Subscribe

Power of the Health Authority

In our article ‘New Developments – Significant Changes to the Law’, we highlighted the amendments made to the Licensing Act 2003 on the 25^th April 2012.  One change was the inclusion of Health Bodies as Responsible Authorities. 

We are now starting to see that Health Authorities are prepared to engage in the Licensing process, from querying where smokers will be accommodated in the external areas of the premises to looking into lodging a representation against a supermarkets. 

We are aware that Sainsbury’s made application for a new supermarket in Carlisle and the Health Authority raised with the Licensing Authority the possibility of lodging a representation requesting the introduction of alcohol only tills.  Dr Calvert, NHS Cumbria’s Associate Director of Public Health, stated:

“Our view is that there has been a big change in the way alcohol is sold. In the past it was all about Pubs and Off Licences, now the bulk of it is sold through Supermarkets for consumption at home. It has become normalised.

When you are out shopping you can find yourself walking down the wine aisle and buying it on impulse.  In much the same way as cigarettes, we think it would be an idea to separate it”.

No representation was formally served and the Licence has been granted. However, similar views will no doubt be expressed by Health Bodies going forward and it will be interesting on the facts of each case to see how they can be argued to fall within the four licensing objectives, which in England and Wales does not include the promotion of public health.