campaign encouraging personal responsibility for drinking behaviour and to educate the public about the units in alcoholic drinks.
4. Responses can be made, the consultation document can be downloaded and people can take part in the online survey at: http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/
5. To build on the research already done by Sheffield University1 the Department of Health will commission independent advice to work to fill key evidence gaps, for example, on the impact of any legislative interventions on price for industry; regional variations in the impact of price changes; and the effect on particular social groups. This will be with a view to identifying concrete proposals for action, which reduce irresponsible, harmful and/or binge drinking without impacting unduly on the majority of responsible drinkers.
6. This consultation includes proposals for statutory requirements under the Food Safety Act 1990 for alcohol unit and health information to be displayed for customers. Unlike the proposed licensing conditions, the relevant Food Safety Act powers rest with the Welsh Ministers (so far as exercisable in relation to Wales) who are considering the position in relation to Wales. The Welsh Assembly Government supports the principle of providing better information to consumers about the alcohol unit content of drinks and the health risks of excessive drinking and likewise welcomes consultation responses.
7. With one exception this consultation applies to England and Wales. The consultation invites views on whether there should be a change to Weights and Measures legislation which also applies in Scotland, so that the smallest standard measure for spirits in England, Wales and Scotland would be the same in all on-trade premises - currently licensees can choose whether to serve single spirits in 25ml or 35ml standard measures (but not both). We are interested in views and evidence in relation to England, Wales and Scotland on this issue.
8. For more information ring Home Office press office on 020 7035 3849.
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