HC Deb 02 March 2004 vol 418 cc842-3W
James Purnell

To ask the Secretary of State for Culture, Media and Sport (1) what plans she has to tackle anti-social behaviour near premises with licences to sell alcohol; [157760]

(2) what discussions she has had with local councils on increasing the responsibility of landlords with alcohol licences for excessive consumption of alcohol and associated public disorder problems; [157761]

(3) what plans she has to attach conditions to licences for (a) public houses and (b) other drinking establishments. [157762]

Mr. Caborn

The responsibility for attaching conditions to liquor licences under current law rests with the licensing justices. Under the Licensing Act 2003, which received Royal Assent on 10 July 2003, this responsibility will be transferred to licensing authorities which, in the main, are local authorities. There are two mandatory conditions in the 2003 Act, which will be attached in all cases where a premises licence authorises the supply of alcohol. The first is that no supply of alcohol may be made at a time when there is no designated premises supervisor in respect of the premises or at a time when the premises supervisor does not hold a personal licence or it is suspended. The second is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

The 2003 Act provides further mechanisms to promote the prevention of nuisance and crime and disorder. The Act introduces the review of licences. Interested parties and responsible authorities will be able to request that a review of a premises licence occurs on a ground which is relevant to one or more of the licensing objectives (the prevention of crime and disorder, the prevention of public nuisance, the protection of children from harm and public safety). The review may lead to modifications of the conditions on the licence, the exclusion of certain licensable activities from the licence, the removal of the premises supervisor, or the suspension or revocation of the licence.

In addition, the 2003 Act provides powers for a magistrates court in a particular area to make an order requiring premises at or near a place of disorder, or expected disorder, to be closed for a period not exceeding 24 hours.

In addition a particular premises may be closed if a senior police officer reasonably believes there is, or is likely imminently to be, disorder on, or in the vicinity, of the premises and the closure is necessary for public safety, or alternatively if a public nuisance is being caused by noise coming from the premises and closure is necessary to prevent the nuisance. These closure orders can be for up to 24 hours and may be extended in certain situations. These powers will also be applicable to temporary events held under temporary event notices.

In addition to these provisions, the 2003 Act contains offences such as the sale of alcohol to a person who is drunk or obtaining alcohol for a person who is drunk. Before the licensing Bill was introduced, during its passage through Parliament and since Royal Assent, we have engaged in extensive and detailed consultation with the Local Government Association, the Association of London Government and the Local Authorities Co-ordinators of Regulatory Services about the provisions of the new legislation and its implementation.