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New Mandatory Licensing Conditions - Guidance and Good Practice

Yesterday as the worst kept secret in politics was announced (the General Election), the Home Office quietly issued “Guidance” and “Good Practice” documents to support the new Mandatory Conditions. 

Below are links to these documents.

These will not be published on the Home Office Website for the foreseeable future as due to the Election we are now in Purdah (pre-election period).  However to assist we attach a link to both documents.

What is clear is that they appear to pose more questions than they answer.  The Guidance refers to the “first 5” of a possible 9 Mandatory Conditions, 3 of which are now in force and 2 of which will come into force on 1st October 2010.

These conditions are / will be imposed on all on-trade licences, breaching the same may lead to prosecutions resulting in a fine of up to £20,000 and / or 6 months in prison upon conviction and your licence being reviewed; the Guidance reminds us of this on page 2 and so you would hope and expect clarification to avoid the potential consequences of breach.

You may be disappointed!

Of the 5 conditions perhaps the most significant condition relates to “irresponsible drinks promotions”.  The Guidance provides 5 examples of excluded promotions including “all you can drink” but quickly reminds readers this is not an exhaustive list.  

When considering the wording of the condition itself however it is not “promotion” which is unlawful but the potential outcome: a promotion 

“carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children”.  

This highlights a notable issue with this condition.  A premises operating in a responsible manner, “promoting the licensing objectives”, will not be breaching this conditions (irrespective of the drinks promotion on offer).  Premises have from day one been aware that undermining the licensing objectives would lead to review and this new condition does not change this at all.  The only major development is the introduction of the criminal penalty for such matters in all on-trade cases.  

We can see, regrettably, ill conceived reviews and prosecutions will follow and that this guidance will be of little help in interpreting these conditions.  However if considering promotions care and specific advice needs to be taken otherwise prosecutions may follow.  You have been warned!

Please click links below to view:

• Guidance
• Best Practice

Tim Shield