Irresponsible Drinks Promotion Prosecution - Breaking new ground?

John Gaunt & Partners have recently been involved in a possible landmark case before Magistrates in Surrey to defend a prosecution, instigated by a local Licensing Authority, alleging an irresponsible drinks promotion. 

This is amongst the first prosecutions to be attempted in these terms since the introduction of the new mandatory conditions. 

Working with Sarah Clover of No 5 Chambers, JG&P solicitor Christopher Grunert was delighted to see the successful outcome to the case with charges against his clients being dismissed and costs awarded.  As well as debate of what constitutes an irresponsible promotion, the case included significant arguments over the apparent misuse by council officers of their powers of surveillance and an apparent failure to follow procedures laid down in the Regulation of Investigatory Powers Act 2000, which in our view was fatal to the prosecution.,.

Senior Partner John Gaunt commented:

“We were very pleased to have been involved in this case on behalf of a local operator and of having been able to ‘put a marker in the sand’ as to how such enforcement operations should properly be conducted if they are to stand any proper chance of success and not fail at the first hurdle”.

If you are confronting a similar prosecution and would like further detail of the applicable law, please do not hesitate to get in touch.