In a surprise move, the Trading Standards Department (TSD) of Oldham Council has commenced 22 separate review applications simultaneously in respect of premises in the Central Oldham Yorkshire Street area. It is the TSD intention to force onerous conditions onto the premises licences involved to include:
* paying for a least two police officers during promotions
* having an orderly 'post office-style' queuing system; no drinking within one metre of the bar; starting the queue at least one metre from the bar with barriers/signs; maximum of two drinks ordered at one time; minimum one door supervisor per queue; no drinking in the queue etc
* no table service for drinks
* seven days' notice (to council and police) of 'regulated drinks promotions' defined as offering between 9.00 pm and 5.00 am: alcohol for less than 75p per unit; alcohol in return for tickets/vouchers; discounts above 20%; purchase of alcoholic one drink leading to supply of free drinks or all-inclusive deals
Subject to any challenge in the courts, the review hearings are set to take place once the 28-day consultation has taken place.
We believe this to be the first time such a series of reviews has been brought and would seriously question its legality at this time; the action would appear to fly in the face of the current law and guidance. It is claimed that drinks promotions in the town centre have been escalating leading to increased drunkenness and rising crime and disorder. However, to succeed in each case, the TSD would need to provide evidence that a premises is or has been actually undermining one or more of the licensing objectives in a significant way. We await the outcome with interest.
Parliament is currently considering both a mandatory code on drinks promotions together with legislation which will allow councils to impose sets of conditions on a number of premises in their licensing area.
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Should you have any queries regarding the content of this briefing, please contact:
Phil Crier:
E: phil.crier@bllaw.co.uk T: 023 8085 7232
Jon Wallsgrove:
E: jon.wallsgrove@bllaw.co.uk T: 023 8085 7224