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Licensing law updates

Police Clamping down on licensees

The Licensing Act 2003 gives local councils extensive powers to supervise licensees including the power to revoke licences. Government has actively encouraged the police to check that licensees are complying with the law especially with regard to sales of alcohol to persons under 18 years of age.

Nationally, police forces are carrying out test purchases and many licensees are being caught selling to people under 18 years of age. One example of this is the campaign being carried on by Nottinghamshire police.

Example:  Police target a city centre street and carry out test purchases in 23 pubs. In 16 of them a 16 year old girl is served with alcohol. The licensees involved will be interviewed by the police with a view to further action being taken which could include cautions or even prosecution. Additionally the police could take the licensees before the local council licensing panel to review their licences. The council on the review could revoke the licence, suspend it for a period, alter the licensable activities permitted by it or add or alter the conditions on the licence.

Licensees in this position should seek legal advice at an early stage.

We have found that licensees accept a caution at an early stage to avoid inconvenience and to keep the police happy. If they have exercised due diligence to avoid committing offences they should make that clear to the police and be prepared to fight against their good record being tarnished by wrongfully accepting a caution.