Licensing Act 2003 Licence Update

AGENDA ITEM 4 Information Update

13 December 2010

1. Enterprise Inns Fined £300,000 Over Landlord's Death

A pub chain which failed to carry out gas safety checks at more than 400 of its premises put hundreds of lives at risk, the Health and Safety Executive (HSE) has said. Enterprise Inns plc was fined £300,000 by Liverpool Crown Court after one of its landlords died of carbon monoxide poisoning. The pub chain said it now worked closely with the HSE.

Fining the West Midlands-based company, which was also ordered to pay £19,000 costs, the judge said the death was wholly unnecessary.

'Deadly Heater'

The landlord was found unconscious by a cleaner just after noon on 12 November 2007; he had turned on a gas fire 10 hours earlier before falling asleep.

Enterprise Inns was prosecuted after the HSE investigation found the fire may not have been serviced since 1979 and the chimney was completely blocked.

The company, which owns approximately 7,700 pubs across the UK and has an annual turnover of £818m, admitted breaching the Health and Safety at Work Act. Liverpool Crown Court heard Enterprise Inns should have ensured gas safety inspections were carried out at 868 of its pubs at least every 12 months, but only 394 had valid certificates. The gas heater that caused the death should have been checked before he took over the tenancy.

HSE investigator Iain Evans said: "It is shocking that a major pub chain failed to ensure regular gas safety checks were carried out at more than 400 of its properties. As a result, one man has been killed and hundreds of other lives have been put at risk”.

Poison levels

Tests carried out on the gas fire showed that the workplace limit for exposure to carbon monoxide would have been exceeded within five minutes of it being turned on, and would have reached a level known to be fatal within an hour.

1 "This person’s life could have been saved if Enterprise Inns had continued to obey the written warning it received about gas safety six years earlier, instead of falling back into old habits."

Enterprise Inns apologised to the victim’s family and friends, adding: "Since 2007, working closely with the HSE, Enterprise has done everything possible to ensure nothing like this can ever happen again."

2. Fine for Taxi-boss in Gaming Machines Case

The proprietor of a Hull taxi firm has been fined a total of £1,797 after being successfully prosecuted for two offences under the Gambling Act 2005.

David Smith, from Hedon, the proprietor of ‘Six 0 Cars’, unlawfully kept two gaming machines in a private rest area for taxi drivers at the ‘Six O Cars’ office in Oslo Road.

Under changes brought in by the Gambling Act 2005 in July 2009, gaming machines are no longer permitted in general, non-gambling premises such as fish and chip shops, cafes, takeaway premises and mini-cab offices.

Appearing at Hull Magistrates Court on 3 September 2010, he was fined £400 under Section 37 (making facilities available for gambling) and £400 under another section 242 (making gaming machines available for use on an unlicensed premises).

He was also ordered to pay costs of £982 and a victim surcharge of £15. The two gaming machines and their cash contents were also forfeited.

Keith Fenner, Senior Licensing Officer with Hull Citysafe, said:

"We have a duty to enforce the gambling laws that are in place for the control of gambling to protect the wider public. I hope this case serves as a warning to others who have jackpot gaming machines on their premises to make sure they comply fully with the requirements of the law."

Tim Bright, The Gambling Commission's local Compliance Manager for the area, said:

"We support Hull City Council's action as part of our role in keeping gambling fair and safe. Cases like this complement our nationwide drive to tackle the significant criminal enterprises who supply unlicensed gaming machines to small businesses such as taxi offices and takeaways."

2 3. 'Tipsy' Alcohol Gene 'Could Help Curb Alcoholism'

Experts say they have found a "tipsy" gene that explains why some people feel alcohol's effects quicker than others.

The US researchers believe 10% to 20% of people have a version of the gene that may offer some protection against alcoholism. That is because people who react strongly to alcohol are less likely to become addicted, studies show. The University of North Carolina said the study aims to help fight addiction, not pave the way for a cheap night out.

Ultimately, people could be given CYP2E1-like drugs to make them more sensitive to alcohol, not to get them drunk more quickly, but to put them off drinking to inebriation, the Alcoholism: Clinical and Experimental Research journal reported.

Lead researcher Professor Kirk Wilhelmsen said: "Obviously we are a long way off having a treatment, but the gene we have found tells us a lot about how alcohol affects the brain. Most of the alcohol people consume is broken down in the liver, but some is metabolised in the brain by an enzyme which the CYP2E1 gene provides coded instructions for. People who have the "tipsy" version of CYP2E1 break down alcohol more readily, which explains why they feel the effects of alcohol much quicker than others.”

The researchers made their discovery by studying more than 200 pairs of students who were siblings and who had one alcohol-dependent parent but who did not have a drink problem themselves. They gave the students a mixture of grain alcohol and soda that was equivalent to about three average alcoholic drinks. At regular intervals the students were then asked whether they felt drunk, sober, sleepy or awake.

The researchers then compared the findings with gene test results from the students. This revealed that CYP2E1 on chromosome 10 appears to dictate whether a person can hold their drink better than others. Professor Wilhelmsen says more research is now needed to see if the findings could be used to make new treatments to tackle alcohol addiction. "Alcoholism is a very complex disease, and there are lots of complicated reasons why people drink. This may be just one of the reasons." he added.

Don Shenker, of the charity, Alcohol Concern, said that, in most cases, alcohol abuse stemmed from social problems, with alcohol used as a prop.

Professor Colin Drummond, an expert in addiction at London's Institute of Psychiatry, said it was likely to be combination of genes and environment. "It is well recognised that alcohol dependence runs in families," he said, “research suggests having an alcoholic parent quadruples a person's risk of developing a drinking problem”.

3 4. ‘Disgusting and Vile’ Film Can be Shown in Bournemouth

A controversial horror film that includes scenes of paedophilia and rape can be shown in Bournemouth if it gains an 18 certificate, despite one Councillor labelling it “disgusting and vile.”

The town’s Licensing Committee agreed they would not ban a Serbian Film from the forthcoming British Horror Film Festival at the Pier Theatre if it was classified by the British Board of Film Classification (BBFC).

But the BBFC will not issue the film with a certificate unless almost four minutes of footage is cut from it first, something the distributor has not yet done.

The film is about a porn star coerced into taking part in acts including necrophilia and child rape. Its director has called it a “diary of our own molestation by the Serbian Government”.

But Councillor David Kelsey, Vice-Chairman of the Licensing Committee, said he would still be uncomfortable with the film being shown, even after the cuts. “I downloaded it last night and I would not recommend it to a member of my family.” he told the Meeting. “It’s the most disgusting, vile thing I’ve ever sat down and watched. It was absolutely unbelievable. I think cutting five minutes from it would not be enough. Even that would leave a lot of scenes that I would not want to see in a public cinema. I just find it amazing what people can actually get away with in the cause of art nowadays, to me that’s just not art.”

Chairman of the Licensing Committee, Councillor Andrew Morgan suggested they write to Pier Theatre Manager, Ian Goode, to inform him Councillors would not be happy with the unclassified version of the film being shown.

He also recommended the Council take Mr Goode up on his offer to vary the Pier Theatre’s Licence to specifically prevent unclassified films from being shown there. “We’re not stepping into the shoes of the BBFC, if they want to show a classified film it’s not our role to stop it.” he said.

Stuart Brennan, Director of the British Horror Film Festival, said it was up to the Film Company and distribution company to decide whether they wanted to make the cuts required to gain an 18 certificate. “If there is a copy of the film that we can show by the time the festival goes ahead then we will show the cut version.” he said. But he questioned Councillor Kelsey’s assertion that the film was disgusting and vile. “There is not an official version online.” he said. “I’m gobsmacked that he has downloaded an illegal copy and watched it.”

4 5. Bournemouth's Excess Drinking is "Scary" Says Health Expert

A health expert has admitted that the scale of problems caused by excess drinking in Bournemouth is “scary” after a new report classed alcohol as the most dangerous drug in the UK.

Lindley Owen, Consultant in Public Health at NHS Bournemouth and Poole, said the town ranked among the worst local authority areas in the country for alcohol-related months of life lost, death rates from liver disease, crime and sexual offences.

The report, published yesterday in the Lancet Medical Journal, looked at the harm that drink and drugs can do to users and other people. Alcohol scored 72 out of 100, compared with 55 for heroin and 54 for crack cocaine.

The study, by the Independent Scientific Committee on Drugs, was led by Professor David Nutt, who was sacked as Chairman of the Government’s Advisory Council on the Misuse of Drugs last year for challenging the current system of classifying drugs.

He is now calling for action to target the low cost and promotion of alcohol.

Mr Owen blamed much of Bournemouth’s alcohol problems on the large number of bars in the town. “Forty thousand people can be accommodated drinking at any one time.” he said. “It’s led to higher rates of alcohol-specific mortality in women and men and high rates of chronic liver disease and alcohol-specific hospital admissions in men.”

Mr Owen said the boss of a leading drinks firm had admitted in a weekend radio interview to targeting young people in advertising and marketing so they would develop a habit of drinking spirits in their twenties. And he claimed that even supermarkets were “embarrassed” by the pile it high, sell it cheap approach to selling booze. “Alcohol consumption is highly susceptible to price. In Scotland they are on the verge of introducing a minimum price per unit. Minimum pricing is part of a range of measures that are needed to make people drink in moderation.”

Chief Inspector Pete Windle of Bournemouth and Poole Police said just over a third of violent crime was alcohol-related. “Alcohol is a form of drug that can have devastating effects on people’s lives, whether it is as a reason for breaking the law, or as a result of being a victim.” he said.

5 6. Too Much Sex in the City, Say London's Councils

A battle is being declared on London's strip clubs, with many Council Leaders insisting that no more should be allowed to open.

Since the start of the century, London's adult entertainment industry has been booming. The number of lap-dancing clubs in the UK has doubled to more than 300 since 2004, according to Home Office figures, with nearly a quarter of these clubs in the capital.

Until earlier this year, strip clubs did not need to apply for a specific Sex Establishment Licence, making it difficult for Councils to prevent new ones opening. But in April, new powers were granted to local authorities in England and Wales to licence strip clubs as sex venues and many London Councils are planning to take advantage of the change in law to stop any new strip joints opening.

Of 32 London Councils, 10 said they were currently reviewing their policy on strip clubs. A further eight are proposing a "nil" policy to the public, which would mean that no Licence would normally be granted to new venues.

Conservative-led Hammersmith and Fulham, in West London, is one of the first Councils in London to adopt the nil policy, following public consultation. "We want to make sure that no more Sex Establishments can open in the Borough," said Tory Councillor Greg Smith. "Residents have told us they do not want them to open in inappropriate places."

Meanwhile, along with neighbouring north London Boroughs of Hackney and Camden, Labour-run Islington Council is consulting its residents on the nil policy. "We're on the side of residents and don't want endless sleaze swamping our communities." said Labour Councillor Paul Smith. "We think there are enough so-called sex encounter venues in Islington. We don't need any more."

Chris Knight, Vice-Chairman of the Lap Dancing Association, thinks "it is possible for towns and cities to reach saturation point for this type of club". But he added: "It is important not to penalise any business that are out there.”Some 30,000 young women work in our industry and contribute billions to the economy."

Feminist journalist Laurie Penny believes that more fundamental issues need to be addressed in the sex industry and banning lap-dancing clubs will not resolve these. "We're not going bring down the patriarchy just by preventing new lap-dancing clubs." she said. "Even in the legal clubs, women are subjected to ridiculously exploitative working practices and are in great danger.”Rather than just banning them, there should be a proper investigation into the working practices that take place there." she suggested.

6 Westminster, in Central London, which contains 27 venues licensed to put on strip shows, is one Borough that has no plans to change its licensing policy. "Our focus is cracking down on illegal sex establishments." says Conservative-run Westminster's Head of Licensing Andy Ralph. "We're working with police and landlords to achieve this."

Peter Stringfellow, who owns two table-dancing clubs in Westminster said Councils who were proposing the nil policy, were in "panic-mode". "If the Councils are on some sort of moral crusade to close their Boroughs entirely to this kind of entertainment, it is wrong," he said. "A well-run nightclub that offers striptease is a very good business for anybody's Borough."

He thinks that strip clubs can be far better for an area than other types of nightclub. "We have no loud music, no kids fighting outside and no drugs," he said. Mr Stringfellow said that if Councils adopted a nil policy on strip clubs, illegal nightclubs would open instead. "The minute you ban it, it goes underground," he said."If a club is illegal, the owners are not going to care about safety."Illegal strip clubs would mean dancers would be in great danger."

7. Acting Drunk

There have been recent news reports about Police in North Wales sending actors in to licensed premises pretending to be drunk. The actors wore stained clothes and were told not only to act as if they were drunk, but also to make it clear to bar staff that they were drunk, by actually saying so! It seems that 42 out of 49 premises actually served these individuals.

Under the Licensing Act 2003 it is an offence to sell alcohol to someone who is drunk and the definition of drunkenness has always been a difficult issue. Case law suggests that someone is drunk if their faculties are impaired beyond what they would normally be, which could apply to anybody who has had even a couple of drinks. That would mean that every licensed premise in the country would be committing an offence on a daily basis.

Fortunately, the legislation has been used sensibly up until now by the Police and I have only ever heard of cases being pursued when the drunks in question were very drunk indeed!

One can only assume that this tactic involving actors is simply a precursor to intelligence led enforcement. By that, I mean that Officers would undoubtedly carry out observations in premises where the actors have previously been served. I cannot see how they could prosecute anyone for actually serving the actors given that they weren't actually drunk. They might, I suppose, throw the evidence from the operation into the mix on a Review that they were instigating anyway but I would be surprised if they pursued one on that evidence alone as technically it discloses no wrong doing.

7 The Police appear to have confirmed that there will be more operations of a similar nature in the future.

Frank Wenzel Principal Licensing Officer, Environmental and Consumer Protection Services

Telephone: 01202 261782 Email: [email protected]