Dear Pub & Club Network Members

New licence conditions added to all licences from 6 April 2010.

Out go irresponsible alcohol promotions and in comes free tap water.

Irresponsible Promotions.

A condition is added to the premises licence that the premises licence holder and the DPS must take reasonable steps to ensure that staff do not carry out or arrange or participate in irresponsible promotions relating to the premises.

An irresponsible promotion is one which is carried on for the purpose of encouraging the sale of alcohol for drinking on the premises in a way which carries a significant risk of leading to or contributing to crime and disorder, prejudice to public safety, public nuisance of harm to children

and which fits into one of the following categories:

(i) games or other activities which require or encourage individuals to drink an amount of alcohol within a time limit or to drink as much as possible whether or not within a time limit; (The expression “other activities is not defined. Nor is there any requirement for alcohol to be given away free or at a discounted price. It is therefore conceivable that any promotion eg a poster campaign could fall foul of the condition if it is perceived that the promotion carries a significant risk of giving rise to risks of crime & disorder etc.) 

(ii) providing unlimited or unspecified quantities of alcohol free or at a fixed or discount rate otherwise than in respect of alcohol for consumption with a table meal;

(iii) providing free or discounted alcohol, as a prize for purchasing and consuming alcohol over any period of 24 hours or less.

(iv) providing free or discounted alcohol linked to the viewing of a sporting event on the premises where the free or discounted alcohol is dependent on the result of a race, competition or event or the likelihood or not of something occurring;

(v) selling or supplying alcohol linked to promotional posters or flyers on the premises or in the vicinity which condone encourage or glamorise antisocial behaviour or refer to the effects of drunkenness in a favourable manner.

Examples of what is out - all you can drink for £10, dentist chairs and even possibly buy one get one free!

The new regulations are not very clear and will need interpreting as time goes on. There are risks for all!

Free Tap Water

A condition is added to the premises licence that free tap water must be provided on request to customers.

If you require further information please contact your own Licensing Solicitors or Manchester City Council Licensing Unit  

Regards

Phil Burke