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Post-Legislative Scrutiny of the Licensing Act 2003 Memorandum to the House of Lords Select Committee Post-Legislative Scrutiny of the Licensing Act 2003 Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty June 2016 Cm 9278 Memorandum to the House of Lords Select Committee Post-Legislative Scrutiny of the Licensing Act 2003 Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty June 2016 Cm 9278 © Crown copyright 2016 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open­ government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at: Drugs and Alcohol Unit Fry Building Home Office 2 Marsham Street London SW1P 4DF [email protected] Print ISBN 9781474134712 Web ISBN 9781474134729 ID 20061601 06/16 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office MEMORANDUM TO THE HOUSE OF LORDS SELECT COMMITTEE ON THE POST-LEGISLATIVE SCRUTINY OF THE LICENSING ACT 2003 Contents 1. Introduction and Overall Approach ............................................................................ 4 2. Key Objectives ............................................................................................................. 5 3. Implementation .......................................................................................................... 12 4. Secondary Legislation ............................................................................................... 21 5. Legal Issues with the Licensing Act 2003 ................................................................ 29 6. Previous Reviews of the Licensing Act 2003 ........................................................... 31 Introduction ..................................................................................................................... 31 Government publications ................................................................................................. 31 Non-government national level reviews ........................................................................... 36 Non-government local or regional reviews ....................................................................... 39 7. Assessment of the Licensing Act 2003 .................................................................... 43 Background ..................................................................................................................... 43 The LA2003 in Practice ................................................................................................... 43 Part One – Licensable Activities ................................................................................... 43 Part Two – Licensing Authorities .................................................................................. 45 Part Three – Premises Licences .................................................................................. 46 Part Four – Clubs ......................................................................................................... 47 Part Five – Permitted Temporary Activities .................................................................. 48 Part Six – Personal Licences ....................................................................................... 50 Part Seven – Offences ................................................................................................. 50 Part Eight – Closure of Premises ................................................................................. 52 Part Nine – Miscellaneous ........................................................................................... 52 Schedule One – Regulated Entertainment ................................................................... 55 Schedule Two – Provision of Late Night Refreshment.................................................. 57 Broad Analytical Picture .................................................................................................. 58 Consumption and availability ........................................................................................... 59 Crime, disorder, and other harms .................................................................................... 65 Enforcement .................................................................................................................... 74 Summary and Conclusions .............................................................................................. 75 Annex A – Statistics and Sources ................................................................................... 76 Annex B – Response to the recommendations from the Culture, Media and Sport Select Committee’s report The Licensing Act 2003 (HC 492) ........................................ 86 1 Figures Figure 1: Proportion and frequency of people aged 16 or over who drank alcohol in the last week, Great Britain, 2005 to 2014 ....................................................................................... 59 Figure 2: Amount of alcohol drank by people aged 16 or over on heaviest drinking day in the last week, Great Britain, 2005 to 2014 ................................................................................ 60 Figure 3: Total volume and per adult levels of pure alcohol clearances, UK, 1992/93 to 2012/13 ............................................................................................................................... 60 Figure 4: Proportion of people aged 16 years or over who had visited a pub or bar in the month prior to interview, England and Wales, 2001/02 to 2014/15 CSEW .......................... 61 Figure 5: Number of licences, England and Wales, 2007 to 2014 ....................................... 62 Figure 6: Number of regulated entertainment licences, England and Wales, 2007 to 2014 . 63 Figure 7: Number of 24-hour alcohol licences by type of premises, England and Wales, 2007 to 2014 ................................................................................................................................ 64 Figure 8: Number of premises licences with late night refreshment, England and Wales, 2012 to 2014 ....................................................................................................................... 64 Figure 9: Number and proportion of CSEW violent incidents where the offender(s) was believed to be under the influence of alcohol, England and Wales, 1995 to 2014/15 .......... 65 Figure 10: Proportion of CSEW violent incidents where the offender(s) was believed to be under the influence of alcohol by time, England and Wales, 2002/03 to 2014/15 CSEW ..... 66 Figure 11: Number of CSEW criminal damage incidents, England and Wales, 1995 to 2014/15 CSEW ................................................................................................................... 66 Figure 12: Trend in CSEW anti-social behaviour indicators, England and Wales, 2001/02 to 2014/15 ............................................................................................................................... 67 Figure 13: Trends in CSEW violence and violent incident A&E admissions, England and Wales, 2002 to 2015 ........................................................................................................... 68 Figure 14: Proportion of alcohol-related ambulance call-outs, London, 2004/05 to 2014/15 68 Figure 15: Proportion of people aged 16 or over who had visited a pub or bar in the month prior to interview who felt unsafe, England and Wales, 2005/06 to 2014/15 CSEW ............ 69 Figure 16: Estimated number of reported drink drive accidents, Great Britain, 2000 to 2014 ........................................................................................................................................... 69 Figure 17: Number of breath tests and number positive or refused, England and Wales, 2002 to 2014 ................................................................................................................................ 70 Figure 18: Number of penalty notices for disorder issued for drunk and disorderly behaviour, England and Wales, 2005 to 2015 ...................................................................................... 70 Figure 19: Number of defendants and number of offenders convicted for the summary offence of drunkenness, with aggravation - disorderly in a public place, England and Wales, 2005 to 2015 ....................................................................................................................... 71 Figure 20: Number of penalty notices for disorder issued for sales of alcohol to a person under 18, England and Wales, 2005 to 2015 ...................................................................... 72 Figure 21: Number of defendants and number of offenders convicted for the summary offence of sales of alcohol to a person under 18, England and Wales, 2005 to 2015 .......... 73 Figure 22: Number of alcohol-related NHS hospital admissions, England, 2004/05 to 2013/14 ..............................................................................................................................
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