Police Reform and Social Responsibility Bill becomes law

Updated September 2011

Last week the Police Reform and Social Responsibility Bill gained Royal Ascent.

This means that it is now law and although a commencement date is awaited, and therefore it does not have effect today, it is reasonable to presume that it will be introduced shortly.

The Bill covers five distinctive policy areas:

• police accountability;
• regulation of protests around Parliament Square;
• misuse of drugs;
• arrest warrants; and
• alcohol licensing.

The alcohol licensing element appears not to have been substantially amended, either at the various Committee stages or by the House of Lords and is very much as per the original draft Bill. That was modelled on the Re-balancing of the Licensing Act that the Government committed to last year.

The key elements will be the following:

• Licensing Authorities will now be deemed Responsible Authorities, with the ability to serve representations and to call reviews.
• The necessity test, where decisions and conditions must be necessary to promote the licensing objectives, will be replaced by an "appropriate" requirement.
• Early Morning Restriction Orders, prohibiting the sale of alcohol late at night, may now be introduced by Licensing Authorities.
• The late night levy, a local fee, can also be introduced, on premises where the permissions permit trade after midnight.
• Temporary Event Notice procedures will be amended to provide longer notice periods and to ensure Environmental Health Officers have the opportunity to object.
• Premises convicted of persistently selling alcohol to minors, twice in three months, will face larger fines and the likelihood of revocation following review.

Not all of the changes are contained within the Act itself. A number of points will be introduced by revisions to the national Guidance, most obviously the Governments stated intention of obliging Licensing committees to prefer the Police's evidence to Premises Licence holders (and others), as well as giving greater encouragement to Local Authorities to introduce Cumulative Impact Policies, and presumably refuse applications.

Whether this will be in effect before Christmas would seem unlikely but the position is by no means certain. What does seem clear is that more representations will be received, more objections maintained, more hearings will be necessary, more refusals (and more reviews) likely.

We hope to have further updates as the Government timetable becomes clear. If you have any questions then please do not hesitate to contact Matthew Phipps.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at September 2011. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.

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