LICENSING COMMITTEE AGENDA Monday 20 July 2009 6:00pm Committee Rooms 2 & 3, City Hall Membership: Councillors Darren Grice (Chairman), Keith Weaver (Vice Chairman), Kathleen Brothwell, Brent Charlesworth, Richard Coupland, David Gratrick, Charlotte Grice, Paul Grice, David Jackson, Andrew Kerry, Oliver Peeke, Bud Robinson, Fay Smith, Alister Williams, Loraine Woolley Substitute Members: Councillors Jane Clark, Gary Hewson, Geoffrey Kirby, Peter West Officers attending: Kevin Barron, Committee Services, Becky Guy SECTION A Page(s) 1. Confirmation of Minutes 2 June 2009 2. Proceedings of the Hackney Carriage and Private Hire Licensing SubCommittee i. 9 June 2009 3. Declarations of Interest Please note that, in accordance with the Members' Code of Conduct, when declaring interests Members must disclose the existence and nature of the interest and whether it is personal or prejudicial. SITTING AS THE LICENSING COMMITTEE OF THE LICENSING AUTHORITY UNDER THE LICENSING ACT 2003/GAMBLING ACT 2005 4. Selling Alcohol Responsibly: A Consultation On The New Code Of Practice For Alcohol Retailers 5. Draft Lincolnshire Alcohol Harm Reduction Strategy 2009 2011 6. Reducing Alcohol Related Violent Crime and Disorder: Codes of Practice SITTING AS THE LICENSING COMMITTEE OF THE COUNCIL 1 3 4 5 97 98 128 129 194 Section A Continued Over ...
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
LICENSING COMMITTEE
A G E N D A
Monday 20 July 2009 6:00pm Committee Rooms 2 & 3, City Hall
Membership: Councillors Darren Grice (Chairman), Keith Weaver (Vice Chairman), Kathleen Brothwell, Brent Charlesworth, Richard Coupland, David Gratrick, Charlotte Grice, Paul Grice, David Jackson, Andrew Kerry, Oliver Peeke, Bud Robinson, Fay Smith, Alister Williams, Loraine Woolley
Substitute Members: Councillors Jane Clark, Gary Hewson, Geoffrey Kirby, Peter West
Officers attending: Kevin Barron, Committee Services, Becky Guy
SECTION A Page(s)1. Confirmation of Minutes 2 June 2009
2. Proceedings of the Hackney Carriage and Private Hire Licensing SubCommittee
i. 9 June 2009
3. Declarations of Interest
Please note that, in accordance with the Members' Code of Conduct, when declaring interests Members must disclose the existence and nature of the interest and whether it is personal or prejudicial.
SITTING AS THE LICENSING COMMITTEE OF THE LICENSING AUTHORITY UNDER THE LICENSING ACT 2003/GAMBLING ACT 20054. Selling Alcohol Responsibly: A Consultation On The New Code Of
Practice For Alcohol Retailers
5. Draft Lincolnshire Alcohol Harm Reduction Strategy 2009 2011
6. Reducing Alcohol Related Violent Crime and Disorder: Codes of Practice
SITTING AS THE LICENSING COMMITTEE OF THE COUNCIL
1 3
4
5 97
98 128129 194
Section A Continued Over ...
City Hall
Lincoln
AH
10 July 2009
7. Site Management Agreement between Public Fundraising Regulatory Authority and Lincoln City Council
8. Power to Suspend and/or Revoke Hackney Carriage/Private Hire Driver's Licences Section 52, Road Safety Act 2006
9. Amendments to Application Forms and Additional Document Requirement
10. Disability Discrimination Act 1995 Improving Access To Taxis
11. Request for Advertising on a Hackney Carriage Vehicle
12. Exclusion of the Press and PublicYou are asked to resolve that the press and public be excluded from the meeting during the consideration of the following items because it is likely that if members of the press or public were present, there would be disclosure to them of "exempt information."
195 201
202 205
206 262
263 383384 394
... Section A Continued
2 JUNE 2009LICENSING COMMITTEE
Present: Councillor Darren Grice (in the Chair)
Councillors: Kathleen Brothwell, Brent Charlesworth, Richard Coupland, David Jackson, Fay Smith, Keith Weaver
Apologies: Councillor(s) David Gratrick, Charlotte Grice, Paul Grice, Andrew Kerry, Oliver Peeke, Bud Robinson, Alister Williams, Loraine Woolley
1. CONFIRMATION OF MINUTES 24 MARCH 2009
RESOLVED that the minutes of the meeting held on 24 March 2009 be confirmed.
2. DECLARATIONS OF INTEREST
No declarations of interest were received.
3. PROCEEDINGS OF THE HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING SUBCOMMITTEE
The Director of Resources submitted the minutes of the Hackney Carriage and Private Hire Licensing Sub Committee meetings held on 5 March, 9 April and 14 May 2009 for information.
RESOLVED that the minutes of the meetings held on 5 March, 9 April and 14 May 2009 be received.
4. PROCEEDINGS OF LICENSING SUB COMMITTEE
The Director of Resources submitted the minutes of the Licensing Sub Committee meetings held on 25 February, 19 March and 21 April 2009 for information.
RESOLVED that the minutes of the meeting of the Licensing Sub Committee detailed above be received.
The Chairman of the Licensing Sub Committee provided an update to Members on the hearing held on 21 April 2009. He stated that the hearing had been adjourned to ensure a fair hearing. The Sub Committee were concerned that the applicant did not fully understand the questions put to him or the technical terms in English. An interpretor was employed and the hearing took place on the 19 May 2009.
5. HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE TEST CERTIFICATE FEES
The Director of Resources
1
a. presented a report to advise Committee of the current situation in respect of Hackney Carriage and Private Hire vehicle test fees and a request for a fee increase to be referred to Council for approval
b. outlined the current system of issuing test certificates as detailed at paragraph 2.1 and 2.2 of the report
c. advised that Council had approved test certificate fees for 2009/10. The fee was published at £3.65 for both issue and replacement.
d. advised on the current design of the test certificates as detailed at paragraph 2.4 of the report and stated that the production of the certificates was currently inefficient because they were produced on a typewriter and there were issues of availability of such equipment and there was an issue of security
e. stated that Hamilton House would no longer issue test certificates, therefore the only logical option was for the Cash Office team to issue the certificates.
f. advised that the technology would be updated to replace the insecure certificates to those that were less likely to be forged. The cost of the certficate would have to be increased to reflect the cost of the material, computer hardware and software and the staff wages in producing the certificate and maintaining records.
g. detailed the proposed fees and charges and highlighted that the calculated cost would be £10 for both the original issue and any replacement required
h. highlighted the resource implications as detailed at paragraph 4 to the report
Members considered and commented on the contents of the report.
RESOLVED that the following be referred to Council for approval:
1. The increase in fee to £10 for the issue of the test certificate and any replacement required
2. The fee increase to be implemented with immediate effect
3. Consider the fee to be subject to annual adjustment
6. REQUEST FOR ADVERTISING ON A HACKNEY CARRIAGE VEHICLE
The Director of Resources presented a request from Mr D R Petch for advertising material to be placed on his licensed Hackney Carriage vehicle
The Director of Resources advised
a. on the current licensed conditions in respect of advertising on Hackney Carriages
2
b. that the permission of the Licensing Committee was required to place any advertising material in or on Hackney Carriage vehicle
c. that the advertising material was for Lincoln Volkswagon Specialist Limited.
d. on the design of the proposed artwork for the livery as detailed on Appendix B to the report.
RESOLVED that the advertising material detailed in Appendices A and B to the report be approved for display on a Hackney Carriage Vehicle as requested.
3
9 JUNE 2009HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING SUB
COMMITTEE
Present: Councillor Edmund Strengiel (in the Chair)
Councillors: Kathleen Brothwell, David Jackson
Apologies: Councillor(s) Andrew Kerry, Keith Weaver
Substitutes: Councillor(s) Paul Grice, Ronald Hills
1. CONFIRMATION OF MINUTES 14 MAY 2009
RESOLVED that the minutes of the meeting held on the 14 May 2009 be confirmed
2. DECLARATIONS OF INTEREST
No declarations of interest were received.
3. EXCLUSION OF THE PRESS AND PUBLIC
RESOLVED that the Press and Public be excluded from the meeting during consideration of the following items of business because it is likely that if members of the public were present there would be a disclosure to them of ‘exempt information’ as defined by Section 100I and Schedule 12A to the Local Government Act 1972.
4. TO INTERVIEW AN APPLICANT FOR A PRIVATE HIRE DRIVER’S LICENCE [01/09]
The Committee interviewed the applicant for a Private Hire Driver's licence and badge.
The applicant had previously held a City of Lincoln Council Private Hire Drivers Licence and this had been revoked by the Sub Committee in December 2007 as it was felt that he was no longer a fit and proper person to hold a licence. The applicant appealed the decision and this was heard at the Magistrates Court in May 2008, the decision of the Sub Committee was upheld.
The Committee questioned the applicant on the previous incidents that had occurred during the time that he was licensed as a Private Hire Driver and the decision was made:
Licence refused
Reason: The Sub Committee felt that the applicant was not a fit and proper person to hold a Private Hire Drivers Licence.
Members indicated that they may consider a future application in no less than 6 months time from the date of this Committee
4
Item No. 4 LICENSING COMMITTEE 20 JULY 2009
SUBJECT:
SELLING ALCOHOL RESPONSIBLY: A CONSULTATION ON THE NEW CODE OF PRACTICE FOR ALCOHOL RETAILERS
REPORT BY:
DIRECTOR OF RESOURCES
LEAD OFFICER:
KEVIN BARRON, LICENSING MANAGER
1. Purpose of Report
1.1 To inform the Committee of the Home Office’s Consultation document, Safe,
Sensible, Social. “Selling Alcohol Responsibly: A Consultation On The New Code Of Practice For Alcohol Retailers”.
1.2 To co-ordinate the Licensing Authority’s response (if any) to the consultation.
2. Background
2.1 The consultation looks at proposed changes to the law regarding alcohol sales.
2.2 The new code will contain both mandatory and optional local licensing rules and requirements.
2.3 The consultation ends on the 5 August 2009.
2.4 The Home Office requires opinions on the proposed new code of practice which has the the aim: “ to ensure those who sell and supply alcohol do so responsibly, in order to prevent alcohol-related crime, disorder and nuisance.”
3. Main Body of Report
3.1 The consultation document is attached at Appendix A and the response form at Appendix B. These can be viewed on-line at the Home Office web-site www.homeoffice.gov.uk and then navigating to the current consultation section. The response can also be completed on-line.
3.2 The new code of practice for the retail of alcohol would include: Mandatory licensing conditions that will apply to licensed premises; A requirement to display alcohol unit content and health related
information; Discretionary local licensing conditions that can be applied to groups of two
or more premises in any local area that have been clearly linked to alcohol- related nuisance and disorder; and statutory guidance to support the conditions and requirements, maximising the positive impact of the code, and good practice guidance.
5
3.3 If the proposed mandatory conditions are introduced, the premises licences will
have to be amended to reflect them. The Home Office has indicated that this need not be done on implementation but introduced gradually when the licence is submitted for amending due to transfer, change of DPS etc.
3.4 However, the Home Office intend to produce a letter informing the premises licence holder of the new mandatory conditions and which the Licensing Authorities are expected to reproduce and then forward to the premises licence holders. The Licensing Authority will be expected to fund this itself.
4. Resource Implications
4.1 (i) Finance (including impact on Savings Targets)
- Capital Implications Nil
- Revenue Implications There is no revenue due to the Authority from these proposals but there is a cost incurred by forwarding the letter referred to in paragraph 3.4 above.
4.2 (i) Staffing If the proposals are implemented, the mandatory licence condition letter will have to be reproduced and posted out to licence holders. We currently have 341 licensed premises that sell alcohol (109 on-sales only; 98 off-sales only and 134 both on and off-sales).
4.3 (ii) Property/Land/Accommodation Implications
4.4 (iii) Procurement
Discretionary assessments
5. Policy Implications
5.1 (i) Strategic Priority
5.2 (ii) S.17 Crime and Disorder
5.3 (iii) Equality and Diversity
5.4 (iv) Environmental Sustainability
5.5 (v) Community engagement/ communication 6. Consultation and Communication
6
7. Legal Implications
7.1 (i) Legal - Nil
7.2 (ii) Contractual – Nil
7.3 (iii) Constitutional Issues - Nil.
Mandatory Assessment
8. Assessment of Options
8.1 (i) Key Issues
8.2 (ii) Risks Assessment (including Impact Assessment)
9. Recommendation
9.1 The Licensing Committee is asked to view the consultation document and prepare a response to it.
Access to Information: Does the report contain exempt information, which would prejudice the public interest requirement if it was publicised?
No
Key Decision No
Key Decision Reference No.
Do the Exempt Information Categories Apply
Yes/No
Call In and Urgency: I s the decision one to which Rule 15 of the Scrutiny Procedure Rules apply?
Yes/No
List of Background Papers:
Appendix A Safe, Sensible, Social. “Selling Alcohol Responsibly: A Consultation On The New Code Of Practice For Alcohol Retailers”. Appendix B Consultation Return
Lead Officer: Kevin Barron Telephone 873564
7
SAFE. SENSIBLE. SOCIAL.SELLING ALCOHOL RESPONSIBLY: A CONSULTATION ON THE NEW CODE OF PRACTICE FOR ALCOHOL RETAILERS
England and Wales
MAY 2009
8
1
ContentsMinisterial Foreword 3
Chapter 1 – Executive summary 5
Chapter 2 – Overview 9
Chapter 3 – Mandatory licensing conditions 17
Chapter 4 – Discretionary local licensing conditions 28
Chapter 5 – Making the mandatory and locally applied conditions work 44
Chapter 6 – Statutory guidance 51
Chapter 7 – Responding to the consultation 56
Annexes 58
9
3
Ministerial Foreword
Drinking alcohol plays a long-standing and generally positive role in British culture. Pubs, bars and clubs are an important part of many people’s social and family life and contribute valuable revenue to the economy.
The Government plays an important role in ensuring people make informed choices about the amount they drink, and in making sure people who sell alcohol do so responsibly.
We are consulting on a new code of practice to ensure the responsible retailing of alcohol. This consultation seeks your views on a range of proposed mandatory licensing conditions across England and Wales, on a series of proposed conditions that could be applied by licensing authorities at a local level, and on how they should operate. The consultation also seeks views on a proposed requirement to display alcohol unit information through the Food Safety Act.
Since the publication of the updated National Alcohol Strategy in 2007 a number of initiatives have been implemented. These include the development of 13 alcohol arrest referral pilots to influence the behaviour of those arrested for an alcohol-related offence, with a further 6 pilots targeting young people; a number of successful enforcement campaigns tackling under-age sales and selling to drunks; and enforcement campaigns including £3 million of alcohol-related partnership activity funding given to 198 areas and a £1.5 million enforcement campaign to tackle alcohol-related crime and disorder in the top 50 priority areas. In addition, we have published a Youth Alcohol Action Plan to tackle underage drinking and launched the £4 million ‘Know Your Limits’ campaign encouraging personal responsibility for drinking behaviour.
While we are seeing some success in making sure that people drink responsibly and that those who do not are dealt with swiftly, more needs to be done to tackle the way that alcohol is sold.
Last December we set out our intention to legislate for a mandatory code of practice for the alcohol retail industry. This code will set out a number of mandatory licensing conditions for alcohol retailers across England and Wales and will give local licensing authorities wide-ranging and flexible new powers to clampdown on specific problems that are linked to groups of premises in their area. These powers will not affect the majority of businesses, small or large, who behave responsibly – but it is intended to firmly target those that do not. Contrary to concerns raised at the time, the introduction of flexible opening hours has not led to an increase in violence; we have actually seen a reduction in violence, which has also been distributed more widely through the night making it more manageable. This code is the next step in our programme to continue to tackle alcohol-related crime and disorder.
I understand there may be concerns about imposing new costs on industry during a period of economic downturn. However, the benefits of the proposed package of measures not only include the prevention of crime, disorder and nuisance, but also support the Government’s policy outlined in ‘Looking after our town centres’1 by tackling places plagued by alcohol-related problems and helping to establish safer and more attractive town and city centres.
I want this consultation to engage with members of the public, all sectors of business, licensing authorities, enforcement bodies and the licensed trade. I very much encourage you to join the debate, have your say and help shape how alcohol is sold in the future.
Jacqui Smith Home Secretary
1 Communities and Local Government (2009) Looking after our town centres.
10
4
HOW tO uSE tHIS dOCumENt
l A good place to start is with the Executive Summary on page 5 and the ‘at a glance’ table on page 7, which introduces the issues involved and the changes proposed;
l At the end of each section there is a set of consultation questions. We would particularly like to receive responses to these from: members of the public; those who sell and supply alcohol and their trade assocations; and licensing authorities, enforcement agencies and health bodies. A printout response form with all the questions can be found at Annex A on page 58 or can be completed online at http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/; and
l A glossary explaining some of the terms and abbreviations used can be found at the end of the document in Annex D on page 78, and the information summary is in Annex C on page 75.
Mandatory LicensingConditions(Chapter 3)
Discretionary LocalLicensing Conditions
(Chapter 4)Food Safety ActRequirements(Chapter 3)
How it will work(Chapter 5)
Guidance(Chapter 6)
The New Code of Practice forAlcohol Retailers
11
5
The Home Office commissioned an independent 1.7 review of the implementation of this voluntary code in January 2008. Whilst the majority of premises are well-run, the review revealed a disturbing level of irresponsible and harmful practice in significant sectors of the industry, along with limited evidence that the current social responsibility standards are consistently applied or effective in promoting good practice.
The Government set out the case for the 1.8 introduction of a set of mandatory conditions to improve the retail of alcohol, to ensure that irresponsible promotions were stopped and that licensed premises should be made to act responsibly towards their customers and the general public, in a consultation in July 2008. The responses to this consultation were overwhelmingly in support of such a code.
Moreover, the police and other key organisations 1.9 have told us that more needs to be done to tackle groups of premises in areas where alcohol-fuelled crime and disorder is a problem.
We are committed to taking the action necessary to 1.10 both prevent the sales practices that most clearly lead to alcohol-related violence, public nuisance, crime and disorder and to encourage best practice. The introduction of these conditions will be brought about through measures within the Policing and Crime Bill that is currently before Parliament.
Another important element of the Government’s 1.11 Alcohol Strategy is to raise awareness of the alcohol unit content of drinks and the health risks of excessive drinking. This consultation therefore also includes proposals for statutory requirements under the Food Safety Act for alcohol unit and health information to be displayed for customers.
So far as they are exercisable in relation to Wales, 1.12 the relevant Food Safety Act powers rest with the Welsh Ministers, who are considering the position in relation to Wales. The Welsh Assembly Government supports the principle of providing better information to consumers about the alcohol unit content of drinks and the health risks of excessive drinking and likewise welcomes consultation responses.
Enjoying alcohol is a positive part of the lives of 1.1 many people, but the excessive drinking of a minority is clearly linked with the types of violence and antisocial behaviour that cause harm to them and those around them, turning some town centres into places avoided by most of the community.
There are also a minority of licensed premises that 1.2 put people at risk by encouraging excessive drinking through irresponsible promotions and maintaining an environment that undermines the four licensing objectives that underpin the Licensing Act 2003; namely to prevent crime and disorder, prevent public nuisance, protect public safety and protect children from harm.
It is up to individuals to decide whether to drink 1.3 and, if so, how much and how often. Furthermore, individuals must take responsibility for their actions when they are under the influence of alcohol. Those who retail alcohol also have a responsibility to protect their customers, members, the public and communities.
The public is rightly concerned about drunk and 1.4 rowdy behaviour in their local areas: the level of violence in and around some pubs and clubs is unacceptably high; too many under-18s are able to purchase alcohol and put themselves and others at risk; and the cost of alcohol-related crime and disorder remains too high, estimated at between £8 billion and £13 billion per year.
The Government is taking a wide range of actions 1.5 to tackle these problems, as set out in its Alcohol Strategy. This includes tough action on under-18s drinking in public places, more treatment for those with alcohol misuse problems and efforts to tackle the increasing numbers of alcohol-related hospital admissions.
In November 2005, 16 trade associations and 1.6 organisations representing the alcohol industry published the Social responsibility standards for the production and sale of alcoholic drinks in the UK. This provided a voluntary code of conduct intended to promote the broader social responsibilities that go with the sale of alcohol and to ensure that the risk of crime and disorder resulting from alcohol consumption was minimised.
Chapter 1: Executive Summary
12
6
This consultation seeks your views on whether the 1.14 suggested conditions and requirements will meet their objectives, and how they should be implemented most effectively. We are keen to hear from everyone who will be affected by the new code, including members of the public who are consumers of alcohol or who are affected by alcohol-related crime, those who run or work in pubs, clubs, supermarkets and shops, criminal justice agencies, licensing authorities, and trade associations representing those who produce and sell alcohol. This consultation seeks views, experiences and evidence of the practical impact, costs and benefits of the conditions outlined here, and also invites industry to contribute draft sections for consideration in the development of the good practice guidance. We are also seeking views on whether certain types of licensed premises should be exempted from the mandatory conditions and/or the national requirements.
The new code of practice for the retail of alcohol would include:
l mandatory licensing conditions that will apply to licensed premises;
l a requirement to display alcohol unit content and health related information;
l discretionary local licensing conditions that can be applied to groups of two or more premises in any local area that have been clearly linked to alcohol-related nuisance and disorder; and
l statutory guidance to support the conditions and requirements, maximising the positive impact of the code, and good practice guidance.
The conditions, requirements and guidance 1.13 contained in the code are designed to bring about real reductions in crime and disorder, making it safer for people to enjoy alcohol responsibly and to go out at night. The licensing conditions are designed to be targeted on the minority of businesses who do not behave responsibly and therefore will not affect the responsible majority of businesses, small or large.
© Mitchells & Butler (Crown & Sceptre, Foley St, London W1)
13
7
At
A G
LAN
CE:
A N
EW
CO
dE O
F P
rA
CtI
CE F
Or
tH
E r
ES
PO
NS
IBLE
rEtA
IL O
F A
LCO
HO
LG
over
nmen
t is c
onsu
lting
in o
rder
to se
ek v
iew
s on
a ne
w c
ode
of p
ract
ice
that
aim
s to
ensu
re th
e re
spon
sible
reta
il of
alc
ohol
and
to b
an th
e so
rt o
f 1.
15
irres
pons
ible
pro
mot
ions
that
enc
oura
ge e
xces
sive
bing
e dr
inki
ng a
nd le
ad p
eopl
e in
to c
rime
and
diso
rder
. The
cod
e w
ill h
elp
to m
eet t
he fo
ur
licen
sing
obje
ctiv
es o
f pr
even
ting
publ
ic n
uisa
nce,
crim
e an
d di
sord
er a
nd p
rote
ctin
g ch
ildre
n an
d th
e w
ider
pub
lic fr
om h
arm
. The
cod
e co
nsist
s of:
Cod
eP
urpo
se a
nd R
atio
nale
How
will
it w
ork?
Con
diti
ons
incl
ude
MA
ND
AT
OR
Y
CO
ND
ITIO
NS
(Cha
pter
3)
To b
ring
into
forc
e an
eff
ectiv
e ba
n on
ir
resp
onsi
ble
prom
otio
ns a
nd to
enf
orce
re
spon
sibl
e be
havi
our b
y th
ose
licen
sed
to se
ll or
su
pply
alc
ohol
, ens
urin
g th
at a
ll lic
ence
hol
ders
fu
lfil t
heir
duty
to p
rom
ote
the
licen
sing
ob
ject
ives
and
pro
tect
thei
r cus
tom
ers a
nd th
e w
ider
pub
lic.
The
re w
ill b
e a
max
imum
of
nine
con
ditio
ns
that
will
app
ly to
all
rele
vant
alc
ohol
lice
nces
co
nsis
tent
ly a
cros
s Eng
land
and
Wal
es.
The
fina
l set
of
man
dato
ry c
ondi
tions
, and
w
hich
type
s of
prem
ises
they
will
app
ly to
, will
be
agr
eed
follo
win
g th
e co
nclu
sion
of
this
co
nsul
tatio
n an
d fu
rthe
r wor
k, a
nd w
ill th
en
be se
t out
in a
Sta
tuto
ry In
stru
men
t tha
t mus
t be
app
rove
d by
Par
liam
ent b
efor
e co
min
g
into
forc
e.
Prev
entio
n of
irre
spon
sibl
e al
coho
l pro
mot
ions
•
such
as ‘
wom
en d
rink
free
’ or ‘
all y
ou c
an d
rink
for £
10’;
Free
tap
wat
er a
vaila
ble
for c
usto
mer
s; an
d•
A re
quire
men
t tha
t the
smal
lest
stan
dard
•
mea
sure
s be
mad
e av
aila
ble
to p
reve
nt th
e au
tom
atic
selli
ng o
f do
uble
s or l
arge
gla
sses
of
win
e.
NA
TIO
NA
L
RE
QU
IRE
ME
NT
FO
R
INF
OR
MA
TIO
N A
T
TH
E P
OIN
T-O
F-S
AL
E
(Cha
pter
3)
To e
nabl
e cu
stom
ers t
o un
ders
tand
the
alco
hol
cont
ent o
f dr
inks
and
the
links
bet
wee
n ex
cess
ive
or b
inge
drin
king
and
hea
lth ri
sks t
o he
lp p
eopl
e m
ake
info
rmed
cho
ices
abo
ut le
vels
of
alco
hol
cons
umpt
ion.
Reg
ulat
ions
und
er th
e Fo
od S
afet
y A
ct 1
990
wou
ld re
quire
pre
mis
es li
cens
ed to
sell
alco
hol
to d
ispl
ay th
e U
K u
nit c
onte
nt o
f al
coho
l pr
oduc
ts, a
nd fo
r off
-lice
nsed
pre
mis
es to
be
requ
ired
to d
ispl
ay in
form
atio
n ab
out t
he
heal
th ri
sks o
f re
gula
r exc
essiv
e dr
inki
ng a
nd
bing
e dr
inki
ng.
Reg
ulat
ions
wou
ld p
resc
ribe
the
type
of
info
rmat
ion
to b
e di
spla
yed,
the
mea
ns a
nd lo
catio
n of
dis
play
s on
pre
mis
es, w
hich
type
s of
prem
ises
are
incl
uded
, an
d w
ould
take
into
acc
ount
con
sulta
tion
resp
onse
s.N
B: T
his i
s sep
arat
e to,
and
so w
ill n
ot a
ffect,
the v
olunt
ary
agre
emen
t the
Gov
ernm
ent h
as w
ith th
e ind
ustr
y to s
how
the
unit
cont
ent a
nd h
ealth
guid
eline
s on
labe
ls for
each
bot
tle or
co
ntai
ner.
Com
plia
nce w
ith th
is ag
reem
ent i
s bein
g asse
ssed
sepa
ratel
y.
DIS
CR
ET
ION
AR
Y
LO
CA
L L
ICE
NSI
NG
C
ON
DIT
ION
S
(Cha
pter
4)
To p
rovi
de a
men
u of
pot
entia
l con
ditio
ns th
at
can
be a
pplie
d to
gro
ups o
f tw
o or
mor
e pr
emis
es in
an
area
whe
re th
ose
prem
ises
are
co
ntrib
utin
g to
alc
ohol
-rel
ated
nui
sanc
e an
d di
sord
er. T
his w
ill a
llow
loca
l lic
ensi
ng a
utho
ritie
s to
tack
le a
lcoh
ol-r
elat
ed p
robl
ems i
n th
eir a
rea
whi
ch a
re c
ontr
ibut
ed to
by
grou
ps o
f lic
ense
d pr
emis
es.
The
re w
ill b
e a
list o
f di
scre
tiona
ry li
cens
ing
cond
ition
s tha
t can
be
chos
en a
nd a
pplie
d to
gr
oups
of
two
or m
ore
licen
sed
prem
ises
by
licen
sing
aut
horit
ies i
n E
ngla
nd a
nd W
ales
. The
fin
al se
t of
loca
l dis
cret
iona
ry c
ondi
tions
will
be
agr
eed
follo
win
g th
e co
nclu
sion
of
this
co
nsul
tatio
n an
d fu
rthe
r wor
k, a
nd w
ill th
en b
e se
t out
in a
Sta
tuto
ry In
stru
men
t tha
t mus
t be
appr
oved
by
Parli
amen
t bef
ore
com
ing
into
fo
rce.
A re
quire
men
t tha
t tho
se se
lling
alc
ohol
ask
for
•id
entifi
catio
n fr
om a
nyon
e w
ho is
thou
ght t
o be
un
der 2
1 ye
ars o
f ag
e;R
estr
ictio
ns o
n ha
ppy
hour
s and
pub
cra
wls
•
durin
g tim
es a
ssoc
iate
d w
ith c
rime
and
diso
rder
;R
estr
ictio
ns o
n bu
lk d
isco
untin
g of
alc
ohol
in
•sh
ops a
nd su
perm
arke
ts;
Alc
ohol
mus
t not
be
serv
ed in
gla
sses
dur
ing
•tim
es a
ssoc
iate
d w
ith c
rime
and
diso
rder
; and
Lice
nsee
s mus
t im
plem
ent a
n ef
fect
ive
disp
ersa
l •
polic
y at
clo
sing
tim
e.
STA
TU
TO
RY
G
UID
AN
CE
(Cha
pter
6)
Acc
ompa
nyin
g gu
idan
ce w
ill b
e de
velo
ped
to
ensu
re th
e ef
fect
ive
impl
emen
tatio
n, u
se a
nd
enfo
rcem
ent o
f th
e co
de.
Ext
ensi
on to
the
stat
utor
y gu
idan
ce u
nder
se
ctio
n 18
2 of
the
Lice
nsin
g A
ct 2
003
that
lic
ensi
ng a
utho
ritie
s mus
t hav
e re
gard
to.
Ext
ensi
on to
the
stat
utor
y gu
idan
ce se
ctio
n 40
of
the
Food
Saf
ety
Act
199
0 th
at fo
od
auth
oriti
es m
ust h
ave
rega
rd to
. Bot
h w
ill b
e de
velo
ped
in p
artn
ersh
ip w
ith k
ey e
nfor
cem
ent
and
alco
hol i
ndus
try
stak
ehol
ders
and
exp
erts
.G
ood
prac
tice
guid
ance
will
als
o be
dev
elop
ed.
Add
ition
al g
uida
nce
will
dra
w o
n ex
ampl
es o
f go
od
prac
tice
and
exis
ting
code
s of
prac
tice
and
stan
dard
s. E
xam
ples
of
good
pra
ctic
e in
clud
e th
e C
ambr
idge
C
omm
unity
Alc
ohol
Pro
ject
, the
Por
tman
Gro
up
Cod
e an
d th
e So
cial
Res
pons
ibili
ty S
tand
ards
.N
B: I
ndus
try s
take
hold
ers a
re in
vited
to d
evelo
p an
d co
ntrib
ute s
ection
s of
good
pra
ctice
to b
e con
sider
ed in
the
deve
lopm
ent o
f th
e gui
danc
e.
14
8
At
A G
LAN
CE:
Su
mm
Ar
y O
F k
Ey
Pr
OB
LEm
S F
Or
tH
E C
Od
E O
F P
rA
CtI
CE t
O A
dd
rES
S
Lic
ensi
ng
Obj
ecti
veC
rim
e an
d D
isor
der
Pub
lic S
afet
yP
ublic
Nui
sanc
eP
rote
ctio
n of
Chi
ldre
n fr
om H
arm
Pro
blem
s fo
r th
e C
ode
to
addr
ess
£8–1
3 bi
llion
cos
t of
alco
hol-r
elat
ed
•cr
ime
and
diso
rder
per
yea
r.2
Nea
rly h
alf
of a
ll vi
olen
t crim
e •
occu
rs b
etw
een
Frid
ay e
veni
ng a
nd
Mon
day
mor
ning
.3
A fi
fth
of a
ll vi
olen
t crim
e oc
curs
in
•an
d ar
ound
lice
nsed
pre
mis
es.3
Vio
lent
crim
e is
falli
ng b
ut th
e •
prop
ortio
n of
alc
ohol
-rel
ated
vi
olen
t crim
e re
mai
ns st
atic
.3
87,0
00 v
iole
nt in
cide
nts i
nvol
ving
a
•gl
ass o
r a b
ottle
as a
wea
pon
in
2007
/08.
3
37%
of
dom
estic
vio
lenc
e ca
ses
•in
volv
e al
coho
l.3
Inju
ries o
r acc
iden
ts c
ause
d ei
ther
to
•an
into
xica
ted
indi
vidu
al o
r oth
ers a
s a
resu
lt of
dru
nken
beh
avio
ur.
The
se m
ay b
e ev
iden
ced
by lo
cal
A&
E a
ttend
ance
s, fo
r exa
mpl
e.Pe
ople
, in
part
icul
ar v
ulne
rabl
e •
grou
ps, f
eel u
nsaf
e in
the
even
ing
or
afte
r dar
k.
Publ
ic p
erce
ptio
ns o
f dr
unk
and
•ro
wdy
beh
avio
ur a
s a p
robl
em in
th
eir a
rea
have
rise
n to
26%
.3
Noi
se p
ollu
tion
from
thos
e le
avin
g •
licen
sed
prem
ises
.B
roke
n gl
ass i
n th
e st
reet
.•
Surv
eys s
ugge
st th
at a
mon
g th
ose
•yo
ung
peop
le w
ho tr
y to
buy
al
coho
l fro
m sh
ops o
r pub
s, m
any
are
still
succ
essf
ul in
thei
r atte
mpt
s to
pur
chas
e it
whi
le u
nder
age.
4
Alth
ough
the
test
pur
chas
e fa
ilure
•
rate
(i.e
. whe
re a
pre
mis
es is
cau
ght
selli
ng a
lcoh
ol to
und
erag
e pe
ople
m
ore
than
onc
e) is
falli
ng, i
t re
mai
ns to
o hi
gh.
Gro
win
g co
ncer
n ab
out u
nder
age
•sa
les o
f al
coho
l onl
ine.
Pol
icy
Safe.
Sen
sible.
Soc
ial.
The n
ext s
teps i
n th
e Nat
ional
Alco
hol S
trateg
y
Publ
ic S
ervi
ce A
gree
men
t 25
– R
educ
ing t
he h
arm
caus
ed b
y alco
hol a
nd d
rugs
Yout
h A
lcoho
l Acti
on P
lan
PO
tEN
tIA
L S
Ou
rC
ES
OF
Pr
OB
LEm
S
On-
trad
eO
ff-t
rade
Irre
spon
sibl
e pr
omot
ions
that
lead
to c
usto
mer
s drin
king
in g
reat
er q
uant
ities
or m
ore
•qu
ickl
y.
Bei
ng d
enie
d th
e op
tion
of sm
alle
r mea
sure
s, su
ch a
s sin
gle
spiri
ts o
r sm
all g
lass
es o
f •
win
e.
No
viab
le a
ltern
ativ
e to
alc
ohol
ava
ilabl
e –
expe
nsiv
e so
ft d
rinks
and
no
free
tap
wat
er.
•
Env
ironm
ents
that
are
too
nois
y, le
adin
g to
qui
cker
drin
king
.•
Not
hav
ing
anyw
here
to si
t dow
n, le
adin
g to
fast
er d
rinki
ng.
•
‘Pre
-load
ing’
at h
ome
befo
re g
oing
out
by
drin
king
larg
e am
ount
s of
chea
p al
coho
l.•
Dee
p di
scou
ntin
g in
cent
ivis
ing
the
purc
hase
of
very
larg
e qu
antit
ies o
f al
coho
l.•
Che
ap d
rinks
with
hig
h al
coho
l con
tent
bei
ng so
ught
aft
er b
y st
reet
drin
kers
and
you
ng
•pe
ople
.
Alc
ohol
pur
chas
es b
eing
con
sum
ed in
pub
lic p
lace
s – o
n th
e st
reet
s or i
n pa
rks.
•
2 See
Ann
ex H
.3 A
ccor
ding
to th
e B
ritis
h C
rime
Surv
ey.
4 NH
S In
form
atio
n C
entr
e (2
007)
Sm
okin
g, d
rinki
ng a
nd d
rug u
se a
mon
g you
ng p
eopl
e in
Eng
land
in 2
006.
15
9
5 Prime Minister’s Strategy Unit (2004) Alcohol Harm Reduction Strategy for England.6 HM Government (2007) Safe. Sensible. Social. The next steps in the National Alcohol Strategy.7 See Chapter 6 for examples of good practice.8 British Crime Survey (2007-08).
The purpose of introducing a new code of practice 2.5 for alcohol retailers is to raise standards in how licensed premises operate, ensuring that they are all safe places for the public to enjoy socialising, and that they take seriously their responsibility to promote the four licensing objectives, and promote specific information for consumers related to alcohol and health, to help people to make informed choices about alcohol consumption.
The Home Office is responsible for the Policing 2.6 and Crime Bill which contains the provision for the new code, and has co-ordinated the development of the proposed conditions in this consultation. It has worked in close partnership with all interested Departments across Government. In particular, these include: the Department for Culture, Media and Sport, which is responsible for licensing law and policy and for sponsoring the hospitality industry; the Department of Health, which jointly leads on the Government’s Alcohol Strategy; the Department for Children, Schools & Families, responsible for preventing harm to children; the Department for Business, Enterprise and Regulatory Reform, with responsibilities for better regulation, support for small businesses, competition policy and consumer protection; the Department for Environment, Food and Rural Affairs, which sponsors the off-trade and alcohol producers; and HM Treasury.
tHE SCALE OF tHE PrOBLEmOverall crime is falling and the number of violent 2.7 offences has also fallen significantly in recent years (see Figure 1), with the numbers of violent offences that are alcohol-related also falling.
For the last few years, the evidence from victims 2.8 responding to the British Crime Survey suggests that alcohol-related crime makes up almost half of all violent crime committed in England and Wales8, equivalent to 947,000 violent offences.
INtrOduCtIONAs we recognise in the National Alcohol Strategy2.1 5, 6 our relationship with drink in this country is complex. Encouraging everyone who decides to drink to do so in a safe, sensible and social way is a big challenge. The majority of adults who drink do so sensibly – although we may drink more than we think we do, or plan to, at times. But drunken violence, vandalism and packed Accident and Emergency Departments remain an issue for many town and city centres up and down the country each week. The latest figures suggest that the estimated annual cost to society of alcohol-related crime and disorder is between £8 billion and £13 billion, with the costs for health harms estimated at approximately £2.7 billion.
The majority of individuals who drink alcohol, do 2.2 so sensibly and should not be subjected to unnecessary restrictions. The majority of licensed premises sell alcohol responsibly7 and they should not be subjected to unfair burdens on their businesses. Pubs, bars, clubs, hotels and restaurants, which together employ over 1 million people in the UK, are an important part of many people’s social and family life. Alcohol can enhance meal times, special occasions and time with friends.
Ultimately, the decision as to whether people drink 2.3 or not and how much they drink is down to individual choice. But Government has an important role to play: in making sure that all businesses sell alcohol responsibly; in making clear that this individual choice is never an excuse for causing harm or distress to others or for turning certain places into ‘no-go’ areas; and in making sure that people are able to make informed choices if they choose to drink.
Getting this balance right is not easy. The challenge 2.4 for Government is to tackle these problems in a way that does not unfairly punish the majority who drink responsibly or sell alcohol responsibly and provide valuable contributions to the economy.
Chapter 2: Overview
16
10
9 Table 3.11, Crime in England and Wales 2007/08, Home Office Statistical Bulletin 07/08.
Figure 1: Violent incidents and alcohol-related violence, 2001/02 to 2007/08 9
2,728 2,7142,597
2,320 2,3492,471
2,164
1,2441,177
1,299
1,1051,023
1,087947
2001/02ints
2002/03ints
2003/04ints
2004/05ints
2005/06ints
2006/07ints
2007/08ints
Offen
ces
(’000s)
All violent offences Alcohol-related violence
3,000
2,500
2,000
1,500
1,000
500
0
2.9 Safe. Sensible. Social. – The next steps in the National Alcohol Strategy identified 18 – 24-year-old binge drinkers as a key target group as they are responsible for the majority of alcohol-related crime and disorder in the night-time economy. This age group is also the most likely to report that drunk or rowdy behaviour is a problem in their area.
In 2007-08, over 1,000 licensing reviews took place 2.10 on individual premises – with nearly 90% (890) of these being for premises licences following an application for a review of the premises licence. In addition to this local action, nationally Government has recently:
l completed £4.5 million of enforcement campaigns; comprising £3 million of alcohol-related partnership activity funding given to 198 local partnerships for multi-agency working to tackle alcohol-related crime and disorder, and a £1.5 million enforcement campaign to tackle drinking in public by young people, underage sales and alcohol-related crime and disorder in the top 50 priority areas;
l developed 13 alcohol arrest referral pilots to tackle alcohol-related offending, with an additional 6 pilots focussed on young people; and
l run a series of regional workshops to train over 1,200 front line enforcers, including police, PCSOs and licensing authority staff, on the effective use of the many tools and powers that are already available to them.
ABOut tHIS CONSuLtAtIONTo date, Government action to tackle alcohol-2.11 related crime and disorder has focussed on three specific areas:
l individuals who cause or contribute to alcohol-related crime and disorder;
l dealing with problems caused by people drinking in public places; and
l targeting irresponsible licensed premises.
17
11
10 Home Office (2008) A practical guide for dealing with alcohol-related problems: What you need to know (Available to download from http://drugs.homeoffice.gov.uk/publication-search/drug-strategy/alcoholguide?view=Binary)
11 KPMG (2008) Review of the Social Responsibility Standards for the production and sale of Alcoholic Drinks.12 (2005) Social Responsibility Standards for the Production and Sale of Alcoholic Drinks in the UK.13 Department of Health (2008) Safe, Sensible, Social. – Consultation on further action.14 Department of Health (2008) Safe. Sensible. Social. Consultation on further action: Consultation report – December 2008.
As a result of the independent review, and the 2.16 responses to the Department of Health consultation, the Government announced last December that it would introduce a new code of practice for alcohol retailers.
This consultation seeks views on what should be 2.17 contained in that code of practice for those that sell or supply alcohol, how it will work, and specifically what it will mean for the public, enforcement agencies and those selling alcohol. This consultation also seeks views on whether there are any types of premises that the mandatory conditions and/or the national requirements should not apply to.
In developing this code, the Government is 2.18 particularly keen to hear from: individual members of the public; those who run or work in pubs, clubs, bars, nightclubs, off-licences, hotels, restaurants and supermarkets; those who enforce the provisions of the Licensing Act; and those who work to tackle alcohol-related crime and disorder, such as the police, trading standards officers and Crime and Disorder Reduction Partnerships, NHS bodies, and those with expertise in health promotion.
We would also welcome further evidence of the 2.19 impact and costs of the particular conditions proposed in the consultation, and information on existing good practice.
The Government has introduced a wide range of 2.12 tools and powers, through the Licensing Act 2003, Antisocial Behaviour legislation, and more recently the Violent Crime Reduction Act to tackle alcohol-related harms. A summary of the main tools and powers available to the police and licensing authorities is set out in a practical guide10.
While much is being done to deal with those 2.13 individuals who cause or contribute to alcohol-related crime and disorder, the Government considers that those selling alcohol need to play a greater role in addressing the problem.
Last year the Government carried out an 2.14 independent review11 which found that many retailers are not abiding by their own voluntary standards12 for responsible selling and marketing of alcohol; and that the voluntary nature of the standards meant that they are not having an impact on reducing crime and disorder or on reducing harms from alcohol more widely. Following this review, the Department of Health issued a consultation13 seeking views on whether the Government should introduce a code of mandatory conditions for the alcohol retail industry.
That consultation received over 2,000 responses, 2.15 with the vast majority (90%) being in support of a mandatory code for the alcohol industry14. When asked about the most important issues that needed to be addressed in an alcohol retailing code, of those who responded to the question, unprompted responses covered: restrictions on alcohol promotions; proof of age schemes; requirements to sell the smallest measure; mandatory standards; compulsory training; ending cut-price promotions; providing information at point-of-sale; and ensuring that water and soft drinks are available at cheaper prices.
18
12
Licensing legislation is not intended to be the 2.21 primary mechanism for the general control of individuals once they are away from licensed premises and therefore beyond the direct control of individual licensees or certificate holders. Such control is a matter for other legislation such as those relating to antisocial behaviour, criminal damage and violent crime.
Currently where individual premises are 2.22 directly contributing to a breach of one or more of the licensing objectives, then conditions may be placed upon their licence to deal with the problem, following a review of the licence and representations made by certain groups such as police or local residents. Ultimately, failure to comply with any conditions attached to a licence or certificate is a criminal offence, which, on conviction, would be punishable by a fine of up to £20,000, or up to six months imprisonment, or both.
tHE LICENSING ACt ANd GrOuPS OF PrEmISES
The principal legislative framework for ensuring 2.20 that licensed premises are run in a responsible way is the Licensing Act 2003. The Licensing Act provides a clear focus on the promotion of four statutory objectives which must be followed by premises when selling alcohol (for licensed premises such as pubs, nightclubs, supermarkets, off-licences, village halls, hotels and restaurants etc.) or supplying alcohol (for members’ clubs such as sports and social clubs, the Royal British Legion and working men’s clubs etc.).
The four statutory licensing objectives:
l the prevention of crime and disorder;
l public safety;
l the prevention of public nuisance; and
l the protection of children from harm.
19
13
15 HM Government (2008) Policing and Crime Bill.
Any condition applied to a group of premises will 2.28 have to apply equally to each of the premises within that group. This will allow licensing authorities to rapidly tackle those premises that are contributing to nuisance and disorder.
FOOD SAFETY ACT REGULATIONSIn addition, a new requirement is being proposed 2.29 through the Food Safety Act 1990 to ensure that those retailing alcohol must display alcohol unit content information for a representative sample of drinks, and that off-trade premises must also display health information. An important element of the Government’s Alcohol Strategy is to raise awareness of alcohol units, to enable consumers to estimate their own consumption of alcohol better. It is equally an objective to raise understanding of the health risks resulting from excessive drinking, both those from regular drinking and binge drinking on single occasions. As this objective is directly related to the wider aims of health improvement, it is more appropriate to achieve this aim through separate regulations under the Food Safety Act, rather than through the Licensing Act.
There is confusion amongst the general public 2.30 about the number of units in different drinks and the current guidelines on consumption. In this situation, it is difficult for customers to make informed choices and to regulate their alcohol intake so as to protect their own health and reduce the likelihood of intoxication. There is clear scope for improving customer knowledge and awareness of alcohol units and the risks of alcohol consumption.
However, it is more likely that a premises in breach 2.23 of its licensing conditions will have those conditions reviewed by the local licensing authority, and have tougher conditions imposed, the designated premises supervisor removed, or the licence suspended or revoked. This process, and the threat of a suspension or revocation of the licence, can have a powerful deterrent effect.
While the Licensing Act can be a very useful tool 2.24 for dealing with individual premises that are causing crime and disorder, it is not designed to deal with groups of licensed premises, or with problems occurring in public places which are not easily attributable to an individual premises but are linked to a number of licensed premises collectively.
NExt StEPSTHE POLICING AND CRIME BILL
Recognising that the Licensing Act was not 2.25 designed to deal with groups of premises that might collectively contribute to alcohol-related crime and disorder, the Government announced in December 2008 that legislation would be introduced in the Policing and Crime Bill15 to address this. The Bill is currently being debated in Parliament.
Subject to the Bill being passed by Parliament, it 2.26 will give the Home Secretary the power to impose up to nine mandatory licensing conditions on any new or existing premises that is licensed to sell or supply alcohol.
The Bill also gives licensing authorities the powers 2.27 to impose licensing conditions on two or more existing premises licences in its area if, in the case of each of the premises concerned, the licensing authority considers that there has been alcohol-related nuisance or disorder on or near the premises that would be mitigated or prevented by the conditions they impose.
20
14
The code will be broken down into four distinct sections:
l mandatory conditions that will apply nationally to new and existing alcohol licences;
l point-of-sale alcohol unit content and health information, a requirement through the Food Safety Act;
l discretionary local conditions that can be applied at local level by licensing authorities to groups of two or more licensed premises in their area experiencing particular problems; and
l guidance that will support the effective implementation of national and local conditions and requirements and promote wider good practice in the area of social responsibility.
While the primary aim of the code will be to ensure 2.35 premises fully promote the four licensing objectives and improve the information given to consumers, we consider that the component parts of the code will address a series of distinct aims to:
l put a stop to promotions and activities that encourage people to drink irresponsibly, which, in turn, creates a greater risk of crime and disorder and a threat to public safety;
l give customers the information and choices they need to ensure that they can drink responsibly and in ways that do not damage health;
l protect children from harm by strengthening the response for preventing the sale and/or supply of alcohol to under-18s;
l ensure the responsible management of licensed premises to minimise the likelihood of crime, nuisance and disorder; and
l ensure the safety of members of the public in and around licensed premises.
Enabling the public to understand the links 2.31 between the alcohol unit content of different drinks, and the risks to health of excessive drinking and binge drinking would also help to avoid the risks of crime and antisocial behaviour associated with drunkenness. It is therefore appropriate to take forward this proposal alongside the new mandatory licensing conditions, so that licensed businesses have clarity about the Government’s expectations of them across the whole Alcohol Strategy.
We propose to make regulations under the Food 2.32 Safety Act 1990 to require all licensed premises where alcohol is for sale to display information about the alcohol unit content of drinks offered for sale. In addition, off-trade premises would be expected to display health guidelines about regular consumption and information about the health risks of regular excessive drinking and binge drinking and the risks of drinking alcohol during pregnancy. The impact assessment for this consultation shows that only a very small reduction in the level of alcohol consumption (0.0012%) is needed in order to balance out the costs to business of complying with the requirements.
A NEW COdE FOr tHE rESPONSIBLE rEtAILING OF ALCOHOL
The new code of practice for alcohol retailers will 2.33 raise standards, promote the four licensing objectives and ensure the provision of information for consumers related to alcohol and health.
This approach should contribute to reducing the 2.34 prevalence of binge drinking and excessive drunkenness which often leads to crime and disorder. Therefore, we expect that the application of the code will result in a reduction in alcohol-related crime and disorder and an improvement in public safety in and around licensed premises. The licensing conditions in the code should not greatly affect the majority of businesses, small or large, but will target the minority who behave irresponsibly.
21
15
l To avoid any suggestion that drinking alcohol can enhance social, sexual, physical, mental, financial or sporting performance, or conversely that a decision not to drink may have the reverse effect.
l To ensure their staff and those of companies acting on their behalf are fully aware of these Standards and are trained in their application in their own areas of responsibility.
l To ensure that all company policies work to support these standards.
tHE CONSuLtAtION PrOCESSThis consultation runs for 12 weeks from 13th May 2.38 to 5th August 2009 and covers England and Wales, where the code will apply. This document sets out the issues and the case for further action; presents a set of firm proposals for mandatory conditions that would apply to all relevant new and existing alcohol licences; complementary proposals for national requirements under the Food Safety Act 1990; a range of possible permitted conditions that would be applied by local licensing authorities to groups of two or more licensed premises in an area experiencing particular problems; and presents some proposals for further action. It then sets out the proposed process for implementation and enforcement.
In preparation of the possible conditions outlined 2.39 here, the Government has already consulted a number of key stakeholders, including holding eight meetings with over 50 stakeholders from the on and off trade, alcohol producers, police and local authorities, health, voluntary and community sectors and received 30 written pre-consultation responses from participants of these meetings.
This document does not specifically deal with the 2.36 issue of drinking and driving. However, the Government is discussing with the alcohol industry ways of co-operating more closely to combat the problem. A working group led by the Department for Transport has been established to develop this initiative.
It is worth noting that this code is consistent with 2.37 the Alcohol Social Responsibility Principles set out in the alcohol industry’s Social Responsibility Standards. These are principles that alcohol retailers would be expected to observe and promote within their own areas of responsibility and in all their commercial activities. They should also be reflected in good practice guidance. They are set out in the following box.
ALCOHOL SOCIAL rESPONSIBILIty PrINCIPLES
l To promote responsible drinking and the ‘Sensible Drinking Message’.
l To avoid any actions that encourage or condone illegal, irresponsible or immoderate drinking such as drunkenness, drink driving or drinking in inappropriate circumstances.
l To take all reasonable precautions to ensure people under the legal purchase age cannot buy or obtain alcoholic drinks.
l To avoid any forms of marketing or promotion which have particular appeal to young people under the age of 18 in both content and context.
l To avoid any association with violent, aggressive, dangerous, illegal or antisocial behaviour.
l To make the alcoholic nature of their products clear and avoid confusion with non-alcoholic drinks.
22
16
16 Sheffield University (2008) Independent review of the effects of alcohol pricing and promotion. Summary of evidence to accompanying report on phase 1: Systematic Reviews. To download at: http://www.dh.gov.uk/en/consultations/closedconsultations/DH_086412
The Department of Health will commission 2.43 independent advice to look into certain key evidence gaps, for example, on the impact of any legislative interventions on price for industry; regional variations in the impact of price changes; and the effect on particular social groups. This work will draw on the research already done by Sheffield University16 to inform Government on the impact of alcohol pricing on alcohol-related harm, and any new work with a view to advising a set of options for Government to consider that best balance the costs and benefits to different groups.
In addition, the Government will work to build the 2.44 evidence base on the impact of the advertising and display of alcohol promotional offers (in the off-trade) on consumer choice and harm.
The Government has also decided at this stage not 2.45 to pursue measures to further restrict the marketing, promotion and display of promotional offers in the off-trade. However, over the coming 12 – 24 months the Government will examine what further work is needed in this area as the evidence base is not fully developed at present. We will build on what currently exists in terms of evidence and good practice to get a deeper understanding of the impact on consumer choice of the advertising and display of such promotions, and how that choice then impacts on harm in terms of health harm, harm from crime and disorder and harms to young people.
We will look at what is evidenced as effective at 2.46 both national (e.g. how central government could intervene) and local levels (e.g. the powers local areas could be given to tackle local problems).
ImPACt ASSESSmENtThe impact assessment which accompanies this 2.40 public consultation sets out further details of estimated potential benefits and costs for the proposed conditions. It has not been possible to quantify all of the expected costs and benefits of the proposals at this stage and we urge respondents to the consultation to supply any additional evidence they may have with regards to costs and benefits.
Where costs have been estimated, these estimates 2.41 should be viewed as indicative estimates only. All cost estimates are economic costs and not financial costs. A large proportion of the estimated costs are due to staff abstraction from other duties which will not necessarily have any financial impact. We will continue to assess the costs and benefits of these proposals and will publish a final impact assessment once the consultation responses have been analysed and the final content of the code of practice has been developed.
A COmmItmENt tO FuturE WOrk ON tHE ImPACt OF ALCOHOL PrICE ANd PrOmOtIONS ON HArm
As announced in December 2008, the Government 2.42 has decided not to proceed with any local or national measures concerning a minimum unit price. It will, however, look to develop further the evidence base in this area with a view to identifying concrete proposals for action which reduce irresponsible, harmful and/or binge drinking without impacting unduly on the majority of responsible drinkers.
23
17
17 HM Government (2007) Public Service Agreement 25: Reduce the harm caused by alcohol and drugs, and the National Alcohol Strategy, set out the aims to reduce the levels of alcohol-related violent crime, disorder and antisocial behaviour and to reduce the public’s perception of drunk and rowdy be-haviour as a problem in their area. This also links to Public Service Agreement 23: Making communities safer.
18 The accompanying impact assessment is available to download from http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/
Chapter 3: Mandatory licensing conditions
INtrOduCtIONThe Government has been clear that one of the 3.1 key functions of this code is to stamp out the irresponsible promotions that lead to people drinking more and faster than they otherwise might. This type of promotion is often aimed at young adults, particularly at the 18 – 24-year-old target group, who are most likely to binge drink. This group is responsible for a disproportionate amount of crime and disorder.
We also want consumers to be able to make more 3.2 informed choices about how much they wish to drink during a night out. All too often, people asking for a single measure of drink are told that only doubles are available. This also means that people are likely to drink more or faster than they otherwise might, which can also lead to increases in crime and disorder.
To tackle these types of irresponsible promotions 3.3 and practices and ensure that positive, responsible action is taken to reduce alcohol harms, by promoting the four licensing objectives, the Government is seeking views on a number of conditions which we consider should apply to all relevant licensed premises across England and Wales in one or more of the following three categories:
l on-trade – pubs, nightclubs, bars, restaurants, hotels, theatres, cinemas, village halls etc;
l off-trade – supermarkets, convenience stores, off-licences etc; and
l those with a qualifying club premises certificate – sports clubs, political clubs, members’ clubs etc.
Specifically, we wish to hear the public’s views on 3.4 how effective these conditions will be in reducing or preventing alcohol-related crime, disorder and antisocial behaviour in their area.
In addition, we are seeking views on proposed 3.5 requirements under the Food Safety Act to display alcohol unit information in all types of licensed premises; and to display information relating to alcohol and the health risks of excessive consumption in off-licensed premises.
We are interested in hearing views on whether these 3.6 conditions and proposals together are likely to make a positive contribution to your local community.17 We also seek views on whether any types of premises should be made exempt from the proposed mandatory conditions or national requirements.
ImPACt ASSESSmENtFinally, it is important to add that while the 3.7 conditions set out below will affect large numbers of premises, they are focused only on ruling out the most irresponsible practices of a minority or encouraging good practices that are already widespread. As such, they should not impose significant burdens on most responsible businesses and community organisations. The accompanying impact assessment18 sets out the likely costs of these proposals in more detail.
There may be some costs to business when 3.8 conditions are imposed, but this needs to be balanced against the cost to society if no action is taken to stop alcohol-related crime and disorder. Less serious wounding is the best proxy for alcohol-related violent crime, and the impact assessment for this consultation shows that a reduction of just 0.6% (approximately 2,646 offences) is needed in order for the benefits to outweigh the potential additional costs of the mandatory licensing conditions to business.
24
18
We will continue to revise these estimates 3.10 throughout the consultation and we encourage consultees to submit views and evidence on these partial estimates.
Tables 2 and 3 in the accompanying impact 3.9 assessment set out estimates of the costs of individual conditions in greater detail, however the costs presented in the impact assessment are initial estimates only. These are economic costs and may not necessarily represent a financial cost to these premises. For example, a large proportion of the estimated costs is staff abstraction for other duties. Furthermore, as some premises will be affected by some conditions and not others, it is not correct to simply sum the figures presented here. Based on the assumptions set out in the impact assessment, the estimated total economic cost of implementing the proposed mandatory licensing conditions and the requirements would be £28.8 million in the first year and £1.97 million in subsequent years.
25
19
At A GLANCE: Summary of mandatory licensing conditions and Food Safety Act requirements
Condition and Intention Applies to
1. Bans irresponsible promotions, such as ‘all you can drink for £10’ or speed drinking competitions, or any promotion that encourages the consumption of large quantities of alcohol or the rapid consumption of alcohol that could increase the risk of alcohol-related crime and disorder, public nuisance, and cause a risk to public safety.
On-trade and qualifying club premises certificate
2. Bans alcohol from being dispensed directly into the mouth of any customer, which encourages the type of excessive and irresponsible drinking that could increase the risk of alcohol-related crime and disorder, public nuisance, and risk to public safety.
On-trade and qualifying club premises certificate
3. Ensures that smaller measures (not smaller glass sizes) of alcohol are made available to customers to help them manage their alcohol consumption and reduce the risk of alcohol-related crime and disorder.
On-trade and qualifying club premises certificate
4. Ensures that free tap water is available to customers to help them manage their alcohol consumption and reduce the risk of alcohol-related crime and disorder.
On-trade and qualifying club premises certificate
5. Seeks to ensure that online or mail order alcohol retailers have robust age-verification systems in place to prevent underage sales.
Off-trade
Requirement and Intention Applies to
6. Through the Food Safety Act, ensuring that there is point-of-sale information visible to all customers of licensed premises about the unit content of a representative sample of drinks, and in the off-trade there is further information about health guidelines and risks.
Off-trade; on-trade; qualifying club premises certificate
26
20
19 T
he a
ccom
pany
ing
impa
ct a
sses
smen
t is
avai
labl
e to
dow
nloa
d fr
om h
ttp:
//w
ww.
hom
eoffi
ce.g
ov.u
k/ab
out-
us/h
avey
ours
ay/c
urre
nt-c
onsu
ltatio
ns/
Pr
OP
OS
Ed
mA
Nd
AtO
ry
LIC
EN
SIN
G C
ON
dIt
ION
S I
N F
uLL
Fur
ther
deta
ils of
ben
efits
and
costs
for c
ondi
tions
are
supp
lied
in th
e im
pact
asses
smen
t 19
Con
ditio
nA
pplie
s to
Why
do
it?
1. T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
20
03) s
hall
ensu
re th
at st
aff
of li
cens
ed p
rem
ises
mus
t not
car
ry o
ut (o
r arr
ange
or
par
ticip
ate
in) a
ny p
rom
otio
ns o
r act
iviti
es o
n th
e pr
emis
es fo
r the
pur
pose
of
prom
otin
g th
e su
pply,
sale
or c
onsu
mpt
ion
of a
lcoh
ol w
hich
enc
oura
ge th
e ir
resp
onsi
ble
drin
king
of
alco
hol,
incl
udin
g:l
Gam
es o
r oth
er a
ctiv
ities
that
requ
ire o
r enc
oura
ge (o
r are
des
igne
d to
re
quire
or e
ncou
rage
) ind
ivid
uals
to d
rink
a qu
antit
y of
alc
ohol
aga
inst
a ti
me
limit
(exc
ept f
or fi
nish
ing
alre
ady
purc
hase
d dr
inks
at c
losi
ng ti
me)
, or t
o dr
ink
as m
uch
alco
hol a
s the
y ca
n (w
heth
er w
ithin
a ti
me
limit
or o
ther
wis
e),
or w
hich
requ
ires o
r enc
oura
ges (
or is
des
igne
d to
requ
ire o
r enc
oura
ge)
indi
vidu
als t
o dr
ink
alco
hol i
rres
pons
ibly
;l
Prom
otio
ns fo
r fre
e or
dis
coun
ted
alco
hol t
o an
y gr
oup
that
is d
efine
d by
se
x, a
ge, a
ppea
ranc
e, v
ocat
ion,
dre
ss o
r num
bers
with
in th
e gr
oup.
Thi
s ex
clud
es a
ny p
rom
otio
n or
dis
coun
t tha
t is m
ade
with
a ta
ble
mea
l as d
efine
d Se
ctio
n 15
9 of
the
Lice
nsin
g A
ct 2
003;
l
Prov
idin
g un
limite
d or
uns
peci
fied
quan
titie
s of
alco
hol f
or a
fixe
d or
di
scou
nted
fee
whi
ch re
late
s to
alco
hol o
nly
offe
rs o
r alc
ohol
and
ent
ry to
the
prem
ises
off
ers;
l
Selli
ng o
r sup
plyi
ng a
lcoh
ol su
bjec
t to
cond
ition
s tha
t enc
oura
ge o
r rew
ard
(or a
re d
esig
ned
to e
ncou
rage
or r
ewar
d) th
e pu
rcha
se a
nd c
onsu
mpt
ion
of
alco
hol i
n on
e 24
hou
r per
iod
by th
e aw
ardi
ng o
f a
priz
e, in
clud
ing
the
awar
d of
free
gift
s or f
ree
alco
hol;
l
Selli
ng o
r sup
plyi
ng a
lcoh
ol fo
r fre
e or
at a
dis
coun
ted
pric
e de
pend
ent u
pon
the
occu
rren
ce o
r non
-occ
urre
nce
of u
npre
dict
able
eve
nts o
ccur
ring
or
bein
g vi
ewed
on
the
prem
ises
; and
l
Prom
otio
ns o
n th
e pr
emis
es, o
ther
than
thos
e al
read
y co
vere
d by
the
Com
mitt
ee o
f A
dver
tisin
g Pr
actic
e (C
AP)
and
the
Bro
adca
st C
omm
ittee
of
Adv
ertis
ing
Prac
tice
(BC
AP)
, adv
ertis
ing
code
s, fo
r the
sale
or s
uppl
y of
al
coho
l tha
t cou
ld b
e in
terp
rete
d as
con
doni
ng, e
ncou
ragi
ng o
r gla
mor
isin
g ir
resp
onsi
ble
drin
king
or d
runk
enne
ss o
r enc
oura
ging
ant
isoc
ial b
ehav
iour
; or
refe
rrin
g to
the
effe
cts o
f al
coho
l int
oxic
atio
n in
any
favo
urab
le m
anne
r.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
The
Gov
ernm
ent c
onsi
ders
that
thes
e ty
pes
of p
rom
otio
nal a
ctiv
ities
enc
oura
ge a
nd
cond
one
irre
spon
sibl
e dr
inki
ng b
ehav
iour
w
hich
can
all
too
ofte
n le
ad to
crim
e an
d di
sord
er o
r can
neg
ativ
ely
influ
ence
how
pe
ople
feel
abo
ut a
n ar
ea. T
his c
ondi
tion
wou
ld n
ot p
reve
nt ‘h
appy
hou
rs’,
man
y of
w
hich
may
be
run
and
man
aged
re
spon
sibl
y. W
e do
not
how
ever
wis
h to
pr
even
t act
iviti
es th
at a
re c
onsi
sten
t with
re
spon
sibl
e dr
inki
ng. W
e w
elco
me
com
men
ts a
nd id
eas o
n ho
w to
pre
vent
this
co
nditi
on fr
om b
eing
circ
umve
nted
and
on
prev
entin
g ac
cept
able
pra
ctic
es fr
om b
eing
ca
ught
uni
nten
tiona
lly.
27
21
Con
ditio
nA
pplie
s to
Why
do
it?
2. T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
Sec
tion
153(
4)
of th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at a
lcoh
ol is
not
di
spen
sed
dire
ctly
into
the
mou
th o
f an
y cu
stom
er b
y an
y m
embe
r of
staf
f w
orki
ng a
t a li
cens
ed p
rem
ises
. Dev
ices
fo
r dis
pens
ing
alco
hol i
n th
is w
ay m
ust n
ot b
e pr
ovid
ed
to c
usto
mer
s or b
e pe
rmitt
ed to
be
used
for s
o di
spen
sing
al
coho
l on
the
prem
ises
.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
The
Gov
ernm
ent i
s con
cern
ed a
bout
pub
s and
clu
bs e
mpl
oyin
g pe
ople
to d
ispe
nse
alco
hol,
typi
cally
shot
s of
spiri
ts, d
irect
ly in
to
the
mou
ths o
f cu
stom
ers.
Thi
s typ
e of
act
ivity
is c
lear
ly li
nked
to
peop
le d
rinki
ng e
xces
sivel
y an
d qu
ickl
y, w
hich
in tu
rn m
akes
th
em m
ore
likel
y to
com
mit
crim
e, d
isor
der o
r beh
ave
antis
ocia
lly.
3. T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4)
of th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at, i
f so
ld fo
r co
nsum
ptio
n on
the
prem
ises
, alc
ohol
ic d
rinks
of
the
kind
s ref
erre
d to
bel
ow m
ust b
e av
aila
ble
and
offe
red
for
sale
or s
uppl
y in
the
mea
sure
s sta
ted.
The
se m
easu
res a
re
base
d on
the
stan
dard
qua
ntiti
es sp
ecifi
ed in
exi
stin
g W
eigh
ts a
nd M
easu
res l
egis
latio
n:l b
eer,
lage
r or c
ider
: ½ p
int;
l g
in, r
um, v
odka
or w
hisk
y: 2
5ml o
r 35
ml;
and
l s
till w
ine
in a
gla
ss: 1
25m
l (ex
cept
whe
re a
win
e is
onl
y so
ld b
y th
e bo
ttle)
.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
Thi
s con
ditio
n w
ould
stop
the
prac
tice
of o
nly
offe
ring
larg
e gl
asse
s of
win
e, d
oubl
e m
easu
res o
f sp
irits
or p
ints
of
beer
/ci
der.
It w
ould
mea
n gr
eate
r con
sum
er c
hoic
e w
hen
deci
ding
ho
w m
uch
they
wis
h to
drin
k. It
wou
ld n
ot p
reve
nt o
ther
m
easu
res b
eing
off
ered
, suc
h as
pin
ts o
f be
er, l
ager
or c
ider
, or
250m
l of
still
win
e, a
lthou
gh a
ny m
easu
res o
ffer
ed m
ust c
ompl
y w
ith W
eigh
ts a
nd M
easu
res l
egis
latio
n.A
pre
sent
, pre
mis
es m
ay c
hoos
e w
heth
er to
pro
vide
spiri
ts in
m
easu
res o
f 25
ml o
r 35m
l or m
ultip
les t
here
of, a
nd a
re
spec
ifica
lly p
rohi
bite
d fr
om u
sing
bot
h.
It is
inte
nded
that
this
con
ditio
n w
ould
not
app
ly in
resp
ect o
f:l
drin
ks th
at a
re p
re-p
acka
ged
for s
ale
in se
aled
con
tain
ers;
and
l
cock
tails
that
incl
ude
3 or
mor
e di
ffer
ent d
rinks
(exc
ludi
ng
ice)
.T
his c
ondi
tion
wou
ld n
ot re
quire
lice
nsed
pre
mis
es to
pur
chas
e ne
w g
lass
war
e, b
ut d
oes,
unde
r exi
stin
g le
gisl
atio
n, re
quire
the
use
of a
n ap
prov
ed m
easu
re. T
here
is a
cho
ice
as to
how
this
is
achi
eved
, and
pre
mis
es m
ay u
se a
mea
sure
d op
tic, a
mea
sure
d pu
mp,
a g
over
nmen
t-st
ampe
d m
easu
re o
r a g
over
nmen
t-st
ampe
d gl
ass.
28
22
Con
ditio
nA
pplie
s to
Why
do
it?
4. T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4)
of th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at fr
ee ta
p w
ater
is p
rovi
ded
on re
ques
t to
cust
omer
s whe
re it
is
reas
onab
ly a
vaila
ble.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
Adv
ice
and
guid
ance
on
how
to re
duce
the
harm
s ass
ocia
ted
with
dr
inki
ng a
lcoh
ol o
ften
adv
ise
peop
le to
drin
k w
ater
alo
ngsi
de
alco
holic
drin
ks, o
r to
alte
rnat
e be
twee
n an
alc
ohol
ic d
rink
and
a so
ft d
rink,
in o
rder
to p
reve
nt in
toxi
catio
n an
d th
eref
ore
redu
ce
the
risk
of b
eing
invo
lved
in c
rime
and
diso
rder
. We
cons
ider
that
cu
stom
ers s
houl
d be
giv
en th
e ch
ance
to d
rink
a no
n-al
coho
lic
drin
k fo
r fre
e in
ord
er to
pre
vent
or m
itiga
te in
toxi
catio
n an
d th
e as
soci
ated
eff
ects
. The
vas
t maj
ority
of
prem
ises
alre
ady
do o
ffer
fr
ee ta
p w
ater
and
som
e la
te-n
ight
ven
ues a
lread
y pr
oact
ivel
y ha
ve a
supp
ly o
f fr
ee w
ater
ava
ilabl
e at
the
bar n
ear c
losi
ng ti
me.
T
his c
ondi
tion
sim
ply
ensu
res t
hat f
ree
tap
wat
er w
ill b
e av
aila
ble
whe
reve
r pos
sibl
e.
5. T
he G
over
nmen
t is c
omm
itted
to p
reve
ntin
g pe
ople
fr
om b
eing
abl
e to
pur
chas
e al
coho
l und
er th
e ag
e of
18,
th
roug
h a
num
ber o
f in
itiat
ives
, suc
h as
test
pur
chas
e ca
mpa
igns
of
licen
sed
prem
ises
and
supp
ortin
g th
e ad
optio
n of
Cha
lleng
e 21
or 2
5 Sc
hem
es. W
ith th
is in
m
ind,
we
wan
t to
ensu
re th
at th
ose
selli
ng a
lcoh
ol o
nlin
e or
by
mai
l ord
er h
ave
a cl
early
iden
tifiab
le a
nd ro
bust
pr
oces
s for
age
ver
ifica
tion
for t
hese
sale
s of
alco
hol.
T
his i
s a c
ompl
ex is
sue.
No
licen
ce is
requ
ired
in o
rder
to
sell
alco
hol o
nlin
e or
by
mai
l ord
er b
ecau
se th
e la
w
requ
ires i
nste
ad th
at th
e co
mpa
ny th
at h
as th
e w
areh
ouse
an
d de
liver
s the
alc
ohol
to th
e pu
rcha
ser m
ust h
old
the
licen
ce. T
here
are
als
o co
mpl
exiti
es re
gard
ing
the
loca
tion
in w
hich
thes
e ac
tiviti
es ta
ke p
lace
with
, for
exa
mpl
e, th
e pu
rcha
ser l
ivin
g in
one
are
a, th
e co
mpa
ny p
rovi
ding
the
onlin
e sa
les s
ervi
ce b
ased
in a
noth
er a
rea
and
the
dist
ribut
ing
war
ehou
se b
ased
in a
third
are
a an
d th
eref
ore
subj
ect t
o di
ffer
ent l
icen
sing
aut
horit
ies o
r eve
n le
gisl
atio
n (if
bas
ed o
utsi
de E
ngla
nd a
nd W
ales
).
Off
-tra
deIn
this
con
sulta
tion
we
invi
te e
vide
nce
and
sugg
estio
ns a
bout
ho
w to
ens
ure
robu
st a
ge v
erifi
catio
n fo
r onl
ine
and
mai
l ord
er
sale
s of
alco
hol.
The
leve
l of
unde
rage
alc
ohol
sale
s pur
chas
ed o
nlin
e or
by
mai
l or
der i
s unc
erta
in. B
ut th
ere
is a
risk
that
by
mak
ing
it m
ore
diffi
cult
for y
oung
peo
ple
to o
btai
n al
coho
l fro
m li
cens
ed
prem
ises
dire
ctly,
mor
e un
der 1
8s m
ay se
ek a
lcoh
ol in
this
way
. A
Man
dato
ry C
ondi
tion
wou
ld id
eally
requ
ire th
ose
who
sell
alco
hol o
nlin
e or
by
mai
l ord
er to
hav
e a
robu
st a
ge v
erifi
catio
n sc
hem
e in
pla
ce.
29
23
Food
Saf
ety
Act
req
uire
men
ts
Req
uire
men
tA
pplie
s to
Why
do
it?
6. P
oint
-of-
sale
info
rmat
ion
Off
-tra
de,
on-t
rade
and
qu
alify
ing
club
pr
emis
es
cert
ifica
te
We
prop
ose
to m
ake
regu
latio
ns u
nder
the
Food
Saf
ety
Act
199
0 to
requ
ire
licen
sed
prem
ises
to d
ispl
ay in
form
atio
n ab
out t
he a
lcoh
ol u
nit c
onte
nt o
f a
repr
esen
tativ
e sa
mpl
e of
drin
ks o
ffer
ed fo
r sal
e. In
add
ition
, off
-tra
de p
rem
ises
w
ould
be
requ
ired
to d
ispl
ay h
ealth
gui
delin
es a
bout
regu
lar c
onsu
mpt
ion
and
info
rmat
ion
abou
t the
hea
lth ri
sks o
f re
gula
r exc
essiv
e dr
inki
ng a
nd b
inge
dr
inki
ng a
nd th
e ris
ks o
f dr
inki
ng a
lcoh
ol d
urin
g pr
egna
ncy.
An
impo
rtan
t ele
men
t of
the
Gov
ernm
ent’s
Alc
ohol
Str
ateg
y is
to ra
ise
awar
enes
s of
alco
hol u
nits
and
hea
lth ri
sks o
f ex
cess
ive
drin
king
. It i
s ap
prop
riate
to a
chie
ve th
is a
im th
roug
h se
para
te re
gula
tions
und
er th
e Fo
od
Safe
ty A
ct, r
athe
r tha
n th
roug
h th
e Li
cens
ing
Act
, as t
he d
irect
obj
ectiv
e is
he
alth
impr
ovem
ent.
The
re is
con
fusi
on a
mon
gst t
he g
ener
al p
ublic
abo
ut th
e nu
mbe
r of
units
in
diff
eren
t drin
ks a
nd th
e cu
rren
t gui
delin
es o
n co
nsum
ptio
n. It
is d
ifficu
lt in
this
si
tuat
ion
for c
usto
mer
s to
mak
e in
form
ed c
hoic
es a
nd to
regu
late
thei
r alc
ohol
in
take
so a
s to
prot
ect t
heir
own
heal
th a
nd re
duce
the
likel
ihoo
d of
in
toxi
catio
n. T
here
is c
lear
scop
e fo
r im
prov
ing
cust
omer
kno
wle
dge
of
alco
hol u
nits
and
the
risks
of
alco
hol c
onsu
mpt
ion.
The
impa
ct a
sses
smen
t ac
com
pany
ing
this
con
sulta
tion
sets
out
that
onl
y a
very
smal
l red
uctio
n in
co
nsum
ptio
n is
nee
ded
to g
ener
ate
a ne
t ben
efit o
ver t
he c
osts
of
com
plyi
ng
with
the
requ
irem
ent.
The
re a
re a
lread
y a
num
ber o
f re
quire
men
ts fo
r lic
ence
ho
lder
s to
disp
lay
info
rmat
ion,
such
as t
he p
rem
ises
lice
nce,
for e
xit p
olic
ies,
food
safe
ty re
quire
men
ts e
tc. I
n ad
ditio
n, sm
alle
r pre
mis
es m
ay h
ave
diffi
culty
di
spla
ying
the
sign
age
due
to la
ck o
f av
aila
ble
spac
e. W
e w
ould
wel
com
e vi
ews
on w
heth
er a
ny ty
pes o
f pr
emis
es sh
ould
be
mad
e ex
empt
from
thes
e re
quire
men
ts, a
nd a
ny e
vide
nce
of th
e po
tent
ial c
osts
and
ben
efits
of
this
pr
opos
al.
Ena
blin
g th
e pu
blic
to u
nder
stan
d th
e lin
ks b
etw
een
the
alco
hol u
nit c
onte
nt
of d
iffer
ent d
rinks
and
the
risks
to h
ealth
of
exce
ssiv
e dr
inki
ng a
nd b
inge
dr
inki
ng sh
ould
hel
p to
avo
id th
e ris
ks o
f cr
ime
and
antis
ocia
l beh
avio
ur
asso
ciat
ed w
ith d
runk
enne
ss. I
t is,
ther
efor
e, a
ppro
pria
te to
take
forw
ard
this
pr
opos
al a
long
side
the
new
man
dato
ry li
cens
ing
cond
ition
s, so
that
lice
nsee
s ha
ve c
larit
y ab
out t
he G
over
nmen
t’s e
xpec
tatio
ns o
f th
em a
cros
s the
who
le
Alc
ohol
Str
ateg
y.
30
24
We propose that ‘visibly and legibly’ is defined as 3.14 being within sight of every point-of-sale in the on-trade (e.g. pubs, bars and clubs) and within sight of every display of alcohol stock offered for sale in the off-trade (e.g. shops and supermarkets). Regulations would need to set out, reinforced by explanation in guidance where needed, where requirements apply.
For the off-trade, Government has a voluntary 3.15 agreement with industry to show the unit content and health guidelines on labels for each bottle or container and this is not affected by this proposal. Compliance with this agreement is being monitored separately.
Under (a): We propose that unit information must 3.16 be provided for a representative sample of alcoholic drinks for which the price is displayed or provided in the on-trade. The Consumer Protection from Unfair Trading Regulations 2008 requires retailers to provide ‘material information’ to consumers, defined as ‘the information which the average consumer needs, according to context, to take an informed transactional decision’. The regulations then go on to say that, in the context of an invitation to purchase, price is material information. Displaying additional information on the alcohol unit content of drinks alongside price information should not create an undue burden.
A possible alternative approach would be to require 3.17 that unit information must be provided for a representative sample of drinks. This would be similar to the Food and Drinks Services Order 2003, which formerly required premises to display the price of 30 products. There would be a minimum requirement per category of drink.
Such a Regulation might also allow for flexibility in 3.18 implementation, provided that standards of accuracy, clarity and visibility are met, and that the prescribed information is used. For example, a premises selling several vodka brands at 40% alcohol by volume (ABV) need only state that 25 ml of vodka is equivalent to one unit of alcohol,
Under the new powers contained in the Policing 3.11 and Crime Bill, there is the ability to apply mandatory conditions to ‘all relevant premises or relevant premises of a particular description’. This gives the Home Secretary the ability to define what relevant premises are and to exclude certain types of premises. It is worth noting that licensed premises and premises with club premises certificates that supply alcohol is a very broad category, including: pubs, bars, restaurants, cafes, night clubs, university bars, casinos, supermarkets, small convenience stores, farm shops, gift shops, art galleries, museums, theatres, cinemas, hotels, holiday parks, bed and breakfasts, community-owned pubs, working men’s clubs, political clubs, the Royal British Legion, sports and leisure clubs, sports stadia, music venues, schools, church halls, village halls, community premises, village squares, licensed outside spaces and public land, farmers markets and others. This consultation seeks your views as to whether any types of premises should be made exempt from the national mandatory conditions and the national requirement for information at the point-of-sale.
POINt-OF-SALE rEquIrEmENtSIt is proposed that regulations require that:3.12
(a) for on- and off-trade premises, the UK unit content of a representative sample of alcoholic products must be visibly and legibly displayed to all customers buying alcohol and for off-trade premises; and
(b) for off-trade premises, information about the health risks of excessive regular drinking and binge drinking and drinking alcohol during pregnancy must be visibly and legibly displayed to all customers.
The additional requirement proposed for off-trade 3.13 premises both recognises practical limitations in the display of information in on-trade premises and focuses information where the majority of consumers buy alcohol, and particularly cheaper alcohol, in off-trade premises.
31
25
We are aware of the joint good practice initiative 3.22 by the Drinkaware Trust and the Wine and Spirits Trade Association in 2008 for information on sensible drinking to be displayed in the off-trade, including major supermarkets. We commend this initiative and would wish to ensure that our proposals will not impede such good practice initiatives, or future good practice initiatives of this nature. We welcome comments and suggestions from industry and others in this area.
CONSIdErAtION FOr FuturE ACtION: tHE SIZE OF SINGLE StANdArd SPIrIt mEASurES
In the proposed mandatory condition 3, on-trade 3.23 premises would be required to make single measures of spirits (i.e. gin, rum, vodka and whisky) available to customers. Weights and Measures legislation currently specifies that the smallest standard “single” serving for certain spirits can either be 25 ml or 35 ml, with licensed premises having to choose to serve either one or the other. We consider that there is potential to cause confusion for customers if, after introducing proposed condition 3, the smallest measure was not the same in every premises. We are therefore seeking views on whether there should be a change to the Weights and Measures legislation so that the smallest standard measure for spirits in England, Wales and Scotland would be the same in all on-trade premises. There are 3 options for consideration:
l 25 ml only;
l 35 ml only; or
l whether it should remain the choice of the individual licence holder to supply either 25 ml or 35 ml.
A consistently-sized single measure of spirits 3.24 across all on-trade premises would enable customers to more easily understand how much alcohol they have consumed.
It is difficult to predict with certainty how 3.25 customers used to one measure or the other may
rather than duplicate for each product. Similar concessions could be made for wine or beer products of similar strengths. There could also be options for unit information to be provided in different ways, for example, on posters, wine menus in restaurants, price lists, or alongside the ABV on beer pumps.
Under (b): Off-trade premises would also need to 3.19 provide information about the current guidelines on regular daily unit consumption and prescribed messages about the health risks of excessive alcohol consumption and drinking alcohol during pregnancy. This should follow a format and rules on size and placement prescribed by government. This would also include educational messages aimed at reducing binge drinking.
We propose standard wording such as:
Alcohol: Know Your LimitsDo not regularly exceed 3-4 units daily (for men)
and 2-3 units daily (for women)
For advice contact Drinkline, the national 24-hour helpline,
on 0800 917 82 82 or visit Drinkaware at www.drinkaware.co.uk.
We also propose to require the display of standard 3.20 messages concerning health risks consistent with the Department of Health ‘Know Your Limits’ unit campaign.
Comments are invited through this consultation on 3.21 the size and position of display to ensure that these signs are clear and visible, as well as on other possible approaches to providing unit and health information. The final requirement could stipulate the size and positioning of these signs.
32
26
react to any change. For example, customers used to the 35ml measure, if served 25ml measures, may reduce consumption or may be encouraged to switch to doubles; similarly in reverse, customers used to 25ml singles may consume more if served 35ml singles or switch from doubles to singles.
There would be initial costs for any on-trade 3.26 premises that were required to switch measure sizes as a result of any change in legislation. Any change in the current position would need an amendment to Weights and Measures regulations, and it should be noted that these also apply in Scotland, and so any decision would need to include consideration of the position in Scotland.
We invite consultees to give their views on the three 3.27 options, along with their reasons or any evidence of the potential impact.
CONSIdErAtION FOr FuturE ACtION: PrOHIBItING SALES BELOW duty PLuS VAt
We recognise that there is public concern about the 3.28 links between the availability of very low-price alcohol and health, crime and other harms; in particular with regards to supermarkets using ‘loss leaders’ to sell alcohol at below-cost price, or even at a price below the rate of duty and VAT paid on the product. We want to explore the principle of prohibiting retailers from offering alcohol for sale at prices below the level of the excise duty paid on the product plus the VAT due.
We know that in taking any final decision on 3.29 whether to prohibit sales below duty plus VAT, further research is needed to understand how this proposal would be most likely to impact on specific types of alcohol and whether such a measure would work in the way intended, supporting the Government’s strategy of reducing irresponsible, harmful and/or binge drinking without impacting unduly on the majority of responsible drinkers. We need to understand the potential impacts on health, public safety, consumers, business and competition, as well as the wider economy, so that we are
confident that this would be an effective and proportionate proposal. At this stage we are interested in consultees’ views and also invite respondents to reference or submit evidence that is relevant to whether such a proposal would help to meet the goals of the Government’s Alcohol Strategy.
The level of duty levied varies between different 3.30 types of alcohol and according to alcoholic strength, therefore the effect of this proposal would not be uniform but would vary according to particular products.
33
27
CONSuLtAtION quEStIONS ON tHE PrOPOSEd mANdAtOry LICENSING CONdItIONS
For the public:
l Do the proposed mandatory licensing conditions and the reasons for having them make sense to you?
l Can you see the benefits of restricting certain promotions in pubs, bars, and clubs to reduce levels of crime and disorder?
l Will these mandatory licensing conditions affect you? If so, how?
For licensing authorities, enforcement agencies and health bodies:
l Do you have any suggestions that will improve the proposed mandatory licensing conditions and requirements to reduce crime and disorder?
l Is the drafting of these mandatory licensing conditions explicit enough to capture the intended activities? If not, can you provide alternative wording that may be more effective?
For those who sell or supply alcohol:
l What do you think the impact (in terms of costs and benefits) of these mandatory licensing conditions will be on your business?
For all:
l Are there any of the mandatory licensing conditions that you would not wish to be made mandatory for licensed premises? If so, why?
l Would you support the requirements for licensed premises to have to display unit and health information? Are there any types of licensed premises that you feel should be exempt from the requirements? If so, which types and why?
l Are there any types of licensed premises that you feel should be exempted from one or more of the mandatory conditions? If so, which types and why?
CONSuLtAtION quEStIONS ON CONSIdErAtIONS FOr FuturE ACtION
For all:
l Do you think that weights and measures legislation should continue to allow individual licence-holders to choose whether to offer either 25 ml or 35 ml single measures of certain spirits (i.e. gin, rum, vodka and whisky) or do you think that all on-trade premises should be required to offer only single spirit measures of 25 ml? Or do you think that all on-trade premises should be required to only offer single spirit measures of 35 ml? Please explain your choice.
l Do you think that banning sales below the price level of excise duty plus VAT would be effective and proportionate in reducing irresponsible, harmful and/or binge drinking? Do you have evidence to support your view? What would be the potential costs and benefits of the impact on health, public safety, consumers, business and competition of introducing such a policy?
34
28
20 HM Government (2008) Policing and Crime Bill.21 The accompanying impact assessment is available to download from http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/
The following tables set out the list of licensing 4.5 conditions that we consider licensing authorities should be able to impose on two or more premises. However, we are keen to hear views on whether this list captures all the actions needed to tackle problems at a local level. We are also interested in hearing views on those conditions that should not appear in this list.
Chapter 5 explores in more detail how the 4.6 process for imposing these conditions might work in practice.
There may be some costs to individual businesses 4.7 if local conditions are imposed, but this needs to be balanced against the cost to society if no action is taken to stop alcohol-related nuisance and disorder. Further details are set out in the accompanying impact assessment21.
ImPACt ASSESSmENtThrough this consultation, we are inviting views on 4.8 whether these proposed discretionary local conditions will be effective in tackling local levels of alcohol-related nuisance, crime and disorder. We are also interested in how these conditions might impact on competition, responsible promotions, or whether there might be any unintended consequences.
These proposed conditions are based on existing 4.9 conditions that are currently applied by licensing authorities as part of an individual premises licence review. It is possible that some of the conditions may be more difficult than others to apply to groups of two or more premises (as factors such as layout, clientele and size will need to be taken into consideration).
INtrOduCtIONAs set out in Chapter 2, the Licensing Act can be a 4.1 very useful tool for dealing with individual premises that are causing crime and disorder but it is not designed to deal with problems occurring in public places which are not easily attributable to an individual premises but are linked to several premises.
In these circumstances, it is not always possible 4.2 to say that the activity of any one particular premises is the sole cause of the problem. This makes it much harder for the police and licensing authorities to take the actions necessary to tackle these problems.
To address this, through the Policing and Crime 4.3 Bill, we will be giving licensing authorities the power to impose licensing conditions on two or more premises in an area if they consider that:
l there has been nuisance to members of the public, or a section of the public, or disorder, on or near the premises;
l the nuisance or disorder is associated with the consumption of alcohol on the premises or supplied by the premises;
l there is likely to be a repetition of nuisance or disorder that is so associated; and
l it is appropriate to impose the conditions for the purposes of mitigating or preventing the nuisance or disorder concerned20.
The reason for specifying the above tests is to make 4.4 clear that licensing authorities will only be able to take action on two or more premises where there has been alcohol-related nuisance, crime and disorder associated with those premises. This is to ensure that only those premises that are actually contributing to the problems have additional conditions imposed upon them.
Chapter 4: Discretionary local licensing conditions
35
29
It will ultimately be a matter for licensing 4.10 authorities, having regard to the legislation and any guidance issued, to decide whether imposing one or more of these conditions is appropriate and proportionate for the purposes of tackling local levels of alcohol-related nuisance, crime and disorder.
The costs presented in Tables 4 and 5 in the 4.11 accompanying impact assessment are initial estimates of the costs to the directly affected premises (i.e. those that operate the practice or promotions in question) of complying with the proposed conditions. These are economic costs and may not necessarily represent a financial cost to these premises. For example, a large proportion of the estimated costs is staff abstraction for other duties. Furthermore, as some premises will be affected by some conditions and not others, it is not correct to simply sum the figures presented here. Based on the assumptions set out in the impact assessment the estimated total economic cost of implementing the proposed local discretionary conditions would be £37.5 million in the first year and £32.7 million in subsequent years. These figures are also based on an assumption that each condition is applied to 1% of premises and are applied for the full twelve months of the year.
It has not yet been possible to estimate the costs to 4.12 those premises who are indirectly affected by these conditions (e.g. costs of familiarisation and training in premises which currently do not operate irresponsible promotions) although we anticipate that most of these premises will face no additional costs. We will continue to revise these estimates throughout the consultation and we encourage consultees to submit views and evidence on these partial estimates.
36
30
At
A G
LAN
CE:
dis
cret
iona
ry L
ocal
Con
diti
ons
Sum
mar
y of
eac
h C
ondi
tion
and
its
Inte
ntio
nA
pplie
s to
1 B
ans t
he d
isco
unte
d sa
le o
f al
coho
l whe
re th
e di
scou
nt a
pplie
s at p
artic
ular
tim
es o
f th
e da
y or
wee
k, o
r is f
or le
ss th
an 7
2 co
ntin
uous
hou
rs in
du
ratio
n (e
.g. ‘
happ
y ho
urs’)
, dur
ing
perio
ds o
f tim
e m
ost a
ssoc
iate
d w
ith a
lcoh
ol-r
elat
ed n
uisa
nce
or d
isor
der (
i.e. e
veni
ngs a
nd w
eeke
nds)
to
help
to p
reve
nt n
uisa
nce
and
diso
rder
.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es c
ertifi
cate
2 B
ans t
he sa
le o
f al
coho
l at a
dis
coun
ted
pric
e w
here
the
disc
ount
app
lies a
ccor
ding
to w
heth
er th
e cu
stom
er h
as p
urch
ased
alc
ohol
at o
ther
lic
ense
d pr
emis
es in
one
24-
hour
per
iod
(e.g
. ‘pu
b cr
awl’
offe
rs) d
urin
g pe
riods
of
time
mos
t ass
ocia
ted
with
alc
ohol
-rel
ated
nui
sanc
e an
d di
sord
er (i
.e. e
veni
ngs a
nd w
eeke
nds)
to h
elp
to p
reve
nt c
rime
and
diso
rder
and
redu
ce th
e ris
k of
pub
lic n
uisa
nce.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es c
ertifi
cate
3 E
nsur
es th
at a
risk
revi
ew o
f th
e pr
emis
es is
car
ried
out b
y th
e lic
ence
hol
der,
and
a m
anag
emen
t pla
n is
put
in p
lace
whi
ch m
ust b
e ag
reed
w
ith th
e lic
ensi
ng a
utho
rity
and
then
regu
larly
revi
ewed
to h
elp
to p
reve
nt c
rime
and
diso
rder
, kee
p th
e pu
blic
safe
and
pre
vent
pub
lic n
uisa
nce.
On-
trad
e, o
ff-t
rade
and
qua
lifyi
ng
club
pre
mis
es c
ertifi
cate
4 E
nsur
es th
e re
gula
r col
lect
ion
of e
mpt
y or
aba
ndon
ed g
lass
es d
urin
g pe
riods
of
time
mos
t ass
ocia
ted
with
alc
ohol
-rel
ated
crim
e an
d di
sord
er
(i.e.
eve
ning
s and
wee
kend
s) to
hel
p to
pre
vent
nui
sanc
e or
dis
orde
r.O
n-tr
ade
and
qual
ifyin
g cl
ub
prem
ises
cer
tifica
te
5 B
ans t
he se
rvin
g of
alc
ohol
in g
lass
con
tain
ers d
urin
g pe
riods
of
time
mos
t ass
ocia
ted
with
alc
ohol
-rel
ated
nui
sanc
e or
dis
orde
r (i.e
. eve
ning
s an
d w
eeke
nds)
to h
elp
to p
reve
nt n
uisa
nce
or d
isor
der.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es c
ertifi
cate
6 St
ops c
usto
mer
s lea
ving
lice
nsed
pre
mis
es w
ith u
nsea
led
glas
s con
tain
ers d
urin
g pe
riods
of
time
mos
t ass
ocia
ted
with
alc
ohol
-rel
ated
nui
sanc
e or
dis
orde
r (i.e
. eve
ning
s and
wee
kend
s) to
hel
p to
pre
vent
nui
sanc
e or
dis
orde
r.O
n-tr
ade
and
qual
ifyin
g cl
ub
prem
ises
cer
tifica
te
7 E
nsur
es th
at to
ilets
are
che
cked
regu
larly
dur
ing
perio
ds o
f tim
e m
ost a
ssoc
iate
d w
ith a
lcoh
ol-r
elat
ed n
uisa
nce
and
diso
rder
(i.e
. eve
ning
s and
w
eeke
nds)
to h
elp
to p
reve
nt n
uisa
nce
and
diso
rder
.O
n-tr
ade
and
qual
ifyin
g cl
ub
prem
ises
cer
tifica
te
8 E
nsur
es th
at S
ecur
ity In
dust
ry A
utho
rity
licen
sed
door
staf
f co
nduc
t che
cks f
or w
eapo
ns a
nd d
rugs
and
man
age
adm
issi
ons t
o lic
ense
d pr
emis
es d
urin
g pe
riods
of
time
mos
t ass
ocia
ted
with
alc
ohol
-rel
ated
nui
sanc
e or
dis
orde
r (i.e
. eve
ning
s and
wee
kend
s) to
hel
p to
pre
vent
nu
isan
ce o
r dis
orde
r and
kee
p th
e pu
blic
safe
.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es c
ertifi
cate
9 E
nsur
es th
at a
n in
cide
nt re
cord
is m
aint
aine
d to
kee
p po
lice
and
licen
sing
aut
horit
ies i
nfor
med
and
to h
elp
to p
reve
nt fu
ture
nui
sanc
e or
di
sord
er.
On-
trad
e, o
ff-t
rade
and
qua
lifyi
ng
club
pre
mis
es c
ertifi
cate
10
Ens
ures
the
prep
arat
ion
and
impl
emen
tatio
n of
a d
ispe
rsal
pol
icy
for a
lice
nsed
pre
mis
es in
con
sulta
tion
with
pol
ice
and
licen
sing
aut
horit
ies
to h
elp
to p
reve
nt n
uisa
nce
or d
isor
der a
nd h
elp
peop
le to
get
hom
e sa
fely.
On-
trad
e, o
ff-t
rade
and
qua
lifyi
ng
club
pre
mis
es c
ertifi
cate
11
Ens
ures
that
CC
TV
is in
ope
ratio
n du
ring
perio
ds o
f tim
e m
ost a
ssoc
iate
d w
ith a
lcoh
ol-r
elat
ed n
uisa
nce
or d
isor
der (
i.e. e
veni
ngs a
nd
wee
kend
s) to
hel
p to
pre
vent
nui
sanc
e or
dis
orde
r.O
n-tr
ade,
off
-tra
de a
nd q
ualif
ying
cl
ub p
rem
ises
cer
tifica
te
12
Ens
ures
the
disp
lay
of in
form
atio
n to
cus
tom
ers o
n th
e lo
catio
n of
loca
l pub
lic tr
ansp
ort l
inks
and
tele
phon
e nu
mbe
rs fo
r loc
al li
cens
ed ta
xi
com
pani
es to
get
peo
ple
hom
e sa
fely
and
pre
vent
pot
entia
l nui
sanc
e or
dis
orde
r.O
n-tr
ade
and
qual
ifyin
g cl
ub
prem
ises
cer
tifica
te
13
Ens
ures
the
prov
isio
n of
a d
irect
tele
phon
e lin
e to
loca
l lic
ense
d ta
xi c
ompa
nies
to g
et p
eopl
e ho
me
safe
ly a
nd p
reve
nt p
oten
tial n
uisa
nce
or
diso
rder
.O
n-tr
ade,
off
-tra
de a
nd q
ualif
ying
cl
ub p
rem
ises
cer
tifica
te
14
Ens
ures
that
a se
nior
mem
ber o
f st
aff,
toge
ther
with
any
doo
r sup
ervi
sors
, mai
ntai
ns a
live
text
or r
adio
pag
er li
nk fo
r ins
tant
com
mun
icat
ion
with
loca
l pol
ice
to fa
cilit
ate
a ra
pid
resp
onse
to a
ny n
uisa
nce
or d
isor
der.
On-
trad
e, o
ff-t
rade
and
qua
lifyi
ng
club
pre
mis
es c
ertifi
cate
15
Ens
ures
that
a ‘C
halle
nge
21’ s
chem
e is
in o
pera
tion
to re
duce
und
erag
e sa
les o
f al
coho
l and
pre
vent
pot
entia
l nui
sanc
e or
dis
orde
r.O
n-tr
ade,
off
-tra
de a
nd q
ualif
ying
cl
ub p
rem
ises
cer
tifica
te
16
Ens
ures
that
bul
k di
scou
nts c
anno
t be
offe
red
durin
g st
ipul
ated
tim
es.
Off
-tra
de
37
31
22 T
he a
ccom
pany
ing
impa
ct a
sses
smen
t is
avai
labl
e to
dow
nloa
d fr
om h
ttp:
//w
ww.
hom
eoffi
ce.g
ov.u
k/ab
out-
us/h
avey
ours
ay/c
urre
nt-c
onsu
ltatio
ns/
dIS
Cr
EtI
ON
Ar
y L
OC
AL
LIC
EN
SIN
G C
ON
dIt
ION
S I
N F
uLL
Fur
ther
deta
ils of
the b
enefi
ts an
d co
sts a
ssocia
ted w
ith th
ese co
nditi
ons a
re se
t out
in th
e acco
mpa
nyin
g im
pact
asses
smen
t22
Con
diti
onA
pplie
s to
Why
Do
It?
1 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at a
lcoh
ol is
not
su
pplie
d, so
ld o
r off
ered
for s
ale
at a
dis
coun
ted
pric
e w
here
the
disc
ount
app
lies a
t par
ticul
ar ti
mes
of
the
day
or
wee
k, o
r is f
or le
ss th
an 7
2 co
ntin
uous
hou
rs in
dur
atio
n (e
.g. ‘
happ
y ho
urs’)
, dur
ing
one
of th
e fo
llow
ing
perio
ds:
(i)
wee
kend
eve
ning
s – fr
om 5
pm to
clo
sing
tim
e on
Fr
iday
, Sat
urda
y an
d Su
nday
;(ii
) ev
enin
gs –
from
5pm
to c
losi
ng ti
me
ever
y da
y;(ii
i w
eeke
nds –
from
5pm
on
Frid
ay to
6am
on
the
follo
win
g M
onda
y; o
r(iv
) eve
ning
s – fr
om 5
pm to
clo
sing
tim
e –
and
wee
kend
s –
from
5pm
on
Frid
ay to
6am
on
the
follo
win
g M
onda
y.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
Whi
le w
e ac
cept
that
mos
t hap
py h
ours
are
run
resp
onsi
bly
(whi
ch is
why
we
are
not a
ddre
ssin
g th
em a
t a n
atio
nal l
evel
in
the
man
dato
ry c
ondi
tions
) the
re a
re li
kely
to b
e so
me
that
are
no
t.In
are
as w
ith a
larg
e nu
mbe
r of
licen
sed
prem
ises
all
com
petin
g fo
r cus
tom
ers,
it is
like
ly th
at p
rom
otio
nal
activ
ities
will
be
aim
ed a
t get
ting
lots
of
peop
le in
to p
rem
ises
an
d se
lling
ver
y la
rge
quan
titie
s of
disc
ount
ed a
lcoh
ol. A
s thi
s ty
pe o
f ac
tivity
can
lead
to n
uisa
nce
or d
isor
der,
we
thin
k it
is
appr
opria
te th
at li
cens
ing
auth
oriti
es h
ave
the
abili
ty to
re
stric
t hap
py h
ours
in th
ose
prem
ises
that
are
con
trib
utin
g to
pr
oble
ms.
2 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at a
lcoh
ol is
not
su
pplie
d, so
ld o
r off
ered
for s
ale
at a
dis
coun
ted
pric
e w
here
the
disc
ount
app
lies a
ccor
ding
to w
heth
er th
e cu
stom
er h
as p
urch
ased
alc
ohol
at,
or a
ttend
ed, o
ther
lic
ense
d pr
emis
es in
one
24-
hour
per
iod
(e.g
. ‘pu
b cr
awl’
offe
rs) d
urin
g on
e of
the
follo
win
g pe
riods
:(i)
w
eeke
nd e
veni
ngs –
from
5pm
to c
losi
ng ti
me
on
Frid
ay, S
atur
day
and
Sund
ay;
(ii)
even
ings
– fr
om 5
pm to
clo
sing
tim
e ev
ery
day;
(iii)
wee
kend
s – fr
om 5
pm o
n Fr
iday
to 6
am o
n th
e fo
llow
ing
Mon
day;
(iv) e
veni
ngs –
from
5pm
to c
losi
ng ti
me
– an
d w
eeke
nds
– fr
om 5
pm o
n Fr
iday
to 6
am o
n th
e fo
llow
ing
Mon
day;
or
(v)
at a
ny ti
me.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
Whi
lst w
e ex
pect
that
mos
t pub
cra
wls
are
run
in a
re
spon
sibl
e w
ay (w
hich
is w
hy w
e ar
e no
t add
ress
ing
them
at a
na
tiona
l lev
el in
the
man
dato
ry c
ondi
tions
), th
ere
are
likel
y to
be
som
e th
at a
re n
ot in
cer
tain
are
as.
Whe
re li
cens
ing
auth
oriti
es h
ave
evid
ence
of
pub
craw
ls
bein
g ru
n an
d co
ntrib
utin
g to
loca
l dis
orde
r, th
ey w
ill b
e ab
le
to ta
ke a
ctio
n to
pre
vent
futu
re o
ccur
renc
es.
38
32
Con
diti
onA
pplie
s to
Why
Do
It?
3 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at:
3a)
a ris
k re
view
for t
he p
rem
ises i
s car
ried
out a
nd c
over
s:l
the
num
ber o
f in
cide
nts o
f vi
olen
ce, a
lcoh
ol-
rela
ted
diso
rder
or c
rimin
al a
ctiv
ity fo
r the
pr
evio
us si
x m
onth
s;l
the
num
ber o
f tim
es th
e po
lice
and
ambu
lanc
e se
rvic
es w
ere
calle
d to
resp
ond
to in
cide
nts
with
in th
e pr
evio
us si
x m
onth
s; an
dl
any
mea
sure
s in
plac
e to
miti
gate
the
likel
ihoo
d of
bre
achi
ng th
e fo
ur li
cens
ing
obje
ctiv
es.
3b)
a co
py o
f th
e ris
k re
view
mus
t be
prov
ided
on
requ
est
to a
n au
thor
ised
per
son
(as d
efine
d in
par
t 3, s
ectio
n 13
of
the
Lice
nsin
g A
ct 2
003)
or c
onst
able
.3c
) th
e pr
emis
es m
ust p
ut in
pla
ce a
man
agem
ent p
lan,
ag
reed
with
the
licen
sing
aut
horit
y, to
add
ress
the
prob
lem
s hig
hlig
hted
by
the
risk
revi
ew.
3d)
the
risk
revi
ew a
nd m
anag
emen
t pla
n m
ust b
e re
view
ed e
very
(app
ly o
ne o
f th
e fo
llow
ing)
:3
mon
ths;
(i)
6 m
onth
s; an
d(ii
) 12
mon
ths.
(iii)
On
trad
e, o
ff-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
By
mai
ntai
ning
an
up-t
o-da
te ri
sk re
view
for e
ach
one
of a
gr
oup
of p
rem
ises
, lic
ensi
ng a
nd re
spon
sibl
e au
thor
ities
can
bu
ild u
p a
bette
r pic
ture
of
the
type
s of
risks
rela
ted
to
nuis
ance
and
dis
orde
r tha
t occ
ur in
a g
roup
of
prem
ises
an
d us
e th
is to
impr
ove
thei
r ow
n re
spon
ses t
o th
ese
risks
in
futu
re.
Thi
s als
o en
cour
ages
par
tner
ship
wor
king
bet
wee
n th
e pr
emis
es, t
he li
cens
ing
auth
ority
and
the
polic
e.T
his p
rovi
sion
wou
ld a
lso
allo
w so
me
flexi
bilit
y in
app
lyin
g ce
rtai
n co
nditi
ons.
Hav
ing
cond
ucte
d a
risk
revi
ew, t
he
mea
sure
s in
the
man
agem
ent p
lan
coul
d be
tailo
red
to th
e pr
oble
ms i
n th
at p
artic
ular
pre
mis
es a
nd c
an ta
ke in
to
acco
unt t
he n
atur
e of
the
prem
ises
(lay
out,
open
ing
hour
s et
c.).
Thi
s wou
ld e
nsur
e th
at th
e m
easu
res a
pplie
d ar
e pr
opor
tiona
te a
nd ta
rget
ed.
39
33
23 B
ritis
h C
rime
Surv
ey 2
007/
08.
Con
diti
onA
pplie
s to
Why
Do
It?
4 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at e
mpt
y or
ab
ando
ned
glas
ses a
nd b
ottle
s are
col
lect
ed a
nd c
lear
ed
away
eve
ry (a
pply
one
of
the
follo
win
g):
4a)
30 m
inut
es;
4b)
45 m
inut
es; o
r4c
) 60
min
utes
.
To a
pply
at o
ne o
f th
e fo
llow
ing
times
:w
eeke
nd e
veni
ngs –
from
5pm
to c
losi
ng ti
me
on
(i)
Frid
ay, S
atur
day
and
Sund
ayev
enin
gs –
from
5pm
to c
losi
ng ti
me
ever
y da
y(ii
) w
eeke
nds –
from
5pm
on
Frid
ay to
6am
on
the
(iii)
follo
win
g M
onda
yev
enin
gs –
from
5pm
to c
losi
ng ti
me
– an
d (iv
) w
eeke
nds –
from
5pm
on
Frid
ay to
6am
on
the
follo
win
g M
onda
y4d
) a
reco
rd sh
all b
e ke
pt a
nd p
rovi
ded
on re
ques
t to
an
auth
oris
ed p
erso
n (a
s defi
ned
part
3, s
ectio
n 13
of
the
Lice
nsin
g A
ct 2
003)
or a
con
stab
le.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
The
rate
of
viol
ent c
rimes
that
invo
lve
glas
ses/
glas
s bot
tles i
n an
d ar
ound
pub
s and
clu
bs is
wor
ryin
gly
high
, with
87,
000
glas
s and
bot
tle re
late
d vi
olen
t inc
iden
ts re
sulti
ng in
inju
ry in
20
07/0
823. I
n or
der t
o re
duce
the
inci
denc
e of
this
pro
blem
, th
is c
ondi
tion
will
ens
ure
that
gla
sses
are
col
lect
ed re
gula
rly
and
not l
eft a
vaila
ble
for p
eopl
e to
use
as w
eapo
ns.
5 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at a
lcoh
ol is
not
se
rved
in g
lass
con
tain
ers d
urin
g on
e of
the
follo
win
g pe
riods
:w
eeke
nd e
veni
ngs –
from
5pm
to c
losi
ng ti
me
on
(i)
Frid
ay, S
atur
day
and
Sund
ay;
even
ings
– fr
om 5
pm to
clo
sing
tim
e ev
ery
day;
(ii)
wee
kend
s – fr
om 5
pm o
n Fr
iday
to 6
am o
n th
e (ii
i) fo
llow
ing
Mon
day;
or
even
ings
– fr
om 5
pm to
clo
sing
tim
e –
and
wee
kend
s (iv
) –
from
5pm
on
Frid
ay to
6am
on
the
follo
win
g M
onda
y.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
To re
duce
the
num
ber o
f vi
olen
t inc
iden
ts in
volv
ing
glas
ses
and
bottl
es.
40
34
Con
diti
onA
pplie
s to
Why
Do
It?
6 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at c
usto
mer
s are
no
t allo
wed
to le
ave
the
licen
sed
prem
ises
with
uns
eale
d gl
ass d
rinks
con
tain
ers (
incl
udin
g gl
asse
s and
bot
tles)
–
whe
ther
they
con
tain
alc
ohol
or n
ot –
dur
ing
one
of th
e fo
llow
ing
perio
ds:
Wee
kend
eve
ning
s – fr
om 5
pm to
clo
sing
tim
e on
(i)
Fr
iday
, Sat
urda
y an
d Su
nday
;E
veni
ngs –
from
5pm
to c
losi
ng ti
me
ever
y da
y;(ii
) W
eeke
nds –
from
5pm
on
Frid
ay to
6am
on
the
(iii)
follo
win
g M
onda
y; o
rE
veni
ngs –
from
5pm
to c
losi
ng ti
me
– an
d w
eeke
nds
(iv)
– fr
om 5
pm o
n Fr
iday
to 6
am o
n th
e fo
llow
ing
Mon
day.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
To re
duce
the
num
ber o
f vi
olen
t inc
iden
ts in
volv
ing
glas
ses
and
bottl
es.
41
35
Con
diti
onA
pplie
s to
Why
Do
It?
7 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at to
ilet f
acili
ties a
re
chec
ked
for e
mpt
y gl
asse
s, in
cide
nts o
f vi
olen
ce o
r any
ev
iden
ce o
f cr
imin
al a
ctiv
ity –
incl
udin
g dr
ugs –
at r
egul
ar
inte
rval
s and
that
a re
cord
is k
ept o
f th
e in
spec
tion.
If
evid
ence
of
crim
inal
act
ivity
is fo
und,
the
licen
ce h
olde
r, de
sign
ated
pre
mis
es su
perv
isor
or a
mem
ber o
f st
aff
dele
gate
d by
them
, mus
t be
info
rmed
imm
edia
tely
and
a
reco
rd k
ept.
Thi
s mus
t be
prov
ided
on
requ
est t
o an
au
thor
ised
per
son
(as d
efine
d in
par
t 3, s
ectio
n 13
of
the
Lice
nsin
g A
ct 2
003)
or a
con
stab
le. T
hese
che
cks m
ust
take
pla
ce e
very
(app
ly o
ne o
f th
e fo
llow
ing)
:7a
) 30
min
utes
;7b
) 45
min
utes
;7c
) 60
min
utes
; or
7d)
90 m
inut
es.
To
app
ly d
urin
g on
e of
the
follo
win
g pe
riods
:w
eeke
nd e
veni
ngs –
from
5pm
to c
losi
ng ti
me
on
(i)
Frid
ay, S
atur
day
and
Sund
ay;
even
ings
– fr
om 5
pm to
clo
sing
tim
e ev
ery
day;
(ii)
wee
kend
s – fr
om 5
pm o
n Fr
iday
to 6
am o
n th
e (ii
i) fo
llow
ing
Mon
day;
or
even
ings
– fr
om 5
pm to
clo
sing
tim
e –
and
(iv)
wee
kend
s – fr
om 5
pm o
n Fr
iday
to 6
am o
n th
e fo
llow
ing
Mon
day.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
Toile
ts in
som
e lic
ense
d pr
emis
es a
re u
sed
for c
rimin
al
activ
ity, s
uch
as d
rug
taki
ng o
r dea
ling,
act
s of
viol
ence
etc
.T
his c
ondi
tion
wou
ld re
quire
a g
roup
of
prem
ises
to a
ll ch
eck
toile
t fac
ilitie
s reg
ular
ly, th
us c
uttin
g do
wn
on th
e ris
k of
in
cide
nts s
pilli
ng o
ut in
to th
e ni
ght-
time
econ
omy.
42
36
Con
diti
onA
pplie
s to
Why
Do
It?
8 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at:
8a)
On
seek
ing
entr
y, al
l cus
tom
ers a
re se
arch
ed fo
r dr
ugs o
r wea
pons
by
appr
opria
te S
ecur
ity In
dust
ry
Aut
horit
y lic
ense
d do
or st
aff
who
shal
l man
age
adm
issi
ons t
o th
e pr
emis
es. T
his s
hall
be in
ope
ratio
n at
one
of
the
follo
win
g tim
es:
wee
kend
eve
ning
s – fr
om 5
pm to
clo
sing
tim
e on
(i)
Fr
iday
, Sat
urda
y an
d Su
nday
;ev
enin
gs –
from
5pm
to c
losi
ng ti
me
ever
y da
y;(ii
) w
eeke
nds –
from
5pm
on
Frid
ay to
6am
on
the
(iii)
follo
win
g M
onda
y; o
rev
enin
gs –
from
5pm
to c
losi
ng ti
me
– an
d (iv
) w
eeke
nds –
from
5pm
on
Frid
ay to
6am
on
the
follo
win
g M
onda
y.8b
) ap
prop
riate
sign
age
rega
rdin
g th
ese
chec
ks is
di
spla
yed
outs
ide
the
entr
ance
to th
e pr
emis
es w
hen
thes
e ch
ecks
are
in o
pera
tion.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
Eve
ry y
ear t
here
are
a n
umbe
r of
stab
bing
s or v
iole
nt
inci
dent
s out
side
lice
nsed
pre
mis
es. T
his c
ondi
tion
wou
ld
allo
w a
lice
nsin
g au
thor
ity to
requ
ire se
arch
es fo
r wea
pons
or
drug
s in
thos
e pr
emis
es lo
cate
d in
are
as w
here
trou
ble
has
occu
rred
or i
s lik
ely
to o
ccur
.
9 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at a
n up
-to-
date
in
cide
nt re
cord
is m
aint
aine
d, a
nd th
at it
is u
sed
to re
cord
de
tails
of
all i
ncid
ents
of
viol
ence
, alc
ohol
-rel
ated
dis
orde
r or
crim
inal
act
ivity
on
the
prem
ises
or i
n th
ose
area
s tha
t ar
e un
der t
he p
rem
ises
’ con
trol
. The
inci
dent
reco
rd m
ust
be p
rovi
ded
on re
ques
t to
an a
utho
rised
per
son
(as d
efine
d in
par
t 3, s
ectio
n 13
of
the
Lice
nsin
g A
ct 2
003)
or a
co
nsta
ble.
On
trad
e, o
ff-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
By
mai
ntai
ning
acc
urat
e re
cord
s of
inci
dent
s occ
urrin
g in
pr
emis
es, l
icen
sing
and
resp
onsi
ble
auth
oriti
es c
an b
uild
up
an
accu
rate
pic
ture
of
the
type
s of
nuis
ance
and
dis
orde
r tha
t oc
cur i
n a
grou
p of
pre
mis
es a
nd u
se th
is to
impr
ove
thei
r ow
n re
spon
ses t
o th
ese
inci
dent
s and
pla
n fu
ture
pre
vent
ativ
e ac
tion
in a
dditi
on th
ey w
ill b
e ab
le to
wor
k w
ith th
e gr
oup
of
prem
ises
to h
elp
them
to d
eal w
ith th
ese
type
s of
inci
dent
s be
tter i
n fu
ture
.
43
37
Con
diti
onA
pplie
s to
Why
Do
It?
10 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
e pr
epar
atio
n an
d im
plem
enta
tion
of a
dis
pers
al p
olic
y in
con
sulta
tion
with
th
e po
lice
and
licen
sing
aut
horit
ies.
Thi
s can
incl
ude
mea
sure
s in
one
or m
ore
of th
e fo
llow
ing
area
s:
the
incl
usio
n of
a sp
ecifi
ed ‘w
ind
dow
n’ p
lan
with
a
(i)
spec
ified
per
iod
at sp
ecifi
ed ti
mes
;en
surin
g th
at c
usto
mer
s are
not
allo
wed
to le
ave
the
(ii)
prem
ises
with
uns
eale
d gl
ass d
rinks
con
tain
ers a
t sp
ecifi
ed ti
mes
;en
surin
g th
e op
erat
ion
of C
CT
V a
t spe
cifie
d tim
es in
(ii
i) po
sitio
ns a
gree
d w
ith th
e po
lice,
with
all
CC
TV
fo
otag
e be
ing
kept
for 2
8 da
ys a
nd m
ade
avai
labl
e on
re
ques
t to
an a
utho
rised
per
son
(as d
efine
d in
par
t 3,
sect
ion
13 o
f th
e Li
cens
ing
Act
200
3) o
r a c
onst
able
on
requ
est;
ensu
ring
that
info
rmat
ion
is d
ispl
ayed
for c
usto
mer
s (iv
) on
the
loca
tion
of lo
cal p
ublic
tran
spor
t lin
ks a
nd
tele
phon
e nu
mbe
rs fo
r loc
al li
cens
ed ta
xi c
ompa
nies
an
d en
surin
g th
e pr
ovis
ion
of a
dire
ct te
leph
one
line
to lo
cal l
icen
sed
taxi
com
pani
es; a
nd/o
ren
surin
g th
at a
seni
or m
embe
r of
staf
f, to
geth
er w
ith
(v)
any
door
supe
rvis
ors,
mus
t mai
ntai
n a
live
text
or
radi
o pa
ger l
ink
at sp
ecifi
ed ti
mes
for i
nsta
nt
com
mun
icat
ion
with
loca
l pol
ice
to fa
cilit
ate
a ra
pid
resp
onse
to a
ny d
isor
der.
On
trad
e, o
ff-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
A lo
t of
area
s hav
e pr
oble
ms a
fter
clo
sing
tim
es w
ith la
rge
num
bers
of
peop
le ju
st o
utsi
de th
e pr
emis
es. T
his c
an o
ften
le
ad to
dis
orde
r.H
avin
g ef
fect
ive
disp
ersa
l pol
icie
s hel
ps to
mov
e pe
ople
alo
ng
and
thus
redu
ce th
e lik
elih
ood
of in
cide
nts o
ccur
ring.
Thi
s pro
visi
on w
ould
als
o al
low
som
e fle
xibi
lity
in a
pply
ing
mea
sure
s suc
h as
the
oper
atio
n of
CC
TV.
In p
repa
ring
the
disp
ersa
l pol
icy,
the
mea
sure
s app
lied
coul
d be
tailo
red
to th
e pr
oble
ms i
n th
at p
artic
ular
pre
mis
es a
nd c
an ta
ke in
to a
ccou
nt
the
natu
re o
f th
e pr
emis
es (l
ayou
t, op
enin
g ho
urs e
tc.).
Thi
s w
ould
ens
ure
that
the
mea
sure
s app
lied
are
prop
ortio
nate
an
d ta
rget
ed.
The
Gov
ernm
ent i
s com
mitt
ed to
impr
ovin
g th
e sa
fety
of
all
patr
ons o
f th
e al
coho
l ind
ustr
y. C
ondi
tions
10-
14 to
geth
er
mak
e up
a p
acka
ge o
f m
easu
res t
o he
lp a
chie
ve th
e ai
m o
f en
ablin
g m
en a
nd w
omen
to fe
el sa
fer w
hen
out a
t nig
ht b
y en
surin
g th
at p
eopl
e ar
e pr
otec
ted
from
vio
lenc
e w
hen
in
licen
sed
prem
ises
and
that
they
get
hom
e sa
fely
whe
n th
ey
have
bee
n ou
t in
licen
sed
prem
ises
.A
s the
Gov
ernm
ent’s
rece
nt c
onsu
ltatio
n pa
per,
‘Tog
ether
we
can
end
violen
ce ag
ains
t wom
en a
nd gi
rls’24
, exp
lain
ed w
omen
are
of
ten
disp
ropo
rtio
nate
ly m
ore
conc
erne
d ab
out t
heir
safe
ty a
t ni
ght.
So th
roug
h th
at c
onsu
ltatio
n w
e m
ade
a co
mm
itmen
t to
con
tinue
dis
cuss
ions
with
the
polic
e, lo
cal a
utho
ritie
s and
al
coho
l ind
ustr
y tr
ade
asso
ciat
ions
to e
ncou
rage
pub
s and
cl
ubs t
o im
prov
e w
omen
’s sa
fety
in a
nd a
roun
d lic
ense
d pr
emis
es.
24 H
M G
over
nmen
t (20
09) T
ogeth
er w
e can
end
viol
ence
agai
nst w
omen
and
girls
.
44
38
Con
diti
onA
pplie
s to
Why
Do
It?
11 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at C
CT
V is
in
oper
atio
n in
the
licen
sed
prem
ises
in p
ositi
ons d
icta
ted
by
the
polic
e, w
ith a
ll C
CT
V fo
otag
e be
ing
kept
for 2
8 da
ys
and
mad
e av
aila
ble
on re
ques
t to
an a
utho
rised
per
son
(as
defin
ed in
par
t 3, s
ectio
n 13
of
the
Lice
nsin
g A
ct 2
003)
or
a co
nsta
ble,
and
that
it o
pera
tes a
t one
of
the
follo
win
g tim
es: w
eeke
nd e
veni
ngs –
from
5pm
to c
losi
ng ti
me
on
(i)
Frid
ay, S
atur
day
and
Sund
ay;
even
ings
– fr
om 5
pm to
clo
sing
tim
e ev
ery
day;
(ii)
wee
kend
s – fr
om 5
pm o
n Fr
iday
to 6
am o
n th
e (ii
i) fo
llow
ing
Mon
day;
or
even
ings
– fr
om 5
pm to
clo
sing
tim
e –
and
wee
kend
s (iv
) –
from
5pm
on
Frid
ay to
6am
on
the
follo
win
g M
onda
y.A
ppro
pria
te si
gnag
e re
gard
ing
the
oper
atio
n of
CC
TV
m
ust b
e di
spla
yed
for c
usto
mer
s.
On
trad
e, o
ff-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
The
pre
senc
e of
CC
TV
cam
eras
can
be
an im
port
ant m
eans
of
det
errin
g an
d de
tect
ing
crim
e at
and
imm
edia
tely
out
side
lic
ense
d pr
emis
es.
Thi
s doe
s not
mea
n th
at a
reas
shou
ld h
ave
blan
ket C
CT
V
cove
rage
but
rath
er th
at it
can
be
used
to d
eter
and
det
ect i
n ar
eas t
hat h
ave
a hi
gh le
vel o
f al
coho
l-rel
ated
crim
e.
12 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
e di
spla
y of
in
form
atio
n fo
r cus
tom
ers o
n th
e lo
catio
n of
loca
l pub
lic
tran
spor
t lin
ks a
nd te
leph
one
num
bers
for l
ocal
lice
nsed
ta
xi c
ompa
nies
.
On-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
A lo
t of
area
s hav
e pr
oble
ms a
fter
clo
sing
tim
es w
ith la
rge
num
bers
of
peop
le ju
st o
utsi
de th
e pr
emis
es. T
his c
an o
ften
le
ad to
dis
orde
r.H
elpi
ng p
eopl
e ge
t to
loca
l tra
nspo
rt li
nks w
ill h
elp
to a
ddre
ss
this.
13 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
e pr
ovis
ion
of a
di
rect
tele
phon
e lin
e to
loca
l lic
ense
d ta
xi c
ompa
nies
.
On
trad
e, o
ff-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
As a
bove
.
14 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at a
seni
or m
embe
r of
staf
f, to
geth
er w
ith a
ny d
oor s
uper
viso
rs, m
aint
ains
a
live
text
or r
adio
pag
er li
nk fo
r ins
tant
com
mun
icat
ion
with
lo
cal p
olic
e to
faci
litat
e a
rapi
d re
spon
se to
any
dis
orde
r.
On
trad
e, o
ff-
trad
e an
d qu
alify
ing
club
pr
emis
es
cert
ifica
te
Text
and
radi
o pa
gers
con
nect
ing
prem
ises
to th
e lo
cal p
olic
e ca
n al
low
rapi
d re
spon
se b
y th
e po
lice
to si
tuat
ions
of
diso
rder
whi
ch m
ay b
e en
dang
erin
g cu
stom
ers a
nd st
aff
on
the
prem
ises
.
45
39
Con
diti
onA
pplie
s to
Why
Do
It?
15 T
he re
spon
sibl
e pe
rson
(s) (
as d
efine
d in
sect
ion
153(
4) o
f th
e Li
cens
ing
Act
200
3) sh
all e
nsur
e th
at:
15a)
sta
ff d
o no
t sel
l or s
uppl
y an
y al
coho
lic p
rodu
ct to
a
pers
on w
ho c
ould
reas
onab
ly b
e su
spec
ted
to b
e un
der t
he a
ge o
f 21
unl
ess p
roof
of
age
has b
een
prov
ided
, exc
ept w
here
staf
f kn
ow th
at th
e pe
rson
is
aged
18
or o
ver.
15b)
a w
ritte
n no
tice
mus
t be
disp
laye
d fo
r cus
tom
ers
clea
rly, v
isib
ly a
nd le
gibl
y, st
atin
g:l
it is
ille
gal t
o se
ll al
coho
l to,
or t
o bu
y al
coho
l for
, th
ose
aged
und
er 1
8 (o
ther
than
in th
e co
ntex
t of
the
exem
ptio
n in
the
2003
Act
rela
ting
to 1
6 an
d 17
yea
r old
s con
sum
ing
beer
, win
e an
d ci
der i
n th
e co
mpa
ny o
f ad
ults
dur
ing
a ta
ble
mea
l)l
deta
ils o
f th
e po
tent
ial p
enal
ties i
ncur
red
l
that
a ‘C
halle
nge
21’ S
chem
e is
in o
pera
tion.
15c)
an
up-t
o-da
te re
fusa
ls re
cord
is k
ept,
logg
ing
all
inci
dent
s of
atte
mpt
ed u
nder
age
and
prox
y pu
rcha
ses
of a
lcoh
ol, a
nd th
at th
is is
pro
vide
d on
requ
est t
o an
au
thor
ised
per
son
(as d
efine
d pa
rt 3
, sec
tion
13 o
f th
e Li
cens
ing
Act
200
3) o
r a c
onst
able
.
On
trad
e of
f-tr
ade
and
qual
ifyin
g cl
ub
prem
ises
ce
rtifi
cate
It is
unl
awfu
l for
chi
ldre
n un
der 1
8 to
atte
mpt
to b
uy a
lcoh
ol
just
as i
t is u
nlaw
ful t
o se
ll or
supp
ly a
lcoh
ol to
them
. To
prev
ent s
uch
crim
es, i
t may
be
nece
ssar
y to
requ
ire a
pol
icy
to
be a
pplie
d at
cer
tain
lice
nsed
pre
mis
es in
volv
ing
the
prod
uctio
n of
‘pro
of o
f ag
e’ b
efor
e su
ch sa
les a
re m
ade.
M
any
prem
ises
hav
e ad
opte
d th
e ‘C
halle
nge
21’ o
r oth
er
sim
ilar i
nitia
tives
. Und
er th
e ‘C
halle
nge
21’ i
nitia
tive,
pre
mis
es
selli
ng o
r sup
plyi
ng a
lcoh
ol re
quire
sigh
t of
proo
f of
age
for
anyo
ne w
ho a
ppea
rs to
be
unde
r the
age
of
21 a
nd is
at
tem
ptin
g to
buy
alc
ohol
. Mak
ing
this
a li
cens
ing
cond
ition
w
ould
ens
ure
that
mos
t min
ors –
eve
n th
ose
who
look
old
er
– w
ould
nee
d to
pro
duce
app
ropr
iate
pro
of o
f ag
e be
fore
m
akin
g a
purc
hase
. Thi
s wou
ld se
rve
to re
duce
the
num
ber
of u
nder
age
alco
hol s
ales
and
hel
p to
pre
vent
nui
sanc
e an
d di
sord
er.
46
40
Con
diti
onA
pplie
s to
Why
Do
It?
16 W
here
the
sale
of
alco
hol i
s a sa
le b
y re
tail,
the
resp
onsi
ble
pers
on(s
) (as
defi
ned
in se
ctio
n 15
3(4)
of
the
Lice
nsin
g A
ct 2
003)
shal
l ens
ure
that
alc
ohol
mus
t not
be
sold
on
the
basi
s of
any
volu
me-
base
d pr
omot
ions
whi
ch re
quire
the
purc
hase
of
mor
e th
an a
spec
ified
vol
ume
of a
lcoh
ol in
or
der t
o ta
ke a
dvan
tage
of
a re
duce
d pr
ice.
Thi
s wou
ld
proh
ibit
disc
ount
s on
volu
mes
gra
ter t
han:
l
12 li
tres
of
beer
, lag
er a
nd c
ider
(equ
ival
ent t
o ap
prox
imat
ely
27 x
440
ml c
ans,
24 x
500
ml c
ans,
or 4
x 3
litr
e bo
ttles
);l
9 lit
res o
f w
ine
(equ
ival
ent t
o a
case
of
12 x
75
0ml b
ottle
s); a
ndl
2 lit
res o
f sp
irits
(equ
ival
ent t
o tw
o la
rge
bottl
es).
T
his a
pplie
s dur
ing
one
of th
e fo
llow
ing
perio
ds:
Wee
kend
eve
ning
s – fr
om 5
pm to
clo
sing
tim
e on
(i)
Fr
iday
, Sat
urda
y an
d Su
nday
;E
veni
ngs –
from
5pm
to c
losi
ng ti
me
ever
y da
y;(ii
) W
eeke
nds –
from
5pm
on
Frid
ay to
6am
on
the
(iii)
follo
win
g M
onda
y;E
veni
ngs –
from
5pm
to c
losi
ng ti
me
– an
d w
eeke
nds
– fr
om 5
pm o
n Fr
iday
to 6
am o
n th
e fo
llow
ing
Mon
day;
or
At a
ny ti
me.
(iv)
Off
-tra
deT
here
has
bee
n co
nsid
erab
le p
ublic
and
med
ia in
tere
st in
the
way
that
, in
part
icul
ar, s
uper
mar
kets
pro
mot
e la
rge
quan
titie
s of
alc
ohol
. The
con
cern
is th
at th
is ty
pe o
f pr
omot
ion
enco
urag
es ‘p
re-lo
adin
g’ w
here
by p
eopl
e en
ter t
he n
ight
-tim
e ec
onom
y al
read
y dr
unk
and
go o
n to
cau
se c
rime
and
diso
rder
.A
lice
nsin
g au
thor
ity a
pply
ing
this
con
ditio
n w
ould
mea
n th
at,
in th
e ca
se o
f be
er, s
uper
mar
kets
cou
ld se
ll an
y si
ngle
can
; fo
ur-p
ack;
eig
ht-p
ack;
12-
pack
or 2
4-pa
ck fo
r any
pric
e.
How
ever
, if
it w
ishe
s to
sell
two
24 p
acks
, it m
ust d
o so
at a
co
st e
quiv
alen
t to
two
times
the
usua
l cos
t of
a 24
pac
k.Fo
r thi
s rea
son,
we
cons
ider
that
it is
fair
to re
spon
sibl
e dr
inke
rs a
s it p
reve
nts t
hem
hav
ing
to b
uy la
rge
quan
titie
s of
alco
hol t
o ta
ke a
dvan
tage
of
a di
scou
nt. T
his c
ondi
tion
still
al
low
s con
sum
ers t
o ta
ke a
dvan
tage
of
any
prom
otio
ns u
p to
th
ese
limits
.T
he c
halle
nge
for g
over
nmen
t in
taki
ng a
ctio
n ag
ains
t the
se
type
s of
prom
otio
ns is
that
we
do n
ot w
ish
to p
enal
ise
the
maj
ority
of
peop
le w
ho ta
ke a
dvan
tage
of
thes
e of
fers
and
dr
ink
resp
onsi
bly.
We
are
ther
efor
e ve
ry k
een
to h
ear v
iew
s on
whe
ther
the
prop
osed
lim
its h
ave
been
set a
ppro
pria
tely.
47
41
ArEAS FOr FurtHEr LOCAL dISCrEtIONAry CONdItIONS tHAt WE WISH tO CONSuLt ON
In addition to the conditions listed in the tables, 4.13 there are a range of other areas that the Government has been considering including in this discretionary local licensing conditions list. A number of issues were identified during the pre-consultation discussions with stakeholders and these are outlined below, with specific consultation questions for each point.
TRAININGIt is widely recognised that trained staff are likely to 4.14 be more effective at refusing underage sales, proxy sales and sales to drunks, and dealing with drunk and rowdy customers etc. than those who are untrained.
While this is not so much an issue in some 4.15 businesses where extensive training is given, it can be more of an issue for other businesses where there is a high turnover rate of staff. It is possible that staff will not have received substantial training, even though they may work in a premises where the likelihood of violence or disorder occurring are quite high.
If training were to be made a licensing condition, 4.16 then we consider that it should cover a number of issues, such as:
(i) spotting and refusing underage sales, sales to drunks and proxy sales;
(ii) the law relating to underage sales, proxy sales and sales to drunks;
(iii) the dispersal of customers;(iv) ensuring that licensed premises operate a safe
environment; and(v) dealing with, or managing, violent incidents
and difficult situations.
Difficulties may arise because there is no agreed 4.17 standard or quality of training and many premises will operate their own training schemes. For these reasons, it may be best to set out in guidance what is considered to be best practice for training staff
which licensing authorities can take into account when reviewing a premises. The costs involved could also be significant and applying the condition to multiple premises may not be proportionate or appropriate – some will argue that a training condition should be individually tailored to a particular premises to tackle a particular problem.
The Government is considering making training a 4.18 ‘locally applied’ condition, we are eager to hear your views on how this could work as a condition applied to multiple premises or as guidance within the framework of the code.
SEATINGPremises described as ‘high volume vertical 4.19 drinking establishments’ are premises which have exceptionally high capacities, used primarily or exclusively for the sale and consumption of alcohol, and often little or no seating for customers.
These types of premises are strongly associated 4.20 with a greater risk of crime and disorder. This is because if people do not have a place to set their drink, they are likely to drink it more quickly. This can lead to people drinking greater amounts more quickly, which in turn can lead to a higher risk of crime and disorder occurring. It therefore seems sensible to have a condition that licensing authorities can apply to two or more such premises in an area (e.g. a high street where there may be several such premises).
However, the evidence of how much seating will 4.21 reduce the ‘problem’ is poor. It is also difficult to apply to multiple premises as the layout of each premises will be different. This means that it is difficult to stipulate a condition that is appropriate for all the premises being targeted. It is also potentially difficult to calculate, comply with and enforce, and may also be difficult due to fire and planning regulations. This type of action can already be, and sometimes is, imposed on an individual premises following licence review.
The Government welcomes views on this matter.4.22
48
42
DOOR STAFFEffective door staff can help to prevent crime and 4.23 disorder by managing admissions and helping people to leave the premises safely, especially if in operation during peak times of crime and disorder, such as evenings and weekends. However, this is difficult to apply to multiple premises as the layout of each premises is different, so stipulating the same requirements for multiple premises could be difficult. As the Licensing Act 2003 requires that all door staff must be Security Industry Authority licensed, this would be a costly condition unless used in a targeted way to deliver disorder and nuisance reduction benefits. We welcome your views on whether you think that there should be a locally applied condition to require groups of premises to have door staff during times associated with nuisance and disorder.
BACkGROUND MUSICNoise emanating from licensed premises can cause 4.24 public nuisance, and this is already dealt with by environmental health legislation and, in terms of individual premises, uner the ‘public nuisance’ licensing objective.
There is a suggestion that high levels of backgound 4.25 music in pubs and bars can lead to customers drinking faster, which in turn could lead to a greater risk of nuisance and disorder. Anecdotally, loud background music can make it difficult for people to have a conversation and create an atmosphere which could encourage people to drink more, or more quickly.
The available evidence on this issue is inconclusive. 4.26 We therefore welcome your views on whether background music can lead to faster or increased drinking and contribute to instances of nuisance and disorder.
CONSIdErAtION FOr FuturE ACtION: PuBLIC SAFEtyThe Government is concerned about people, in
particular women, being intimidated, assaulted or sexually harassed in or around the night-time economy. In addition to the measures set out in conditions 10-14,which will help achieve the aim set out in the recent consultation on ending violence against women, 25 enabling them to feel safer when out at night. The Government welcomes views on what more can be done to protect both men and women in licensed premises.
25 HM Government (2009) Together we can end violence against women and girls.
49
43
CONSuLtAtION quEStIONS ON tHE dISCrEtIONAry LOCAL CONdItIONS
For the public:
l Are the reasons for the proposed local conditions clear to you?
l Are the issues set out in the locally applied conditions a problem in your area?
l If any of the local conditions were applied to licenced premises where you live, would they affect you?
l Do you think that any of the proposed local conditions should not be available to licensing authorities to apply to groups of two or more premises?
l In order to prevent crime and disorder, should there be a limit on the volume of alcohol that you need to buy before you can get a discount in shops and supermarkets? If so, what do you think the limit should be.
For licensing authorities, enforcement agencies and health bodies:
l Do you have any suggestions that will improve the impact of the proposed conditions in reducing nuisance and disorder in your area?
l Is the drafting of these proposed local conditions explicit enough to achieve the intended impact? If not, can you provide alternative wording?
For those who sell or supply alcohol:
l What do you think the impact of these conditions will be (if they are applied by the local licensing authority) on your business?
For licensing authorities, enforcement agencies, health bodies and those who sell or supply alcohol:
l Are there any of the proposed conditions that seem disproportionate or that you do not think licensing authorities should be able to use with groups of two or more premises?
l If limits are to be placed on supermarkets, convenience stores, etc. for discounting large volumes of alcohol, what levels do you consider should be set? Should it differ for different types of drinks (beers, wines, spirits, etc.)?
l Training How might a training requirement applied by licensing authorities to two or more premises work in practice? In particular: what should it contain; how should it be enforced; and should different schemes be available to the on-trade, off-trade and clubs?
l Seating What are the appropriate levels of seating that should be imposed on ‘high volume vertical drinking establishments’ in order to reduce the risk of nuisance and disorder?
l Background music Would a restriction on the level of background music contribute to a decrease in nuisance and disorder? If so, how might it be enforced?
l Harassment/intimidation in premises What more can be done to protect people from harassment and intimidation in and around licensed premises?
l Door Staff Do you think that there should be a discretionary local condition to require groups of premises to have door staff in operation during times associated with nuisance and disorder?
50
44
26 Defined in section 8.5 – 8.17 of Section 182 Guidance (DCMS) Licensing Act 2003
Before we consider what the processes might be 5.3 for ensuring that the mandatory and discretionary local conditions are effective in reducing alcohol-related crime and disorder, it is useful to set out how the current system operates.
HOW LICENSING CONdItIONS CurrENtLy WOrk uNdEr tHE LICENSING ACt 2003
The licensing authority, which in practice is 5.4 normally the Local Authority, is responsible for the administration of the provisions of the Licensing Act at local level.
Under the Licensing Act, each licensing authority 5.5 must appoint a licensing committee consisting of 10 – 15 members of the authority. A licensing committee may then establish one or more sub-committees consisting of 3 members of the committee. This is set out in figure 2 below:
INtrOduCtIONThe purpose of the mandatory and locally applied 5.1 licensing conditions as set out in Chapters 3 and 4 are, respectively:
l to make clear that certain activities must take place and others must not occur in any of the licensing authority areas in England and Wales; and
l to give licensing authorities the power to take action with a number of premises that are contributing to alcohol-related nuisance and disorder.
If the conditions are to be effective then they must 5.2 be applied and enforced in a robust, proportionate and consistent way.
Chapter 5: Making the mandatory and locally applied conditions work
Licensing Authority (defined in section 3 of the Licensing Act 2003)
Licensing Committee (defined in section 6 of the Licensing Act 2003)At least 10 but no more than 15 members of the Licensing Authority
One or more sub-committees(defined in section 9 and section 10 of the Licensing Act 2003)
Three members of the Licensing Committee
Delegates functions to…
Delegates functions to…
Figure 2
A 5.6 responsible authority such as the police, trading standards etc. or interested party such as local businesses or residents26 may request a review of a premises licence at any time when there is evidence that one or more of the four licensing objectives are being breached or undermined. There is then a
28 day period when other responsible authorities or interested parties can make representations. During this period, there should also be a negotiation process with the premises in question. If no agreement is reached in this period, then the review is heard by the licensing authority.
51
45
During the hearing, the responsible authority or 5.7 interested party sets out why action should be taken against the premises and the premises is given an opportunity to respond to any accusations against it. Following this, the licensing authority may make one of the following decisions:
l modify the conditions of the licence;
l exclude a licensable activity;
l remove the designated premises supervisor;
l suspend the licence for up to three months at Review (or pending Review for when there has been serious crime and disorder27); or
l revoke the licence.
Failure to comply with any conditions attached to 5.8 a licence or certificate is a criminal offence, which, on conviction, would be punishable by a fine of up to £20,000, or up to six months imprisonment, or both.
There is no mandatory requirement for a criminal 5.9 prosecution to commence a review. It can often prove to be a quicker and more cost effective solution than prosecution and is solely concerned with the promotion of the licensing objectives. It provides a straightforward and effective means of addressing identified problems before they have time to escalate.
Appeals against decisions made by a licensing 5.10 authority are to the magistrates’ court. The person or business appealing has 21 days in which to lodge an appeal, beginning on the day of notification by the licensing authority of the decision to be appealed against. On an appeal against a decision of a licensing authority, a magistrates’ court may:
dismiss the appeal;a)
substitute for the decision appealed against b) any other decision which could have been made by the licensing authority; or
27 These circumstances are set out under section 53A of the Licensing Act 2003, and are set out under section 21 of the Violent Crime Reduction Act 2006.
remit the case to the licensing authority to c) dispose of it in accordance with the direction of the court; or
make such order as to costs as it thinks fit.d)
HOW tHE NEW mANdAtOry LICENSING CONdItIONS WILL WOrk
As the aim of the mandatory conditions is to 5.11 set out clearly what activities must, or must not, take place in licensed premises, it will not be necessary for there to be any hearing or review before the conditions are placed upon all relevant licensed premises.
Following Royal Assent of the Policing and Crime 5.12 Bill, the Home Secretary will, at an appropriate time following this consultation and having regard to the responses (including discussions with businesses), legislate to set out what the mandatory conditions will be, to whom they will apply, and the date that they are to come into effect.
The Home Office will ensure that licence holders 5.13 are made aware of the new mandatory licensing conditions through a variety of communication channels, including licensed trade special interest publications, trade associations, communications issued through the Government Office Network and the local police.
Licensed premises will not be able to appeal against 5.14 the imposition of any of the mandatory conditions. Any breach of the mandatory conditions will be dealt with in the same way that breach of any of the current licensing conditions is treated and we would expect licensing authorities to pursue prosecution or other enforcement against these premises where necessary and proportionate. We would expect that licensing authorities consider using the ‘Yellow Card/Red Card’ approach when considering a breach (see page 49).
52
46
28 The licensing authority must, however, consult the relevant responsible authorities and premises holders before the conditions are imposed.29 HM Government (2008) Policing and Crime Bill.
HOW tHE NEW dISCrEtIONAry LOCAL LICENSING CONdItIONS COuLd WOrk
Whilst the mandatory conditions will be brought 5.15 into effect at a national level, the locally applied conditions will, by their very nature, only be brought into effect when an individual licensing authority considers it necessary and proportionate to do so.
Unlike the existing system, where an interested 5.16 party or responsible authority must make a representation to the licensing authority before any new conditions can be applied, the new system will allow licensing authorities to initiate action themselves on whether or not to apply conditions to groups of two or more premises28.
The Government recognises that for some types of 5.17 conditions, they do not easily lend themselves to being applied to larger groups of premises. That is why we are consulting on what is an appropriate list for licensing authorities to use to tackle groups of premises. The Home Secretary will, at an appropriate time following Royal Assent of the Policing and Crime Bill, the conclusion of this consultation and, having regard to the responses (including discussions with businesses), legislate to set out the final list of conditions that can be applied at a local level.
A licensing authority may only place discretionary 5.18 local licensing conditions on two or more premises following a four point test to ensure that conditions are both necessary and proportionate. The licensing authority must consider the following tests:
FOur-POINt tESt:
l there has been nuisance to members of the public, or a section of the public, or disorder, on or near the premises;
l the nuisance or disorder is associated with the consumption of alcohol on the premises or supplied by the premises;
l there is likely to be a repetition of nuisance or disorder that is so associated; and
l it is appropriate to impose the conditions for the purposes of mitigating or preventing the nuisance or disorder concerned29.
As such, there are three distinct differences 5.19 between the current system (in respect of dealing with individual premises) and the new approach currently being legislated for in the Policing in Crime Bill:
l it is the licensing authority that can decide itself whether or not to initiate action rather than only doing so following representation from a responsible authority or interested party;
l the conditions can only be applied to two or more premises rather than just to individual premises; and
l the conditions can only be applied if the four-point test (above) is met.
For these reasons, it is not possible to simply 5.20 replicate the existing system for these new powers. However, as the current system is well established, we consider that there is merit in having a system that, as closely as possible, resembles it. This would give greater certainty to licensing authorities, enforcement agencies and the licensed trade about implementation and should minimise the costs of setting up new systems.
53
47
If, after this consultation process, the problem has not been resolved on a voluntary basis, the licensing authority can then move to apply one or more of the discretionary local licensing conditions on those premises. This proposed process allows the licensing authorities to evidence that they have sought to deal with the problem on a voluntary basis before taking tougher action.
The following diagram sets out how the system for 5.23 applying local discretionary conditions could operate through a worked example. Figure 3 provides a worked example of a local licensing authority responding to a series of glass related injuries in and around three licensed premises by imposing a condition to ban glassware at specific times associated with the problem they are trying to tackle.
If any of the licensed premises object to any 5.21 conditions applied by licensing authorities, then appeals would be made to the magistrates’ court in the first instance. Appeal beyond magistrates’ court would follow the standard judicial process. Licensing authorities can reduce the likelihood of appeals by using robust processes to make sure that conditions applied are both necessary and proportionate to the problem that they are trying to resolve.
HOW dISCrEtIONAry LOCAL CONdItIONS mIGHt BE ImPOSEd
The proposed process for all the conditions that 5.22 can be applied by local licensing authorities is that there is an initial consultation in which the licensing authority raises their concerns with the premises who are contributing to the problem.
54
48
TRIG
GER
:
A s
pate
of gl
assi
ng in
cide
nts
in3 p
ubs
in o
ne a
rea
on w
eeke
ndev
enin
gs
NO
FU
RTH
ER
AC
TIO
N:
For
1 o
r m
ore
of t
he p
rem
ises
iflic
ensi
ng a
utho
rity
dec
ided
it is
not
nece
ssar
y or
pro
port
iona
te t
opr
ocee
d (i.
e. D
oes
not
pass
tes
ts)
NO
FU
RTH
ER
AC
TIO
N:
For
1 o
r m
ore
of t
he p
rem
ises
if lic
ensi
ng a
utho
rity
sat
isfie
dw
ith
volu
ntar
y ac
tion
NO
FU
RTH
ER
AC
TIO
N:
For
1 o
r m
ore
of t
hepr
emis
es if
lice
nsin
gau
thor
ity
satisf
ied
nofu
rthe
r ac
tion
is n
eede
d
App
eal b
eyon
d M
agis
trat
es’
Cou
rt is
sub
ject
to
stan
dard
judi
cial
pro
cess
APPLY
TES
TS:
Lice
nsin
g au
thor
ity
appl
ies
the
four
tes
ts fro
m P
olic
ing
and
Crim
e B
ill to
dete
rmin
e w
heth
er it
is b
oth
nece
ssar
y a
nd p
ropo
rtio
nate
to
proc
eed
with
prop
osed
act
ion
CO
NS
ULT
ATIO
N:
Lice
nsin
g au
thor
ity
issu
es n
otic
e to
the
3 p
rem
ises
licen
ce h
olde
rs in
viting
rep
rese
ntat
ions
and
giv
es a
nop
port
unity
for
the
3 li
cenc
e ho
lder
s to
tak
e vo
lunt
ary
action
whe
re a
ppro
pria
te t
o ad
dres
s th
e pr
oble
m
RES
OLU
TIO
N:
Dec
isio
n m
ade
by li
cens
ing
auth
ority
to
appl
y th
e co
nditi
ons
to b
an g
lass
war
e on
wee
kend
eve
ning
s on
all
3 p
ubs.
Con
ditio
n is
the
n ap
plie
d an
d su
bjec
t to
bei
ng e
nfor
ced
APPEAL
TO M
AG
ISTR
ATES
’ C
OU
RT:
Opt
ions
are
to:
dis
mis
s th
e ap
peal
; su
bstit
ute
any
othe
rde
cisi
on tha
t co
uld
have
bee
n re
ache
d by
the
lice
nsin
gau
thor
ity; or
rem
it th
e de
cisi
on to
the
licen
sing
aut
horit
y
HEAR
ING
:
Hel
d be
twee
n lic
ensi
ng a
utho
rity
, S
uita
ble
Res
pons
ible
Aut
hority
and
any
of th
e lic
ense
dpr
emis
es w
ho o
bjec
t to
the
con
dition
bei
ng im
pose
d
TES
TS:
a) T
here
has
bee
n nu
isan
ce t
om
embe
rs o
f th
e pu
blic
, or
a s
ection
of
the
publ
ic, or
dis
orde
r, o
n or
nea
r th
epr
emis
es
b) T
he n
uisa
nce
or d
isor
der
isas
soci
ated
with
the
cons
umpt
ion
ofal
coho
l on
the
prem
ises
or
with
the
cons
umpt
ion
of a
lcoh
ol s
uppl
ied
onth
e pr
emis
es
c) T
here
is li
kely
to
be a
rep
etitio
n of
nuis
ance
or
diso
rder
tha
t is
so
asso
ciat
ed
d) It
is a
ppro
pria
te t
o im
pose
the
cond
itio
ns for
the
pur
pose
s of
mitig
atin
g or
pre
vent
ing
the
nuis
ance
or d
isor
der
conc
erne
d
CO
NS
IDER
ATIO
N:
Lice
ncin
g au
thor
ity
has
evid
ence
of gl
assi
ng in
cide
nts
in 3
spe
cific
pubs
and
dec
ides
to
take
act
ion
to a
ddre
ss t
he is
sue
by im
posi
ng t
heco
nditio
n th
at b
ans
glas
swar
e in
the
3 p
ubs
on w
eeke
nd e
veni
ngs
Figu
re 3
: A w
orke
d ex
ampl
e of
how
the
loca
l con
dition
s m
ight
wor
k
55
49
APPEALS PrOCESSAs in the Licensing Act 2003, a premises may 5.24 appeal against any decision to modify the conditions of their licence to a magistrates’ court (schedule 5:4 of the Licensing Act 2003). This must be commenced by notice of appeal given to the designated officer within 21 days of being notified of the decision they are appealing about.
The options that may be applied by the court are to:5.25
l dismiss the appeal;
l substitute any other decision that could have been reached by the licensing authority; or
l remit the decision to the licensing authority to dispose of in accordance with the direction of the court and award costs.
Appeal beyond the magistrates’ court is subject to 5.26 the standard judicial process
tHE yELLOW CArd/rEd CArd APPrOACHThis approach requires licensing authorities to 5.27 use local intelligence and knowledge to identify problem premises and to seek licence reviews with the intention of applying tough conditions as a ‘yellow card’ with the threat of revocation at a further review (a ‘red card’) should they fail to improve.
It aims to ensure a firm response to problem 5.28 premises, while giving them an opportunity to reform. It should be highly visible and send a clear message to alcohol retailers, and the public, that action will be taken against those who act contrary to the licensing objectives and the law.
HOW IT WORkS:l responsible authorities call for a review of a
problem premises (i.e. following a breach of an existing or newly imposed licensing condition). They are encouraged to propose a package of tough new conditions, to be added to the
56
50
comprehensively and consistently. It issues advice on a range of enforcement issues, setting out the rights and responsibilities of enforcement authorities and businesses, and helps ensure that food and drink safety and legal requirements are maintained and monitored.
CONSuLtAtION quEStIONS ON mAkING It WOrk
For the public:
l If you were concerned about problems relating to groups of licensed premises in your area, and how they sell alcohol, what would you do about it?
For licensing authorities, enforcement agencies, health bodies and those who sell or supply alcohol:
l Do you think that the enforcement process that we have suggested is appropriate? Can you suggest an alternative?
l Do you think that the appeals process we have suggested is appropriate? Can you suggest an alternative?
For licensing authorities, enforcement agencies and health bodies:
l How widely do you think these powers will be used and why?
existing conditions, which are designed to combat the identified problem;
l the licensing authority holds a hearing and, if appropriate, it should consider the package of conditions to challenge problem premises more aggressively. As with all conditions following the review of a licence, they must be necessary and proportionate. The aim is to put the premises on ‘probation’. Effectively they are given a ‘yellow card’; and
l in the absence of improvement, or on committing another offence or breach of conditions, enforcement agencies should seek another review and the licensing authority must hold another hearing. If satisfied that there has been a lack of improvement, the licensing authority should look to revoke the licence (effectively a ‘red card’).
Where breaches of licensing conditions are more 5.29 serious, we expect that licensing authorities would pursue a prosecution against these premises.
mAkING tHE FOOd SAFEty ACt rEquIrEmENtS WOrk
Following consideration of responses to this 5.30 consultation, the Secretary of State for Health will lay regulations under powers in the Food Safety Act 1990, to set out requirements for information to be displayed at the point-of-sale of alcohol products, or points where alcohol products are on display in the off-trade. This would bring the requirements within the existing systems and framework for the enforcement of other food safety and food hygiene regulations.
Under the Act, ‘food authorities’ are responsible 5.31 for monitoring and enforcing compliance with food safety legislation in their local authority area. The Food Standards Agency (an independent UK-wide Government Agency set up by the Food Standards Act to protect the public’s health and consumer interests in relation to food and drink) works closely with local authority enforcement officers to make sure that the law is applied
57
51
INtrOduCtIONTo underpin the code of practice, the Government 6.1 will issue a comprehensive suite of guidance, which will be made up of three elements:
l revised sections of the statutory guidance to licensing authorities, under section 182 of the Licensing Act 2003, to licensing authorities, which they must have regard to when discharging their functions under that Act;
l new statutory guidance under section 40 of the Food Safety Act 1990, to food authorities, which they must have regard to when discharging their duties under that Act; and
l non-statutory guidance containing examples of good practice that will be of benefit to licensing authorities, enforcement agencies, food authorities and the licensed trade in implementing, and complying with, the code of practice.
The suite of guidance will include:
l how the conditions should be used, explaining any regulations and processes;
l dealing with breaches of the conditions;
l the process for appeals against the locally applied conditions;
l how the point-of-sale requirements apply in the on- and off-trade;
l dealing with non-compliance with the requirements; and
l good practice on managing and running premises so that licensing authorities can take into account whether a premises is acting in accordance with good practice when dealing with breaches of licensing conditions.
The guidance will help to make it clear to all parties 6.2 what they can expect from the code and what is expected of them. The overall purpose of the suite of guidance will be:
Revised Guidance under Section 182 of the Licensing Act 2003:
l to secure the effective implementation of the conditions in the code across all licensing authorities, while allowing an appropriate level of local discretion on the specific application of the specified local conditions; and
l to explain the processes, procedures and responsibilities of different authorities in relation to mandatory and locally applied conditions including the appeals process.
New Guidance under Section 40 of the Food Safety Act 1990:
l to ensure that local agencies and licensed premises are aware of the issues and responsibilities with regards to public health, e.g. the requirement for point-of-sale information, Accident and Emergency data sharing etc.
New Good Practice Guidance:
l set out accepted standards of practice for the sale and supply of alcohol; and
l provide additional supporting guidance on a wider range of relevant issues such as irresponsible promotions, to help licensed premises comply with conditions, ensure that the night-time economy is managed safely and sensibly, and that partnership activity is encouraged at all times;
By its nature, the good practice guidance can be 6.3 more loosely defined than the conditions and requirements in the code and can therefore be better related to the principles of what premises should be doing to prevent and tackle alcohol-related crime and disorder. The purpose of including good practice within the suite of guidance is to help licensing authorities reach decisions about imposing the locally applied licensing conditions. Licensing authorities could
Chapter 6: Guidance
58
52
ExAmPLES OF GOOd PrACtICE IN ALCOHOL rEtAIL
Alcohol, Social Responsibility and You
A booklet developed by the Wine and Spirit Trade Association for companies in the wine and spirit industry to use in the induction and training of new staff. It sets out the basics of social responsibility, why it is important and how it affects both the company and the individual.
Best Bar None
Best Bar None is an award scheme for licensed premises, currently running in over 80 locations across the UK. It was developed by the Greater Manchester City Centre Safe project to address alcohol-related crime and improve the night-time environment. It was felt that in order for progress to be made in delivering a safer night-time economy, a new partnership approach was needed alongside more traditional law enforcement. Best Bar None schemes provide an incentive for the operations of licensed premises to improve their standards of operation to the level of a commonly agreed national benchmark.
Business Improvement Districts (BIDs)
The development of Business Improvement Districts (BIDs) has made a tangible difference to local areas. Over 90 BIDs are now in existence across the UK. The Nottingham BID was established in October 2007 and is the first specific licensed retail BID in the UK.
Community Alcohol Partnership
The Retail of Alcohol Standards Group (RASG), supported by the Wine and Spirit Trade Association, is making a significant and positive contribution to tackling alcohol-related harms, through the rolling out of their award winning Community Alcohol Partnership (CAP) scheme. As part of the scheme, RASG companies are now regularly training previously problematic independent stores and their staff are providing information to police at an early stage in a bid jointly to tackle proxy purchase and wider problems associated with public underage drinking. The scheme’s success in
consider the extent to which licensed premises are able to demonstrate compliance with good practice standards and take this into account when the licences of problem premises are brought to review.
It is not appropriate to expect premises to 6.4 demonstrate the good practice at the initial application stage as, by definition, they will not yet have been trading and to adopt measures which may not be necessary in relation to individual circumstances would present a costly barrier to new businesses entering the market. However, enforcement authorities will be able to keep the good practice in mind when inspecting premises and will be able to use adherence to those principles as one element of assessing which premises are likely to pose the greatest risk to the licensing objectives.
PrEPArING tHE SuItE OF GuIdANCEThe Policing and Crime Bill includes proposals to 6.5 use the existing power under section 182 of the Licensing Act to issue guidance which licensing authorities must have regard to in carrying out their functions under the Act.
There is an equivalent power to issue statutory 6.6 guidance under section 40 of the Food Safety Act 1990, which food authorities must have regard to when discharging their duties. It sets out the way local authorities should apply the law and how they should work with businesses. This is complemented by the Food Law Practice Guidance which is issued as a further help to enforcement officers. It is intended to use the power under section 40 to incorporate appropriate good practice guidance to support the national requirements to be imposed on licensed premises under the Food Safety Act.
The Government will work with key stakeholders 6.7 in order to produce the finalised suite of guidance.
59
53
on behalf of underage young people. New signage, which makes it clear that under 25s must now expect to be challenged to prove their age and which spells out the heavy fines which could follow for those caught breaking the law, is being rolled out now to many stores and is also freely available for download from www.wsta.co.uk. These signs are already being used by police and trading standards in CAP areas and elsewhere to get independent retailers using the process.
Drinkaware Trust
Drinkaware provides consumers with information to make informed decisions about the effects of alcohol on their lives and lifestyles. Their public education programmes, grants, expert information and resources help create awareness and affect positive change. An independent charity established in 2007, Drinkaware works alongside the medical profession, the alcohol industry and government to achieve its goals.
Drinkaware resources are disseminated to individuals, health-care and education providers, as well as armed forces, youth and community groups. Over 3 million resources are distributed annually. Their £1m annual grant programme supports community groups to deliver tailored alcohol education in local settings enabling us to evaluate emerging practice alongside the evidence that underpins all our work. Drinkaware is uniquely placed to deliver independent, evidence-based and authoritative information in ways that engage and equip consumers of all ages to make positive choices about drinking and their lives.
Managing Safety In Bars, Clubs and Pubs
This BBPA document provides guidance to assess the risk of violence in individual licensed premises, based on existing good practice.
National Pubwatch
National Pubwatch is a voluntary organisation set up to support existing Pubwatches and encourage the creation of new Pubwatch schemes. Local Pubwatches are run by licensees and provide a forum in which they can
Cambridgeshire has led to a rapid rolling out to a number of different areas. More information can be found at www.communityalcoholpartnerships.co.uk.
Community Engagement Good Practice Guide
NOCTIS (in conjunction with Diageo) have produced ‘Community Engagement in the Night-time Economy: A Shine Good Practice Guide’ – a short guide to producing the best partnerships at local level the night-time economy.
The key principles behind the guide are to:
l create shared principles;
l develop and maintain channels of regular communication;
l create opportunities for diversity and inclusiveness;
l foster a positive outlook which views the night-time economy as an asset; and
l ensure that enforcement on irresponsible premises is supported by the wider community.
Challenge 21
A nationally recognised format which highlights the need to ask for, or the likelihood of being asked, for proof of age if the customer appears to be under 21 years old. This widely publicized scheme encourages anyone who is over 18 but looks under 21 to carry acceptable identification (e.g. a card bearing the PASS hologram, a photographic driving licence or a passport) if they wish to buy alcohol.
Challenge 25
RASG has also stepped up measures to combat attempted purchase of alcohol by and for under 18’s with the launch of Challenge 25, which ensures that all those who are over 18 but under 25 possess and show photo identification (such as the Home Office supported PASS hologrammed card) if they wish to purchase alcohol. The new threshold is also designed to assist efforts to combat proxy purchases – where adults purchase alcohol
60
54
exchange information. The BBPA funds National Pubwatch and remains committed to raising the profile of National Pubwatch and awareness of its work.
Proof of Age Standards Scheme (PASS)
The Proof of Age Standards Scheme is an accreditation scheme for proof of age cards that was launched following discussions between Government and the industry. PASS accredited ID carries a hologram to help retailers identify it as reliable
The Portman Group Code of Practice
Established in 1996, the Portman Group’s code of practice on the Naming, Packaging and Promoting of Alcoholic Drinks.
Safer Nightlife
Produced by the alcohol industry, London Drug Policy Forum and the Home Office, Safer Nightlife promotes best practice for all those working in the night-time economy.
In particular it is aimed at:
l licensing authorities
l police and fire officers
l venue managers/promoters and
l health promotion workers
The purpose of Safer Nightlife is to help ensure the health and safety of everyone involved in, and going out to, events in pubs and clubs with particular emphasis on those who also take drugs. The document provides dedicated advice on a range of key issues including creating a safe physical environment, tackling drug dealing, reducing harm from drug use, promoting sexual health and developing a drug policy.
61
55
CALL FOr EVIdENCEIn preparing the guidance, the Government would welcome the submission, by those responding, of examples of:l good practice that all licensing authorities should be aware of when building up an evidence base before
imposing conditions; and
l new and existing codes of practice used by the alcohol industry to demonstrate what makes a ‘well-run’ premises.
The impact assessment also asks:l what should the processes around imposing local discretionary conditions be in order to minimise the costs to
local authorities?
l will any of the proposed conditions have an adverse impact on competition which outweighs the potential benefits? If so, how can that condition be modified to minimise that adverse impact while still achieving the same outcome?
l would the costs of the proposed mandatory and local licensing conditions be significantly different for small businesses? If so, how can the proposed conditions be modified to achieve the same objectives without imposing this additional cost on small businesses?
l are there any of the proposals that are likely to lead to a significant differential impact against any of the seven key diversity strands, namely: race, disability, gender, gender identity, religion and belief, sexual orientation, and age?
Please respond to this call for evidence:l either by emailing your response to [email protected];
l or by writing to Alcohol Strategy Unit, 4th Floor Peel Building, Home Office, 2 Marsham Street, London SW1P 4DF.
© Mitchells & Butler (Crown & Sceptre, Foley St, London W1)
62
56
HOW tO rESPONdThere are 4 ways to respond to the consultation:
1. Online – go to http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/ and following the link to the questionnaire;
2. By Email – Download the questionnaire from http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/, complete it off-line, save it and email it to [email protected];
3. Download and Print – the questionnaire http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/complete it off-line and mail it back to us at Alcohol Strategy Unit, 4th Floor Peel Building, Home Office, 2 Marsham Street, London SW1P 4DF; or
4. By Post: Request a paper response form either by telephoning 0207 035 1759 or writing to Senyo Agbohlah, 4th Floor Peel Building, Home Office, 2 Marsham Street, London SW1P 4DF and post the completed form back to us at:
Alcohol Strategy Unit, 4th Floor Peel Building, Home Office, 2 Marsham Street, London SW1P 4DF.
The final date for responses to reach Government is 5th August 2009.
WHAt tHE COdE mIGHt mEAN FOr mEMEMBERS OF THE PUBLIC
The Government will introduce the new code of 7.1 practice for alcohol retailers which aims to ensure that alcohol is sold in a responsible manner and that practices contributing to alcohol-fuelled crime and disorder do not continue to impact on city centres and communities. The code will not, on its own, eradicate alcohol-related crime and disorder – this needs the involvement of individuals who choose to drink, those who retail alcohol and those
Chapter 7:Responding to the Consultation
who enforce the Licensing Act. It will, however, give the police and local authorities more options to tackle the minority of premises that continue to run irresponsible promotions and practices. It will enable them to tackle multiple premises at the same time, something that the current legislation does not allow for. It also aims to give consumers more choice such as through stopping the practice of only offering larger measures and providing consumers with more information. It may also mean that some alcohol promotions currently available will be stopped, although the code is only designed to stop the worst practices and promotions. Everyone has a role to play in ensuring that all sections of our communities (including the night-time economy) are safe and accessible for responsible adults to enjoy. The code of practice will be a powerful tool that will contribute to the continued decrease in alcohol-related crime and disorder.
LICENCE HOLDERS OR MEMBERS OF STAFF WORkING IN LICENSED PREMISES
The Government hopes that the alcohol industry 7.2 will welcome the consistency of approach to responsible and irresponsible retailing that the code will bring. The code will clearly outline the types of behaviours that the Government expects from licensed premises and what must be stopped.
Alcohol retailers may face some additional costs in 7.3 complying with the code. However, in developing these conditions, the Government is committed to ensuring that they are proportionate and targeted at the minority of businesses who are selling alcohol irresponsibly and contributing to problems. The majority of responsible businesses that do not contribute to alcohol-related crime and disorder will not be affected. We are inviting views on how you think these proposals may effect those that sell or supply alcohol.
63
57
CUSTOMERS OF ON-TRADE OR OFF-TRADE PREMISES
It is not the Government’s intention to punish the 7.4 vast majority of adult drinkers who take advantage of price promotions and responsibly enjoy alcohol. Whereas the code may mean that certain promotions that are deemed to contribute to alcohol-related crime and disorder will be restricted, we believe that the majority of responsible drinkers will still be able to purchase and enjoy competitively-priced alcohol. The aim of the code is to target the most excessive practices that encourage drinkers to over-indulge, leading to incidences of crime and disorder. We are also aiming to increase consumer choice and provide more information to consumers about the alcohol unit content of drinks and the health effects of alcohol.
64
58
IDENTIFIERS:
What’s your gender? (please tick one)
Male
Female
How old are you? (please tick one)
Under 18
18 – 24
25 – 34
35 – 54
Over 55
Where do you live? (please tick one)
North East
North West
South East
Yorkshire and the Humber
West Midlands
East Midlands
East of England
South West
London
Wales
Scotland30
1. rESPONSE FOrm FOr mEmBErS OF tHE PuBLIC
Many adults enjoy drinking alcohol and it is up to individuals to choose whether, or how much, they drink.
However alcohol is a key contributor to crime and disorder, which costs the country between £8 billion to £13 billion in a year. The Government’s role is to get the balance right and make sure:
l those who sell alcohol do so responsibly; and
l everyone can make informed choices about the amount they drink.
We want to hear your views on a new code of practice to help us get the balance right between making sure that alcohol is sold responsibly while at the same time not negatively affecting the majority who do drink responsibly. The code covers three sections,
1. mandatory licensing conditions and Food Safety Act requirements – conditions that would apply to all premises selling or supplying alcohol across England and Wales;
2. discretionary local licensing conditions – allowing local licensing authorities to apply chosen conditions to two or more licensed premises when there is evidence of a link to alcohol-related disorder; and
3. guidance – to make sure that the code of practice is implemented and enforced.
You will be asked to comment on the three sections covered by the code of practice. If your answers do not fit in the spaces provided, please continue on a separate sheet.
Read the full consultation document for more information at: http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/
Annexes
ANNEx A: PrINtOut CONSuLtAtION rESPONSE FOrmS
30 If you live in Scotland, please only answer question 8, as this is the only question which also applies to Scotland. The remainder of the questions are in relation to legislation which applies to England and Wales.
65
59
Tell us your occupation or which organisation you represent:
SECTION ONE, qUESTIONS 1 – 7
The mandatory licensing conditions and Food Safety Act requirements
The mandatory licensing conditions proposed include:
l a ban on:
– irresponsible promotions such as ‘all you can drink for £10’
– activities that encourage excessive drinking such as dispensing alcohol directly into customers’ mouths
l making sure customers are given the choice to buy the smallest measure available (e.g. a 125ml glass of wine), and offered free tap water; and
l making it more difficult for under 18s to buy alcohol online
1. Do the proposed mandatory licence conditions and the reasons for having them make sense to you?
Yes
No
Please give details
2. Can you see the benefits of restricting certain promotions in pubs, bars and clubs to reduce levels of crime and disorder?
Yes
No
Please give details
66
60
3. Will these mandatory licensing conditions affect you? If so, how? (for example, tell us whether you think they would affect how you consume alcohol or have an impact on alcohol-related crime in your area)
4. Do you think any of the proposed mandatory conditions should not be mandatory for licensed premises? If so, why?
Yes
No
The proposed Food Safety Act requirements include:
l making sure that customers are given information about the alcohol unit content of drinks as they buy them; and
l that customers are also given information about the effect alcohol has on their health.
5. Do you think licensed premises should be required to display alcohol unit and health information for customers?
Yes
No
Please give your reasons
If so, what do you think would be the best way of doing this?
67
61
CONSIDERATIONS FOR FUTURE ACTION, qUESTIONS 8 – 9
8. Do you think that Weights and Measures legislation should continue to allow licence-holders to choose whether to offer either 25 ml or 35 ml single measures of certain spirits (i.e. gin, rum, vodka and whisky) or do you think that all on-trade premises should be required to offer only single spirit measures of 25 ml? Or do you think that all on-trade premises should be required to offer only single spirit measures of 35 ml? Please explain your choice.
9. Do you think that banning sales below the price level of excise duty plus VAT would be effective and proportionate in reducing irresponsible, harmful and/or binge drinking? Do you have evidence to support your view? What would be the potential costs and benefits of the impact on health, public safety, consumers, business and competition of introducing such a policy?
6. Are there any types of premises that you feel should be made exempt from this requirement? If so, which types and why.?
7. Are there any types of licensed premises that you think should be made exempt from one or more of the mandatory conditions? If so, which types and why?
Please give details and explain your answer
68
62
11. If any of the local conditions were applied to licensed premises where you live, would they affect you? If so, how? (please tick one)
Yes
No
Please explain
12. Do you think that any of the proposed local conditions should not be available to licensing authorities to apply to groups of two or more premises?
Yes
No
Please explain
SECTION TWO, qUESTIONS 10 – 13
The discretionary local conditions:
These are a range of conditions that can be applied to two or more premises when there is evidence of alcohol-related nuisance – allowing local licensing authorities to tackle alcohol-related problems that stem from groups of licensed premises.
The proposed conditions include:
l a ban on certain promotions taking place during times associated with alcohol-related nuisance, such as ‘happy hours’ and ‘pub crawls’;
l making sure that licensed premises are managed effectively to reduce the risk of nuisance and disorder, such as using door staff, not serving drinks in glass containers and conducting risk reviews;
l making sure that people leaving licensed premises get home in a safe manner, such as implementing a dispersal policy, providing information on transport links and having CCTV; and
l preventing young people from being able to buy alcohol by making sure that licensed premises ask for proof of age from anyone who looks under 21.
10. Are the reasons for the proposed local conditions clear to you? (please tick one)
Yes
No
If so, are these types of problems and promotions a concern where you live?
69
63
SECTION THREE, qUESTION 14
Guidance:
14. If you were concerned about problems relating to groups of licensed premises in your area and how they sell alcohol, what would you do about it? (please tick one)
Complain to someone? (if so, to whom?)
Something else? (if so, what?)
Nothing? (if so, why not?)
Please give details
Is there anything else you would like to tell us, including responses to the call for evidence on page 55, or any questions you would like to ask?
Thank you for your time
13. In order to prevent crime and disorder, should there be a limit on the volume of alcohol that you need to buy before you can get a discount in shops and supermarkets? If so, what do you think the limit should be?
The proposed condition would ban discounts ONLY being available on volumes greater than:
l 12 litres of beer, lager and cider (equivalent to approximately 27 x 440ml cans, 24 x 500ml cans, or 6 x 2 litre bottles);
l 9 litres of wine (equivalent to a case of 12 x normal sized bottles); or
l 2 litres of spirits (equivalent to two large bottles).
Do you think the limit should be (please tick one:)
Below the levels in the proposed condition
The same as the levels in the proposed conditions
Higher than the levels in the proposed condition
Please give your reasons
70
64
Tell us your occupation or which organisation you represent:
If you are replying on behalf of an organisation or association, please can you detail how you have consulted your colleagues or members in preparing this response.
SECTION ONE, qUESTIONS 1 – 5
The proposed mandatory licensing conditions and Food Safety Act requirements
1. Do you have any suggestions that will improve the proposed mandatory licensing conditions and requirements to reduce crime and disorder?
2. rESPONSE FOrm FOr LICENSING AutHOrItIES, ENFOrCEmENt AGENCIES & HEALtH BOdIES
Note: If your answers do not fit in the spaces provided, please continue on a separate sheet.
IDENTIFIERS:
Where do you live? (please tick one)
North East
North West
South East
South West
West Midlands
East Midlands
East of England
Yorkshire and the Humber
London
Wales
Scotland31
31 If you live in Scotland, please only answer question 6, as this is the only question which also applies to Scotland. The remainder of the questions are in relation to legislation which applies to England and Wales.
71
65
4. Would you support the requirement for licensed premises to have to display unit and health information? Are there types of licensed premises that you feel should be exempt from these requirements? If so, which types and why?
5. Are there any types of licensed premises that you feel should be exempted from one or more of the mandatory conditions? If so, which types and why?
2. Is the drafting of these mandatory licensing conditions explicit enough to capture the intended activities? If not, can you provide alternative wording that may be more effective?
3. Are there any of the mandatory licensing conditions that you would not wish to be made mandatory for licensed premises? If so, why?
72
66
SECTION TWO, qUESTIONS 8 – 16
The proposed discretionary local conditions:
8. Do you have any suggestions that will improve the impact of the proposed conditions in reducing nuisance and disorder in your area?
9. Is the drafting of these proposed local conditions explicit enough to achieve the intended impact? If not, can you provide alternative wording?
10. Are there any of the proposed conditions that seem disproportionate or that you do not think licensing authorities should be able to use with groups of two or more premises?
CONSIDERATIONS FOR FUTURE ACTION, qUESTIONS 6 – 7
6. Do you think that Weights and Measures legislation should continue to allow licence-holders to choose whether to offer either 25 ml or 35 ml single measures of certain spirits (i.e. gin, rum, vodka and whisky) or do you think that all on-trade premises should be required to offer only single spirit measures of 25 ml? Or do you think that all on-trade premises should be required to offer only single spirit measures of 35 ml? Please explain your choice.
7. Do you think that banning sales below the price level of excise duty plus VAT would be effective and proportionate in reducing irresponsible, harmful and/or binge drinking? Do you have evidence to support your view? What would be the potential costs and benefits of the impact on health, public safety, consumers, business and competition of introducing such a policy?
73
67
11. If limits are to be placed on supermarkets, convenience stores, etc. for discounting large volumes of alcohol, what levels do you consider should be set? Should it differ for different types of drinks (beer, wine, spirits etc)?
12. Training How might a training requirement applied by licensing authorities to two or more premises work in practice? In particular: what should it contain; how should it be enforced; and should different schemes be available to the on-trade, off-trade and clubs?
13. Seating What are the appropriate levels of seating that should be imposed on ‘high volume vertical drinking establishments’ in order to reduce the risk of nuisance and disorder?
14. Background music Would a restriction on the level of background music contribute to a decrease in nuisance and disorder? If so, how might it be enforced?
15. Harassment/intimidation in premises What more can be done to protect people from harassment and intimidation in and around licensed premises?
74
68
16. Door Staff Do you think that there should be a discretionary local condition to require groups of premises to have door staff in operation during times associated with nuisance and disorder?
SECTION THREE, qUESTIONS 17 – 19
Guidance:
17. Do you think that the enforcement process that we have suggested is appropriate? Can you suggest an alternative?
18. Do you think that the appeals process we have suggested is appropriate? Can you suggest an alternative?
19. How widely do you think these powers will be used and why?
If there is anything else you would like to tell us, including responses to the call for evidence on page 55, or any questions you would like to ask, please include on a separate sheet.
Thank you for your time
75
69
3. rESPONSE FOrm FOr tHOSE WHO SELL Or SuPPLy ALCOHOL & trAdE ASSOCIAtIONS
Note: If your answers do not fit in the spaces provided, please continue on a separate sheet.
IDENTIFIERS:
Where do you live? (please tick one)
North East
North West
South East
South West
West Midlands
East Midlands
East of England
Yorkshire and the Humber
London
Wales
Scotland32
Tell us your occupation or which organisation you represent:
If you are replying on behalf of an organisation or association, please can you detail how you have consulted your colleagues or members in preparing this response.
SECTION ONE, qUESTIONS 1 – 4
The proposed mandatory licensing conditions and Food Safety Act requirements
1. What do you think the impact (in terms of costs and benefits) of these mandatory licensing conditions will be on your business?
32 If you live in Scotland, please only answer question 5, as this is the only question which also applies to Scotland. The remainder of the questions are in relation to legislation which applies to England and Wales.
76
70
2. Are there any of the mandatory licensing conditions that you would not wish to be made mandatory for licensed premises? If so, why?
3. Would you support the requirements for licensed premises to have to display unit and health information? Are there any types of premises that you feel should be made exempt from these requirements? If so, which types and why?
4. Are there any types of licensed premises that you feel should be exempted from one or more of the mandatory conditions? If so, which types and why?
CONSIDERATIONS FOR FUTURE ACTION, qUESTIONS 5 – 6
5. Do you think that Weights and Measures legislation should continue to allow individual licence-holders to choose whether to offer either 25 ml or 35 ml single measures of certain spirits (i.e. gin, rum, vodka and whisky) or do you think that all on-trade premises should be required to offer only single spirit measures of 25 ml? Or do you think that all on-trade premises should be required to offer only single spirit measures of 35 ml? Please explain your choice.
6. Do you think that banning sales below the price level of excise duty plus VAT would be effective and proportionate in reducing irresponsible, harmful and/or binge drinking? Do you have evidence to support your view? What would be the potential costs and benefits of the impact on health, public safety, consumers, business and competition of introducing such a policy?
77
71
SECTION TWO, qUESTIONS 7 – 14
The proposed discretionary local conditions:
7. What do you think the impact of these conditions will be (if they are applied by the local licensing authority) on your business?
8. Are there any of the proposed conditions that seem disproportionate or that you do not think licensing authorities should be able to use with groups of two or more premises?
9. If limits are to be placed on supermarkets, convenience stores, etc. for discounting large volumes of alcohol, what levels do you consider should be set? Should it differ for different types of drinks (beer, wine, spirits etc)?
10. Training How might a training requirement applied by licensing authorities to two or more premises work in practice? In particular: what should it contain; how should it be enforced; and should different schemes be available to the on-trade, off-trade and clubs?
78
72
11. Seating What are the appropriate levels of seating that should be imposed on ‘high volume vertical drinking establishments’ in order to reduce the risk of nuisance and disorder?
12. Background music Would a restriction on the level of background music contribute to a decrease in nuisance and disorder? If so, how might it be enforced?
13. Harassment/intimidation in premises What more can be done to protect people from harassment and intimidation in and around licensed premises?
14. Door Staff Do you think that there should be a discretionary local condition to require groups of premises to have door staff in operation during times associated with nuisance and disorder?
79
73
SECTION THREE, qUESTIONS 15 – 16
Guidance:15. Do you think that the enforcement process that we
have suggested is appropriate? Can you suggest an alternative?
16. Do you think that the appeals process we have suggested is appropriate? Can you suggest an alternative?
If there is anything else you would like to tell us, including to the call for evidence on page 55, or any questions you would like to ask, please include on a separate sheet.
Thank you for your time
80
74
ANNEx B: LISt OF OrGANISAtIONS tHAt GOVErNmENt WOuLd LIkE tO HEAr FrOmFor the purposes of this consultation, the Government would particularly like to hear from the organisations listed below. This is not by any means a definitive list of those who Government wishes to hear from. The consultation is not limited to these groups and we welcome all responses.
l The general public
l Licence holders
l Designated Premises Supervisors
l Police
l Licensing authorities
l Other Responsible Authorities
l Relevant Trade Associations
l Trading Standards
l Those working in the alcohol retail industry
l Crime and Disorder Reduction Partnerships
l Drug and Alcohol Action Teams
l Those representing the travel and tourism industry
l Third Sector organisations
l Health Bodies
81
75
ANNEx C: INFOrmAtION SummAry
SCOPE OF THE CONSULTATION
Topic of this consultation:
The Policing and Crime Bill proposes amendments to the Licensing Act 2003 to enable the introduction of a set of mandatory conditions that will apply to all new and existing premises that are licensed to supply or sell alcohol and a series of discretionary local conditions that could be applied by local licensing authorities to groups of two or more premises. It is also proposed to use existing regulation-making powers in the Food Safety Act 1990 to make further complementary requirements relating to the sale of alcohol. The Executive Summary sets the key points out in more detail.
Scope of this consultation:
This consultation sets out a series of possible mandatory conditions and requirements to be introduced for new and existing alcohol licences, a number of discretionary local conditions that could be applied to groups of two or more licensed premises by local licensing authorities, and a number of other issues relating to the sale of alcohol. The consultation seeks to understand whether these are the best measures to achieve the objectives of reducing alcohol-related crime and disorder, what the practical issues are in their deployment, together with likely costs and benefits and, most importantly, whether the public feels that these are the measures that will help to address its widespread concern at the level of alcohol-related crime and disorder. It also seeks to understand if any types of premises should be exempted from the mandatory conditions and/or the national requirements. This evidence will be used to inform and develop the final set of conditions. Alcohol industry stakeholders are also invited to submit good practice guidance for consideration of inclusion in good practice guidance.
Geographical scope:
The conditions in the code of practice will cover England and Wales. There is also a question relating to spirit measures that would also apply in Scotland.
Impact assessment (IA):
The impact assessment for this consultation provides further detail on the estimated costs and benefits of the code and is available to be downloaded at http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/
82
76
BASIC INFORMATION
To: We welcome responses from all who have an interest in the subject, but we particularly value responses from members of the general public from their many perspectives (e.g. as consumers of alcohol, or as those who are affected by alcohol-related crime and disorder etc.), and from those who would be immediately affected by the code: those who are involved in the sale of alcohol, licence holders, licensing authorities, enforcement agencies, any other interested groups and members of communities.
Dates/Duration: This consultation starts on 13th May 2009 and runs until the 5th August 2009.
Enquiries: All enquiries relating to this consultation should be addressed to:Senyo Agbohlah. Tel: 020 7035 1759. Email: [email protected]
How to respond: There are 4 ways to respond to the consultation:1. Online – go to http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/ and following the link to the questionnaire;2. By Email – Download the questionnaire from http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/, complete it off-line, save it and email it back at [email protected];3. Download and Print – the questionnaire http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/ complete it off-line and mail it back to us at Alcohol Strategy Unit, 4th Floor Peel Building, Home Office, 2 Marsham Street, London SW1P 4DF; or4. By Post: Request a paper response form either by telephoning 0207 035 1759 or writing to Senyo Agbohlah, 4th Floor Peel Building, Home Office, 2 Marsham Street, London SW1P 4DF and post the completed form back to us at:Alcohol Strategy Unit, 4th Floor Peel Building, Home Office, 2 Marsham Street, London SW1P 4DF.
Additional ways to become involved:
The Home Office will be arranging a number of consultation events during the course of the consultation that will be held at selected locations throughout the country. These consultation events will provide opportunities for detailed discussion of the issues involved in applying the conditions and their probable impact. Consultation events will involve representative groups of the general public, licence holders, consumers, licensing authorities, enforcement agencies, any other interested groups and members of communities.
After the consultation: The Home Office intends to publish a report summarising the evidence and opinions gathered through this consultation within 3 months of the closing date of the consultation.
83
77
BACkGROUND
Getting to this stage: In 2005 the alcohol industry developed its own set of voluntary social responsibility standards. An independent review of these standards, on behalf of Government, concluded that they were not well enough known or adhered to by those selling alcohol. The review also showed that they had not resulted in a reduction in alcohol-related crime and disorder. In the Youth Alcohol Action Plan, launched in July 2008, Government announced an intention to make the standards mandatory if required. The Policing and Crime Bill, currently before Parliament, creates a new power to enable the introduction of a set of mandatory conditions and local discretionary conditions for alcohol licences in England and Wales.
Previous engagement: Ahead of this public consultation, Government officials held several discussions with more than 50 key stakeholders representing the alcohol industry, police and local enforcement agencies, health and third sector organisations and the tourism sector to discuss what conditions might be included in the new mandatory code of practice. The proposals being consulted on, set out below, have been informed by these views.
Please contact the Alcohol Strategy Unit if you would like a copy of this consultation paper in any other format, e.g. Braille, Welsh, Large Font, or Audio.
84
78
Know Your Limits
Launched in 2006, ‘Know your Limits’ is a cross-government campaign which focuses on promoting sensible drinking. The campaign has two strands. One targets 18-24 year olds and focuses on binge drinking and its social implications, led by the Home Office. The other aims to promote an understanding amongst 25s and above of the units in different drinks and the resulting health harms, led by the Department of Health.
Licensing Act 2003
The Act established a single integrated scheme for licensing premises which are used for the supply of alcohol, provide regulated entertainment or provide late night refreshment.
Licensing Act 2003 – Section 182 Guidance
The Secretary of State issued Statutory revised Guidance to licensing authorities under section 182 of the Act on 28 June 2007. Each licensing authority must have regard to this Guidance.
Licensing Authority
Licensing authorities can issue premises licences, club premises certificates and temporary event notices in their area, as well as personal licences for residents and renewals of personal licences for those who had previously applied for a personal licence while resident in the licensing authority’s area. It is a duty of all licensing authorities to carry out their functions under the Licensing Act 2003 with a view to promoting the four licensing objectives, which are:
l the prevention of crime and disorder;
l public safety;
l the prevention of public nuisance; and
l the protection of children from harm.
ANNEx d: GLOSSAry
Binge Drinking
Binge drinking is essentially drinking too much alcohol over a short period of time, e.g. over the course of an evening, and it is typically drinking that leads to drunkenness. It has immediate and short-term risks to the drinker and those around them.
Crime and Disorder Reduction Partnerships (CDRPs)
Established through section 17 of the Crime and Disorder Act 1998, CDRPs are local area partnerships consisting of the police, local authorities, fire authorities and Primary Care Trusts who work together to reduce crime and disorder in their area.
Food Safety Act 1990
The Act was introduced to regulate the production, processing, storage, distribution or sale of food and is applicable to all food premises.
Food Standards Act 1999
The Act established the Food Standards Agency and set out its main objective of protecting public health in relation to food and enabled the Agency to act in the consumer’s interest at any stage in the food production and supply chain.
Glassings
A glassing is a physical attack using a glass or glass bottle as a weapon. Glassing can occur at bars or pubs where alcohol is served, and a drinking glass or bottle is available as a weapon. The most common method of glassing involves the attacker smashing an intact glass in the face of the victim. However the glass may be smashed prior to the attack, and then gripped by the remaining base of the glass or neck of the bottle with the broken shards protruding outwards. Common injuries resulting from glassings are heavy blood loss, permanent scarring, disfigurement and loss of sight through eye injury.
85
79
In discharging their functions under the Act, the licensing authority must also have regard to its licensing policy which sets out how it intends to exercise its functions. The licensing policy statement is drafted every three years by each licensing authority following consultation.
PCSOs
Police community support officers (PCSOs) are uniformed staff whose role is to support the work of police officers and work within their local community. They may help with issues such as:
l providing a visible and reassuring presence within communities;
l attending incidents of disorder, nuisance and antisocial behaviour;
l gathering evidence through observation;
l helping with missing persons enquiries; and
l speaking to young people who might be drunk and causing problems, confiscating alcohol and tobacco if necessary.
Penalty Notice for Disorder (PNDs)
PNDs are part of the wider fixed penalty scheme that deals quickly and effectively with antisocial and nuisance behaviour. They can be issued to individuals who partake in alcohol-fuelled crime and disorder and to staff of licensed premises who break the law by selling alcohol to young people and drunks.
Policing and Crime Bill
The Policing and Crime Bill, currently before Parliament, contains a series of measures to reduce the harms associated with alcohol misuse. The Bill will allow for a mandatory set of licensing conditions applicable to the sale of alcohol. These conditions will ban the most irresponsible practices and promotions. To reflect the fact that sometimes it is the collective impact of a number of premises which leads to alcohol-related nuisance or disorder, the new powers will also enable local licensing authorities to attach licensing conditions to groups of premises in an area experiencing alcohol-
related nuisance and disorder. Although the compulsory national conditions will affect all licensed premises, the majority of businesses, small or large, who behave responsibly will not be affected by the code.
The Bill also makes a series of amendments to police powers to allow them to tackle people, particularly the young, who are drinking in public more effectively. The Bill will tighten current conditions for the offence of selling alcohol to persons under the age of 18; increase the maximum fine for drinking in designated public places; and make it an offence for young persons to persistently possess alcohol in public. These actions should prevent underage sales, and reduce the amount of alcohol-related crime, disorder and associated harms.
Public Service Agreement (PSA) 25 – Reducing the harm from Alcohol and Drugs
The PSA intends to produce a long-term and sustainable reduction in the harms associated with alcohol and drugs. The key actions include:
l public health campaigns and education to raise awareness of harms associated with alcohol and drug use;
l a focus on addressing substance misuse amongst young people;
l a new focus on supporting families most at risk, where there are multiple problems, often including parental substance misuse;
l helping people who use illegal drugs or drink harmfully to live healthier lives; and
l tackling crime and the key drivers of offending, reducing crime and disorder related to alcohol and drugs and tackling the supply of drugs and the irresponsible sale or promotion of alcohol.
Responsible Person
Is defined in section 153(4) of the Licensing Act 2003 to include (inter alia) the licence holder, designated premises supervisor and authorised person aged over 18 years.
86
80
‘Safe. Sensible. Social. The next steps in the Alcohol Strategy’
Published in June 2007, outlining the Government’s long term approach to tackling alcohol-related harm with a focus on young people under 18 who drink alcohol, 18-24 year old binge drinkers, and harmful drinkers.
Social Responsibility Standards for the Sale and Production of Alcohol Drinks in the UK
These standards were compiled by sixteen leading trade associations and organisations involved in the production, marketing and retailing of alcohol in partnership with Government and other agencies, drawing together good practice and advice into a cohesive set of standards to promote social responsibility in the production and sale of alcohol.
Units
A UK unit is 10ml or 8 grams of pure alcohol. The number of units in a drink depends on what you are drinking, how strong it is and how much there is. For example, a pint of ordinary strength beer (4%) is 2.3 units, and a medium glass of wine (175ml) at 13% is 2.3 units.
Violent Crime Reduction Act 2006
The Violent Crime Reduction Act 2006 gave police and local authorities additional powers to tackle irresponsible individual licensed premises, to reinforce local alcohol retailers’ collective responsibility for alcohol-related crime and disorder and to tackle the behaviour of individuals. Key new powers included:
l Alcohol Disorder Zones;
l Directions to Leave;
l Expedited reviews;
l Enabling police and/or trading standards officers to ban the sale of alcohol for up to 48 hours at premises that are persistently selling alcohol to under-18s; and
l Drink Banning Orders.
ANNEx E: StANdArd StAtEmENt OF CONSuLtAtION CrItErIAThis consultation follows the Government’s code of practice on consultation – the criteria for which are set out below:
Criterion 1: When to consult – Formal consultation should take place at a stage when there is scope to influence the policy outcome.
Criterion 2: Duration of consultation exercises – Consultations should normally last for at least 12 weeks with consideration given to longer timescales where feasible and sensible.
Criterion 3: Clarity of scope and impact – Consultation documents should be clear about the consultation process, what is being proposed, the scope to influence and the expected costs and benefits of the proposals.
Criterion 4: Accessibility of consultation exercises – Consultation exercises should be designed to be accessible to, and clearly targeted at, those people the exercise is intended to reach.
Criterion 5: The burden of consultation – Keeping the burden of consultation to a minimum is essential if consultations are to be effective and if consultees’ buy-in to the process is to be obtained.
Criterion 6: Responsiveness of consultation exercises – Consultation responses should be analysed carefully and clear feedback should be provided to participants following the consultation.
Criterion 7: Capacity to consult – Officials running consultations should seek guidance in how to run an effective consultation exercise and share what they have learned from the experience.
The full code of practice on consultation is available at: http://www.berr.gov.uk/whatwedo/bre/consultation-guidance/page44420.html
87
81
ANNEx G: rESPONSES: CONFIdENtIALIty & dISCLAImErThe information you send us may be passed to colleagues within the Home Office, the Government or related agencies.
Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 1998 (DPA) and the Environmental Information Regulations 2004).
If you want other information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.
In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.
The Department will process your personal data in accordance with the Data Protection Act and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.
ANNEx F: StANdArd StAtEmENt ON CONSuLtAtION CO-OrdINAtOrIf you have a complaint or comment about the Home Office’s approach to consultation, you should contact the Home Office Consultation Co-ordinator, Nigel Lawrence.
Please DO NOT send your response to this consultation to Nigel Lawrence. The Co-ordinator works to promote best practice standards set by the Government’s code of practice, advises policy teams on how to conduct consultations and investigates complaints made against the Home Office. He does not process your response to this consultation.
The Co-ordinator can be emailed at: [email protected] or alternatively write to him at:
Nigel Lawrence Consultation Co-ordinator Home Office Performance and Delivery Unit Better Regulation Team 3rd Floor Seacole 2 Marsham Street London SW1P 4DF
88
82
ANNEx H: EStImAtES OF ALCOHOL-rELAtEd COStS ACrOSS ENGLANd ANd WALES
Body/organisation Annual Cost Explanation of cost
Alcohol-related crime
(including costs to the victims of crime)
£8bn to £13bn This estimate takes into account the costs in anticipation of crime, the direct physical and emotional costs to victims, the value of lost output, and the costs to the health service and Criminal Justice System. It is estimated on the basis of attributable fractions calculated from the Offending, Crime and Justice Survey.33
Licensing authority £21.6m This estimate is based on a sample of 48% of licensing authorities in 2007/0834. The costs are net of the value of licensing fees collected as these are transfers
Trading standards and Police enforcement costs
Unknown The costs of enforcement including inspections and reviews of premises licences, test purchases, police prevention of sales of alcohol to underage drinkers and dispersal of drunk and rowdy crowds. It is not possible to extract these costs from other costs associated with upholding the Licensing Act
NHS35 £2.7bn36 Includes hospital inpatient and day visits (both wholly and partially attributable to alcohol), A&E costs, ambulance service costs, GP consultations and specialist treatment
Licencee (through compliance with licensing conditions) and Licensing fees
Admin costs of applying for licences: £83.9mLicensing fees: £48.8m
The administrative costs were estimated by DCMS using BERRs standard cost model. Licensing fees are estimated using the same survey of licensing authorities as above. There will also be additional compliance costs but it is not possible to estimate these as they will vary for each premise depending on the particular conditions imposed.
Total £12bn – £18bn
33 See impact assessment for the enabling power for the mandatory code in the Policing and Crime Bill, available at: http://www.homeoffice.gov.uk/documents/ia-police-crime-bill-08/ia-alcohol-Code-practice?view=Binary
34 The LGA/LACORS Licensing Fee Survey 2008, the results of which are published in unfinished business: a state-of-play report on alcohol and the licensing act 2003
35 Whilst health is not a licensing objective, the alcohol-related health costs are significant and are therefore still presented. See the impact assessment published alongside Safe, Sensible, Social, – consultation on further action for further details of the calculations.
36 This figure includes all the cost to the NHS of those injuries that arise as a result of crime. There is therefore likely to be some double counting with the costs of crime estimate. Initial estimates suggest that between £600m and £1.5bn of the estimated costs of crime may be to the NHS. However, this is not comparable to the £2.7bn estimate of the total cost of alcohol to the NHS.
89
© Crown Copyright 2009
Produced by the Home Office. May 2009. Ref: 294825. ISBN: 978-1-84726-888-4
90
Appendix B
RESPONSE FORM FOR LICENSING AUTHORITIES, ENFORCEMENT AGENCIES & HEALTH BODIES Many adults enjoy drinking alcohol and it is up to individuals to choose whether, or how much, they drink. However alcohol is a key contributor to crime and disorder, which costs the country between £8 billion to £13 billion in a year. The Government’s role is to get the balance right and make sure:
those who sell alcohol do so responsibly; and
everyone can make informed choices about the amount they drink. We want to hear your views on a new code of practice to help us get the balance right between making sure that alcohol is sold responsibly while at the same time not negatively affecting the majority who do drink responsibly. The code covers three sections: 1. Mandatory licensing conditions and Food Safety Act requirements – conditions that would apply to all premises selling or supplying alcohol across England and Wales; 2. Discretionary local licensing conditions – allowing local licensing authorities to apply chosen conditions to two or more licensed premises when there is evidence of a link to alcohol-related disorder; and 3. Guidance – to make sure that the code of practice is implemented and enforced. You will be asked to comment on the three sections covered by the code of practice. If your answers do not fit in the spaces provided, please continue on a separate sheet. Read the full consultation document for more information at: http://www.homeoffice.gov.uk/about-us/haveyoursay/ current-consultations/ Please download this document and save it to your computer, fill in your responses in the tick boxes and text boxes provided and then e-mail it back to us at: [email protected]
91
Appendix B
Identifiers: Where do you live? (please tick one) North East North West South East Yorkshire and the Humber West Midlands East Midlands East of England South West London Wales Scotland1 Tell us your occupation or which organisation you represent: If you are replying on behalf of an organisation or association, please can you detail how you have consulted your colleagues or members in preparing this response.
1 If you live in Scotland, please only answer question 6, as this is the only
question which also applies to Scotland. The remainder of the questions are in relation to legislation which applies to England and Wales.
92
Appendix B
Section one, questions 1 – 5 The proposed mandatory licensing conditions and Food Safety Act requirements 1. Do you have any suggestions that will improve the proposed mandatory licensing conditions and requirements to reduce crime and disorder?
2. Is the drafting of these mandatory licensing conditions explicit enough to capture the intended activities? If not, can you provide alternative wording that may be more effective?
3. Are there any of the mandatory licensing conditions that you would not wish to be made mandatory for licensed premises? If so, why?
4. Would you support the requirement for licensed premises to have to display unit and health information? Are there types of licensed premises that you feel should be exempt from these requirements? If so, which types and why?
5. Are there any types of licensed premises that you feel should be exempted from one or more of the mandatory conditions? If so, which types and why?
93
Appendix B
Considerations for Future Action, questions 6 – 7 6. Do you think that Weights and Measures legislation should continue to allow licence-holders to choose whether to offer either 25 ml or 35 ml single measures of certain spirits (i.e. gin, rum, vodka and whisky) or do you think that all on-trade premises should be required to offer only single spirit measures of 25 ml? Or do you think that all on-trade premises should be required to offer only single spirit measures of 35 ml? Please explain your choice.
7. Do you think that banning sales below the price level of excise duty plus VAT would be effective and proportionate in reducing irresponsible, harmful and/or binge drinking? Do you have evidence to support your view? What would be the potential costs and benefits of the impact on health, public safety, consumers, business and competition of introducing such a policy?
94
Appendix B
Section two, questions 8 – 16 The proposed discretionary local conditions: 8. Do you have any suggestions that will improve the impact of the proposed conditions in reducing nuisance and disorder in your area?
9. Is the drafting of these proposed local conditions explicit enough to achieve the intended impact? If not, can you provide alternative wording?
10. Are there any of the proposed conditions that seem disproportionate or that you do not think licensing authorities should be able to use with groups of two or more premises?
11. If limits are to be placed on supermarkets, convenience stores, etc. for discounting large volumes of alcohol, what levels do you consider should be set? Should it differ for different types of drinks (beer, wine, spirits etc)?
95
Appendix B
12. Training How might a training requirement applied by licensing authorities to two or more premises work in practice? In particular: what should it contain; how should it be enforced; and should different schemes be available to the on-trade, off-trade and clubs? 13. Seating What are the appropriate levels of seating that should be imposed on ‘high volume vertical drinking establishments’ in order to reduce the risk of nuisance and disorder?
14. Background music Would a restriction on the level of background music contribute to a decrease in nuisance and disorder? If so, how might it be enforced?
15. Harassment/intimidation in premises What more can be done to protect people from harassment and intimidation in and around licensed premises?
16. Door Staff Do you think that there should be a discretionary local condition to require groups of premises to have door staff in operation during times associated with nuisance and disorder?
96
Appendix B
Section Three, questions 17 – 19 Guidance: 17. Do you think that the enforcement process that we have suggested is appropriate? Can you suggest an alternative?
18. Do you think that the appeals process we have suggested is appropriate? Can you suggest an alternative?
19. How widely do you think these powers will be used and why?
If there is anything else you would like to tell us, including responses to the call for evidence on page 55, or any questions you would like to ask, please include here:
Thank you for your time
97
Item No 5 LICENSING COMMITTEE
20 JULY 2009
SUBJECT:
DRAFT LINCOLNSHIRE ALCOHOL HARM REDUCTION STRATEGY 2009-2011
REPORT BY:
DIRECTOR OF RESOURCES
LEAD OFFICER:
LORNA PURCELL, LICENSING ASSISTANT
1. Purpose of Report
1.1 To inform the Committee of the Consultation document, Lincolnshire Alcohol
Harm Reduction Strategy 2009-2011.
1.2 To co-ordinate the Licensing Authority’s response (if any) to the consultation.
2. Background
2.1 Lincolnshire County Council’s Safer Communities’ Crime and Disorder Reduction Team are tasked with compiling the Lincolnshire Alcohol Harm Reduction Strategy.
2.2 The strategy will aim to put in place local public service agreements to improve the way that alcohol related harm in Lincolnshire is tackled.
2.3 Although the Licensing Authority (as defined under the Licensing Act 2003) is a consultee, it has no specific responsibilities identified within the delivery plan. Where the Licensing Act 2003 is mentioned the responsibilty for implementing the strategy is seen to lie with either Lincolnshire Police or Lincolnshire County Council Trading Standards.
2.4 The consultation ended on 7 July 2009, however the strategy will be “refreshed” in six to eight months time and any comments or ideas can be considered for inclusion at this point.
3. Main Body of Report
3.1 The consultation document is attached at Appendix A.
3.2 The Crime and Disorder Reduction Team is working with its partners to formulate a programme to tackle the wide-ranging effects of alcohol misuse.
98
3.3 The three main strategic priorities identified within the document are:
Positive attitides, positive choices.
Supporting families and communities.
Improved support and treatment.
3.4 A draft delivery plan has been created with the aim of significantly reducing levels of alcohol abuse and many of the associated medical, physical, psychological, financial and social harms that it inflicts to the people and communities of Lincolnshire.
3.5 A disturbing aspect of the statistics utilised in the report is the high incidence of hospital admissions (page 37 Appendix A) and the alcohol related crime figures (page 39 Appendix A) in respect of Lincoln City, although the crime figures carry a warning as to accuracy.
3.6 If the strategy is agreed it is hoped that by establishing partnership working there will be a long-term sustainable improvement in the delivery of key services across Lincolnshire.
3.7 An extract from the minutes of the Alcohol Harm Reduction Lincolnshire Strategic Management Board meeting held on the 28 May 2009 is attached at Appendix B.
4. Resource Implications
4.1 (i) Finance (including impact on Savings Targets)
- Capital Implications Nil
- Revenue Implications Nil
4.2 (i) Staffing Nil
4.3 (ii) Property/Land/Accommodation Implications
Nil 4.4 (iii) Procurement
Nil Discretionary assessments
5. Policy Implications
5.1 (i) Strategic Priority 5.2 (ii) S.17 Crime and Disorder
99
5.3 (iii) Equality and Diversity 5.4 (iv) Environmental Sustainability 5.5 (v) Community engagement/ communication 6. Consultation and Communication 7. Legal Implications
7.1 (i) Legal - Nil 7.2 (ii) Contractual - Nil 7.3 (iii) Constitutional Issues - Nil.
Mandatory Assessment
8. Assessment of Options
8.1 (i) Key Issues
8.2 (ii) Risks Assessment (including Impact Assessment)
9. Recommendation
9.1 The Licensing Committee is asked to view the consultation document and consider any response to it.
100
Access to Information: Does the report contain exempt information, which would prejudice the public interest requirement if it was publicised?
No
Key Decision No
Key Decision Reference No.
Do the Exempt Information Categories Apply
Yes/No
Call In and Urgency: I s the decision one to which Rule 15 of the Scrutiny Procedure Rules apply?
Yes/No
List of Background Papers:
Appendix A: Draft Lincolnshire Alcohol Harm Reduction Strategy 2009-2011 Appendix B Extract from the Alcohol Harm Reduction Lincolnshire Strategic Management Board meeting, 28th May 2009.
Lead Officer: Lorna Purcell Telephone 873564
101
12
Chris
Avis
Alco
hol R
educ
tion C
oord
inato
r
Linco
lnshir
e Cou
nty C
ounc
il, Cr
ime a
nd Di
sord
er Re
ducti
onWi
tham
Park
Hous
e, Wa
tersi
de So
uth,
Linco
ln, LN
5 7JN
Tel: 0
1522
5545
08
www.
linco
lnshir
e.gov
.uk/cr
imea
nddis
order
www
.lincs
2alco
hol.c
o.uk
DRAF
T
102
31
1) In
trodu
ction
XX
2)
Strat
egic
Prior
ities
XX
St
rateg
ic Pr
iority
1 -
Posit
ive At
titud
e, Po
sitive
Choic
es
Strat
egic
Prior
ity 2
- Su
ppor
ting F
amili
es &
Comm
uniti
es
Strat
egic
Prior
ity 3
- Im
prov
ed Su
ppor
t & Tr
eatm
ent
5) De
livery
Plan
XX
6) Al
coho
l Rela
ted H
arm
in Lin
colns
hire
XX8)
Appe
ndix
1 XX
Indic
ator
s in t
he Na
tiona
l Ind
icato
r Se
t tha
t link
to al
coho
l misu
se
9) Re
feren
ces &
Glos
sary
XX
Conte
nts: L
incoln
shire
Alco
hol H
arm
Redu
ction
Strat
egy 2
009-
11
Cont
ents
103
23
Howe
ver a
lcoho
l has
also
beco
me lin
ked w
ith dr
unke
n vio
lence
and d
isorde
r, van
dalis
m an
d the
imag
es of
ov
ercrow
ded a
ccide
nt an
d eme
rgenc
y dep
artme
nts
deali
ng wi
th the
harm
s of e
xcessi
ve dr
inking
. Misu
se
of alc
ohol
unde
rpins
a wi
de ra
nge o
f pres
sures
on
many
loca
l servi
ces:
The l
ocal
crimi
nal ju
stice
syste
m thr
ough
■
alcoh
ol rel
ated a
nti-so
cial a
nd vi
olent
beha
viour
Healt
h serv
ices b
oth ac
ute
■
and p
rimary
care
throu
gh th
e pres
sures
of
binge
and l
ong
term
exce
ssive
drink
ingSo
cial C
are Se
rvice
s thro
ugh t
he ef
fects
of
■
drink
ing on
indiv
iduals
and f
amilie
sIn
addit
ion, th
e cos
ts of
workp
lace a
bsen
teeism
on
local
busin
ess a
nd or
ganis
ation
s are
thoug
ht to
be
subs
tantia
l. At t
he na
tiona
l leve
l, the
cost
of alc
ohol
relate
d dea
ths an
d abs
entee
ism is
estim
ated t
o be u
p to
£6.4
billio
n (Int
erim
Analy
tical
Repo
rt, 20
03).
In Lin
colns
hire w
e hav
e rec
ognis
ed th
at we
need
to
tackle
alco
hol m
isuse
throu
gh a
numb
er of
respo
nses
:
A cros
s cutt
ing th
eme w
ithin
the Lo
cal A
rea
■
Agree
ment
The e
stabli
shme
nt of
the Al
coho
l Harm
■
Redu
ction
Linc
olnsh
ire; m
anag
ed th
rough
co
unty
comm
unity
safet
y stru
ctures
.Inc
rease
d inv
estm
ent fr
om th
e Prim
ary Ca
re
■
Trust
into c
ounty
wide
alco
hol tr
eatm
ent
servi
ces
A com
mitm
ent t
o prod
uce a
nd si
gn up
to th
e
■
first L
incoln
shire
Alco
hol H
arm Re
ducti
on
Strate
gy.
The m
embe
rs of
the Al
coho
l Harm
Redu
ction
Lin
colns
hire a
re wo
rking
closel
y with
a ran
ge of
pa
rtners
to de
velop
a co
mpreh
ensiv
e and
co-or
dinate
d pro
gramm
e of a
ction
to ta
ckle
the wi
de ra
nging
effec
ts of
alcoh
ol mi
suse
on th
e resi
dents
, comm
unitie
s and
vis
itors
to Lin
colns
hire .
Alco
hol p
lays a
n imp
ortan
t and
posit
ive ro
le in
many
as
pects
of Br
itish
life.
Drink
ing al
coho
l for m
ost o
f us
is as
socia
ted w
ith ce
lebrat
ion an
d enjo
yable
so
cial in
terac
tion.
Introd
uctio
n: Lin
colns
hire A
lcoho
l Har
m Re
ducti
on St
rateg
y 200
9-11
Intro
ducti
onNa
tiona
l Con
text
In 20
07/08
the g
overn
ment
conti
nued
its fo
cus o
n red
ucing
alco
hol-re
lated
harm
throu
gh a
numb
er of
aven
ues. I
n Jun
e 200
7 it p
ublis
hed a
n upd
ate of
the
2004
alco
hol h
arm re
ducti
on st
rateg
y title
d ‘Sa
fe.
Sens
ible.
Socia
l. The
Next
Steps
in th
e Nati
onal
Alcoh
ol Str
ategy
’. The
key s
teps o
utline
d in t
his st
rateg
y inc
lude:
sharp
ened
crim
inal ju
stice
for c
rimina
l be
havio
ur; a
review
of NH
S alco
hol sp
endin
g; mo
re he
lp for
peop
le wh
o wan
t to d
rink l
ess; t
ough
ened
en
force
ment
of un
derag
e sale
s; trus
ted gu
idanc
e for
paren
ts an
d you
ng pe
ople;
publi
c info
rmati
on
camp
aigns
to pr
omote
a ne
w sen
sible
drink
ing
cultu
re; pu
blic c
onsu
ltatio
n on a
lcoho
l pric
ing an
d pro
motio
n; an
d the
deve
lopme
nt of
local
alcoh
ol str
ategie
s.
Natio
nal A
lcoho
l Sup
port
Team
Visit
to
Linc
olnsh
ire No
vemb
er 20
08In
Nove
mber
2008
the A
lcoho
l Harm
Redu
ction
Na
tiona
l Sup
port T
eam
were
invite
d to v
isit
Linco
lnshir
e to h
elp th
e Prim
ary Ca
re Tru
st (PC
T),
Loca
l Auth
ority,
Strat
egic
Healt
h Auth
ority
(SHA)
and
other
partn
ers to
iden
tify op
portu
nities
in re
lation
to
impro
ving d
elive
ry ag
ainst
alcoh
ol ha
rm re
ducti
on
targe
ts. Th
is su
pport
took
the f
orm of
a sit
e visi
t by
a tea
m of
expe
rienc
ed pr
actit
ioners
. A re
port o
f the
visit
was p
rovide
d alon
g with
sugg
estio
ns an
d off
ers wi
th res
pect
to fur
ther fa
cilita
tion a
nd su
pport
. Th
ese r
ecom
mend
ation
s hav
e help
ed in
forme
d the
de
velop
ment
of thi
s stra
tegy.
Introd
uctio
n: Lin
colns
hire A
lcoho
l Har
m Re
ducti
on St
rateg
y 200
9-11
104
We wa
nt Lin
colns
hire t
o be a
plac
e whe
re alc
ohol
is en
joyed
resp
onsib
ly an
d whe
re all
the p
eople
of Li
ncoln
shire
contr
ibute
effec
tively
and r
ealis
e the
ir pote
ntial
as
indivi
duals
, fami
lies a
nd ho
w the
y form
pa
rt of c
ommu
nities
.
We ar
e clea
r that
the sc
ale an
d exte
nt of
alcoh
ol mi
suse
in Li
ncoln
shire
requ
ires
a con
certe
d, eff
ectiv
e and
prop
ortion
ate
respo
nse f
rom th
e mult
i-age
ncy p
artne
rship
to tac
kle it.
There
is no
sing
le, si
mple
solut
ion. A
n eff
ectiv
e alco
hol st
rateg
y is o
ne th
at en
comp
asse
s a ra
nge o
f inter
venti
ons
aimed
at th
e who
le po
pulat
ion wi
th pa
rticu
lar ta
rgetin
g for
high-r
isk gr
oups
. Wh
ere po
ssible
, we h
ave d
rawn o
n the
na
tiona
l and
inter
natio
nal e
viden
ce ba
se
to ide
ntify
those
mea
sures
which
offer
the
greate
st ch
ance
of su
cces
s.
We ca
nnot
deliv
er the
long
term
-susta
inable
ch
ange
requ
ired b
y work
ing in
isola
tion.
It is
esse
ntial
that w
e work
in pa
rtners
hip wi
th a w
ide ra
nge o
f grou
ps an
d age
ncies
. Only
by
doing
so ca
n we c
hang
e Linc
olnsh
ire’s
relati
onsh
ip wi
th alc
ohol
for go
od an
d en
sure
that w
e use
our re
sourc
es ef
fectiv
ely
to ad
dress
the pr
oblem
s we a
re fac
ing
today
. The
refore
“Alco
hol H
arm Re
ducti
on-
Linco
lnshir
e” ha
s bee
n esta
blish
ed - p
ulling
tog
ether
all of
the r
eleva
nt pa
rtners
such
as
Linco
lnshir
e Prim
ary Ca
re Tru
st, Li
ncoln
shire
Co
unty
Coun
cil, D
istric
t Cou
ncils
, Unit
ed
Linco
lnshir
e Hos
pital
Trust,
Linc
olnsh
ire
Polic
e, Lin
colns
hire F
ire &
Rescu
e, Lin
colns
hire P
robati
on, L
incoln
shire
Drug
and A
lcoho
l Serv
ices t
o nam
e but
a few
. This
gro
up wi
ll prov
ide th
e nec
essa
ry lea
dersh
ip to
tackle
the h
arm ca
used
by al
coho
l.
Base
d on o
ur kn
owled
ge an
d und
erstan
ding
of alc
ohol
misu
se Al
coho
l Harm
Redu
ction
Lin
colns
hire c
onsid
ers th
at su
staine
d acti
on
is req
uired
in th
ree ar
eas:
1.) Po
sitive
Attit
udes
, Pos
itive C
hoice
s2.)
Supp
orting
Fami
lies &
Comm
unitie
s3.)
Impro
ved S
uppo
rt & Tr
eatm
ent
Unde
r eac
h of th
ese he
ading
s we o
utline
tho
se ac
tions
we ar
e alre
ady c
ommi
tted
to, as
well a
s the
new p
roposa
ls tha
t we w
ill un
derta
ke. To
gethe
r the a
ims o
f the m
easu
res
are bo
th to
addre
ss cu
rrent
proble
ms an
d de
liver lo
ng-te
rm su
staina
ble ch
ange
.
Meas
uring
our S
ucce
ssWh
ile ou
r app
roach
is ba
sed o
n the
best
natio
nal a
nd in
terna
tiona
l evid
ence
of th
e eff
ectiv
enes
s of h
arm re
ducti
on, it
is cr
ucial
tha
t we e
valua
te an
d rev
iew ho
w and
to
what
exten
t we a
re ac
hievin
g our
desir
ed
outco
mes f
or the
peop
le of
Linco
lnshir
e. Alc
ohol
Harm
Redu
ction
Linc
olnsh
ire wi
ll de
velop
a co
mpreh
ensiv
e mon
itorin
g and
ev
aluati
on fra
mewo
rk to
meas
ure ho
w the
ac
tions
we pu
t in pl
ace t
oday
contr
ibute
to red
ucing
Linc
olnsh
ire’s a
lcoho
l misu
se
proble
ms to
morro
w. Wh
ere ga
ps in
our
know
ledge
exist
, it wi
ll be t
he ro
le of
the
partn
ership
to co
nside
r how
thes
e gap
s can
be
bridg
ed. T
he de
livery
plan
later
in th
e do
cume
nt se
ts ou
t a nu
mber
of ke
y alco
hol-
relate
d ind
icator
s whic
h we b
eliev
e will
help
us to
evalu
ate ou
r perf
orman
ce.
Strate
gic Pr
ioritie
s: Linc
olnsh
ire Al
coho
l Har
m Re
ducti
on St
rateg
y 200
9-11
45
Strat
egic
Prior
ities
Linco
lnshir
e Al
coho
l Har
m Re
ducti
on
Strat
egy 2
009
Strat
egic
Prior
ity 1
Posit
ive At
titud
es,
Posit
ive Ch
oices
Strat
egic
Prior
ity 3
Impro
ved S
uppo
rt an
d Trea
tmen
t
Strat
egic
Prior
ity 2
Supp
orting
Fami
lies
and C
ommu
nities
105
7
Alcoh
ol is
an im
porta
nt pa
rt of L
incoln
shire
cultu
re an
d is e
njoye
d by t
he m
ajorit
y of a
dults
in th
e Co
unty.
Howe
ver, m
any p
eople
in Li
ncoln
shire
are
now e
xceed
ing se
nsibl
e drin
king g
uideli
nes a
nd do
no
t reco
gnise
them
as a
tool to
help
mana
ge th
eir
alcoh
ol us
e. Pe
ople
are co
nfuse
d or d
o not
fully
unde
rstan
d the
risks
asso
ciated
with
exce
ssive
alc
ohol
cons
umpti
on. W
e nee
d to s
uppo
rt cha
nge i
n pu
blic a
ttitud
es by
supp
orting
and e
ncou
raging
more
res
pons
ible d
rinkin
g. We
need
to in
creas
e awa
renes
s an
d und
erstan
ding i
n orde
r to em
powe
r and
enab
le ind
ividu
als to
mak
e more
posit
ive ch
oices
abou
t the
rol
e of a
lcoho
l in th
eir liv
es.
Posit
ive At
titud
es, P
ositi
ve Ch
oices
- Ke
y Acti
ons
Imple
ment
a com
munic
ation
s stra
tegy t
o ens
ure
■
the pe
ople
of Lin
colns
hire r
eceiv
e con
sisten
t me
ssage
s arou
nd al
coho
l. De
velop
and p
rogres
s the
alco
hol s
ocial
mark
eting
■
camp
aigns
alrea
dy un
derta
ken
in Lin
colns
hire
Deve
lop wo
rkplac
e alco
hol p
olice
s thro
ugho
ut
■
Linco
lnshir
ePro
vide a
lcoho
l awa
renes
s trai
ning t
o fron
tline s
taff
■
Linkin
g alco
hol m
essa
ges t
o othe
r loca
l cam
paign
s
■
such
as th
e hea
lthy w
eight
camp
aign
Disse
mina
te inf
ormati
on ab
out d
rinkin
g at
■
differ
ent r
isk le
vels
and u
nit m
easu
res as
part
of the
plan
ned c
ommu
nicati
on st
rateg
y
You w
ant u
s to s
ay th
at we
will p
enali
se bu
sines
ses
heav
ily th
at se
ll alco
hol to
unde
rage y
oung
peop
le.
You w
ant u
s to s
ay th
at the
re sh
ould
be m
ore al
coho
l ba
ns in
the t
owns
& ci
ties o
f Linc
olnsh
ire or
that
the pe
naltie
s for
alcoh
ol-rel
ated c
rime s
hould
be
increa
sed.
You w
ant u
s to s
ay th
at lic
ense
s sho
uld
be lim
ited a
nd th
ere sh
ould
be fe
wer p
ubs a
nd cl
ubs.
Beca
use t
hen i
t wou
ld be
easy
. It be
come
s our
– Alc
ohol
Harm
Redu
ction
Linc
olnsh
ire’s-
prob
lem an
d the
gove
rnmen
t’s pr
oblem
. Prob
lem so
lved.
Sorry
, it’s n
ot go
ing to
be as
simp
le as
that.
Thos
e so
lution
s will
not w
ork on
their
own.
The a
nswe
rs to
how w
e dea
l with
alco
hol h
arm ar
e nev
er go
ing to
be
simple
. We h
ave s
pent
centu
ries a
s a so
ciety
and a
cu
lture
learni
ng ho
w to d
rink l
ike th
is; we
’re no
t goin
g to
turn t
hat a
round
overn
ight. B
ut jus
t bec
ause
it’s
going
to be
diffic
ult do
esn’t
mea
n tha
t we s
hould
shy
away
from
doing
it.
What
can y
ou do
? Bec
ause
it’s y
ou th
at we
’re ta
lking
to,
the p
erson
read
ing th
is bo
oklet
. We’r
e goin
g to a
sk
you v
ery lit
tle. B
ut it’s
also
a lot
.
We’re
not g
oing t
o ask
you f
or an
y tub
-thum
ping
evang
elism
abou
t the e
vils of
drink
or th
e peri
ls of
gettin
g drun
k. Wh
at we
’re as
king i
s prob
ably
harde
r tha
n tha
t. We’r
e aski
ng, q
uite s
imply
, that
you o
wn yo
ur ow
n beh
aviou
r. You
set th
e stan
dard;
you’r
e ofte
n the
ho
st for
your
colle
ague
s, you
r staf
f, you
r work
mates
, yo
ur frie
nds, y
our fa
mily,
and y
our c
hildre
n.
Posit
ive At
titud
es, P
ostiv
e Cho
ices
Strat
egic
Prior
ity 1
Strate
gic Pr
iority
1: Po
sitive
Attit
udes
, Pos
itive
Choic
es
106
89
alcoh
ol an
d also
prom
oted t
he ne
w alco
hol
treatm
ent s
ervice
. The
“Fee
ling F
unny
?” ca
mpaig
n was
aime
d at y
oung
er so
ca
lled b
inge d
rinke
rs an
d emp
hasis
ed th
e cri
mina
l, hea
lth an
d soc
ial co
nseq
uenc
es
of ex
cessi
ve dr
inking
. How
ever
we ar
e no
w rea
dy be
gin to
take
this
appro
ach
a step
furth
er an
d disp
el so
me m
yths
and m
iscon
cepti
ons a
round
alco
hol. F
or ex
ample
, the p
ublic
imag
e of d
runke
nnes
s is
the st
agge
ring t
eena
ger v
omitin
g in t
he
gutte
r. But
clearl
y bing
e drin
king i
s not
just y
oung
peop
le. Bi
nge d
rinkin
g- ‘ris
ky
drink
ing’- i
s drin
king b
eyon
d the
point
of
intox
icatio
n. It’s
that
simple
. It’s w
here
you
are be
havin
g in w
ays t
hat y
ou wo
uldn’t
no
rmall
y beh
ave.
It’s wh
ere yo
u wak
e up
in the
morn
ing wi
th a h
ango
ver a
nd try
to
remem
ber if
you s
aid or
did a
nythi
ng
emba
rrassi
ng; o
r whe
re bra
vado
lead
s you
int
o an a
rgume
nt, an
accid
ent, a
fight
or a
bed.
Or wh
ere th
e cos
t is no
t just
emoti
onal
but fi
nanc
ial an
d one
week
’s wag
es
evap
orate
in on
e wee
kend
. Tha
t is bi
nge
drink
ing. A
nd th
e sca
ry thi
ng is
, too m
any
of us
know
exac
tly wh
at tha
t is.
We ha
ve al
so id
entifi
ed th
at we
need
to
begin
to lin
k alco
hol m
essa
ges t
o exis
ting
local
camp
aigns
such
as th
e hea
lthy w
eight
camp
aigns
. Alco
hol is
calor
ific - a
175m
l gla
ss of
white
wine
actua
lly ha
s the
same
nu
mber
of ca
lories
as a
pack
et of
crisp
s and
a p
int of
cide
r con
tains
the s
ame a
s a sli
ce
of ca
ke. O
ver-i
ndulg
ing ca
n the
refore
also
me
an pi
ling o
n the
poun
ds.
We wi
ll also
mon
itor a
nd re
spon
d ap
propri
ately
to the
resu
lts of
the E
ast
Midla
nds d
irect
socia
l mark
eting
camp
aign
that h
as be
en un
derta
ken i
n Linc
olnsh
ire.
Alco
hol a
nd th
e Wor
kplac
eTh
e majo
rity o
f peo
ple wi
th alc
ohol
proble
ms ar
e in e
mploy
ment.
In fa
ct, th
ose
who a
re in
emplo
ymen
t are
more
likely
to
drink
frequ
ently
and o
ver th
e rec
omme
nded
gu
idelin
es th
an th
ose w
ithou
t jobs
. Es
tablis
hing w
orkpla
ce al
coho
l poli
cies c
an
help
emplo
yers
limit t
he ef
fects
of alc
ohol
misu
se on
prod
uctiv
ity by
ensu
ring t
hat
emplo
yees
are fi
t for w
ork du
ring w
orking
ho
urs an
d ide
ntifyi
ng em
ploye
es wi
th alc
ohol
relate
d issu
es. Fo
r emp
loyee
s it c
an
help
them
acce
ss inf
ormati
on an
d sup
port
to ad
dress
proble
ms ea
rly an
d prov
ide
assu
rance
of fa
ir and
cons
isten
t proc
edure
s.
Many
emplo
yers
in Lin
colns
hire h
ave
alrea
dy in
trodu
ced w
orkpla
ce al
coho
l po
licies
. The
se co
mpan
ies ha
ve re
cogn
ised
that t
he co
sts as
socia
ted wi
th alc
ohol
at wo
rk, th
e imp
act o
f curr
ent le
gislat
ion,
and t
he no
table
links
betw
een a
lcoho
l and
ill
healt
h sug
gest
that a
n alco
hol p
olicy
is
beco
ming
an es
senti
al pa
rt of s
ound
bu
sines
s prac
tice.
We wi
ll the
refore
iden
tify
this g
ood p
ractic
e, de
velop
a tem
plate
workp
lace a
lcoho
l poli
cy an
d targ
et em
ploye
rs thr
ough
out t
he co
unty
with
inform
ation
arou
nd se
nsibl
e drin
king l
evels
, leg
al iss
ues a
nd tre
atmen
t serv
ices.
More
than 6
milli
on wo
rking
days
are
estim
ated t
o be l
ost in
the U
K eac
h yea
r to
alcoh
ol rel
ated s
ickne
ss ab
senc
e. In
addit
ion, a
round
50 00
0 peo
ple ac
ross t
he
UK cl
aim in
capa
city b
enefi
t due
to al
coho
l pro
blems
. The
refore
work
will c
omme
nce
to co
nsult
, draf
t and
agree
joint
worki
ng
arran
geme
nts be
twee
n alco
hol tr
eatm
ent
provid
ers, Jo
b Cen
tre Pl
us, e
duca
tion a
nd
traini
ng pr
ovide
rs to
supp
ort al
coho
l use
rs in
findin
g emp
loyme
nt in
Linco
lnshir
e.
Ultim
ately,
wheth
er pe
ople
drink
alco
hol
and h
ow m
uch t
hey d
rink i
s dow
n to
indivi
dual
choic
e. Fu
rtherm
ore in
dividu
als
must
take r
espo
nsibi
lity fo
r their
actio
ns
when
they
are u
nder
the in
fluen
ce of
alc
ohol.
Howe
ver, w
e hav
e an i
mport
ant ro
le to
play i
n ens
uring
that
peop
le are
able
to ma
ke in
forme
d cho
ices, a
nd en
coura
ging
those
that
do dr
ink to
do so
resp
onsib
ly; in
ma
king s
ure th
at bu
sines
ses s
ell al
coho
l res
pons
ibly;
and t
hat t
he in
dividu
al ch
oice
to dri
nk is
neve
r an e
xcuse
for c
ausin
g harm
to
others
. We a
re de
termi
ned t
o red
uce
the ha
rms a
ssocia
ted wi
th bin
ge dr
inking
, lon
g-term
alco
hol c
onsu
mptio
n by a
dults
at
levels
that
exce
ed he
alth g
uideli
nes, a
nd
drink
ing by
child
ren an
d you
ng pe
ople.
Redu
ce Co
nsum
ption
and
Raisi
ng Aw
arene
ss.
An im
porta
nt ele
ment
in ou
r stra
tegy
is to
raise
aware
ness
of alc
ohol
units
, to
enab
le co
nsum
ers to
estim
ate th
eir
own c
onsu
mptio
n of a
lcoho
l bett
er. It
is
equa
lly im
porta
nt to
raise
unde
rstan
ding
of the
healt
h risk
s res
ulting
from
exce
ssive
dri
nking
, both
thos
e from
regu
lar dr
inking
an
d bing
e drin
king o
n sing
le oc
casio
ns.
There
is co
nfusio
n amo
ngst
the ge
neral
pu
blic i
n Linc
olnsh
ire ab
out t
he nu
mber
of un
its in
diffe
rent d
rinks
and t
he cu
rrent
guide
lines
on co
nsum
ption
.
In thi
s situ
ation
, it is
diffic
ult fo
r cus
tomers
to
make
infor
med c
hoice
s and
to re
gulat
e the
ir alco
hol in
take s
o as t
o prot
ect t
heir
own h
ealth
and r
educ
e the
likeli
hood
of
intox
icatio
n. Th
ere is
clea
r sco
pe fo
r im
provin
g cus
tomer
know
ledge
and
aware
ness
of alc
ohol
units
and t
he ris
ks of
alc
ohol
cons
umpti
on.
Enab
ling t
he pu
blic t
o und
erstan
d the
lin
ks be
twee
n the
alco
hol u
nit co
ntent
of dif
feren
t drin
ks, a
nd th
e risk
s to h
ealth
of
exce
ssive
drink
ing an
d bing
e drin
king
would
also
help
to av
oid th
e risk
s of c
rime
and a
ntiso
cial b
ehav
iour a
ssocia
ted wi
th dru
nken
ness.
We wa
nt to
empo
wer
and e
nable
peop
le to
make
infor
med c
hoice
s ab
out t
heir a
lcoho
l use
, by
prov
iding
them
with
targe
ted, re
levan
t and
res
onan
t infor
matio
n. We
know
that
peop
le oft
en fe
el co
nfuse
d by
differ
ent h
ealth
mes
sage
s from
a va
riety
of so
urces
. We w
ill the
refore
deve
lop an
overa
ll alc
ohol
harm
redu
ction
comm
unica
tions
str
ategy
for L
incoln
shire
to br
ing m
ore
cons
isten
cy an
d clar
ity ar
ound
the h
arm
that c
an be
caus
ed by
alco
hol.
We wi
ll work
clos
ely wi
th all
licen
sed
premi
ses i
n Linc
olnsh
ire an
d we a
re su
pport
ive of
the g
overn
ment
propo
sing
to req
uire a
ll lice
nsed
prem
ises t
o disp
lay
inform
ation
abou
t the
alco
hol u
nit co
ntent
of dri
nks o
ffered
for s
ale. In
addit
ion,
off-tr
ade p
remise
s will
be ex
pecte
d to
displa
y hea
lth gu
idelin
es ab
out re
gular
co
nsum
ption
, infor
matio
n abo
ut the
healt
h ris
ks of
regu
lar ex
cessi
ve dr
inking
, bing
e dri
nking
and t
he ris
ks of
drink
ing al
coho
l du
ring p
regna
ncy.
We se
e this
as an
ex
celle
nt op
portu
nity t
o work
more
clos
ely
with
local
licen
sed p
remise
s to e
nsure
tha
t this
prop
osed
man
dator
y con
dition
is
met a
nd th
at a c
onsis
tent a
nd lo
calis
ed
messa
ge is
supp
lied t
o all l
icens
ed pr
emise
s ac
ross L
incoln
shire
. We w
ould
like a
lcoho
l ret
ailers
to em
brace
their
poten
tial n
ew
respo
nsibi
lities
and t
ake t
his ap
proac
h a
step f
urthe
r. We w
ould
also l
ike to
work
with
retail
ers, su
ch as
loca
l supe
rmark
ets, to
be
more
close
ly inv
olved
with
our lo
cal a
lcoho
l ca
mpaig
ns.
We wo
uld lik
e alco
hol re
tailer
s to e
mbrac
e the
ir pote
ntial
new r
espo
nsibi
lities
and
take t
his ap
proac
h a st
ep fu
rther.
We w
ould
also l
ike to
work
with
retail
ers, su
ch as
loca
l su
perm
arkets
, to be
invo
lved i
n and
deve
lop
a who
le co
mmun
ity ap
proac
h with
alco
hol
aware
ness
camp
aigns
of th
eir ow
n.
We ha
ve al
ready
unde
rtake
n two
su
cces
sful a
lcoho
l awa
renes
s cam
paign
s in
Linco
lnshir
e and
we wi
ll con
tinue
to bu
ild
upon
this
locali
sed a
pproa
ch. “T
he Tr
uth
May H
urt” c
ampa
ign as
ked c
halle
nging
qu
estio
ns of
the p
ublic
’s rela
tions
hip wi
th
Strate
gic Pr
iority
1: Po
sitive
Attit
udes
, Pos
itive
Choic
esStr
ategic
Prior
ity 1:
Posit
ive At
titud
es, P
ositi
ve Ch
oices
107
1011
We ne
ed to
prote
ct ou
r chil
dren a
nd yo
ung p
eople
fro
m the
harm
caus
ed by
alco
hol m
isuse
by
thems
elves
and o
thers
and t
o sup
port t
hem
to ma
ke
posit
ive ch
oices
. At t
he sa
me tim
e we n
eed t
o red
uce
the im
pact
of alc
ohol
relate
d crim
e and
diso
rder o
n ou
r com
munit
ies, m
aking
them
safer
and s
trong
er.
Supp
ortin
g Fam
ilies
- Key
Actio
nsRe
view t
he le
vel o
f alco
hol h
arm ed
ucati
on
■
provid
ed in
scho
ols in
Linc
olnsh
ireRe
view a
nd de
velop
appro
priate
teac
hing
■
resou
rces, i
nclud
ing a
DVD,
for us
e in C
itizen
ship
and P
SHE l
esso
ns in
scho
ols th
rough
out t
he
coun
ty.Pro
mote,
supp
ort an
d dev
elop n
ew an
d eme
rging
■
alcoh
ol fre
e you
th ac
tivitie
s thro
ugho
ut the
co
unty.
Deve
lop al
coho
l focu
ssed w
orksh
ops t
hroug
h
■
Fairp
lay Fo
otball
& Ta
rgeted
Youth
Supp
ortEn
sure
protoc
ols ar
e in p
lace w
ith al
l relev
ant
■
partn
ers to
iden
tify, a
ssess
and r
efer v
ulnera
ble
Child
ren &
Youn
g Peo
ple in
to alc
ohol
treatm
ent
servi
ces.
Asse
ss eff
ectiv
enes
s & up
take o
f age
chall
enge
■
schem
es, su
ch as
‘Cha
lleng
e 21’
in off
-licen
ces &
on
-licen
ces.
Revie
w and
deve
lop gu
idanc
e on a
lcoho
l for b
oth
■
youn
g peo
ple an
d the
ir pare
nts- li
nking
to th
e draf
t Ch
ief M
edica
l Offic
er Gu
idanc
e 200
8. Dr
aft, c
onsu
lt and
publi
sh a
Test
Purch
ase p
rotoc
ol
■
for re
levan
t age
ncies
to us
e in L
incoln
shire
.Su
pport
and p
romote
loca
l pare
nting
proje
cts th
at
■
addre
ss iss
ues a
round
alco
hol.
Deve
lop co
mpreh
ensiv
e guid
ance
and a
dvice
■
to pa
rents
and c
arers
In Lin
colns
hire o
n you
ng
peop
le’s a
lcoho
l use
- usin
g the
draft
Chief
Med
ical
Offic
er’s g
uidan
ce as
a ba
sis.
Furth
er de
velop
the p
rovisi
on of
the s
pecia
list
■
Targe
ted Pr
even
tion W
orker
post
withi
n Buz
zz pro
viding
supp
ort an
d adv
ocac
y serv
ices t
o the
ch
ildren
of al
coho
l misu
sing p
arents
– thi
s is
linke
d to t
he “H
idden
Harm
” age
nda.
If we a
re to
chan
ge Li
ncoln
shire
’s rela
tions
hip wi
th alc
ohol
for go
od, w
e mus
t add
ress t
he ne
eds o
f ch
ildren
and y
oung
peop
le.
Youn
g peo
ple ar
e grow
ing up
in a
cultu
re wh
ere
drink
ing, a
nd ev
en dr
inking
to ex
cess,
is se
en as
no
rmal.
TV im
ages
, stori
es ab
out c
elebri
ties a
nd
pop m
usic
all pr
esen
t drin
king a
nd ge
tting
drun
k as
norm
al an
d eve
n des
irable
.
Howe
ver we
mus
t prev
ent c
hildre
n and
youn
g peo
ple
misu
sing a
lcoho
l in th
e first
plac
e, an
d be b
etter
prepa
red to
inter
vene e
arly w
ith th
ose w
ho st
art to
exp
erime
nt, be
fore t
heir u
se be
come
s harm
ful or
pro
blema
tic. Th
ose a
ged u
nder
18 ar
e not
adult
s, but
child
ren an
d you
ng pe
ople
whos
e deve
loping
brain
s and
bo
dies a
re mo
re su
scepti
ble to
dama
ge fro
m dri
nking
, pu
tting t
hem
at inc
reased
risk f
rom wh
at ma
y see
m lik
e fair
ly sm
all am
ounts
of al
coho
l for a
n adu
lt. We
sh
ould
all lo
ok at
the w
ay in
which
youn
g peo
ple dr
ink
and a
sk ou
rselve
s the
quest
ion, “I
s it sa
fe for
them
to do
thi
s?” Re
search
show
s us t
hat m
ore yo
ung p
eople
toda
y are
choo
sing n
ot to
drink
alco
hol a
t all. B
ut tho
se wh
o do
drink
are c
onsu
ming
more
, start
ing to
drink
at ea
rlier
ages
and d
rinkin
g more
regu
larly.
Supp
orting
Fami
lies &
Comm
uniti
es
Strat
egic
Prior
ity 2
Strate
gic Pr
ioritie
s: Linc
olnsh
ire Al
coho
l Har
m Re
ducti
on St
rateg
y 200
9Str
ategic
Prior
ity 2:
Supp
ortin
g Fam
ilies
& Co
mmun
ities
108
1213
Strate
gic Pr
iority
2: Su
ppor
ting F
amili
es &
Comm
uniti
es
We kn
ow th
at yo
ung p
eople
who d
rink t
oo
much
alco
hol a
re mo
re lik
ely to
get in
volve
d in
antis
ocial
beha
viour
and c
ontrib
ute to
cri
me, a
nd th
ere is
also a
stron
g link
betw
een
youn
g peo
ple’s d
rinkin
g and
risky
sex w
hich
can l
ead t
o unw
anted
preg
nanc
ies an
d sex
ually
trans
mitte
d infe
ction
s.
Paren
ts are
vital
in sh
aping
the w
ay in
which
yo
ung p
eople
drink
, with
mos
t 11−
15-ye
ar-old
s who
have
tried
alco
hol g
etting
it fro
m the
ir pare
nts, a
nd dr
inking
it at
home
. You
ng
peop
le lea
rn fro
m an
d cop
y the
ir pare
nts’
drink
ing be
havio
urs an
d the
majo
rity of
pa
rents
do dr
ink in
a res
pons
ible m
anne
r. Ho
weve
r if bo
ttles a
nd ca
ns ta
ke up
a big
pa
rt of o
ur su
perm
arket
trolle
y eve
ry we
ek,
or we
drink
with
every
mea
l… Do
es tha
t tell
child
ren th
at alc
ohol
is jus
t ano
ther d
rink?
If o
ur ch
ildren
regu
larly
see us
drun
k…Do
es
that te
ll the
m it’s
norm
al, or
safe?
Just
a part
of
being
grow
n up?
In ad
dition
, we m
ust m
inimi
se the
impa
ct of
paren
tal al
coho
l misu
se on
child
ren an
d yo
ung p
eople
. This w
ill req
uire a
rang
e of
actio
ns wh
ich ed
ucate
all o
ur yo
ung p
eople
, an
d the
ir pare
nts, a
bout
alcoh
ol rel
ated
harm
, whil
e also
targe
ting i
nterve
ntion
s at
those
we kn
ow to
be m
ost a
t risk.
Preg
nanc
yDu
ring p
regna
ncy t
he be
havio
urs an
d life
style
of a m
other
to be
can h
ave l
ong-
term
impa
cts on
later
life o
utcom
es of
he
r chil
dren.
One o
f the m
ost p
redict
ive
indica
tors o
f poo
r adu
lt outc
omes
is lo
w bir
th we
ight. B
abies
below
avera
ge we
ight
are at
high
er ris
k of h
ealth
comp
licati
ons
throu
ghou
t chil
dhoo
d. Ev
idenc
e sug
gests
tha
t cau
ses o
f low b
irth w
eight
includ
e mo
thers
smok
ing du
ring p
regna
ncy a
nd in
the
home
, poo
r diet
and e
xcessi
ve al
coho
l or
drug c
onsu
mptio
n duri
ng pr
egna
ncy.
Paren
ting
The E
very
Child
Matt
ers: C
hang
e for
Child
ren pr
ogram
me re
cogn
ises t
hat
paren
ts, ca
rers a
nd fa
milie
s are
the m
ost
impo
rtant
influe
nce o
n outc
omes
for
child
ren an
d you
ng pe
ople.
Paren
ts’ an
d care
rs’ ow
n dri
nking
beha
viours
can
influe
nce t
heir c
hildre
n’s
alcoh
ol us
e. Th
is inc
ludes
all p
arents
, from
thos
e with
an
alcoh
ol pro
blem
to tho
se wh
o jus
t drin
k in
front
of ch
ildren
from
time-t
o tim
e.
Paren
ts ca
n also
influ
ence
their
child
ren’s
alcoh
ol us
e thro
ugh h
aving
clea
r rules
on
youn
g peo
ple’s d
rinkin
g; su
pervi
sion
and m
anag
emen
t; and
the c
losen
ess o
f the
ir rela
tions
hips w
ith th
eir ch
ildren
. Ho
weve
r, som
e pare
nts an
d care
rs ma
y fee
l ill
equip
ped t
o res
pond
to th
eir ch
ildren
’s alc
ohol
use a
nd re
lated
conc
erns. P
arents
ma
y be c
once
rned a
bout
what
the rig
ht ag
e is t
o perm
it drin
king a
nd wh
at lev
el of
alcoh
ol us
e is n
ormal
durin
g ado
lesce
nce
There
fore w
e will
produ
ce co
mpreh
ensiv
e gu
idanc
e and
advic
e to p
arents
and c
arers
in Lin
colns
hire o
n you
ng pe
ople’
s alco
hol
use.
We wi
ll ens
ure it
provid
es pr
actic
al ad
vice a
bout
talkin
g to c
hildre
n abo
ut alc
ohol
and t
he co
nseq
uenc
es of
alco
hol
misu
se, a
nd th
e imp
ortan
ce of
setti
ng
realis
tic bo
unda
ries a
nd in
centi
ves. W
e will
also e
nsure
that
the gu
idanc
e rec
ognis
es
faith
and c
ultura
l diffe
rence
s and
how t
his
relate
s to a
lcoho
l con
sump
tion a
mong
ch
ildren
and a
dults
in Li
ncoln
shire
.
Iden
tifyin
g Tho
se at
Risk
The s
afety
of ch
ildren
is pa
ramou
nt an
d cu
rrent
best
estim
ates in
dicate
that
more
than
1.3 m
illion
child
ren un
der 1
6 may
be af
fected
by
paren
tal al
coho
l misu
se in
Engla
nd.
We wi
ll see
k to i
mprov
e ide
ntific
ation
and
assess
ment
of aff
ected
child
ren an
d you
ng
peop
le, sh
aring
infor
matio
n amo
ngst
agen
cies w
here
appro
priate
, and
to bu
ild
the ca
pacit
y, ava
ilabil
ity an
d qua
lity of
su
pport
servi
ces. T
his wo
rk wil
l ens
ure th
at tho
se ch
ildren
at ris
k or in
need
of ad
dition
al su
pport
are i
denti
fied a
t earl
y stag
es an
d rec
eive a
pprop
riate
care
and s
uppo
rt. We
are c
ommi
tted t
o furt
her d
evelop
ing
the Ta
rgeted
Preve
ntion
reso
urces
within
sp
ecial
ist tre
atmen
t serv
ices t
o prov
ide
supp
ort an
d adv
ocac
y serv
ices t
o the
ch
ildren
of al
coho
l misu
sing p
arents
- this w
ill be
linke
d to t
he Hi
dden
Harm
agen
da. O
ne
of the
long
term
aims
of th
e Stre
ngthe
ning
Fami
lies S
trateg
y in L
incoln
shire
is to
reduc
e alc
ohol
and d
rug pr
oblem
s usin
g a ‘w
hole
family
’ appro
ach a
nd th
is will
be at
the h
eart
of all
our a
ctivit
y.
Strate
gic Pr
iority
2: Su
ppor
ting F
amili
es &
Comm
uniti
es
As su
ch ou
r reco
rd inv
estm
ent in
alco
hol
servi
ces m
eans
there
are s
ignific
ant
impro
veme
nts in
acce
ss to
appro
priate
tre
atmen
t for p
arents
resu
lting i
n pos
itive
bene
fits fo
r chil
dren a
ffecte
d by p
arenta
l alc
ohol
misu
se.
Drun
kenn
ess s
hould
neve
r be a
cond
ition
expe
rienc
ed in
child
hood
. Whil
st ea
ch
case
shou
ld be
look
ed at
on its
indiv
idual
merit
s, pare
nts an
d care
rs wh
o wilfu
lly an
d rou
tinely
allow
child
ren to
get d
runk m
ay
be co
ntribu
ting t
o sev
ere da
mage
to th
eir
child
ren’s h
ealth
and s
uch b
ehav
iour c
ould
be co
nside
red ne
glectf
ul. W
e will
ensu
re tha
t incid
ents
of rep
eated
drun
kenn
ess i
n ch
ildren
trigg
er the
exist
ing pr
oced
ures t
hat
are in
plac
e to s
afegu
ard an
d prom
ote th
e de
velop
ment
of ch
ildren
.
We ne
ed to
ensu
re tha
t all p
rofes
siona
l fro
ntline
worke
rs in
servi
ce de
livery
for
youn
g peo
ple an
d the
ir fam
ilies a
re ab
le to
identi
fy ch
ildren
and y
oung
peop
le wi
th alc
ohol
relate
d prob
lems a
nd m
ake
appro
priate
refer
rals t
o sup
port s
ervice
s. We
will e
nsure
that
profes
siona
ls from
all
healt
h, so
cial c
are an
d crim
inal ju
stice
ag
encie
s are
supp
orted
by in
forma
tion,
traini
ng, sk
ill de
velop
ment
and r
esou
rces
to en
able
them
to be
comp
etent
and
confi
dent
in res
pond
ing to
alco
hol re
lated
co
ncern
s in c
hildre
n and
youn
g peo
ple. W
e wi
ll also
revie
w the
Comm
on As
sessm
ent
Frame
work
(CAF)
and o
ther a
ssessm
ent
resou
rces t
o ens
ure th
at the
y are
being
fully
im
pleme
nted,
review
ed re
gular
ly an
d the
ou
tcome
s acte
d upo
n in r
elatio
n to a
lcoho
l.
The S
choo
l con
text:
Subs
tanc
e Mi
suse
Educ
ation
in Sc
hools
We re
cogn
ise th
at it i
s vita
l that
all yo
ung
peop
le ha
ve ac
cess
to rel
iable
inform
ation
ab
out a
lcoho
l and
its ha
rmful
effec
ts,
if the
y are
to ma
ke in
forme
d cho
ices
throu
ghou
t the
ir live
s.
Subs
tance
misu
se
educ
ation
in sc
hools
is
often
the fi
rst lin
e of
preve
ntion
again
st alc
ohol
misu
se, p
rovidi
ng
oppo
rtunit
ies to
pass
on
facts,
explo
re att
itude
s an
d cruc
ially,
foste
r the
sk
ills ne
eded
to m
ake
posit
ive de
cision
s. Wh
ile th
ere is
good
prac
tice i
n sub
stanc
e mi
suse
educ
ation
in sc
hools
arou
nd
Linco
lnshir
e, we
see t
hat m
ore ca
n be d
one
to inc
rease
its ef
fectiv
enes
s.
We wi
ll work
with
our p
artne
rs in
Linco
lnshir
e to i
mprov
e the
deliv
ery an
d co
nsist
ency
of su
bstan
ce m
isuse
educ
ation
in
schoo
ls. We
will u
ndert
ake a
revie
w of th
e cu
rrent
alcoh
ol ed
ucati
on pr
ovisi
on ac
ross
all se
tting
s in L
incoln
shire
. Follo
wing
the
review
we wi
ll sup
port t
each
ers an
d staf
f by
deve
loping
alco
hol h
arm ed
ucati
on
resou
rces t
o use
d whe
n deli
verin
g alco
hol
harm
redu
ction
educ
ation
.
More
Choic
es, M
ore Ch
ance
sOn
e of o
ur ke
y aim
s is t
o imp
rove t
he lif
e ch
ance
s of c
hildre
n, yo
ung p
eople
and
familie
s at ri
sk. S
timula
ting y
oung
peop
le to
remain
in ed
ucati
on, e
mploy
ment
or tra
ining
post
schoo
l is th
e bes
t way
of
ensu
ring t
heir l
ong t
erm em
ploya
bility
and
contr
ibutio
n to s
ociet
y. Th
e Linc
olnsh
ire
Child
ren &
Youn
g Peo
ples P
lan Re
view
2008
and t
he Li
ncoln
shire
Stren
gthen
ing
Fami
lies S
trateg
y aim
s to r
educ
e the
pro
porti
on of
youn
g peo
ple no
t in
educ
ation
, emp
loyme
nt or
traini
ng an
d alr
eady
iden
tifies
youn
g peo
ple wh
o are
involv
ed in
drug
or al
coho
l misu
se as
a ke
y targ
et gro
up. It
is ac
cepte
d tha
t the
se
youn
g peo
ple ar
e more
likely
to be
in ne
ed
of mo
re ch
oices
and c
hanc
es in
orde
r to
progre
ss as
succ
essfu
l adu
lts. T
his ca
n on
ly be
achie
ved t
hroug
h part
nersh
ip wo
rking
of al
l inter
ested
parti
es, a
nd gr
eater
pe
rsona
lisati
on an
d cho
ice of
prov
ision
.
109
1415
Strate
gic Pr
iority
2: Su
ppor
ting F
amili
es &
Comm
uniti
es
Risk
y Sex
& Te
enag
e Pr
egna
ncy
Alcoh
ol co
nsum
ption
is as
socia
ted wi
th: no
t us
ing a
cond
om du
ring a
youn
g
perso
n’s fir
st se
xual
enco
unter
; an i
ncrea
sed
likeli
hood
of ha
ving s
ex at
a yo
unge
r age
an
d reg
rettin
g it; u
nprot
ected
sex; t
eena
ge
pregn
ancy
and t
he lik
eliho
od of
contr
actin
g se
xuall
y tran
smitt
ed di
seas
es.
Binge
drink
ing an
d hea
vy al
coho
l use
in
youn
g peo
ple ov
er the
age o
f14 is
as
socia
ted wi
th ad
olesce
nt se
xual
activ
ity.
Adole
scents
who u
se al
coho
l are
more
likely
to
have
had s
exua
l inter
cours
e and
mult
iple
numb
ers of
sexu
al pa
rtners
. You
ng wo
men
who r
eport
bing
e drin
king a
re mo
re lik
ely to
ha
ve ex
perie
nced
attem
pted o
r force
d sex
. Alc
ohol
use b
efore
sexu
al ac
tivity
can a
lso
adve
rsely
affec
t the
use o
f con
doms
.
We wi
ll con
tinue
to wo
rk clo
sely
with
agen
cies a
lread
y tac
kling
thes
e issu
es in
Lin
colns
hire a
nd en
sure
that t
he m
essa
ges
surro
undin
g alco
hol a
re lin
ked t
o the
ap
propri
ate he
alth a
waren
ess c
ampa
igns.
Alte
rnat
ives t
o Alco
hol
Alcoh
ol ca
n be s
een
by ch
ildren
as on
e of
the ch
eape
st wa
ys of
pa
ssing
even
ing an
d ho
liday
times
, and
sport
s se
en as
an ex
pens
ive or
ina
cces
sible
optio
n. In
Linco
lnshir
e we w
ill en
sure
that fr
ee
or low
cost
altern
ative
s to d
rinkin
g are
easil
y ava
ilable
for y
oung
peop
le fro
m all
comm
unitie
s to e
ngag
e in.
Our
“Prev
entat
ive St
rateg
y- Str
ength
ening
Fa
milie
s” rec
ognis
es th
at po
sitive
activ
ities
can e
ngag
e you
ng pe
ople
who m
ight
otherw
ise be
come
invo
lved i
n risk
y be
havio
ur, su
ch as
alco
hol m
isuse
, or th
ose
who a
re dir
ectly
affec
ted by
alco
hol m
isuse
. We
will a
lso su
pport
the d
evelo
pmen
t of
new a
nd em
erging
alco
hol fr
ee yo
uth
activ
ities s
uch a
s the
Fairp
lay Fo
otball
and
Posit
ive Fu
tures
sche
mes. P
ositiv
e Futu
res
princ
ipal a
im is
to he
lp yo
ung p
eople
avoid
an
invo
lveme
nt in
offen
ding b
ehav
iour
and s
ubsta
nce m
isuse
by en
gagin
g the
m in
activ
ities a
nd cr
eatin
g rou
tes ba
ck in
to ed
ucati
on, vo
luntee
ring a
nd em
ploym
ent.
Limiti
ng ac
cess
to al
coho
l Wh
ilst n
o alco
hol c
onsu
mptio
n is t
he
healt
hiest
optio
n for
youn
g peo
ple, th
e rea
lity is
that
by th
e age
of 15
man
y ch
ildren
have
alrea
dy co
nsum
ed al
coho
l an
d sub
stanti
al nu
mbers
are d
rinkin
g reg
ularly
. You
ng pe
ople’
s leve
l of a
lcoho
l us
e is r
elated
to th
eir ab
ility t
o acc
ess
alcoh
ol. Th
e 200
4 Offe
nding
, Crim
e and
Ju
stice
Surve
y (OC
JS) id
entifi
ed th
at alm
ost
half o
f you
ng pe
ople
who d
rink s
ay th
ey go
t the
ir alco
hol fr
om th
eir pa
rents
with
less
than a
third
sayin
g the
y got
it from
frien
ds
and fi
nally
less
than a
quart
er sa
ying t
hey
got it
from
a pub
or an
off-li
cenc
e. We
have
ex
plaine
d how
we wi
ll eng
age w
ith pa
rents
in Lin
colns
hire e
arlier
in th
e stra
tegy.
Howe
ver c
hildre
n’s dr
inking
patte
rns al
so
depe
nd on
the l
ocati
on in
which
alco
hol is
co
nsum
ed. In
a ho
me or
othe
r sup
ervise
d en
viron
ment,
paren
ts ca
n mon
itor th
e am
ounts
of al
coho
l con
sume
d; dis
cuss
the da
ngers
asso
ciated
with
drink
ing an
d se
t bou
ndari
es fo
r con
sump
tion.
Drink
ing
in pa
rks, st
reets
and o
ther u
nsup
ervise
d se
tting
s is r
elated
to gr
eater
alco
hol-re
lated
ha
rm. T
his fo
rm of
unsu
pervi
sed d
rinkin
g is
more
likely
to oc
cur if
child
ren ob
tain
alcoh
ol fro
m a p
ub or
off-li
cenc
e. Pro
tectin
g ch
ildren
from
harm
is an
expli
cit ob
jectiv
e of
the Li
cens
ing Ac
t 200
3 and
as pa
rtners
we
are r
espo
nsibl
e for
makin
g sure
that
peop
le wh
o sell
alco
hol d
o so r
espo
nsibl
y. Lin
colns
hire P
olice
and T
rading
Stan
dards
ha
ve us
ed th
is leg
islati
on to
carry
out t
est-
purch
asing
opera
tions
arou
nd th
e cou
nty,
Strate
gic Pr
iority
2: Su
ppor
ting F
amili
es &
Comm
uniti
es
where
by an
unde
rage p
erson
worki
ng wi
th the
agen
cies e
nters
a lice
nsed
prem
ise
to bu
y alco
hol. W
here
a prem
ise fa
ils a
test-p
urcha
se, a
ction
can b
e tak
en by
both
the po
lice o
r trad
ing st
anda
rds an
d the
lic
ensin
g boa
rd. In
2008
/09 a
quart
er (55
) of
the 21
7 tes
t purc
hase
attem
pts un
derta
ken
by th
e Poli
ce an
d Trad
ing St
anda
rds fa
iled.
We ar
e com
mitte
d to s
uppo
rt the
use o
f test
purch
asing
opera
tions
to pr
otect
child
ren
from
harm
and w
e will
deve
lop th
ese
opera
tions
furth
er thr
ough
out t
he co
unty
in ord
er to
reduc
e this
test
purch
ase f
ailure
rat
e. We
will a
lso de
velop
a for
mal p
rotoc
ol for
how t
hese
opera
tions
are c
onsis
tently
ma
nage
d acro
ss Lin
colns
hire.
Howe
ver w
e ap
precia
te tha
t enfo
rceme
nt alo
ne is
not
the on
ly an
swer
and t
hat w
e sho
uld wo
rk clo
sely
with
licen
sed p
remise
s to a
void
them
sellin
g alco
hol to
unde
r-18’s
. We
have
alrea
dy pr
ovide
d edu
catio
n pac
ks to
lic
ense
d prem
ises a
round
the s
ale of
age
restri
cted p
roduc
ts an
d will
now u
pdate
this
resou
rce. In
addit
ion we
will c
ontin
ue to
en
coura
ge lic
ense
d prem
ises t
o und
ertak
e mo
re sta
ff trai
ning (
e.g. B
ritish
Insti
tute o
f Inn
keep
ing Le
vel 1
Train
ing).
We fe
el tha
t we m
ust a
lso co
ngrat
ulate
many
retai
lers w
ithin
Linco
lnshir
e, bo
th fro
m the
on lic
ence
and o
ff lice
nce t
rade
that h
ave w
ithou
t majo
r prom
pt mo
ved t
o a v
olunta
ry po
sition
of Ch
allen
ge 25
, from
a p
reviou
s pos
ition o
f Cha
lleng
e 21.
They
wi
ll the
refore
chall
enge
any c
ustom
er, at
po
int of
alco
hol sa
le, if
they b
eliev
e the
y ma
y be u
nder
that a
ge. H
owev
er we
feel
we
must
asse
ss the
uptak
e and
effec
tiven
ess o
f ag
e cha
lleng
e sch
emes
acros
s the
coun
ty to
ensu
re tha
t this
meth
od of
redu
cing t
he
sale
of alc
ohol
to ch
ildren
is co
nsist
ently
us
ed in
both
the on
and o
ff lice
nce t
rade.
We wi
ll loo
k to f
urthe
r dev
elop t
hese
sch
emes
using
best
practi
ce fro
m oth
er are
as in
the c
ountr
y (e.g
. Cam
bridg
e).
Supp
ortin
g Com
munit
ies -
Key A
ction
sEv
aluate
the s
ucce
ss of
the ‘Li
ncoln
■
Best
Bar N
one’
volun
tary a
ccred
itatio
n sch
eme a
nd wh
ether
this c
ould
be
introd
uced
in an
y othe
r area
s in
Linco
lnshir
e.Su
pport
the d
evelo
pmen
t of th
e exis
ting
■
‘Best
Bar N
one’
schem
e in L
incoln
foc
using
on be
st pra
ctice
rese
arche
d fro
m oth
er sch
emes
opera
ting a
round
the
coun
try.
Produ
ce a
report
asse
ssing
how a
■
coun
tywide
‘Bes
t Bar
None
’ sche
me
could
be de
velop
ed in
the f
uture
includ
ing th
e adv
antag
es an
d dis
adva
ntage
s of th
is ap
proac
h.Ide
ntify
the cu
rrent
uptak
e of a
ccred
ited
■
traini
ng by
licen
sed p
remise
s acro
ss Lin
colns
hire e
.g. Br
itish I
nstit
ute
of Inn
keep
ing (B
II) le
vel 1
traini
ng.
Enco
urage
a wi
der u
ptake
of tra
ining
an
d inv
estig
ate m
ethod
s of in
creas
ing
traini
ng th
rough
initia
tives
such
as
Best
Bar N
one.
Rese
arch,
desig
n and
deve
lop an
■
appro
priate
meth
od to
raise
aware
ness
and r
einfor
ce S.
141 o
f the L
icens
ing Ac
t- tha
t it is
an of
fence
for b
usine
sses t
o sell
alc
ohol
to pe
ople
who a
re
alrea
dy dr
unk.
Revie
w poli
ce lic
ensin
g serv
ice pr
ovisi
on
■
acros
s all t
hree p
olicin
g divi
sions
to
ensu
re a c
onsis
tent a
pproa
ch of
deali
ng
with
licen
sing i
ssues
by th
e Poli
ce ac
ross
Linco
lnshir
e. W
ork wi
th loc
al bre
wers
to se
e if th
ey
■
will p
ut no
t only
stren
gth bu
t num
ber o
f un
its on
bar p
umps
etc.
Pilot
an in
itiativ
e to c
ollec
t add
itiona
l
■
data
from
Accid
ent &
Emerg
ency
de
partm
ents
The l
ocal
pub,
bar o
r club
has b
een a
t the
heart
of m
any o
f Linc
olnsh
ire’s
comm
unitie
s for
gene
ration
s. We w
atch t
he
regula
rs in
Easte
nders
or Co
ronati
on St
reet
socia
lising
in th
eir lo
cal p
ub. T
hey p
rovide
im
porta
nt op
portu
nities
for s
ocial
ising
and
spac
es fo
r cele
bratio
ns of
all k
inds. T
hey
are al
so a
sourc
e of lo
cal e
mploy
ment,
as
are ho
tels a
nd re
staura
nts wh
ich to
gethe
r em
ploy o
ver 1
milli
on pe
ople
in the
UK.
In Lin
colns
hire t
he nu
mber
of em
ploye
es
emplo
yed i
n bars
as a
perce
ntage
of al
l em
ploye
es is
2.4%
110
1617
Strate
gic Pr
iority
2: Su
ppor
ting F
amili
es &
Comm
uniti
es
Desp
ite th
ese b
enefi
ts, so
me co
mmun
ities
suffe
r throu
gh al
coho
l misu
se. D
runke
n an
d anti
-socia
l beh
aviou
r cau
se di
stres
s to
many
, esp
ecial
ly the
elde
rly an
d infi
rm.
Youn
ger c
hildre
n can
be pu
t off u
sing p
arks
and p
lay ar
eas b
ecau
se of
the d
runke
n an
tics o
f their
elde
rs an
d the
mes
s the
y so
metim
es le
ave b
ehind
. Mea
nwhil
e, alc
ohol
misu
se, w
hethe
r in yo
ung p
eople
or
adult
s, was
tes liv
es an
d rob
s com
munit
ies
and s
ociet
y of p
roduc
tive p
eople
who m
ight
otherw
ise m
ake a
posit
ive di
fferen
ce to
the
life of
thos
e arou
nd th
em an
d the
coun
ty. In
Lin
colns
ire xx
xxx %
of pe
ople
cons
ider th
at “Pe
ople
Being
Drun
k or ro
wdy i
n pu
blic p
laces
as a
very/
fairly
big p
roblem
in
their a
rea.
Comm
unity
Safet
y Pa
rtners
hips
Comm
unity
Safet
y Part
nersh
ip’s w
ere
set u
p in L
incoln
shire
as a
respo
nse t
o the
Crim
e and
Diso
rder A
ct 19
98 an
d ha
ve be
en wo
rking
to re
duce
crim
e an
d diso
rder in
the a
rea ev
er sin
ce.
Each
distr
ict ar
ea in
Linc
olnsh
ire ha
s a
comm
unity
safet
y part
nersh
ip co
mpris
ing
of rep
resen
tative
s from
Linc
olnsh
ire Po
lice,
relev
ant D
istric
t Cou
ncils
, Linc
olnsh
ire
Polic
e Auth
ority,
Linc
olnsh
ire Fi
re Se
rvice
, Lin
colns
hire P
rimary
Care
Trust
and a
long
with
Linco
lnshir
e Cou
nty Co
uncil
othe
r org
anisa
tions
such
as ho
using
trusts
, the
Linco
lnshir
e Roa
d Safe
ty Pa
rtners
hip an
d yo
uth of
fendin
g tea
ms to
name
a few
.
Comm
unity
Safet
y Part
nersh
ips ha
ve
deve
loped
effec
tive a
nd in
nova
tive
initia
tives
to ta
ckle
the ef
fects
of alc
ohol
misu
se in
villa
ges, t
owns
and c
ity ce
ntres
ac
ross L
incoln
shire
. The
gene
ral pr
incipl
e of
this a
pproa
ch is
that
by ga
therin
g go
od qu
ality
intell
igenc
e, wh
ich ca
n the
n be a
nalys
ed an
d use
d by a
rang
e of
agen
cies, a
lcoho
l-relat
ed di
sorde
r can
be
more
effec
tively
man
aged
and u
ltimate
ly pre
vente
d. Th
ere is
no si
ngle
appro
ach;
most
local
plans
deplo
y a ra
nge o
f me
asure
s app
ropria
te to
local
need
.
The k
ey to
the s
ucce
ss of
this a
pproa
ch is
en
surin
g lon
ger te
rm ch
ange
in pr
actic
e so
that t
hese
inno
vativ
e init
iative
s bec
ome
susta
inable
and n
ot sim
ply on
e-off
camp
aigns
.
Alcoh
ol mi
suse
, ove
rcons
umpti
on an
d su
bseq
uent
disord
er an
d harm
plac
es
a hea
vy bu
rden o
n our
publi
c serv
ices.
From
polic
ing to
wn ce
ntres
at ni
ght,
treati
ng al
coho
l relat
ed in
juries
in
Accid
ent &
Emerg
ency
depa
rtmen
ts an
d pro
viding
othe
r serv
ices t
o res
pond
to th
e co
nseq
uenc
es of
alco
hol m
isuse
. We h
ave
recog
nised
that
we ne
ed to
achie
ve a
bette
r un
derst
andin
g of th
e natu
re an
d sco
pe of
vio
lence
and d
isorde
r in Li
ncoln
shire
and
succ
essiv
e res
earch
stud
ies ha
ve id
entifi
ed
that t
raditio
nal a
nalys
is of
polic
e data
wi
ll not
provid
e the
full p
icture
need
ed.
Accid
ent a
nd Em
ergen
cy de
partm
ents
have
be
en id
entifi
ed as
a so
urce f
or en
hanc
ing
this d
ata, b
y cap
turing
detai
ls of th
eir
role i
n trea
ting p
atien
ts, pa
rticu
larly
in the
conte
xt of
the ni
ght-t
ime e
cono
my.
There
fore w
e will
pilot
an in
itiativ
e in o
ne
Accid
ent a
nd Em
ergen
cy de
partm
ent in
Lin
colns
hire t
o extr
act fu
rther
inform
ation
on
the t
empo
ral an
d loc
ation
al na
ture
of alc
ohol-
relate
d viol
ent o
ffenc
es an
d vio
lent c
rime,
signifi
cantl
y enh
ancin
g our
know
ledge
abou
t hots
pots.
We w
ill as
sess
the us
efulne
ss of
the pi
lot an
d if s
ucce
ssful
enco
urage
othe
r Acc
ident
& Em
ergen
cy
depa
rtmen
ts in
Linco
lnshir
e to a
dopt
the
schem
e.
Tools
and p
owers
to ta
ckle
alcoh
ol rel
ated
diso
rder
in Lin
colns
hire.
City a
nd to
wn ce
ntre n
ight-t
ime e
cono
my
has g
rown i
n Linc
olnsh
ire ov
er rec
ent
years
- in so
me ca
ses c
onsid
erably
. Whil
st bri
nging
man
y sign
ifican
t ben
efits,
this
growt
h is a
lso pl
acing
incre
asing
costs
on
statut
ory se
rvice
s inc
luding
polic
e forc
e and
cri
mina
l justi
ce sy
stems
and a
lso th
e cos
ts of
tidyin
g up t
own c
entre
s and
accid
ent
and e
merge
ncy c
osts.
Mos
t tow
n cen
tres
in Lin
colns
hire h
ave n
ow in
trodu
ced s
ome
form
of de
dicate
d high
visib
ility p
olicin
g, su
ch as
the r
egula
r Linc
oln “S
afe in
The
City”
polic
ing op
eratio
n, du
ring p
eak t
imes
an
d in i
denti
fied h
otspo
ts. M
any a
reas i
n Lin
colns
hire,
such
as Sk
egne
ss, Bo
ston &
Lin
coln,
have
also
seen
the b
enefi
t hav
e es
tablis
hing m
ulti-a
genc
y “Sa
fezon
es” o
n the
stree
ts at
peak
times
.
Strate
gic Pr
iority
2: Su
ppor
ting F
amili
es &
Comm
uniti
es
Howe
ver a
s a re
sult o
f this
signifi
cant
growt
h in t
he ni
ght t
ime e
cono
my in
Lin
colns
hire w
e nee
d to e
nsure
that
the
appro
priate
reso
urces
are i
n plac
e to
mana
ge th
is. W
e hav
e alre
ady s
uppo
rted
the de
velop
ment
of the
succ
essfu
l Stre
et Pa
stors
Sche
me in
Linc
oln an
d more
rec
ently
the i
ntrod
uctio
n of E
venin
g Ec
onom
y Ward
ens t
hroug
hout
Linco
lnshir
e. Bo
th sch
emes
supp
ort ag
encie
s in t
he
mana
geme
nt of
the ni
ght t
ime e
cono
my
- the
Stree
t Pas
tors o
fferin
g cari
ng an
d frie
ndly
assis
tance
to vi
sitors
whils
t the
Ev
ening
Econ
omy W
arden
s prov
iding
rea
ssuran
ce, su
pport
and d
ealin
g with
iss
ues i
n crim
e “ho
tspots
” befo
re the
y es
calat
e to a
serio
us le
vel.
Yet w
e also
need
to en
sure
we ha
ve
adeq
uate
resou
rces t
o mee
t our
own
statut
ory ob
ligati
ons a
s age
ncies
. The
refore
we
will u
ndert
ake a
revie
w of p
olice
lic
ensin
g serv
ice pr
ovisi
on ac
ross a
ll thre
e po
licing
divis
ions t
o ens
ure a
cons
isten
t ap
proac
h of d
ealin
g with
licen
sing i
ssues
by
the P
olice
acros
s Linc
olnsh
ire. W
here
nece
ssary
we wi
ll also
be in
volve
d in t
he
deve
lopme
nt of
the pr
opos
al to
create
a s
hared
Publi
c Prot
ectio
n Serv
ice in
Lin
colns
hire,
which
would
inclu
de th
e Loc
al Au
thorit
y alco
hol li
cens
ing fu
nctio
ns.
It is
true t
hat t
he va
st ma
jority
of th
e peo
ple
enjoy
alco
hol w
ithou
t ca
using
harm
to
thems
elves
or to
othe
rs.
But fo
r othe
rs, al
coho
l misu
se is
a ve
ry rea
l pro
blem
and f
or ma
ny to
wns i
n Linc
olnsh
ire
the pr
oblem
s of a
lcoho
l-relat
ed cr
ime
and d
isorde
r are
a visi
ble co
nseq
uenc
e of
alcoh
ol mi
suse
. It is
well k
nown
that
the
night-
time e
cono
my an
d bing
e drin
king
have
been
incre
asing
acros
s the
coun
try
and l
egisl
ation
(for e
xamp
le the
ASB A
ct 20
03 an
d Lice
nsing
Act 2
003)
has b
een
introd
uced
to m
anag
e som
e of th
e effe
cts
of lat
e nigh
t drin
king i
nclud
ing lit
tering
, no
ise nu
isanc
e, pu
blic u
rinati
on, fi
ghtin
g an
d crim
inal d
amag
e. Alc
ohol-
relate
d dis
order
and v
iolen
ce is
parti
cular
ly co
mmon
in an
d arou
nd pu
blic t
ransp
ort
links
and a
t flas
hpoin
ts wh
ere pe
ople
leave
pu
bs an
d mov
e on t
o club
s in t
he ea
rly
hours
of th
e morn
ing. A
cross
Linco
lnshir
e, the
natur
e of th
e nigh
t-tim
e eco
nomy
va
ries a
s do t
he ap
proac
hes r
equir
ed to
ma
nage
diso
rder u
nder
these
often
spec
ific
cond
itions
.
We ar
e awa
re tha
t man
y tow
n and
city
centr
es in
Linc
olnsh
ire fa
ce th
eir ow
n un
ique p
roblem
s with
rega
rds to
the e
ffects
of
alcoh
ol mi
suse
. We a
ckno
wledg
e tha
t the
licen
sed p
remise
s the
mselv
es pl
ay a
vital
part i
n the
man
agem
ent o
f the n
ight-
time e
cono
my ho
weve
r large
numb
ers of
pe
ople
drink
ing wi
thin r
elativ
ely co
mpac
t dis
tricts
can l
ead t
o anti
-socia
l beh
aviou
r an
d diso
rder, p
articu
larly
if lice
nsed
pre
mise
s hav
e serv
ed cu
stome
rs wh
o are
alrea
dy dr
unk.
There
fore w
e will
resea
rch,
desig
n and
deve
lop an
appro
priate
meth
od
to rai
se aw
arene
ss an
d rein
force
S.14
1 of
the Li
cens
ing Ac
t- tha
t it is
an of
fence
for
busin
esse
s to s
ell al
coho
l to pe
ople
who a
re alr
eady
drun
k. Wh
ilst w
e ack
nowle
dge t
hat
this m
ay be
diffic
ult to
prog
ress w
e fee
l that
it is a
n imp
ortan
t piec
e of le
gislat
ion th
at mu
st no
t be f
orgott
en. W
e hop
e tha
t we
can e
mpha
sise t
he et
hical
respo
nsibi
lities
tha
t lice
nsed
prem
ises h
ave w
hen s
elling
alc
ohol.
Howe
ver w
e also
reco
gnize
that
simply
en
forcin
g the
curre
nt leg
islati
on in
iso
lation
will n
ot be
succ
essfu
l in im
provin
g the
stan
dards
in lic
ense
d prem
ises i
n Lin
colns
hire.
We m
ust w
ork cl
osely
with
licen
sees
to bu
ild up
a po
sitive
relat
ionsh
ip an
d enc
ourag
e the
m to
volun
tarily
impro
ve
stand
ards a
nd m
anag
emen
t prac
tices
. We
reali
se th
at the
majo
rity o
f lice
nsed
pre
mise
s in L
incoln
shire
are e
xtrem
ely we
ll ma
nage
d how
ever
inevit
ably
there
are th
ose
which
are n
ot.
111
1819
Strate
gic Pr
iority
2: Su
ppor
ting F
amili
es &
Comm
uniti
es
The i
ntrod
uctio
n of th
e Linc
oln Be
st Ba
r No
ne sc
heme
in 20
08 wa
s a bi
g step
for
ward
toward
s imp
roving
stan
dards
wi
thin t
he ni
ght t
ime e
cono
my in
the C
ity.
Best
Bar N
one p
rovide
s a m
uch n
eede
d op
portu
nity t
o lice
nsee
s to d
emon
strate
to
partn
ers ju
st ho
w well
they
man
age t
heir
premi
se an
d is a
reco
gnise
d awa
rd sch
eme
supp
orted
by th
e Hom
e Offic
e. It
is aim
ed
at pro
motin
g res
pons
ible m
anag
emen
t and
op
eratio
n of a
lcoho
l-lice
nsed
prem
ises, t
hus
reduc
ing al
coho
l relat
ed cr
ime a
nd di
sorde
r.
We ar
e com
mitte
d to s
uppo
rting
the
schem
e in L
incoln
into
its se
cond
year
and w
ill wo
rk wi
th the
Linc
oln Bu
sines
s Im
prove
ment
Group
(BIG
), who
are
mana
ging t
he pr
oject,
to ev
aluate
it an
d tak
e the
point
s we h
ave l
earnt
to ot
her
areas
arou
nd Li
ncoln
shire
.
In ad
dition
to th
e Bes
t Bar
None
sche
me
we ha
ve al
so be
en wo
rking
with
licen
sees
to
enco
urage
the v
olunta
ry ad
optio
n of
the us
e of p
olyca
rbona
te gla
sses i
n orde
r to
reduc
e the
numb
er of
glass
relate
d inc
idents
and a
ccide
nts.
Stree
t drin
king i
s ofte
n see
n as a
threa
t to
publi
c safe
ty an
d app
ears
regula
rly in
su
rveys
arou
nd pu
blic p
ercep
tion o
f crim
e an
d safe
ty. So
metim
es th
e pres
ence
of
intox
icated
, pos
sibly
rowdy
and u
nkem
pt gro
ups o
f peo
ple in
publi
c plac
es ca
n fos
ter
a sen
se of
a da
nger
for m
any m
embe
rs of
the pu
blic -
espe
cially
the e
lderly
. We
agree
that
in so
me ar
eas i
n Linc
olnsh
ire,
such
as Sk
egne
ss, Bo
ston a
nd Gr
antha
m,
the in
trodu
ction
of m
easu
res to
tack
le dri
nking
in th
e stre
ets is
a ne
cessa
ry an
d pro
porti
onal
step.
Desig
nated
Publi
c Plac
e Or
ders
(DPP
O) ha
ve re
place
d drin
king
bylaw
s and
can b
e crea
ted in
a pu
blic p
lace
where
nuisa
nce o
r ann
oyan
ce to
the p
ublic
ha
s bee
n asso
ciated
with
the co
nsum
ption
of
alcoh
ol in
that a
rea. P
olice
and P
CSO’s
ca
n use
discr
etion
and c
onfis
cate
alcoh
ol if a
pprop
riate.
Howe
ver w
e hav
e lea
rnt
from
the in
trodu
ction
of ot
her D
PPO’s
aro
und t
he co
untry
that
the ov
er-rel
iance
on
enfor
ceme
nt alo
ne, w
ithou
t the
use o
f a p
roblem
solvi
ng ap
proac
h, ca
n lea
d to
initia
tives
such
as th
is be
comi
ng a
mere
‘stick
ing pl
aster
’ ove
r the w
ider c
ause
s of
alcoh
ol rel
ated c
rime a
nd di
sorde
r. For
exam
ple as
a co
nseq
uenc
e of in
trodu
cing a
DP
PO, ‘s
treet
drink
ers’ m
ay be
disp
ersed
to
other
areas
in th
e com
munit
y tha
t are
not
cove
red by
the D
PPO a
rea.
There
fore w
e hav
e com
missi
oned
a ‘De
tache
d Alco
hol O
pen A
cces
s’ sch
eme
to im
prove
acce
ss an
d eng
agem
ent
servi
ces f
or ‘st
reet d
rinke
rs’ in
Linc
olnsh
ire
where
ver th
ey co
ngreg
ate. T
he in
itial y
ear
long s
chem
e will
provid
e harm
redu
ction
inf
ormati
on an
d enc
ourag
e eng
agem
ent in
tre
atmen
t inter
venti
ons. O
ne of
the a
ims o
f thi
s init
iative
is to
redu
ce th
e crim
inal a
nd
anti-
socia
l beh
aviou
r of th
is gro
up in
publi
c pla
ces a
nd re
duce
alco
hol re
lated
crim
inal
activ
ity.
Strate
gic Pr
iority
2: Su
ppor
ting F
amili
es &
Comm
uniti
es
Howe
ver w
e also
belie
ve th
ere ar
e rea
l op
portu
nities
in ad
optin
g more
posit
ive
appro
ache
s to p
lace s
hapin
g suc
h as t
he
Purpl
e Flag
initia
tive,
simila
r to bl
ue fla
gs
for be
ache
s and
gree
n flag
s for
parks
and
open
spac
es. T
his in
volve
s acc
reditin
g tow
n cen
tres a
nd ot
her p
laces
as a
suita
ble
locati
on to
come
and e
njoy,
for a
mixe
d po
pulat
ion of
custo
mers
at dif
feren
t tim
es.
A Purp
le Fla
g aim
s to b
e an a
ccred
itatio
n an
d an i
ndica
tion o
f a we
ll-reg
ulated
safe
envir
onme
nt.
This
type o
f app
roach
is de
signe
d to l
ook
not o
nly at
aesth
etics
and g
ood d
esign
, but
also e
rgono
mics,
acce
ss/eg
ress, a
long w
ith
stand
ards o
f beh
aviou
r and
regu
lation
in an
are
a. Th
is is
a pos
itive i
nitiat
ive an
d perh
aps
gives
a co
ntrary
posit
ion to
bran
ding a
reas
‘Alco
hol D
isorde
r Zon
es’ o
r ‘Con
trolle
d Dr
inking
Zone
s’. Wh
ilst w
e are
aware
there
are
some
prob
lems w
ith th
e ove
rarch
ing
body
who m
anag
e this
relat
ively
new
schem
e we h
ope t
his ca
n be r
esolv
ed an
d thi
s app
roach
cons
idered
for to
wns a
cross
Linco
lnshir
e.
Howe
ver a
s age
ncies
we ca
n no l
onge
r focu
s sim
ply on
conta
ining
or m
anag
ing th
e dis
order
so of
ten as
socia
ted wi
th ex
cessi
ve
drink
ing bu
t nee
d to t
ake m
easu
res to
sig
nifica
ntly r
educ
e it in
cludin
g thro
ugh
targe
ted de
terren
ce of
thos
e res
pons
ible.
The r
espo
nsibi
lity of
en
ding t
he bi
nge d
rinkin
g cu
lture
must
lie in
part
with
the in
dividu
al.
Howe
ver, i
ndivi
duals
need
to un
derst
and
that if
as a
result
of irr
espo
nsibl
e drin
king
they c
ommi
t offe
nces
thes
e will
not
be tre
ated a
s som
ehow
of on
ly mi
nor
impo
rtanc
e.
We wi
ll con
tinue
to ta
rget t
hose
indiv
iduals
wh
ose a
buse
of al
coho
l resu
lts in
prob
lems
of dis
order
throu
ghou
t our
comm
unitie
s in
Linco
lnshir
e. We
will c
ontin
ue to
prom
ote
the us
e of to
ols su
ch as
Anti-
Socia
l Be
havio
ur Or
ders,
Fixe
d Pen
alty N
otice
s and
oth
er me
asure
s to d
eal w
ith th
is pro
blem
and w
e will
explo
re ho
w freq
uentl
y the
y are
used
and h
ow ef
fectiv
e the
y can
be. W
e wi
ll also
embra
ce, w
here
appro
priate
, any
ne
w leg
islati
on su
ch as
‘Drin
king B
annin
g Or
ders’
and ‘
Direc
tions
to In
dividu
als to
Le
ave a
Loca
lity’.
112
2021
There
is str
ong e
viden
ce th
at ea
rly in
terve
ntion
with
indivi
duals
whos
e drin
king i
s like
ly to
expo
se the
m to
increa
sed ris
k can
be ef
fectiv
e in h
elping
them
to
reduc
e the
ir alco
hol in
take.
But m
any p
eople
in
Linco
lnshir
e don
’t rea
lise th
at the
ir drin
king i
s plac
ing
them
at inc
reased
risk.
We ne
ed to
impro
ve pr
even
tion
activ
ity, id
entify
ing pe
ople
whos
e alco
hol u
se ma
y be
harm
ful wi
thout
their b
eing a
ware
of it,
and s
uppo
rting
them
to ma
ke po
sitive
chan
ges. A
lso we
need
to
supp
ort th
ose w
ith m
ore se
rious
prob
lems, s
uch a
s alc
ohol
depe
nden
cy, w
ho of
ten re
quire
more
inten
sive
supp
ort to
enab
le the
m to
addre
ss the
ir drin
king.
Impr
oved
Supp
ort &
Trea
tmen
t –
Key A
ction
sDr
aft, c
onsu
lt and
agree
joint
worki
ng
■
arran
geme
nts be
twee
n alco
hol tr
eatm
ent
provid
ers, Jo
b Cen
tre Pl
us, e
duca
tion a
nd tra
ining
pro
viders
to su
pport
alco
hol u
sers
in ge
tting
em
ploym
ent.
Reco
rd an
d mon
itor h
igh-ri
sk do
mesti
c abu
se
■
case
s whe
re alc
ohol
is a f
actor
and d
evelo
p loc
al res
pons
es as
appro
priate
Inv
estig
ate ho
w the
uptak
e of p
eople
atten
ding t
he
■
Reha
bilita
tion C
ourse
s for
Drink
Drive
rs co
uld be
inc
rease
d. Als
o res
earch
how t
he al
coho
l trea
tmen
t se
rvice
s cou
ld he
lp de
velop
thes
e cou
rses f
urthe
r.De
velop
and i
mplem
ent A
lcoho
l Trea
tmen
t
■
Requ
ireme
nts as
part
of a c
ommu
nity o
rder.
Agree
an ac
tion p
lan fo
r add
ressin
g the
hous
ing
■
need
s of p
roblem
atic a
lcoho
l use
rs (to
inclu
de:
data
requir
emen
ts; aw
arene
ss tra
ining
for h
ousin
g wo
rkers,
RSL’s
and p
rivate
Land
lords
; crit
eria
for pr
iority
hous
ing; a
ssessi
ng ne
ed fo
r floa
ting
supp
ort an
d asse
rtive
outre
ach)
Unde
rtake
a va
lidati
on ch
eck o
f exis
ting p
athwa
ys
■
of the
Hosp
ital A
lcoho
l Liai
son s
ervice
to in
form
future
comm
ission
ing in
tentio
ns.
Conti
nue t
o mon
itor t
he ke
y perf
orman
ce
■
indica
tors r
elatin
g to t
he ne
wly c
ommi
ssion
ed
detac
hed a
lcoho
l ope
n acc
ess s
ervice
. Th
is wi
ll inc
lude s
ome p
roces
s map
ping.
Conti
nue t
o mon
itor t
he Ho
me Of
fice f
unde
d
■
Youn
g Pers
on Al
coho
l Arre
st Re
ferral
sche
me pi
lot
in Lin
colns
hire.
Ensu
re tha
t pres
ent a
nd fu
ture s
ervice
deliv
ery of
■
spec
ialist
alco
hol tr
eatm
ent s
ervice
s hav
e bee
n co
mmiss
ioned
and d
esign
ed in
cons
ultati
on wi
th se
rvice
users
.It h
as lon
g bee
n clea
r that
excess
drink
ing pu
ts yo
ur lon
g term
healt
h at ri
sk an
d tha
t this r
isk in
crease
s wit
h con
sump
tion.
The c
hronic
healt
h effe
cts of
alco
hol
can a
ffect
nume
rous o
rgans
in th
e bod
y and
lead
to
variou
s dise
ases a
nd co
nditio
ns. Th
ese in
clude
: liver
cir
rhosis
, certa
in ca
ncers
, strok
es, pa
ncrea
titis, g
astriti
s, hig
h bloo
d pres
sure,
fertil
ity pr
oblem
s, imp
otenc
e, ne
urolog
ical p
roblem
s and
men
tal he
alth p
roblem
s.
The N
orth W
est P
ublic
Healt
h Obs
ervato
ry (N
WPHO
) ha
s prod
uced
estim
ates o
f the p
roport
ion of
the
popu
lation
in Li
ncoln
shire
who a
re cla
ssifie
d as
enga
ging i
n:
binge
drink
ing
■
haza
rdous
drink
ing,
■
harm
ful dr
inking
■
depe
nden
t drin
kng
■ 17
% of
the po
pulat
ion in
Linco
lnshir
e are
estim
ated
binge
drink
ing- m
eanin
g tha
t nea
rly 95
,000 p
eople
are
cons
uming
at le
ast tw
ice th
e dail
y rec
omme
nded
am
ount
of alc
ohol
in a s
ingle
drink
ing se
ssion
(that
is, 8
or mo
re un
its fo
r men
and 6
or m
ore un
its fo
r wom
en).
Impr
oved
Supp
ort &
Trea
tmen
t
Strat
egic
Prior
ity 3
Strate
gic Pr
iority
3: Im
prov
ed Su
ppor
t & Tr
eatm
ent
113
2223
Strate
gic Pr
iority
3: Im
prov
ed Su
ppor
t & Tr
eatm
ent
This
data
also s
ugge
sts th
at 18
.4% of
the
popu
lation
in Li
ncoln
shire
are d
rinkin
g at
haza
rdous
leve
ls. Th
is me
ans t
hat o
ver
100,0
00 pe
ople
throu
ghou
t the
coun
ty are
dri
nking
betw
een 2
2 and
50 un
its of
alco
hol
per w
eek f
or ma
les, a
nd be
twee
n 15 a
nd
35 un
its of
alco
hol p
er we
ek fo
r fema
les.
Haza
rdous
drink
ing is
also
know
n as “
risky
dri
nking
”.
This c
once
pt is s
imila
r to th
e ide
a of
risky
beha
viour.
For e
xamp
le, sm
oking
20
cigare
ttes a
day m
ay no
t be a
ccomp
anied
by
any p
resen
t or a
ctual
harm
, but
we kn
ow it
is haza
rdous
. If yo
u are
regula
rly dr
inking
at
a leve
l that
place
s you
at in
creasi
ng ris
k you
mi
ght a
lread
y hav
e exp
erien
ced p
roblem
s lik
e fee
ling t
ired o
r dep
ressed
, gain
ing ex
tra
weigh
t, mem
ory lo
ss wh
ile dr
inking
, slee
ping
poorl
y and
sexu
al dif
ficult
ies.
The N
WPHO
data
also t
ells u
s tha
t 4.3%
of
the po
pulat
ion in
Linco
lnshir
e are
drink
ing at
ha
rmful
level
s. This
mea
ns th
at ov
er 24
,000
peop
le thr
ough
out th
e cou
nty ar
e con
sumi
ng
more
than 5
0 unit
s of a
lcoho
l per
week
for
males
, and
more
than
35 un
its of
alco
hol
per w
eek f
or fem
ales. T
he ha
rmful
drink
ing
categ
ory ap
plies
to pe
ople
drink
ing ov
er me
dicall
y rec
omme
nded
level
s, prob
ably
at so
mewh
at hig
her le
vels t
han i
n haza
rdous
dri
nking
. It su
ggest
s tha
t you
are a
t high
er ris
k of h
arming
your
healt
h as a
resu
lt of
drink
ing. Th
e prob
lems t
hat a
re be
ing
detec
ted by
you a
t this s
tage m
ay be
acute
, su
ch as
an al
coho
l-relat
ed ac
ciden
t, acu
te pa
ncrea
titis o
r acu
te blo
od po
isonin
g. Yo
u are
likely
to ha
ve exp
erien
ced f
eelin
g tire
d or
depre
ssed,
gaini
ng we
ight o
r hav
ing pe
riods
of
memo
ry los
s whe
n drin
king.
You m
ay be
sle
eping
poorl
y or h
aving
sexu
al dif
ficult
ies.
Finall
y the
re are
estim
ated t
o be o
ver
13,00
0 peo
ple wh
o cou
ld be
clas
sed a
s de
pend
ent d
rinke
rs. Th
is ca
tegory
refer
s to
drink
ing as
socia
ted wi
th an
estab
lishe
d mo
derat
e or s
evere
leve
l of d
epen
denc
e. Yo
ur alc
ohol
usag
e exce
eds “
sens
ible
drink
ing” g
uideli
nes a
nd is
cons
idered
to be
ab
ove t
he ha
zardo
us an
d harm
ful ra
nge o
f co
nsum
ption
. You
are p
robab
ly de
pend
ent
on al
coho
l and
unab
le to
functi
on wi
thout
it. Yo
ur dri
nking
will m
ost li
kely
be ha
rming
yo
u phy
sicall
y, so
cially
and o
ccup
ation
ally.
We re
cogn
ise th
at we
mus
t work
toge
ther
as ag
encie
s to r
educ
e the
start
ling n
umbe
r of
peop
le bin
ge dr
inking
and c
onsu
ming
alc
ohol
at ha
zardo
us, h
armful
or de
pend
ent
levels
throu
ghou
t the w
hole
coun
ty. Ho
wever
we
also
reali
se tha
t we m
ust fo
cus s
pecifi
c ac
tion o
n tho
se are
as in
the co
unty
that h
ave
signifi
cantl
y wors
e prob
lems. F
or exa
mple
the NW
PHO d
ata su
ggest
s tha
t Linc
oln Ci
ty ha
s the
high
est nu
mber
of alc
ohol
spec
ific
death
s in m
ales in
the E
ast M
idlan
ds re
gion
and t
he fo
rth wo
rst ra
te in
the co
untry
.
Adult
Alco
hol T
reatm
ent
Servi
ces
Alcoh
ol tre
atmen
t serv
ice de
velop
ment
is no
w well
unde
rway
in Li
ncoln
shire
after
an
inves
tmen
t by L
incoln
shire
Prim
ary Ca
re Tru
st of
over
£1.5
millio
n in 2
008/0
9 into
de
velop
ing th
e alco
hol tr
eatm
ent s
ystem
an
d serv
ice de
livery
in lin
e with
‘Mod
els of
Ca
re for
Alco
hol U
sers’
[200
6]
As pa
rt of th
is se
rvice
the f
ollow
ing ha
ve
been
intro
duce
d -
An en
tirely
new t
ier 2
‘open
acce
ss’ to
■
alcoh
ol tre
atmen
t throu
ghou
t the c
ounty
via
the e
stabli
shed
drug
and a
lcoho
l res
ource
sites,
satel
lite sit
es an
d crim
inal
justic
e rou
tes of
fering
not o
nly sc
reenin
g an
d tria
ge to
tier 3
spec
ialist
servi
ces b
ut als
o the
deliv
ery of
brief
inter
venti
ons,
supp
ort an
d adv
ice to
thos
e ide
ntifie
d as
haza
rdous
or ha
rmful
drink
ers.
A ne
w deta
ched
alco
hol o
pen a
cces
s
■
servi
ce to
incre
ase a
cces
s and
en
gage
ment
of alc
ohol
users
spec
ificall
y wi
thin L
incoln
shire
’s more
rural
area
s. An
enha
nced
tier 3
Alco
hol C
ommu
nity
■
Treatm
ent S
ervice
A n
ew st
ructur
ed ps
ycho
socia
l
■
interv
entio
n serv
ice.
Hosp
ital li
aison
worke
rs ba
sed i
n Linc
oln,
■
Bosto
n and
Gran
tham
hosp
itals.
A co
unty
webs
ite - w
ww.lin
cs2alc
ohol.
■
co.uk
- aim
ed at
mem
bers
of the
publi
c in
Linco
lnshir
e. Yo
u can
comp
lete a
n alc
ohol
scree
ning t
est A
UDIT
onlin
e to
meas
ure yo
ur ow
n drin
king l
evels
. And
if n
eces
sary
find o
ut mo
re inf
ormati
on
abou
t how
to ac
cess
treatm
ent s
ervice
s or
gene
ral he
lp or
advic
e. Pro
fessio
nals
worki
ng in
the c
ounty
can a
lso ac
cess
the si
te if t
hey n
eed a
dvice
, infor
matio
n an
d sup
port
on al
coho
l relat
ed m
atters
.Th
e com
missi
oning
of a
numb
er of
■
comm
unity
pharm
acies
acros
s the
co
unty
to de
liver
scree
ning,
signp
ostin
g to
spec
ialist
servi
ces a
nd th
e deli
very
of bri
ef int
erven
tions
to th
eir pr
esen
ting
servi
ce us
ers.
Strate
gic Pr
iority
3: Im
prov
ed Su
ppor
t & Tr
eatm
ent
Linco
lnshir
e has
a we
ll esta
blish
ed an
d
■
expe
rienc
ed dr
ug tre
atmen
t sys
tem an
d alc
ohol
treatm
ent s
ervice
s hav
e bee
n de
velop
ed to
both
enha
nce t
he se
rvice
s ab
ility t
o resp
ond t
o poly
subs
tance
mi
suse
and p
rovide
pathw
ays in
to alc
ohol
treatm
ent p
rovisi
on bo
th wit
hin sp
ecial
ist
servic
es an
d the
deve
loping
Prim
ary ca
re Lo
cally
Enha
nced
GP co
ntrac
t.
Betw
een 2
008 a
nd 20
09 ov
er 70
0 peo
ple
in Lin
colns
hire a
cces
sed t
he tie
r 2
alcoh
ol op
en ac
cess
treatm
ent s
ervice
. Ap
proxim
ately
82 %
(662
) of th
ese p
eople
we
re de
fined
as be
ing de
pend
ant o
n alc
ohol
and i
n nee
d of th
e tier
3 Alc
ohol
Comm
unity
Trea
tmen
t Serv
ice. In
total
804
peop
le in
Linco
lnshir
e were
seen
by th
e en
hanc
ed tie
r 3 le
vel se
rvice
.
There
fore b
etwee
n 200
8 and
2009
the
alcoh
ol tre
atmen
t serv
ice in
Linc
olnsh
ire
saw 6
% ou
t of th
e tota
l num
ber o
f de
pend
ant d
rinke
rs (ov
er 13
000)-
this
comp
ares t
o the
natio
nal a
verag
e whic
h is
also 6
%. In
2009
/10 we
are a
iming
to
increa
se th
e num
ber o
f dep
enda
nt dri
nkers
in
Linco
lnshir
e acc
essin
g trea
tmen
t and
to
achie
ve th
is Lin
colns
hire P
rimary
Care
Trust
will i
ncrea
se th
e inv
estm
ent in
treatm
ent
servi
ces a
ccord
ingly.
Youn
g Pers
ons S
pecia
list
Treat
ment
Servi
ces
Linco
lnshir
e has
a we
ll esta
blish
ed an
d su
cces
sful y
oung
perso
n’s dr
ug an
d alco
hol
treatm
ent s
ervice
calle
d Buz
zz. Th
is mu
lti-ag
ency
subs
tance
misu
se pr
oject
aims t
o pro
vide a
n ind
ividu
al pa
ckag
e of s
uppo
rt for
unde
r 19’s
.
In lin
e with
the n
ation
al pic
ture t
he m
ain
drug o
f cho
ice by
youn
g peo
ple ac
cessi
ng
treatm
ent in
2007
/08 in
Linc
olnsh
ire wa
s alc
ohol.
Unde
rtake
a ma
pping
exerc
ise to
iden
tify
and h
ighlig
ht ref
erral
routes
into
treatm
ent,
aware
ness
acros
s univ
ersal
servi
ce st
aff of
su
bstan
ce m
isuse
servi
ces, m
echa
nisms
by
which
poten
tial se
rvice
users
obtai
n/are
give
n info
rmati
on to
acce
ss se
rvice
s. Da
ta ga
therin
g exe
rcise
within
the Y
PDAR
G to
identi
fy nu
mber
of yo
ung p
eople
of
differ
ing et
hnic
and t
ravell
er gro
ups k
nown
to
unive
rsal se
rvice
s with
subs
tance
misu
se
issue
s. Ens
ure th
at the
Adult
Hosp
ital
Alcoh
ol Lia
ison W
orkers
mak
e app
ropria
te ref
errals
to tre
atmen
t serv
ices. T
rainin
g to
be un
derta
ken a
round
iden
tifica
tion
and s
creen
ing of
unde
r 19’s
pres
entin
g to
hosp
ital, i
nform
ation
abou
t and
refer
ral to
tre
atmen
t serv
ices.
Youn
g Pers
on Al
coho
l Arre
st Re
ferral
Servi
ce
Follo
wing
a su
cces
sful a
pplic
ation
to th
e Ho
me Of
fice i
n 200
8 Linc
olnsh
ire wa
s ch
osen
as on
e of o
nly si
x sele
cted a
reas
natio
nally
to im
pleme
nt a 1
2 mon
th Yo
ung
Perso
n Alco
hol A
rrest
Refer
ral sc
heme
. The
pro
ject a
ims t
o red
uce r
e-offe
nding
and
levels
of dr
inking
by en
gagin
g with
youn
g pe
ople
who h
ave b
een a
rreste
d whe
re alc
ohol
may h
ave p
layed
a pa
rt in t
he
comm
ission
of th
e offe
nce.
It wi
ll not
only
focus
on re
ducin
g alco
hol c
onsu
mptio
n but
ensu
re tha
t you
ng pe
ople
are pr
ovide
d with
inf
ormati
on an
d guid
ance
arou
nd a
range
of
issue
s whic
h may
redu
ce th
e like
lihoo
d of
re-off
endin
g e.g.
healt
h, ho
using
, ben
efits
advic
e, ed
ucati
on, tr
aining
, emp
loyme
nt an
d dive
rsion
ary ac
tivitie
s. We w
ill co
ntinu
e to
deve
lop th
is pil
ot an
d onc
e esta
blish
ed
monit
or the
effec
tiven
ess o
f the s
chem
e.
Deve
loping
the a
lcoho
l wo
rkfor
ceLin
colns
hire b
enefi
ts fro
m an
estab
lished
inf
rastru
cture
of thi
rd sec
tor an
d stat
utory
organ
isatio
ns th
at are
deter
mine
d to t
ackle
pro
blems
with
alcoh
ol mi
suse.
A div
erse
range
of pr
ofessi
ons, s
uch a
s doc
tors, n
urses,
po
lice o
fficers
, socia
l work
ers, co
unsel
lors,
hous
ing of
ficers
and y
outh
worke
rs,
contr
ibute
to the
care
and s
uppo
rt of th
ose
affec
ted by
the h
arm ca
used
by al
coho
l.Ho
weve
r we h
ave r
ecog
nised
that
more
could
be
done
to st
rength
en th
e cap
acity
of th
is wo
rkforc
e. Th
erefor
e in 2
008 w
e prov
ided
308 T
ier 1
worke
rs thr
ough
out th
e cou
nty
with t
rainin
g on a
lcoho
l.
The b
rief w
as to
incre
ase w
orkers
know
ledge
of
alcoh
ol, th
e ava
ilable
spec
ialist
servi
ces
in co
unty,
the a
dmini
strati
on of
AUDI
T and
ho
w to d
elive
r a nu
mber
of bri
ef/mi
nimal
interv
entio
ns. To
supp
ort an
d com
pleme
nt the
se co
urses
in 20
09 we
will s
eek t
o: ide
ntify
those
with a
role
in ad
dressi
ng
the im
pact
of alc
ohol
relate
d harm
on
indivi
duals
, fami
lies a
nd co
mmun
ities;
devis
e an a
pproa
ch th
at refl
ects
the di
fferen
t lev
els of
supp
ort pr
ovide
d by t
hem;
estab
lish
a set
of ke
y com
peten
cies a
cross
the
workf
orce;
and e
nsure
the w
orkfor
ce ha
s the
ne
cessa
ry ski
lls to
addre
ss the
wide
rang
ing
need
s of c
lients
.
114
2425
Servi
ce Us
er In
volve
ment
We fe
el tha
t it is
esse
ntial
that p
eople
using
the
exist
ing al
coho
l trea
tmen
t serv
ices
are gi
ven t
he op
portu
nity t
o use
their
own
expe
rienc
es to
influ
ence
and i
mprov
e the
se se
rvice
s The
refore
we wi
ll ens
ure
that p
resen
t and
futur
e serv
ice de
livery
of
spec
ialist
alco
hol tr
eatm
ent s
ervice
s ha
ve be
en co
mmiss
ioned
and d
esign
ed in
co
nsult
ation
with
servi
ce us
ers.
Alco
holic
s Ano
nymo
us
Alcoh
olics
Anoy
mous
is we
ll esta
blish
ed
in Lin
colns
hire a
nd bu
ilding
on th
is en
thusia
sm an
d com
mitm
ent w
e rec
ognis
e tha
t we m
ust c
ontin
ue to
high
light
AA as
a via
ble op
tion t
o sup
port d
epen
dent
drink
ers
e.g. in
hosp
ital se
tting
s and
as pa
rt of
Alcoh
ol Tre
atmen
t Req
uirem
ents.
Supp
ort f
or pa
rents,
carer
s, fam
ily an
d frie
nds o
f alco
hol
users
We re
cogn
ise th
at in
addit
ion to
prov
iding
an
effec
tive t
reatm
ent s
ervice
to al
coho
l us
ers we
mus
t prov
ide su
pport
for th
eir
paren
ts, ca
rers, f
amily
and f
riend
s. We w
ill co
ntinu
e to s
uppo
rt and
deve
lop Th
e Oas
is Pro
ject-
the ch
arity
who i
s com
missi
oned
to
deliv
er thi
s serv
ice in
Linc
olnsh
ire.
We wi
ll also
conti
nue t
o high
light
Al An
on
as an
optio
n to s
uppo
rt fam
ilies a
nd fri
ends
of
proble
m dri
nkers
, whe
ther th
ey ar
e still
dri
nking
or no
t
Ment
al He
alth &
Alco
hol
Misu
seWe
know
that
alcoh
ol misu
se ca
n have
a ne
gativ
e impa
ct on
the m
ental
healt
h and
we
llbein
g of in
dividu
als an
d the
ir fam
ily.
Conv
ersely
men
tal he
alth p
roblem
s, suc
h as
psych
osis, d
epres
sion a
nd ev
en de
menti
a, ca
n con
tribute
to in
crease
d alco
hol u
se. Th
e str
ong c
orrela
tion b
etwee
n alco
hol m
isuse
and
actua
l or po
tentia
l men
tal he
alth p
roblem
s me
ans t
hat w
e mus
t tackl
e the
two t
ogeth
er.
But it
is no
t only
at th
e acu
te en
d tha
t alco
hol
and m
ental
healt
h can
be clo
sely i
nterlin
ked.
Alcoh
ol is a
depre
ssant
and a
lthou
gh its
use
can p
rovide
a tem
porar
y fee
ling o
f relax
ation
an
d wellb
eing,
its lon
ger te
rm ef
fect c
an be
to
accen
tuate
low m
ood,
anxie
ty an
d dep
ressio
n. We
reali
se tha
t we m
ust e
xplor
e the
links
with m
ental
healt
h and
alcoh
ol misu
se in
Linco
lnshir
e in m
ore de
tail. F
rom th
is we w
ill be
able t
o esta
blish
a clea
r stra
tegy a
nd pa
thway
for
dual d
iagno
sis ac
ross t
he tre
atmen
t syst
em
includ
ing m
aking
alcoh
ol part
of th
e core
pri
mary
and s
econd
ary ca
re me
ntal h
ealth
ser
vices
as ap
propri
ate.
Alco
hol a
nd Of
fende
rsTh
e link
betw
een a
lcoho
l and
crim
e –
parti
cular
ly vio
lent c
rime a
nd an
ti-so
cial
beha
viour
is cle
ar. Al
coho
l- rela
ted cr
ime i
s es
timate
d to c
ost t
he £1
2 billi
on pe
r yea
r, ca
use m
isery
to vic
tims a
nd th
eir fa
milie
s an
d und
ermine
our c
ommu
nities
.
An as
sessm
ent o
f offe
nders
in Li
ncoln
shire
in
2006
/07 sh
owed
that
52.1%
of al
l off
ence
s asse
ssed w
ere lin
ked t
o alco
hol.
Interv
ening
in a
crimi
nal ju
stice
setti
ng ca
n
provid
e the
oppo
rtunit
y to s
uppo
rt tho
se
who a
re ha
rdest
to rea
ch in
the c
ommu
nity
and s
o tac
kle he
alth i
nequ
alitie
s. It b
rings
be
nefits
direc
tly to
the o
ffend
er an
d the
ir im
media
te cir
cle an
d ind
irectl
y to t
hose
co
mmun
ities w
e mos
t wan
t to s
treng
then.
An of
fende
r can
trave
l a pa
th wh
ich be
gins
with
conta
ct wi
th the
polic
e, mo
ves t
hroug
h po
lice c
ustod
y, po
ssibly
to co
urt an
d pris
on.
It ca
n res
ult in
- (1)
one o
ff fine
s, suc
h as
fixed
pena
lty no
tices
(2) c
ommu
nity b
ased
se
ntenc
es, su
ch as
a pro
batio
n orde
r or
comm
unity
servi
ce or
der (3
) impri
sonm
ent
and s
ubse
quen
t relea
se ba
ck in
to the
co
mmun
ity, w
ith or
witho
ut sta
tutory
su
pervi
sion.
Oppo
rtunit
ies ex
ist al
ong t
hese
va
rious
route
s to i
denti
fy tha
t som
eone
ha
s an a
lcoho
l prob
lem; a
ssess
the na
ture
of tha
t prob
lem an
d the
indiv
idual’
s mo
tivati
on to
chan
ge; d
elive
r app
ropria
te int
erven
tions
or di
rect t
hem
into s
pecia
list
treatm
ent a
nd su
pport
.
Spec
ific pr
ogram
mes h
ave b
een d
evelo
ped
in Lin
colns
hire t
o sup
port o
ffend
ers wi
th alc
ohol
proble
ms-
The L
ow In
tensit
y Alco
hol P
rogram
me
■
(LIAP
) - a g
roup w
ork pr
ogram
me
for lig
htly c
onvic
ted no
n dep
enda
nt dri
nkers
. It he
lps pe
ople
analy
se an
d ch
ange
their
offen
ding b
ehav
iour.
The O
ffend
er Su
bstan
ce Ab
use
■
Progra
mme (
OSAP
) - a g
roup w
ork
progra
mme f
or de
pend
ant d
rinke
rs. Th
is pro
gramm
e aim
s to h
elp of
fende
rs mo
ve
away
from
the ab
use o
f alco
hol a
nd
avoid
enga
ging i
n crim
inal a
ctivit
y.
Alcoh
ol aw
arene
ss sp
ecifie
d acti
vity f
or
■
non E
nglis
h spe
aking
offen
ders,
this
has
been
deriv
ed fro
m LIA
P and
OSAP
and
trans
lated
into
vario
us la
ngua
ges
An Of
fende
r Man
agem
ent H
andb
ook
■
aroun
d alco
hol h
as be
en de
velop
ed
natio
nally
for o
ffend
er ma
nage
rs to
deliv
er wit
h the
offen
ders
they w
ork wi
th.Alc
ohol
aware
ness
works
hops
via t
he
■
healt
hy liv
ing pr
oject.
We wi
ll con
tinue
to su
pport
the
deve
lopme
nt of
these
prog
ramme
s and
als
o rais
e awa
renes
s and
prom
ote th
e us
e of th
e alco
hol c
ondit
ional
cauti
oning
sch
eme i
n cus
tody s
uites
in Li
ncoln
shire
. We
will a
lso fu
rther
deve
lop an
d imp
lemen
t Alc
ohol
Treatm
ent R
equir
emen
ts as
part o
f a c
ommu
nity o
rder.
Dome
stic A
buse
Dome
stic a
buse
involv
es an
y act
or thr
eat o
f ph
ysica
l, emo
tiona
l, men
tal, p
sych
ologic
al,
finan
cial o
r sexu
al ab
use i
n the
conte
xt of
a curr
ent o
r past
intim
ate re
lation
ship.
Alc
ohol’s
relat
ionsh
ip wit
h dom
estic a
buse
is com
plex; i
t brin
gs to
gethe
r a so
cial
beha
viour
-drink
ing al
coho
l with
an an
ti-soc
ial be
havio
ur – d
omest
ic abu
se. W
hile
there
is no e
viden
ce tha
t alco
hol a
lone c
auses
do
mesti
c abu
se, th
ere is
evide
nce t
hat w
here
violen
ce exi
sts, al
coho
l is of
ten pr
esent.
Th
ere is
not ju
st a c
onne
ction
betw
een
alcoh
ol an
d the
perpe
trator
s of d
omest
ic vio
lence;
man
y vict
ims u
se alc
ohol
as a f
orm
of sel
f-med
icatio
n, a c
oping
mech
anism
. Als
o, perp
etrato
rs ma
y use
their p
artne
rs’ dru
nken
ness
as an
excu
se for
their
own
aggre
ssion
.
In Lin
colns
hire w
e will c
ontin
ue to
reco
rd an
d mon
itor h
igh-ris
k dom
estic a
buse
cases
, thr
ough
the M
ulti-A
genc
y Risk
Asses
smen
t Co
nferen
ces (M
ARAC
) whe
re alc
ohol
is a fa
ctor
and d
evelop
loca
l resp
onses
as ap
propri
ate.
Drink
Drive
Offen
ders
Altho
ugh t
here
has b
een a
signifi
cant
succe
ss in
reduc
ing th
e num
ber o
f peo
ple ki
lled i
n alc
ohol
relate
d roa
d acci
dents
over
the la
st 15
years
, drin
k driv
ing re
mains
a ser
ious, l
ife
threa
tening
issue
.
The R
oad T
raffic
Act 1
991 a
llows
the c
ourts
to
offer
drink
-drive
offen
ders
the op
portu
nity t
o att
end a
reha
bilita
tion c
ourse
in ex
chan
ge fo
r a r
educ
tion i
n the
perio
d of d
isqua
lifica
tion.
In Lin
colns
hire t
hese
cours
es are
prov
ided b
y the
Lin
colns
hire R
oad S
afety
Partn
ership
(LRS
P) an
d Nati
onal
Proba
tion S
ervice
Linco
lnshir
e. Th
e cou
rse de
scribe
s the
cons
eque
nces
of dri
nking
and p
rovide
s prac
tical
advic
e abo
ut ass
essing
units
of al
coho
l and
the e
ffects
of
alcoh
ol on
the b
ody.
Statis
tics c
ollate
d by
the D
epart
ment
for Tr
ansp
ort sh
ow th
at pa
rticipa
nts wh
o have
comp
leted
the c
ourse
are
2-3 t
imes
less li
kely
to re-
offen
d as d
rivers
be
come
more
aware
of al
coho
l relat
ed iss
ues.
Betw
een 2
005 a
nd 20
08 ov
er 11
00 pe
ople
in Lin
colns
hire s
ucce
ssfull
y com
pleted
the d
rink
drive
rehab
ilitati
on co
urse. H
oweve
r nea
rly
an ad
dition
al 15
00 pe
ople
were
referr
ed fro
m the
court
s in Lin
colns
hire b
ut did
not ta
ke th
is op
portu
nity t
o atte
nd or
comp
lete t
he co
urse.
There
fore w
e will
invest
igate
how t
he up
take
of pe
ople
atten
ding t
he re
habil
itatio
n co
urses
for dr
ink dr
ivers
could
be in
creas
ed.
We wi
ll also
ensu
re tha
t the a
pprop
riate
alcoh
ol tre
atmen
t serv
ices a
re inv
olved
in
the fu
ture d
evelo
pmen
t of th
ese co
urses.
Alco
hol a
nd Ho
using
Need
sHo
using
is on
e of th
e basi
c hum
an ne
eds.
Poor
quali
ty, in
secure
or lac
k of h
ousin
g can
un
derm
ine all
the e
fforts
to im
prove
the liv
es of
peop
le who
may
affec
ted by
drink
prob
lems
in Lin
colns
hire. T
heref
ore we
will a
gree a
n ac
tion p
lan fo
r add
ressin
g the
hous
ing ne
eds
of pro
blema
tic alc
ohol u
sers (t
o inc
lude: d
ata
requir
emen
ts; aw
arene
ss tra
ining
for h
ousin
g wo
rkers,
RSL’s
and p
rivate
Land
lords;
crite
ria
for pr
iority
hous
ing; as
sessin
g nee
d for
floati
ng
supp
ort an
d asse
rtive o
utrea
ch).
Alco
hol &
Fire
Resea
rch wi
thin L
incoln
shire
has h
ighlig
hted
a worr
ying t
rend-
alcoh
ol wa
s a co
ntribu
tory
factor
in ov
er 80
% of
fire de
aths in
Lin
colns
hire f
rom 20
07-20
09. M
any o
f the
comm
on re
asons
for fi
res in
volvin
g alco
hol
are ci
garet
tes no
t put
out p
roperl
y and
ca
ndles
or un
atten
ded c
ookin
g afte
r peo
ple
have
fallen
aslee
p. Pe
ople
are m
ore lik
ely to
tak
e risk
s whe
n the
y drin
k and
lose
contr
ol of
their s
enso
ry aw
arene
ss. A
perso
n affe
cted b
y alc
ohol
is not
alway
s in a
posit
ion to
esca
pe
from
a fire
and s
o can
often
be ba
dly in
jured
or
killed
. There
fore w
e will
work
in pa
rtners
hip
in Lin
colns
hire t
o deve
lop in
itiativ
es to
reduc
e vuln
erabil
ity of
fire t
hroug
h alco
hol
misu
se inc
luding
: intel
ligen
ce m
anag
emen
t, pla
nning
, infor
matio
n cam
paign
s and
harm
red
uctio
n init
iative
s. The
se ac
tivitie
s will
be re
viewe
d at re
gular
inter
vals a
nd th
e ou
tcome
s acte
d upo
n.
Strate
gic Pr
iority
3: Im
prov
ed Su
ppor
t & Tr
eatm
ent
Strate
gic Pr
iority
3: Im
prov
ed Su
ppor
t & Tr
eatm
ent
115
2627
Throu
gh th
is de
livery
plan
Alco
hol H
arm Re
ducti
on Li
ncoln
shire
seek
s to s
ignific
antly
redu
ce le
vels o
f alco
hol a
buse
and m
any o
f the
asso
ciated
med
ical, p
hysic
al, ps
ycho
logica
l, fina
ncial
and s
ocial
harm
s tha
t it in
flicts
to the
peop
le an
d com
munit
ies of
Linc
olnsh
ire.
Key t
asks
Respo
nsibi
lityTa
rget d
ates
Start
End
STRA
TEGY
COOR
DINA
TION
, COM
MISS
IONI
NG AN
D PER
FORM
ANCE
MAN
AGEM
ENT
1As
sess
if a m
ulti-a
genc
y grou
p alre
ady e
xists
in Lin
colns
hire t
o deli
ver N
I39 an
d the
Linc
s Alco
hol S
trateg
y.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ju
ly 20
08Se
pt 20
08
2Fo
rmula
te a n
ew m
ulti-a
genc
y grou
p for
alcoh
ol ha
rm re
ducti
onLin
colns
hire C
ounty
Co
uncil
(Safer
Co
mmun
ities)
July
2008
Sept
2008
3Inv
estig
ate ho
w the
Alco
hol H
arm SM
B can
work
close
r with
the c
urren
t DAA
T str
uctur
es.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)TB
CTB
C
4Co
mplet
e the
1st d
raft o
f the L
incoln
shire
Alco
hol S
trateg
y and
cons
ult wi
th the
Alc
ohol
Harm
Redu
ction
SMB.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ap
ril 20
08Jan
2009
5Pu
blish
the fi
rst ve
rsion
of th
e Linc
olnsh
ire Al
coho
l Stra
tegy i
nclud
ing pa
rtner
versi
on an
d pub
lic ve
rsion
and s
ecure
appro
priate
sign
up.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Jan
2009
July
2009
6Un
derta
ke a
comp
rehen
sive c
onsu
ltatio
n, fol
lowing
the ‘
Drink
Deba
te’ co
ncep
t, wi
th tar
geted
strat
egic
partn
ers, g
enera
l part
ners-
includ
ing Cl
lrs, g
enera
l pub
lic
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ju
ly 20
09Ma
rch 20
10
7Fo
llowi
ng th
e con
sulta
tion r
evise
the a
lcoho
l strat
egy.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Jan
2010
April
2010
8De
velop
an ef
fectiv
e, MO
PI co
mplia
nt, co
untyw
ide In
forma
tion S
harin
g Prot
ocol
for sh
aring
perso
nal a
nd no
n-pers
onal
inform
ation
betw
een a
genc
ies
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Oc
t 200
8Ma
rch 20
09
Deliv
ery Pl
an in
Linc
olnsh
ire:
Deliv
ery Pl
an: L
incoln
shire
Alco
hol H
arm
Redu
ction
Strat
egy 2
009-
11
116
2829
Deliv
ery Pl
an: L
incoln
shire
Alco
hol H
arm
Redu
ction
Strat
egy 2
009-
11
Key t
asks
Respo
nsibi
lityTa
rget d
ates
Start
End
UNDE
RTAK
E AN A
LCOH
OL HA
RM RE
DUCT
ION N
EEDS
ASSE
SSME
NT
1Mo
del /
map t
he cu
rrent
and p
ossib
le fut
ure de
mand
of th
e Linc
olnsh
ire al
coho
l tre
atmen
t serv
ice.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Oc
t 200
8Oc
t 200
9
2Sp
lit NI
39 by
gend
er an
d age
to es
tablis
h how
the v
arian
ce be
twee
n num
ber
of ma
le an
d fem
ale ho
spita
l adm
ission
s and
diffe
rent a
ge gr
oups
affec
t the
‘all
perso
ns ta
rget’.
Linco
lnshir
e Pri
mary
Care
Trust
Oct 2
008
March
2009
3Be
nchm
ark Li
ncoln
shire
again
st “si
milar
/fami
ly ne
ighbo
urs” to
gain
some
sens
e of
impa
ct of
the pl
an.
Linco
lnshir
e Pri
mary
Care
Trust
Oct 2
008
March
2009
4De
velop
the c
ollec
tion o
f NI39
data
for Li
ncoln
shire
resid
ents
that a
ttend
hosp
itals
which
are o
utside
of th
e cou
nty.
Linco
lnshir
e Pri
mary
Care
Trust
Oct 2
008
March
2010
5Co
llecti
on an
d asse
ssmen
t of th
e app
ropria
te Ea
st Mi
dland
s Amb
ulanc
e Serv
ice
data
to me
et LP
SA ta
rget
Linco
lnshir
e Cou
nty
Coun
cil
(Safer
Oc
t 200
8Ap
ril 20
09
6As
sess
the Li
ncoln
shire
Adult
Alco
hol T
reatm
ent P
lan an
d add
appro
priate
ind
icator
s to t
he al
coho
l SMB
perfo
rman
ce m
anag
emen
t fram
ework
where
ap
propri
ate.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Oc
t 200
8No
v 200
8
7De
velop
a pe
rform
ance
man
agem
ent fr
amew
ork fo
r alco
hol h
arm re
ducti
on to
be
used
by th
e alco
hol S
MB by
pullin
g tog
ether
exist
ing na
tiona
l and
loca
l data
.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Oc
t 200
8Ma
rch 20
09
Key t
asks
Respo
nsibi
lityTa
rget d
ates
Start
End
POSI
TIVE
ATTI
TUDE
S, PO
SITI
VE CH
OICE
S
1Wo
rk wi
th the
Comm
unity
Safet
y Boa
rd to
deve
lop an
d imp
lemen
t a
comm
unica
tions
strat
egy f
or Re
duce
alco
hol h
arm an
d imp
rove c
ommu
nity
safet
y.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Oc
t 200
8Ma
rch 20
09
2Wo
rk wi
th loc
al su
perm
arkets
to de
velop
loca
l alco
hol a
waren
ess c
ampa
igns.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ju
ne 20
09Ap
ril 20
10
3Wo
rk wi
th the
loca
l alco
hol in
dustr
y to d
evelo
p info
rmati
on on
units
and h
ealth
ris
ks of
regu
lar dr
inking
to be
plac
ed in
loca
l lice
nsed
prem
ises.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ap
ril 20
10Ma
rch 20
11
4Wo
rk wi
th loc
al bre
wers
to se
e if th
ey wi
ll put
not o
nly st
rength
but n
umbe
r of
units
on ba
r pum
ps et
c.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ju
ne 20
09Ap
ril 20
10
Deliv
ery Pl
an: L
incoln
shire
Alco
hol H
arm
Redu
ction
Strat
egy 2
009-
11
5De
velop
and p
rogres
s the
alco
hol so
cial m
arketi
ng ca
mpaig
ns al
ready
unde
rtake
n in
Linco
lnshir
e i.e.
‘Feeli
ng Fu
nny’
& ‘Th
e Trut
h May
Hurt’.
Dev
elop n
ew ca
mpaig
ns
e.g. d
eman
ds on
publi
c serv
ices d
ue to
alco
hol in
Linc
olnsh
ire et
c.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Oc
t 200
8Ma
rch 20
10
6Ide
ntify
good
prac
tice i
n rela
tion t
o work
place
alco
hol p
olice
s, dev
elop a
temp
late
alcoh
ol po
licy a
nd ta
rget e
mploy
ers th
rough
out t
he co
unty
with
inform
ation
aro
und s
ensib
le dri
nking
leve
ls, le
gal is
sues
and t
reatm
ent s
ervice
s etc
Linco
lnshir
e Cou
nty
Coun
cil (He
althie
r Co
mmun
ities)
April
2009
March
2010
7
Provid
e alco
hol a
waren
ess t
rainin
g to f
rontlin
e staf
f raisi
ng aw
arene
ss of
alcoh
ol iss
ues s
uch a
s scre
ening
, brie
f adv
ice &
treatm
ent s
ervice
s. Inc
luding
agen
cies
such
as pr
obati
on, d
istric
t cou
ncils
, cou
nty co
uncil
, socia
l hou
sing p
rovide
rs,
polic
e etc.
Linco
lnshir
e Cou
nty
Coun
cil (He
althie
r Co
mmun
ities)
June
2008
March
2011
8Be
gin to
link a
lcoho
l mes
sage
s to o
ther lo
cal c
ampa
igns s
uch a
s the
teen
age
pregn
ancy
and h
ealth
y weig
ht ca
mpaig
ns
Linco
lnshir
e Cou
nty
Coun
cil (He
althie
r Co
mmun
ities)
April
2009
March
2011
Key t
asks
Respo
nsibi
lityTa
rget d
ates
Start
End
SUPP
ORTI
NG FA
MILIE
S & CO
MMUN
ITIE
S
1Re
view t
he le
vel o
f alco
hol h
arm ed
ucati
on pr
ovide
d in s
choo
ls. Lin
colns
hire C
ounty
Co
uncil
(Child
ren’s
Servi
ces)
Oct 2
008
June
2009
2Pro
duce
a DV
D for
use i
n Citiz
ensh
ip an
d PSH
E les
sons
in sc
hools
throu
ghou
t Lin
colns
hire.
Possi
ble in
volve
ment
of a l
ocal
youth
thea
tre gr
oup t
o writ
e and
de
velop
the p
roduc
tion.
Linco
lnshir
e Cou
nty
Coun
cil (Ch
ildren
’s Se
rvices
)De
c 200
8De
c 200
9
3
Revie
w and
deve
lop ap
propri
ate al
coho
l teac
hing i
nform
ation
reso
urces
that
can
be us
ed by
youth
servi
ces, P
RU’s,
child
ren’s h
omes
, con
nexio
ns, sc
hools
, 6th
form
colle
ges, Y
OS et
c. thr
ough
out t
he co
unty.
Train
appro
priate
staff
to de
liver
alcoh
ol foc
used
works
hops
to yo
ung p
eople
using
the r
esou
rces.
Linco
lnshir
e Cou
nty
Coun
cil (Ch
ildren
’s Se
rvices
)Oc
t 200
8Ju
ly 20
09
4
Ensu
re the
re are
clea
r prot
ocols
/ mult
i-age
ncy a
greem
ents
for th
e ide
ntific
ation
, as
sessm
ent a
nd re
ferral
pathw
ays f
or vu
lnerab
le ch
ildren
and y
oung
peop
le at
risk
from
their o
wn dr
inking
and t
hat t
hey a
re im
pleme
nted,
review
ed re
gular
ly an
d the
outco
mes a
cted u
pon.
Linco
lnshir
e Cou
nty
Coun
cil (Ch
ildren
’s Se
rvices
)No
v 200
8Ju
ly 20
09
5Pro
duce
a co
untyw
ide le
aflet/
book
let ai
med a
t pare
nts wh
ose c
hildre
n rec
eive a
n AS
B Una
ccep
table
Beha
viour
Warni
ng Le
tter (U
BWL)
relate
d to A
lcoho
l- deta
iling
effec
ts, co
nseq
uenc
es an
d how
their
child
ren ca
n get
advic
e and
acce
ss se
rvice
s.
Linco
lnshir
e Cou
nty
Coun
cil (Ch
ildren
’s Se
rvices
)De
c 200
8De
c 200
9
6Pil
ot a c
ounty
wide
paren
ting p
rogram
me th
at inc
ludes
spec
ific se
ssion
s on a
lcoho
l aw
arene
ss an
d guid
ance
.
Linco
lnshir
e Cou
nty
Coun
cil (Yo
uth
Offen
ding S
ervice
) Ju
ne 20
09Ma
rch 20
11
7De
velop
comp
rehen
sive g
uidan
ce an
d adv
ice to
paren
ts an
d care
rs In
Linco
lnshir
e on
youn
g peo
ple’s a
lcoho
l use
- usin
g the
draft
Chief
Med
ical O
fficer’
s guid
ance
as
a bas
is.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ju
ly 20
09Ma
rch 20
11
117
3031
Deliv
ery Pl
an: L
incoln
shire
Alco
hol H
arm
Redu
ction
Strat
egy 2
009-
11
8Fu
rther
deve
lop th
e prov
ision
of th
e spe
cialis
t Targ
eted P
reven
tion W
orker
post
withi
n Buz
zz pro
viding
supp
ort an
d adv
ocac
y serv
ices t
o the
child
ren of
alco
hol
misu
sing p
arents
– thi
s is li
nked
to th
e “Hid
den H
arm” a
gend
a.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ju
ly 20
09Ma
rch 20
11
9De
liver
traini
ng to
all re
levan
t fron
t line
staff
in Ch
ildren
’s Serv
ices o
n alco
hol
aware
ness,
iden
tifica
tion,
scree
ning a
nd ap
propri
ate re
ferral
proc
ess i
nto sp
ecial
ist
alcoh
ol an
d you
ng pe
rson’s
servi
ces.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ju
ly 20
09Ma
rch 20
11
10De
velop
and i
mplem
ent a
lcoho
l focu
ssed w
orksh
ops t
hroug
h the
Fairp
lay Fo
otball
sch
eme a
nd Ta
rgeted
Youth
Supp
ort.
Linco
lnshir
e Cou
nty
Coun
cil (Ch
ildren
’s Se
rvices
)Oc
t 200
8Ma
rch 20
10
11Pro
mote,
supp
ort an
d dev
elop n
ew an
d eme
rging
alco
hol fr
ee yo
uth ac
tivitie
s.Lin
colns
hire C
ounty
Co
uncil
(Child
ren’s
Servi
ces)
Nov 2
008
March
2011
12
Conti
nue t
o sup
port t
he us
e of tr
aditio
nal Te
st Pu
rchas
e (TP
) ope
ration
s bas
ed
on an
intel
ligen
ce le
d app
roach
. Map
the l
ocati
on of
opera
tions
, inclu
ding f
ailure
rat
es, to
iden
tify ga
ps in
servi
ce pr
ovisi
on an
d com
missi
on fu
rther
opera
tions
and
resou
rces w
here
and w
hen a
pprop
riate.
Linco
lnshir
e Cou
nty
Coun
cil (Tr
ading
Sta
ndard
s)Oc
t 200
8Se
pt 20
09
13Dr
aft, c
onsu
lt and
publi
sh a
Test P
urcha
se pr
otoco
l to en
sure
a con
sisten
t ap
proac
h to a
ll ope
ration
s acro
ss Lin
colns
hire.
Linco
lnshir
e Cou
nty
Coun
cil (Tr
ading
Sta
ndard
s)Oc
t 200
8Ma
rch 20
09
14As
sess
the ef
fectiv
enes
s and
uptak
e of a
ge ch
allen
ge sc
heme
s in o
perat
ion in
both
off-lic
ense
and o
n-lice
nse p
remise
s acro
ss the
coun
ty. De
velop
thes
e sch
emes
us
ing be
st pra
ctice
from
other
areas
in th
e cou
ntry (
e.g. C
ambri
dge).
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ap
ril 20
09Jan
2010
15Pil
ot an
initia
tive t
o coll
ect a
dditio
nal d
ata fro
m Ac
ciden
t & Em
ergen
cy
depa
rtmen
ts
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ap
ril 20
08Ma
rch 20
11
16Ev
aluate
the s
ucce
ss of
the ‘Li
ncoln
Best
Bar N
one’
volun
tary a
ccred
itatio
n sch
eme
and w
hethe
r this
could
be in
trodu
ced i
n any
othe
r area
s in L
incoln
shire
.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Oc
t 200
8Ma
rch 20
09
17Su
pport
the d
evelo
pmen
t of th
e exis
ting ‘
Best
Bar N
one’
schem
e in L
incoln
foc
using
on be
st pra
ctice
rese
arche
d from
othe
r sch
emes
opera
ting a
round
the
coun
try.
Linco
lnshir
e Poli
ceOc
t 200
8Ma
rch 20
09
18Pro
duce
a rep
ort as
sessi
ng ho
w a co
untyw
ide ‘B
est B
ar No
ne’ sc
heme
could
be
deve
loped
in th
e futu
re inc
luding
the a
dvan
tages
and d
isadv
antag
es of
this
appro
ach.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Oc
t 200
8Ma
rch 20
09
19
Identi
fy the
curre
nt up
take o
f acc
redite
d trai
ning b
y lice
nsed
prem
ises a
cross
Linco
lnshir
e e.g.
Britis
h Ins
titute
of In
nkee
ping (
BII) l
evel
1 trai
ning.
Enco
urage
a wi
der u
ptake
of tra
ining
and i
nves
tigate
meth
ods o
f incre
asing
traini
ng th
rough
ini
tiativ
es su
ch as
Best
Bar N
one.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ma
rch 20
09No
v 200
9
20
Deve
lop a
cons
isten
t cou
ntywi
de ap
proac
h to l
icens
ing an
d enfo
rceme
nt wh
ich
goes
beyo
nd tra
dition
al ap
proac
hes (
e.g. p
artne
rship
appro
ache
s to r
educ
ing sa
les
to ch
ildren
and y
oung
peop
le) an
d tak
es a
more
holis
tic ap
proac
h inv
olving
the
comm
unity
and p
artne
r orga
nisati
ons
Linco
lnshir
e Poli
ceTB
CTB
C
Deliv
ery Pl
an: L
incoln
shire
Alco
hol H
arm
Redu
ction
Strat
egy 2
009
21Co
ntinu
e to s
uppo
rt the
prog
ramme
of in
tellig
ence
led j
oint e
nforce
ment
activ
ity
on lic
ense
d prem
ises i
n Linc
olnsh
ire". S
hare
best
practi
ce an
d whe
re ap
propri
ate
deve
lop co
nsist
ency
in th
e deli
very
of the
prog
ramme
arou
nd th
e cou
nty
Linco
lnshir
e Cou
nty
Coun
cil (Tr
ading
Sta
ndard
s)TB
CTB
C
22Re
searc
h, de
sign a
nd de
velop
an ap
propri
ate m
ethod
to ra
ise aw
arene
ss an
d rei
nforce
S.14
1 of th
e Lice
nsing
Act-
that it
is an
offen
ce fo
r bus
inesse
s to s
ell
alcoh
ol to
peop
le wh
o are
alrea
dy dr
unk.
Linco
lnshir
e Poli
ceOc
t 200
8Se
pt 20
09
23Re
view p
olice
licen
sing s
ervice
prov
ision
acros
s all t
hree p
olicin
g divi
sions
to
ensu
re a c
onsis
tent a
pproa
ch of
deali
ng wi
th lic
ensin
g issu
es by
the P
olice
acros
s Lin
colns
hire.
Linco
lnshir
e Poli
ceOc
t 200
8Ma
rch 20
09
Key t
asks
Respo
nsibi
lityTa
rget d
ates
Start
End
IMPR
OVED
SUPP
ORT &
TREA
TMEN
T
1Tra
ining
for a
ll rele
vant
front
line s
taff in
Child
ren’s S
ervice
s on a
lcoho
l awa
renes
s in
identi
fying
paren
tal al
coho
l misu
se an
d app
ropria
te
sign-p
ostin
g.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Oc
t 200
8Ma
rch 20
11
2Re
cord
and m
onito
r high
-risk
dome
stic a
buse
case
s whe
re alc
ohol
is a f
actor
and
deve
lop lo
cal re
spon
ses a
s app
ropria
te
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Jan
2009
Nov 2
009
3Ra
ise aw
arene
ss an
d prom
ote th
e con
dition
al ca
ution
ing sc
heme
in Li
ncoln
shire
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Oc
t 200
8Ma
rch 20
10
4Inv
estig
ate ho
w the
uptak
e of p
eople
atten
ding t
he Re
habil
itatio
n Cou
rses f
or Dr
ink Dr
ivers
could
be in
creas
ed. A
lso re
searc
h how
the a
lcoho
l trea
tmen
t serv
ices
could
help
deve
lop th
ese c
ourse
s furt
her.
Linco
lnshir
e Roa
d Sa
fety P
artne
rship
Oct 2
008
Oct 2
009
5De
velop
and i
mplem
ent A
lcoho
l Trea
tmen
t Req
uirem
ents
as pa
rt of a
comm
unity
ord
er.
Natio
nal
Proba
tion S
ervice
- Lin
colns
hire
Oct 2
008
March
2009
6
Agree
an ac
tion p
lan fo
r add
ressin
g the
hous
ing ne
eds o
f prob
lemati
c alco
hol
users
(to in
clude
: data
requ
ireme
nts; a
waren
ess t
rainin
g for
hous
ing wo
rkers,
RSL’s
an
d priv
ate La
ndlor
ds; c
riteri
a for
priori
ty ho
using
; asse
ssing
need
for fl
oatin
g su
pport
and a
sserti
ve ou
treac
h)
Linco
lnshir
e Cou
nty
Coun
cil (Su
pport
ed
Hous
ing)
April
2009
April
2010
7Un
derta
ke a
valid
ation
chec
k of e
xistin
g path
ways
of th
e Hos
pital
Alcoh
ol Lia
ison
servi
ce to
infor
m fut
ure co
mmiss
ioning
inten
tions
. This
will i
nclud
e som
e proc
ess
mapp
ing.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ap
ril 20
09Se
pt 20
09
8Co
mmen
ce wo
rk on
deve
loping
a sp
ecific
alco
hol tr
eatm
ent o
utcom
e too
l.Lin
colns
hire C
ounty
Co
uncil
(Safer
Co
mmun
ities)
July
2009
March
2011
9Co
ntinu
e to m
onito
r the k
ey pe
rform
ance
indic
ators
relati
ng to
the n
ewly
comm
ission
ed de
tache
d alco
hol o
pen a
cces
s serv
ice.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ap
ril 20
09Ma
rch 20
11
118
3233
Deliv
ery Pl
an: L
incoln
shire
Alco
hol H
arm
Redu
ction
Strat
egy 2
009-
11
10Co
ntinu
e to m
onito
r the H
ome O
ffice f
unde
d You
ng Pe
rson A
lcoho
l Arre
st Re
ferral
sch
eme p
ilot in
Linc
olnsh
ire.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ap
ril 20
09Ma
rch 20
10
11En
sure
that p
resen
t and
futur
e serv
ice de
livery
of sp
ecial
ist al
coho
l trea
tmen
t se
rvice
s hav
e bee
n com
missi
oned
and d
esign
ed in
cons
ultati
on wi
th se
rvice
users
.
Linco
lnshir
e Cou
nty
Coun
cil (Sa
fer
Comm
unitie
s)Ju
ne 20
09Ma
rch 20
11
12
Deve
lop in
itiativ
es to
redu
ce vu
lnerab
ility o
f fire
throu
gh al
coho
l misu
se in
cludin
g: int
ellige
nce m
anag
emen
t, plan
ning,
inform
ation
camp
aigns
and h
arm re
ducti
on
initia
tives
. The
se ac
tivitie
s will
be re
viewe
d at re
gular
inter
vals a
nd th
e outc
omes
ac
ted up
on.
Linco
lnshir
e Cou
nty
Coun
cil (Fi
re &
Rescu
e)De
c 200
8Ma
rch 20
11
Deliv
ery Pl
an: L
incoln
shire
Alco
hol H
arm
Redu
ction
Strat
egy 2
009-
11
Perfo
rman
ce In
dicato
rs an
d targ
ets to
asse
ss ou
r prog
ress
Indica
torBa
selin
eTa
rgets
Lead
partn
erOt
her p
artne
rs (*
indica
tes a
statut
ory
partn
er)Va
lueDa
te08
/0909
/1010
/11
LAA:
NI 03
9 Rate
of Ho
spita
l Adm
ission
s pe
r 100
,000 f
or Alc
ohol
Relat
ed Ha
rm
-Linc
olnsh
ire1,2
0520
06/07
1,265
1,258
1,250
Prima
ry Ca
re Tru
st (PC
T) (To
ny
McGin
ty)
Coun
ty Co
uncil
* /Dis
trict
Coun
cils*
/Lin
colns
hire P
olice
*/DA
AT/ P
robati
on*
Proxy
Mea
sures
DASR
- Linc
olnsh
ireTB
CTB
CTB
CTB
CTB
CPC
TAs
Abov
e
DASR
– Bo
ston
TBC
TBC
TBC
TBC
TBC
PCT
As Ab
ove
DASR
- Ea
st Lin
dsey
TBC
TBC
TBC
TBC
TBC
PCT
As Ab
ove
DASR
- Lin
coln
TBC
TBC
TBC
TBC
TBC
PCT
As Ab
ove
DASR
- No
rth Ke
steve
nTB
CTB
CTB
CTB
CTB
CPC
TAs
Abov
e
DASR
- So
uth Ho
lland
TBC
TBC
TBC
TBC
TBC
PCT
As Ab
ove
DASR
- So
uth Ke
steve
nTB
CTB
CTB
CTB
CTB
CPC
TAs
Abov
e
DASR
– W
est L
indse
yTB
CTB
CTB
CTB
CTB
CPC
TAs
Abov
e
NI 41
Perce
ption
s of d
runk o
r rowd
y be
havio
ur as
a pro
blem.
TBC
From
Place
NA
NATB
CTB
C
NI11
5 Sub
stanc
e Misu
se by
Youn
g Peo
pleTB
C Tel
lus 3
Surve
yTB
CTB
CTB
CTB
C
To re
duce
the %
of vi
olenc
e aga
inst t
he
perso
n offe
nces
that
are al
coho
l relat
ed35
.8%20
07/08
TBC
TBC
TBC
Linco
lnshir
e Po
lice
As ab
ove
Increa
se the
% ta
ke up
of pe
ople a
ttend
ing
the Dr
ink Dr
ive Re
habil
itatio
n Cou
rse.
44%
2007
46%
50%
53%
Linco
lnshir
e Ro
ad Sa
fety
As ab
ove
Total
numb
ers sc
reene
d, as
sesse
d and
tri
aged
by Ad
dacti
on at
a Tie
r 2 le
vel
700
2007
/0870
090
0TB
CDA
ATAs
abov
e
Total
numb
ers re
ferred
to Ti
er3/LP
FT by
qu
alifyi
ng via
Audit
score
375
2008
/0937
550
0TB
CDA
AT
Total
numb
ers in
alco
hol c
ommu
nity
treatm
ent a
t a Ti
er 3 l
evel
375
2008
/0937
560
0TB
CDA
AT
Waitin
g tim
es to
be se
en by
Tier3
/LPFT
se
rvice
6 wee
ks20
08/09
6 wee
ks6 w
eeks
6 wee
ksDA
AT
Total
numb
ers of
new r
eferra
l to Ho
spita
l alc
ohol
liaiso
n nurs
es50
020
09/10
n/a50
0TB
CDA
AT
Redu
ce th
e tes
t purc
hase
failu
re rat
e 25
%20
08/09
25%
20%
15%
Tradin
g Sta
ndard
s
Othe
r part
ners
Linco
lnshir
e Part
nersh
ip Fo
unda
tion T
rust /
Adda
ction
/ Unit
ed Li
ncoln
shire
Hosp
itals T
rust /
East
Midla
nds A
mbula
nce S
ervice
/ You
th Of
fendin
g Serv
ice / L
incoln
shire
Fire
& Re
scue,
3rd se
ctor o
rganis
ation
s inc
luding
but n
ot ex
clusiv
ely: O
asis,
Alco
holic
s Ano
nymo
us,
Priva
te se
ctor o
rganis
ation
s
119
3435
Alcoh
ol-Re
lated
Harm
in Li
ncoln
shire
: Linc
olnsh
ire Al
coho
l Har
m Re
ducti
on St
rateg
y 200
9-11
Alcoh
ol-Re
lated
Harm
in Li
ncoln
shire
: Linc
olnsh
ire Al
coho
l Har
m Re
ducti
on St
rateg
y 200
9-11
1 Alcoh
ol-rel
ated i
ncide
nts ca
n inc
lude i
ncide
nts wh
ere th
e vict
im,
offen
der o
r both
has b
een d
rinkin
g; wh
ere an
incid
ent t
ook p
lace i
n or
aroun
d lice
nsed
prem
ises; o
r eve
n inc
idents
where
the p
artici
pants
sm
elt of
alco
hol.
2 Cabin
et Of
fice,
Alcoh
ol Ha
rm Re
ducti
on Pr
oject:
Inter
im An
alytic
al Re
port,
Septe
mber
2003
, p 65
Statis
tics a
lways
apply
to so
meon
e else
. So w
hat if
we
get d
runk o
ccas
ionall
y? W
e’re s
ensib
le. W
e’re n
ot go
ing to
drink
and d
rive.
We do
n’t ab
use o
ur pa
rtner
when
we’re
drun
k. An
d if w
e fall
over
and g
et hu
rt, its
ba
d luc
k, no
t alco
hol.
Okay
, so he
re are
the s
tatist
ics. A
ccordi
ng to
the W
orld
Healt
h Orga
nisati
on, a
lcoho
l is ra
nked
just
bene
ath
tobac
co in
term
s of h
arm. In
the U
nited
King
dom
we
estim
ate th
at alc
ohol
harm
costs
£20 b
illion
a ye
ar. It
costs
the p
ublic
healt
h sec
tor £1
.6 bil
lion.
It cost
s in
crime
and r
elated
costs
£12 b
illion
. And
here’
s the
kick
er.
It cost
s in lo
st pro
ducti
vity a
bout
£6 bi
llion a
year.
Take t
hat la
st nu
mber
alone
. It’s n
ot the
bigg
est co
st bu
t it’s
the m
ost in
visibl
e. It’s
the co
st of
not tu
rning
up fo
r wo
rk be
caus
e you
’re hu
ng-ov
er or,
worse
, turni
ng up
for
work
with a
hang
over.
Yes, a
nd a
heap
of us
know
how
much
we ac
hieve,
or do
n’t, w
hen w
e do i
t.
When
we se
e num
bers
this b
ig the
y hav
e a sc
ale bu
t the
y don
’t hav
e a m
eanin
g.
If this
is wh
at ge
tting
drun
k mea
ns to
the c
ountr
y, wh
at do
es it
mean
to us
?
It me
ans h
aving
a ha
ngov
er an
d fee
ling l
ike he
ll and
mi
ssing
a da
y’s wo
rk. It
mea
ns do
ing re
ally s
tupid
thing
s, som
etime
s crin
gingly
, emb
arras
singly
stup
id,
and k
nowi
ng th
at ev
en if
you c
an’t r
emem
ber th
em,
other
peop
le ca
n.
It mea
ns lo
ud wo
rds an
d lou
d opin
ions. I
t mea
ns
argum
ents
and s
lamme
d doo
rs an
d brok
en m
arriag
es. It
mean
s wait
ing in
the c
orrido
r of A
& E t
o have
your
fist
X-ray
ed an
d havi
ng to
expla
in to
the do
ctor y
ou di
d it
fighti
ng in
the s
treet
and,
yes, y
ou ha
d bee
n drin
king.
It me
ans t
hat th
is is w
here
our c
hildre
n lea
rn to
drink
the
way t
hat w
e hate
them
drink
ing. Ju
st lik
e us.
Alco
hol R
elated
Harm
in Li
ncoln
shire
120
3637
Publi
c Serv
ice Ag
reeme
nts,
Loca
l Area
Agree
ment
s and
Na
tiona
l Ind
icato
rsTh
e 200
7 Com
prehe
nsive
Spen
ding
Revie
w set
the ke
y prio
rity o
utcom
es
the Go
vernm
ent w
ants
to ac
hieve
in th
e ne
xt sp
endin
g peri
od (2
008-2
011).
The
outco
mes, e
xpres
sed a
s Pub
lic Se
rvice
Ag
reeme
nts (P
SAs),
inclu
de fo
r the fi
rst
time a
PSA o
n alco
hol.
PSA 2
5 aim
s to r
educ
e the
harm
caus
ed by
alc
ohol
(and d
rugs)
to:
the co
mmun
ity as
a res
ult of
asso
ciated
■
crime
, diso
rder a
nd an
ti-so
cial b
ehav
iour
the he
alth a
nd we
ll-bein
g of th
ose w
ho
■
(use d
rugs o
r) drin
k harm
fully
the de
velop
ment
and w
ell-be
ing of
■
youn
g peo
ple an
d fam
ilies
The m
ost im
porta
nt loc
al de
livery
me
chan
ism fo
r PSA
s is t
he Lo
cal A
rea
Agree
ment
(LAA).
A loc
al are
a agre
emen
t (LAA
) is a
three
-year
agree
ment
betw
een a
loca
l area
and c
entra
l go
vernm
ent. T
he LA
A des
cribe
s ‘the
story
of
place
’ or h
ow lo
cal p
riorit
ies wi
ll be m
et by
de
liveri
ng lo
cal so
lution
s. I
The L
AA is
nego
tiated
betw
een t
he lo
cal
strate
gic pa
rtners
hip, th
e Linc
olnsh
ire
Asse
mbly
and t
he re
giona
l Gov
ernme
nt Of
fice (
GO). T
he Li
ncoln
shire
Asse
mbly
cons
ists o
f all t
he ke
y play
ers in
Lin
colns
hire w
ho de
liver
servi
ces.
From
April
2008
, a ne
w Nati
onal
Indica
tor
Set o
f 198
indic
ators,
repla
ced a
ll exis
ting
local
autho
rity i
ndica
tors s
uch a
s the
Be
st Va
lue Pe
rform
ance
and P
erform
ance
As
sessm
ent F
ramew
ork In
dicato
rs.
LAAs
could
inclu
de a
maxim
um of
35
impro
veme
nt tar
gets
drawn
from
this
indica
tor se
t, in a
dditio
n to s
ome s
tatuto
ry ed
ucati
on an
d earl
y yea
rs tar
gets.
Unde
r the
Comp
rehen
sive A
rea As
sessm
ent (a
ne
w, sin
gle an
d coo
rdina
ted pe
rform
ance
fra
mewo
rk), lo
cal a
uthori
ties w
ill be
requ
ired
to mo
nitor
all 19
8 ind
icator
s, whe
ther o
r not
they a
re inc
luded
in th
e LAA
.
The n
ew in
dicato
rs ha
ve st
rength
ened
the
incen
tives
for c
loser
partn
ership
worki
ng
to de
liver
joine
d-up o
utcom
es be
caus
e the
y app
ly (w
here
relev
ant) t
o othe
r loca
l pa
rtners
- suc
h as P
rimary
Care
Trusts
and
the po
lice.
The N
ation
al Ind
icator
(NI) S
et inc
ludes
three
spec
ific in
dicato
rs for
alco
hol-r
elated
harm
: Alc
ohol-
harm
relat
ed ho
spita
l adm
ission
■
rates
(NI 3
9) Pe
rcepti
ons o
f drun
k or ro
wdy b
ehav
iour
■
as a
proble
m (N
I 41)
Subst
ance
misu
se by
youn
g peo
ple (N
I 115
)
■ Howe
ver a
lcoho
l link
s to o
ver 4
0 othe
r na
tiona
l indic
ators
(see A
ppen
dix 1)
Inform
ation
and D
ata on
the h
arm ca
used
by
alco
hol in
Linc
olnsh
ire.
Natio
nal In
dicato
r 39:
Rate
of Ho
spita
l Adm
ission
s pe
r 100
,000 f
or alc
ohol
relate
d harm
Natio
nal In
dicato
r 39 i
s the
only
desig
nated
targe
t inclu
ded w
ithin
the 20
08-20
11 Li
ncoln
shire
Loca
l Area
Agree
ment
that s
pecifi
cally
foc
uses
on al
coho
l . NI
39 pr
ovide
s loca
l mea
sures
of th
e rate
of
hosp
ital a
dmiss
ions f
or alc
ohol-
relate
d harm
for e
very
100,0
00
memb
ers of
the p
opula
tion.
They
are d
erive
d from
the H
ospit
al Ep
isode
Stati
stics
(HES)
and c
over
the pe
riod 2
002/0
3 to 2
008/0
9. HE
S are
cons
idered
to be
sens
itive t
o the
impa
ct of
preve
ntion
int
erven
tions
– i.e
. whe
n prev
entio
n inte
rventi
ons a
re im
prove
d, ho
spita
l adm
ission
s for
spec
ific ch
ronic
and a
cute
cond
itions
sh
ould
slow i
n the
short
, med
ium an
d lon
g term
.
Figure
1 bre
aks d
own t
he ra
tes of
Hosp
ital A
dmiss
ions p
er 10
0,000
du
e to a
lcoho
l in Li
ncoln
shire
from
2002
up un
til 20
08 by
coun
ty an
d dist
ricts.
Admi
ssion
rates
to ho
spita
l due
to al
coho
l are
clearl
y ris
ing du
ring t
his pe
riod.
Figure
2 illu
strate
s the
actua
l rates
of al
coho
l relat
ed ho
spita
l ad
missi
ons i
n Linc
olnsh
ire bu
t also
inclu
des t
he pr
ojecte
d rate
s ba
sed o
n a lin
ear tr
end u
p unti
l 201
1. Th
e acti
ons c
ontai
ned w
ithin
this s
trateg
y will
aim to
sign
ifican
tly re
duce
this
upwa
rds tre
nd in
Lin
colns
hire
Figure
1
Figure
2
Alcoh
ol-Re
lated
Harm
in Li
ncoln
shire
: Linc
olnsh
ire Al
coho
l Har
m Re
ducti
on St
rateg
y 200
9-11
Alcoh
ol-Re
lated
Harm
in Li
ncoln
shire
: Linc
olnsh
ire Al
coho
l Har
m Re
ducti
on St
rateg
y 200
9-11
NI 3
9- T
he R
ate
of A
lcoh
ol R
elat
ed H
ospi
tal A
dmis
sion
s in
Lin
coln
shire
200
2-20
08
800
900
1000
1100
1200
1300
1400
1500
1600
1700
2002
/03
2003
/04
2004
/0520
05/06
2006
/0720
07/0
8
Year
Rate
of alc
ohol
relate
d hos
ital a
dmiss
ions p
er 10
0,000
popu
lation
Bosto
nEa
st Li
ndse
y Lin
coln
North
Keste
ven
South
Holl
and
South
Kest
even
Wes
t Lind
sey
Linco
lnshir
eEa
st Mi
dlan
ds
Actu
al a
nd P
roje
cted
rate
of a
lcoh
ol re
late
d ho
spita
l ad
mis
sion
s in
Lin
coln
shire
200
2-20
11
700
800
900
1000
1100
1200
1300
1400
02/0
303
/04
04/0
505
/06
06/0
707
/08
08/0
909
/10
10/1
1
Year
Rate
of ad
missi
ons p
er 10
0,000
popu
lation
121
3839
Figure
3 sp
lits do
wn th
e alco
hol re
lated
hosp
ital a
dmiss
ions i
n Lin
colns
hire i
n 200
6/07 b
y age
grou
p. Th
is cle
arly s
hows
that
admi
ssion
s due
to al
coho
l are
more
frequ
ent o
ver 5
0 yea
rs of
age.
This
would
indic
ate th
at the
se ad
missi
ons a
re du
e to l
ong t
erm
healt
h prob
lems.
Figure
4 sp
lits do
wn th
e alco
hol re
lated
hosp
ital a
dmiss
ions i
n Lin
colns
hire i
n 200
6/07 b
y the
diffe
rence
in ge
nder.
65%
of all
the
admi
ssion
s in t
his ye
ar are
male
s and
only
35%
are fe
males
.
Figure
5 sh
ows t
he nu
mber
of cla
iman
ts (pe
r 100
,000 p
opula
tion)
of inc
apac
ity be
nefit
in Lin
colns
hire i
n 200
7 whe
re alc
ohol
is the
ma
in rea
son.
Linco
ln ha
s the
high
est ra
te in
the co
unty
with
a rate
of
157.7
per 1
00,00
0 pop
ulatio
n whil
st No
rth Ke
steve
n has
only
a qu
arter
of the
Linc
olnsh
ire av
erage
.
Figure
3
Figure
4
Figure
5
The H
ome S
ecret
ary ha
s stat
ed th
at alc
ohol
is a f
actor
in ov
er 30
% of
city c
entre
arres
ts. Ce
ntral
to the
prob
lem of
good
data
colle
ction
an
d ana
lysis
is the
issu
e of d
efinit
ion. T
he te
rm ‘a
lcoho
l relat
ed’
can b
e con
tested
which
mak
es go
od da
ta co
llecti
on di
fficult
. Fo
r exa
mple
Polic
e rec
orded
crim
e data
uses
a ‘fla
g’ to
note
if an
incid
ent is
alco
hol re
lated
but m
ay al
so us
e a ‘fr
ee te
xt’ fie
ld.
Both
these
meth
ods a
re us
ually
unde
rused
and o
ften r
egard
ed as
un
reliab
le for
seve
ral re
ason
s:
•com
pletin
gthe
alco
holfl
agis
notm
anda
tory
■
•inv
olvem
ento
falco
holm
ayno
tbeo
bviou
s
■
•lac
kofa
nobje
ctive
mea
sure
ofwh
ether
anof
fende
r
■
has c
onsu
med a
lcoho
l, nor
of the
effec
ts of
alcoh
ol on
the
offen
ce if
it had
been
cons
umed
Howe
ver d
espit
e the
se di
sadv
antag
es cu
rrentl
y the
re are
few
other
datas
ets to
use.
There
fore F
igure
5 doe
s use
this
record
ed
crime
data
and s
plits
the ra
te of
alcoh
ol rel
ated c
rime p
er 10
0,000
po
pulat
ion in
2007
/08 by
distr
ict ar
ea. F
rom th
is Lin
coln
City h
as
over
doub
le the
amou
nt of
alcoh
ol rel
ated c
rime w
hen c
ompa
red to
the
Linc
olnsh
ire av
erage
.
In the
mos
t rece
nt Bri
tish C
rime S
urvey
, 45%
of al
l vict
ims o
f vio
lence
descr
ibed t
heir a
ssaila
nt as
being
unde
r the i
nflue
nce o
f alc
ohol
at the
time.
The h
otspo
t cha
rt in F
igure
6 sho
ws al
coho
l relat
ed vi
olenc
e aga
inst
the pe
rson o
ffenc
es in
Linc
olnsh
ire in
2007
/08, a
s a co
mpari
son
betw
een d
ay of
the w
eek a
nd th
e hou
r of th
e day
that
the of
fence
wa
s com
mitte
d. Th
e cha
rt clea
rly ill
ustra
tes th
at the
peak
s in
offen
ces a
re oc
curri
ng la
te on
Frida
y & Sa
turda
y nigh
ts.
Figure
6
Figure
7
Alcoh
ol-Re
lated
Harm
in Li
ncoln
shire
: Linc
olnsh
ire Al
coho
l Har
m Re
ducti
on St
rateg
y 200
9-11
Alcoh
ol-Re
lated
Harm
in Li
ncoln
shire
: Linc
olnsh
ire Al
coho
l Har
m Re
ducti
on St
rateg
y 200
9-11
1 Alcoh
ol-rel
ated i
ncide
nts ca
n inc
lude i
ncide
nts wh
ere th
e vict
im,
offen
der o
r both
has b
een d
rinkin
g; wh
ere an
incid
ent t
ook p
lace i
n or
aroun
d lice
nsed
prem
ises; o
r eve
n inc
idents
where
the p
artici
pants
sm
elt of
alco
hol.
Alco
hol R
elat
ed H
ospi
tal A
dmis
sion
s in
Lin
coln
shire
from
200
6-20
07
split
by
gend
er
65%
35%
MA
LE
S
FE
MA
LE
S
Clai
man
ts o
f Inc
apac
ity B
enef
it w
here
alc
ohol
is th
e m
ain
reas
on in
Lin
coln
shire
in 2
007
020
4060
8010
012
014
016
018
0
East
Mid
land
s A
vera
ge
Engl
and
Ave
rage
Linc
olns
hire
Linc
oln
East
Lin
dsey
Bost
on
Sout
h Ho
lland
Wes
t Lin
dsey
Sout
h Ke
stev
en
North
Kes
teve
n
Rate
of c
laim
ants
per
100
,000
pop
ulat
ion
% o
f Alc
ohol
Rel
ated
Hos
pita
l Adm
issi
ons
by a
ge g
roup
in L
inco
lnsh
ire 2
006/
07
0%5%10%
15%
20%
25%
16-1
920
-29
30-3
940
-49
50-5
960
-69
70-7
980
+A
ge
% o
f alco
hol r
elate
d ho
spita
l adm
ission
s
The
rate
s of
alc
ohol
rela
ted
crim
e in
Lin
coln
shire
from
200
7-20
08
0
200
400
600
800
1000
1200
1400
1600
1800
Linco
lnBo
ston
East
Linds
eySo
uth
Holla
ndSo
uth
Keste
venWes
t Lind
sey No
rth K
este
venLin
colns
hire
Rate
of a
lcoho
l rela
ted
crim
e oe
r 100
,000
pop
ulatio
n
Al
coho
l Rela
ted
Viole
nce
again
st th
e pe
rson
offe
nces
in L
incoln
shire
200
7/08
– a
co
mpa
rison
of d
ay o
f the
wee
k aga
inst
time
of th
e da
y.
Hour
of th
e day
Day of the Week
222
230
13
45
621
1718
1920
1612
1314
1511
78
910
M T W T F S S
122
4041
Figure
8-Ea
st Mi
dland
s Drin
k Deb
ate
Linco
lnshir
eDe
rbysh
ireNo
ttingh
amsh
ireLei
cester
shire
Numb
er of
Resp
onde
nts10
0452
818
3899
3
Numb
er of
Resp
onde
nts pe
r 100
,000 p
opula
tion
215.1
99.1
337.7
222.5
Alcoh
ol Co
nsum
ption
- Sen
sible
Drink
ing85
2 (86
.8%)
436 (
85.2)
1542
(85.9
)85
9 (88
.7)
Alcoh
ol Co
nsum
ption
- Haz
ardou
s / Ha
rmful
/ De
pend
ent d
rinkin
g13
0 (13
.2%)
76 (1
4.8)
253 (
14.1)
109 (
11.3)
Defin
itions
: Sen
sible
drink
ing m
ales <
= 20 u
nits, f
emale
s <=1
5 unit
s; Haz
ardou
s/harm
ful/de
pend
ent d
rinkin
g 21+
units
male
s, 16+
units
fema
les
The D
rink D
ebate
—it’s
your
shou
t! was
laun
ched
to gi
ve pe
ople
of the
regio
n a ch
ance
to ha
ve th
eir sa
y abo
ut ho
w to a
ddres
s the
pro
blems
caus
ed by
exce
ssive
drink
ing. T
he su
rvey,
which
ran u
ntil
the en
d of 2
007,
aske
d the
peop
le of
East
Midla
nds t
o con
sider
which
of th
e ide
as th
ey wo
uld su
pport
to re
duce
the h
arm fro
m ex
cessi
ve dr
inking
. Figu
re 7 s
hows
that
over
1000
peop
le en
tered
the
surve
y in L
incoln
shire
. Ove
r 85%
of th
ese p
eople
were
drink
ing
at se
nsibl
e lev
els wh
ilst n
early
15 %
were
drink
ing at
eithe
r ha
zardo
us, h
armful
or de
pend
ant le
vels
Resp
onda
nts we
re giv
en a
list o
f 22 s
tatem
ents
and w
ere as
ked
to tic
k all t
hat t
hey w
ould
supp
ort. T
here
was a
wide
varia
tion
in the
supp
ort fo
r eac
h item
, with
the h
ighes
t prop
ortion
of
peop
le in
Linco
lnshir
e (ov
er 75
%) su
pport
ing th
e stat
emen
t tha
t “bu
sines
ses w
ho se
ll alco
hol to
unde
rage y
oung
peop
le sh
ould
be he
avily
pena
lised
. The
22 ite
ms we
re gro
uped
into
six br
oad
categ
ories
- see
Figu
re 8.
Gene
rally,
items
relat
ed to
aware
ness
raisin
g had
the h
ighes
t sup
port a
nd ite
ms re
lating
to ac
cess,
price
an
d adv
ertisi
ng we
re les
s sup
porte
d. Su
pport
for it
ems r
elatin
g to
indus
try st
anda
rds wa
s vari
ed, ra
nging
from
over
75 %
supp
ort
for “B
usine
sses w
ho se
ll alco
hol to
unde
rage y
oung
peop
le sh
ould
be he
avily
pena
lised
” to on
ly 31
% su
pport
for “S
pecia
l offe
rs an
d dis
coun
ts on
alco
hol (e
.g. Ha
ppy H
ours
and 2
for 1
) sho
uld be
ba
nned
”.
Alcoh
ol-Re
lated
Harm
in Li
ncoln
shire
: Linc
olnsh
ire Al
coho
l Har
m Re
ducti
on St
rateg
y 200
9-11
Alcoh
ol-Re
lated
Harm
in Li
ncoln
shire
: Linc
olnsh
ire Al
coho
l Har
m Re
ducti
on St
rateg
y 200
9-11
Figure
9 sh
ows t
he re
sults
of th
e tes
t purc
hasin
g prog
ramme
in
Linco
lnshir
e from
01.04
.08 to
31.03
.09. C
learly
from
this d
ata
the So
uth Di
vision
(Sou
th Ho
lland
and S
outh
Keste
ven)
have
a sig
nifica
ntly w
orse t
est p
urcha
se fa
ilure
rate t
han o
ther a
reas o
f the
coun
ty.
Figure
10 sh
ows t
he to
tal nu
mber
of tes
t purc
hase
s in L
incoln
shire
in
2008
-2009
. This
show
s tha
t cou
ntywi
de th
ere is
a 25
% tes
t pu
rchas
e fail
ure ra
te
Figure
s 11 a
nd 12
show
the t
otal n
umbe
r of te
st pu
rchas
es in
Lin
colns
hire i
n 200
8-200
9 brok
en do
wn by
on-lic
ense
and o
ff-lic
ense
. The
se sh
ow th
at off
- lice
nses
have
a sig
nifica
ntly b
etter
test
purch
ase f
ailure
rate
than o
n-lice
nsed
prem
ises.
Figure
9
Figure
10
Polic
ing
Divisi
on
Numb
er of
Test P
urcha
se
Attem
pts
Numb
er of
Sales
% sa
les fro
m att
empts
East
597
11.8
West
116
2925
.0
South
4219
45.2
Figure
11
Figure
12
Figure
13
Supp
ort f
or id
eas
in L
inco
lnsh
ire a
bout
redu
cing
har
ms
from
exc
ess
drin
king
(ave
rage
with
in b
road
cat
egor
ies)
0102030405060
Awar
enes
sra
ising
Lega
l/Enf
orce
men
t Indu
stry S
tand
ardsAd
verti
sing
Acce
ssPr
ice
Avera
ge su
ppor
t %
ALCO
HOL
TEST
PUR
CHAS
ES IN
LIN
COLN
SHIR
E 20
08-2
009
(ON
& OF
F LI
CENC
E)21
7 AT
TEM
PTS
162
55
REFU
SALS
SALE
S
ALCO
HOL
TEST
PUR
CHAS
ES IN
LIN
COLN
SHIR
E 20
08-2
009
(ON
LICE
NCE)
42 A
TTEM
PTS
2220
REFU
SALS
SALE
S
ALCO
HOL
TEST
PUR
CHAS
ES IN
LIN
COLN
SHIR
E 20
08-2
009
(OFF
LIC
ENCE
)17
5 AT
TEM
PTS
140
35
REFU
SALS
SALE
S
123
4243
Alcoh
ol-Re
lated
Harm
in Li
ncoln
shire
: Linc
olnsh
ire Al
coho
l Har
m Re
ducti
on St
rateg
y 200
9-11
Alcoh
ol-Re
lated
Harm
in Li
ncoln
shire
: Linc
olnsh
ire Al
coho
l Har
m Re
ducti
on St
rateg
y 200
9-11
Figure
14 sh
ows t
he lo
catio
n of a
ll alco
hol re
lated
road
traffic
co
llision
s in L
incoln
shire
in 20
07. S
outh
Holla
nd ha
s the
high
est
numb
er of
collis
ions i
n Linc
olnsh
ire fo
llowe
d by B
oston
and W
est
Linds
ey. L
incoln
City
has t
he fe
west
alcoh
ol rel
ated c
ollsio
ns.
The t
able
in Fig
ure 15
demo
nstra
tes th
e work
unde
rtake
n by
partn
ers, sp
ecific
ally L
incoln
shire
Polic
e, to
reduc
e the
harm
caus
ed
by dr
ink dr
iving
. The
table
illus
trates
that
whils
t the
numb
er of
breath
tests
unde
rtake
n has
incre
ased
the f
ailure
rate
has b
een
reduc
ing. T
his cl
early
demo
nstra
tes a
meas
urable
succ
ess i
n red
ucing
the n
umbe
r of p
eople
on th
e Linc
olnsh
ire ro
ads w
ho ar
e dri
nk dr
iving
.
Figure
16 sh
ows t
he nu
mber
of pe
ople
referr
ed to
the d
rink d
rive
rehab
ilitati
on in
Linc
olnsh
ire fro
m 20
05 to
2008
. 200
8 saw
a sli
ght
increa
se in
the %
of pe
ople
comp
leting
the c
ourse
Figure
14
Figure
15
Year
Total
numb
er of
Breath
Tests
Total
numb
er of
Posit
ive Br
eath
Tests
Failu
re Ra
te %
2005
2412
143
5.9
2006
2470
141
5.7
2007
4641
129
2.8
2008
3235
120
3.7
Figure
16
Year
No. p
eople
refer
red
to dri
nk dr
ive
rehab
ilitati
on
cours
e from
court
s in
Linco
lnshir
e
Numb
er pe
ople
comp
leting
the
cours
e
% Pe
ople
Comp
leted
2005
658
295
45%
2006
694
242
35%
2007
655
287
44%
2008
625
301
48%
Figure
17
Figure
17 sh
ows t
he re
sults
of th
e 200
7/08 T
ellUs
3 su
rvey i
n Lin
colns
hire c
ompa
red to
the n
ation
al av
erage
. The
TellU
s3 su
rvey
was a
surve
y of c
hildre
n and
youn
g peo
ple ac
ross E
nglan
d, as
king
their v
iews a
bout
their l
ocal
area,
and i
nclud
ing qu
estio
ns co
verin
g the
five E
very
Child
Matt
ers ou
tcome
s. The
surve
v was
carri
ed ou
t in
Sprin
g 200
8. A s
ample
of sc
hools
was s
electe
d with
in Lin
colns
hire,
repres
entin
g the
diffe
rent t
ypes
of sc
hools
. Figu
re 17
show
s tha
t the
perce
ntage
of ch
ildren
and y
oung
peop
le wh
o hav
e bee
n drun
k thr
ee or
more
times
in th
e las
t four
week
s in L
incoln
shire
is sli
ghtly
hig
her th
an na
tiona
l ave
rage.
Howe
ver th
e num
ber o
f you
ngste
rs wh
o hav
e nev
er be
en dr
unk i
s also
sligh
tly hi
gher
than t
he na
tiona
l av
erage
. The
resu
lts of
the T
ellUs
3 surv
ey wi
ll help
infor
m Na
tiona
l Ind
icator
115-
Subs
tance
Misu
se by
Youn
g Peo
ple.
Scho
ol Ex
clusio
nsAn
analy
sis wa
s und
ertak
en of
5452
exclu
sions
from
schoo
ls in
Linco
lnshir
e betw
een 3
rd Ap
ril 20
06 an
d 18th
July
2007
. The
fol
lowing
is th
e find
ings f
rom th
is an
alysis
.
There
were
193 e
xclus
ions f
rom sc
hools
in Li
ncoln
shire
in th
is
■
perio
d due
to dr
ugs o
r alco
hol.
This
acco
unted
for 3
.5% of
all
exclu
sions
from
Linco
lnshir
e sch
ools.
It is
not p
ossib
le to
break
the
se fig
ures d
own b
y drug
or al
coho
l. 17
8 excl
usion
s were
for fi
xed p
eriod
s, 15 w
ere a
perm
anen
t
■
exclu
sion.
Th
e num
ber o
f day
s fixe
d peri
od ex
clusio
ns ra
nged
from
were
■
betw
een 1
day t
o 16 d
ays.
In tot
al 69
1 day
s of s
choo
l were
mi
ssed d
ue to
exclu
sions
for a
lcoho
l or d
rugs i
n this
perio
d.
72 ex
clusio
ns we
re for
fema
le pu
pils a
nd 12
1 were
for m
ale
■
pupil
s
The l
ocal
imple
ment
ation
of th
e Lic
ensin
g Act
2003
The L
icens
ing Ac
t (200
3) ca
me in
to for
ce in
Nove
mber
2005
. The
Ac
t brou
ght t
ogeth
er eig
ht se
parat
e lice
nsing
regim
es in
to on
e an
d in d
oing s
o tran
sferre
d the
regu
lation
of th
e sale
of al
coho
l fro
m lic
ensin
g jus
tices
and m
agist
rates
court
s to L
ocal
Autho
rities
. Th
ere wa
s muc
h con
cern
abou
t the
effec
ts on
bing
e drin
king,
anti-
socia
l beh
aviou
r and
crim
e whic
h wou
ld res
ult fro
m thi
s perc
eived
lib
eralis
ing of
the l
icens
ing la
ws. H
owev
er the
cons
ensu
s is t
hat
the ne
w law
s hav
e not
led to
an in
creas
e in v
iolen
ce or
anti-
socia
l be
havio
ur.
As of
31st
March
2007
there
were
3104
licen
ses a
nd ce
rtific
ates
in for
ce au
thoris
ed to
sell a
lcoho
l in Li
ncoln
shire
. Only
4 of
the 35
tw
enty-
four h
our li
cens
es in
Linc
olnsh
ire ar
e in p
ubs, b
ars or
club
s.
Area
Total
Prem
ises
Licen
ses
% of
licen
sed
premi
ses i
n Lin
colns
hire
Numb
er of
24
hour
licen
ses
Bosto
n24
98.5
04
East
Linds
ey89
330
.480
Linco
ln41
214
.063
North
Keste
ven
321
10.96
5
South
Holla
nd31
810
.850
South
Keste
ven
429
14.64
14
West
Linds
ey30
810
.519
Linco
lnshir
e29
3010
0%35
Sout
h Holl
and
19%
West
Linds
ey
17%
North
Keste
ven
15%
East
Lin
dsey
13
%
Bosto
n 18
%
Sout
h Ke
steve
n 12
%
Linco
ln 6%
Resu
lts fr
om 2
007/
08 T
ellu
s3 s
urve
y Li
ncol
nshi
re c
ompa
red
to n
atio
nally
0510152025303540
I hav
e ne
ver
had
an
alco
holic
drin
k
I hav
e ne
ver
been
dru
nk
I hav
e be
en
drun
k bu
t onl
y
once
or t
wic
e
and
not
rece
ntly
I hav
e be
en
drun
k on
ce
with
in th
e la
st
four
wee
ks
I hav
e be
en
drun
k tw
ice
with
in th
e las
t
four
wee
ks
I hav
e be
en
drun
k th
ree
or
mor
e tim
es in
the
last
four
wee
ks
Pref
er n
ot to
say
% of
resp
onda
nts
Linc
olns
hire
Natio
nal
124
4445
Appe
ndix
1: Lin
colns
hire A
lcoho
l Har
m Re
ducti
on St
rateg
y 200
9-11
Safer
Comm
uniti
esNI
15 Se
rious
viole
nt cri
me ra
te NI
17 Pe
rcepti
ons o
f anti
-socia
l beh
aviou
r NI
18 Ad
ult re
-offen
ding r
ates f
or tho
se
unde
r prob
ation
supe
rvisio
n NI
19 Ra
te of
prove
n re-o
ffend
ing by
youn
g off
ende
rs NI
20 As
sault
with
injury
crim
e rate
NI
32 Re
peat
incide
nts of
dome
stic v
iolen
ce
NI 38
Drug
-relat
ed (C
lass A
) offe
nding
rate
NI 39
Alco
hol-h
arm re
lated
hosp
ital
admi
ssion
rates
NI
40 Dr
ug us
ers in
effec
tive t
reatm
ent
NI 41
Perce
ption
s of d
runk o
r rowd
y be
havio
ur as
a pro
blem
NI 47
Peop
le kil
led or
serio
usly
injure
d in
road t
raffic
accid
ents
Child
ren an
d you
ng pe
ople
NI 50
Emoti
onal
healt
h of c
hildre
n NI
58 Em
otion
al an
d beh
aviou
ral he
alth o
f ch
ildren
in ca
re NI
65 Ch
ildren
beco
ming
the s
ubjec
t of
a Chil
d Prot
ectio
n Plan
for a
seco
nd or
su
bseq
uent
time
NI 70
Hosp
ital a
dmiss
ions c
ause
d by
unint
entio
nal a
nd de
libera
te inj
uries
to
child
ren an
d you
ng pe
ople
NI 72
Achie
veme
nt of
at lea
st 78
point
s ac
ross t
he Ea
rly Ye
ars Fo
unda
tion S
tage
with
at lea
st 6 i
n eac
h of th
e sca
les in
Pe
rsona
l Soc
ial an
d Emo
tiona
l Dev
elopm
ent
and C
ommu
nicati
on, L
angu
age a
nd Li
terac
y
Natio
nal in
dicato
rs NI
87 Se
cond
ary sc
hool
persi
stent
abse
nce r
ate
NI 11
0 You
ng pe
ople’
s part
icipa
tion i
n po
sitive
activ
ities
NI 11
1 Firs
t tim
e entr
ants
to the
Youth
Ju
stice
Syste
m ag
ed 10
– 17
NI
112 U
nder-
18 co
ncep
tion r
ate
NI 11
3 Prev
alenc
e of C
hlamy
dia in
unde
r 20
year
olds
NI 11
4 Rate
of pe
rman
ent e
xclus
ions f
rom
schoo
l N1
15 Su
bstan
ce m
isuse
by yo
ung p
eople
Adult
healt
h and
well
being
NI
119 S
elf-re
porte
d mea
sure
of pe
ople’
s ov
erall h
ealth
and w
ellbe
ing
NI 12
0 All-a
ge al
l cau
se m
ortali
ty rat
e NI
121 M
ortali
ty rat
e from
all c
ircula
tory
disea
ses a
t age
s und
er 75
NI
122 M
ortali
ty fro
m all
canc
ers at
ages
un
der 7
5 NI
134 T
he nu
mber
of em
ergen
cy be
d day
s pe
r hea
d of w
eighte
d pop
ulatio
n NI 1
36
Peop
le su
pport
ed to
live i
ndep
ende
ntly
throu
gh so
cial se
rvice
s (all
ages
) NI
137 H
ealth
y life
expe
ctanc
y at a
ge 65
NI
138 S
atisfa
ction
of pe
ople
over
65 wi
th bo
th ho
me an
d neig
hbou
rhood
Tack
ling e
xclus
ion an
d pr
omot
ing eq
ualit
y NI
141 N
umbe
r of v
ulnera
ble pe
ople
achie
ving i
ndep
ende
nt liv
ing
NI 14
2 Num
ber o
f vuln
erable
peop
le wh
o are
supp
orted
to m
aintai
n ind
epen
dent
living
NI
143 O
ffend
ers un
der p
robati
on
supe
rvisio
n livi
ng in
settl
ed an
d suit
able
acco
mmod
ation
at th
e end
of th
eir or
der o
r lic
ence
NI
144 O
ffend
ers un
der p
robati
on
supe
rvisio
n in e
mploy
ment
at the
end o
f the
ir orde
r or li
cenc
e NI
149 A
dults
in co
ntact
with
seco
ndary
me
ntal h
ealth
servi
ces i
n sett
led
acco
mmod
ation
NI
150 A
dults
in co
ntact
with
seco
ndary
me
ntal h
ealth
servi
ces i
n emp
loyme
nt
Loca
l Eco
nomy
NI
152 W
orking
age p
eople
on ou
t of w
ork
bene
fits
NI 15
3 Work
ing ag
e peo
ple cl
aiming
out
of wo
rk be
nefits
in th
e wors
t perf
orming
ne
ighbo
urhoo
ds
NI 15
6 Num
ber o
f hou
seho
lds liv
ing in
Tem
porar
y Acc
ommo
datio
n NI
173 P
eople
fallin
g out
of wo
rk an
d on t
o inc
apac
ity be
nefits
Envir
onme
ntal
susta
inabil
ity
NI 19
5 Imp
roved
stree
t and
envir
onme
ntal
clean
lines
s (lev
els of
graffi
ti, litt
er, de
tritus
an
d fly p
ostin
g)
Indic
ators
in th
e Nat
ional
Indic
ator
Set t
hat li
nk to
alco
hol m
isuse
Appe
ndix
1
125
4647
Refer
ence
s & Gl
ossa
ry to
be in
serte
d here
....
Refer
ence
s & Gl
ossa
ryFu
ll list
of Pa
rtners
Logo
s to g
o here
....
Partn
ers
Linco
lnshir
e Cou
nty Co
uncil
Linco
lnshir
e Prim
ary Ca
re Tru
st
All di
strict
coun
cils
Linco
lnshir
e Poli
ce
Natio
nal P
robati
on Se
rvice
- Linc
olnsh
ire
Linco
lnshir
e Drug
& Al
coho
l Serv
ice (L
DAS)
Linco
lnshir
e Roa
d Safe
ty Pa
rtners
hip
Linco
lnshir
e Fire
& Re
scue
Unite
d Linc
olnsh
ire Ho
spita
ls NHS
Trus
t
126
Appendix B:
Alcohol Harm Reduction Lincolnshire
Strategic Management Board
Thursday 28th
May 2009 10.00am – 12.00pm
Oak House, Waterside South, Lincoln
Name Agency
Present
Tony McGinty Lincolnshire County Council/PCT
Lee Freeman Lincolnshire County Council/Lincs Police
Chris Avis Lincolnshire County Council
Kieran English Lincolnshire Police
Greville Burgess Lincolnshire Road Safety Partnership
David Harper North Kesteven District Council
Peter Heafield Trading Standards
David Brocklesby Lincolnshire Fire & Rescue
Angela James Lincolnshire County Council
Andrew Cox Lincolnshire County Council
Kevin Ealam Lincolnshire County Council
Apology
Nicky Dewhirst-Vickers Lincolnshire Drug & Alcohol Services
Heidi Ryder North Kesteven District Council
Patricia Bowden Lincolnshire Drug & Alcohol Services
John Latham Lincoln City Council
Scott Watkinson Drug & Alcohol Action Team
Paul Moynes Lincolnshire Drug & Alcohol Services
Jo Oliver Lincolnshire Probation
Robin Bellamy Lincolnshire County Council
John Bustin LCC Children’s Services
127
Appendix B:
1. Alcohol Harm Reduction Strategy Update
Chris Avis informed the group that following the 1st public version of the
alcohol strategy is the countywide drink debate. During this period is the
continuing development of the alcohol needs assessment. The final version of
the needs assessment is scheduled to be completed in September/October.
From the national support team visit last year strategic priorities were
recommended with a big focus on action. Chris added that the strategy is to be
different to other areas that have previously produced a strategy focussing on
the health caused from alcohol.
Chris provided the group with an overview of the updates to the strategy since
the previous meeting. The updated delivery plan is now included in the
strategy, revised targets and actions are to be inputted and will be discussed in
item 6 on the agenda. The strategy is to be completed within a couple of weeks
so that preparation can begin on the public consultation
The Chair questioned if any other relevant information is to be included. Lee
Freeman expressed concern that the priorities have been agreed with tasks set
against them and timescales for completion in September/October. Lee
continued by stating that more of a sense of urgency is needed and believes at
present there is a lot of developing and not enough action. A discussion ensued
on the best way of progressing with both the partner and public consultations.
The Chair concluded that once the strategy has been tweaked it is to be
circulated to wider partners. Tasks within the delivery plan to be allocated to
external partners. A list comprising of agencies to be produced for comments
on the strategy and key questions produced for public engagement. The Chair
and Chris Avis to discuss.
Chris Avis required clarification if a public extract of the strategy is needed.
The Chair believed that a shortened version is needed with no other partner
version necessary.
128
Item No. 6 LICENSING COMMITTEE 20 JULY 2009
SUBJECT:
REDUCING ALCOHOL RELATED VIOLENT CRIME AND DISORDER: CODES OF PRACTICE
REPORT BY:
DIRECTOR OF RESOURCES
LEAD OFFICER:
KEVIN BARRON, LICENSING MANAGER
1. Purpose of Report
1.1 To inform the Committee of the West Lindsey Community Safety Partnership’s
proposed Code of Practice in relation to the running of the “Night-time Economy”.
1.2 To gather any response that the Committee wish to make prior to its adoption by the Partnership.
2. Background
2.1 The Substance Misuse and Violent Crime Theme Group, created under the Partnership, commisioned a licensing consultant, Christopher Shadlow, to create a code of practice to be adopted by those concerned in the management of the “night-time economy”.
2.2 The Code has been prepared and will be presented to the Partnership with a view to it being adopted by the licensing trade and others concerned with the night-time economy.
2.3 Any consultation has been conducted by the Partnership.
2.4 There has been consultation with the Licensing Team prior to its publication.
2.5 A copy of the proposed code can be seen at Appendix A.
3. Main Body of Report
3.1 The aim of the Code is: These “Codes of Practice” lay down common sense principles for each sector within the Evening economy with the aim of:
Encouraging all those involved in the “alcohol-led” Evening Economy to engage with each other in a more constructive manner so as to achieve co-ordinated action towards a “Safer Lincoln”.
129
Reducing risks for all those involved in the Evening Economy by equipping them in advance with the know-how to deal with problem situations in a more effective manner.
Reducing opportunities for disorder, crime and particularly violence ensuring that more evening visitors to Lincoln enjoy a trouble-free evening “Safe in the City”.
Protecting “vulnerable” individuals in the community and helping to prevent them becoming victims of crime.
Reducing the “fear factor” surrounding the evening economy by together raising the standards of practices across all sectors thereby improving customer service at the point of delivery and reassuring the public of the extensive co-ordinated measures in place to protect them and prevent, deter and deal with problem individuals.
Reducing demands on overstretched emergency services by joining with the evening community in a pro-active crime reduction manner so that quality of service is maintained.
Supporting the licensing objectives as defined under the Licensing Act 2003:
1. The Prevention of Crime & Disorder. 2. Public Safety. 3. The Prevention of Public Nuisance. 4. The Protection of Children from Harm.
3.2 These “Codes of Practice” are designed to encourage best practice across all sectors involved in the running or shaping of the “Evening Economy”. This includes:
Pubs; Nightclubs; Restaurants; Late-Night Shops; Off-Licences; Late-Night Takeaways; Door Supervisors; Street Pastors; Taxis & Private Hire; Buses; Police; and City of Lincoln Council.
3.3 The Licensing Team has been firm on maintaining the independence of the
Licensing Authority to ensure that it is not committed to any proposals and hence its discretion has not been compromised.
3.4 However, the Licensing Committee (formed under the Licensing Act 2003) can have regard to the Code when determining an application and can recommend to the Council that the Licensing Authority’s Statement of Licensing Policy be amended to require an expectation that applicants etc to have had regard to the Code.
130
3.5 The Statement of Licensing Policy has to be reviewed at least every three
years. It was last issued in 2008 and due to be published again no later than 3 January 2011.
3.6 The Licensing Team will promote the Code when advising applicants and existing licence holders.
4. Resource Implications
4.1 (i) Finance (including impact on Savings Targets)
- Capital Implications Any capital expenditure will have to be authorised using the normal Council procedures and any undertakings will not be entered into until formal approval is first obtained.
- Revenue Implications There is no revenue due to the Authority from these proposals.
4.2 (i) Staffing Nil
4.3 (ii) Property/Land/Accommodation Implications
4.4 (iii) Procurement
Discretionary assessments
5. Policy Implications
5.1 (i) Strategic Priority
5.2 (ii) S.17 Crime and Disorder
5.3 (iii) Equality and Diversity
5.4 (iv) Environmental Sustainability
5.5 (v) Community engagement/ communication 6. Consultation and Communication 7. Legal Implications
7.1 (i) Legal - Nil
7.2 (ii) Contractual – Nil
7.3 (iii) Constitutional Issues - Nil.
131
Mandatory Assessment
8. Assessment of Options
8.1 (i) Key Issues
8.2 (ii) Risks Assessment (including Impact Assessment)
9. Recommendation
9.1 That the Licensing Committee note the contents of the Code.
9.2 That any comments be forwarded to the Licensing Team, which will ensure that they are taken into account by the Partnership.
Access to Information: Does the report contain exempt information, which would prejudice the public interest requirement if it was publicised?
No
Key Decision No
Key Decision Reference No.
Do the Exempt Information Categories Apply
Yes/No
Call In and Urgency: I s the decision one to which Rule 15 of the Scrutiny Procedure Rules apply?
Yes/No
List of Background Papers:
Appendix A Code of Practice Reducing Alcohol Related Crime and Disorder
Lead Officer: Kevin Barron Telephone 873564
132
Appendix A
Reducing
Alcohol Related
Violent Crime and Disorder
CODES OF PRACTICE
133
2
Contents 1. INTRODUCTION 1.1 Background 1.2 Purpose 1.3 Problematic situations 1.4 Forewarned is forearmed 1.5 Reducing risks 1.6 High risk individuals 1.7 Vulnerable Individuals 1.8 Best practice guide 2. PUBS / LATE-NIGHT BARS / NIGHTCLUBS 2.1 Duties of the Premises Licence Holder 2.2 Duties of the Designated Premises Supervisor 2.2.1 Environmental Measures and Good Management 2.2.2 Disorderly Customers & Ejection Procedure 2.2.3 Detention of Offenders 2.2.4 Use of Door Supervisors 2.2.5 Follow up Actions 2.3 Duties of Bar Staff 2.3.1 Familiarity with Surroundings 2.3.2 Implementing Procedures and Good Practice 2.4 Duties of Waiters and glass collectors 2.5 Duties of Door supervisors 2.5.1 Familiarity with Premises and Procedures 2.5.2 Implementing Good Practice 2.5.3 Screening Customers at Point-of-Entry 2.5.4 Disorderly Customers & Ejection Procedure 2.5.5 Acting Promptly and Proactively 2.5.6 Monitoring Dispersal 2.5.7 Taxi and Private Hire Safety 2.5.8 Follow up 3. OFF-LICENCES, LATE NIGHT SHOPS & CONVENIENCE STORES 3.1 Duties of the Premises Licence Holder 3.2 Duties of the Designated Premises Supervisor 3.3 Duties of Staff 3.4 Duties of Security Staff 4. SUPERMARKETS 4.1 Duties of the Premises Licence Holder 4.2 Duties of the Designated Premises Supervisor 4.3 Duties of Staff 4.4 Duties of Security Staff 5. RESTAURANTS 5.1 Manager Duties of the Premises Licence Holder 5.2 Duties of the Designated Premises Supervisor
134
3
5.3 Duties of Staff 6. TAKEAWAYS 6.1 Duties of Owners 6.2 Duties of Managers 6.2.1 Environmental Measures and Good Management 6.2.2 Disorderly Customers & Ejection Procedures 6.2.3 Detention of Offenders 6.2.4 Use of door supervisors 6.2.5 Follow up action 7. STUDENTS’ UNION 7.1 Duties of Designated Premises Supervisor 7.1.1 Environmental Measures and Good Management 7.2 Duties of Staff 7.3 Duties of Security Staff 8. ACCIDENT and EMERGENCY DEPARTMENTS 8.1 Duties of the A & E Manager 8.2 Duties of A & E Staff 8.3 Security Staff 9. LINCOLN CITY CCTV CONTROL ROOM 9.1 Duties of the CCTV Manager 9.2 Duties of the Operator 10. TAXI VEHICLES 10.1 Duties of Driver 11. PRIVATE HIRE VEHICLES 11.1 Duties of the Operator 11.2 Duties of the Driver 11.3 Duties of the Marshall 12. BUSES 12.1 Duties of the Operator 12.2 Duties of the Driver 13. STREET PASTORS 13.1 Duties of the Street Pastor 14. POLICE 14.1 Commitment of the Police on a Friday and Saturday night 15. COUNCIL 15.1 Commitment of the Council
135
4
1. INTRODUCTION 1.1 Background The City of Lincoln, County Town of Lincolnshire, has a vibrant economy. The Cathedral and the Castle atop the hill are the twin jewels in the City‟s Crown drawing tourists from far and wide. Down in the valley around the serenity of the River Witham and the Brayford Pool visitors can commence a shopping experience that extends from Trading Estates and Department Stores to Niche shops as one ascends through Stonebow onto Steep hill and into the Cathedral area Regular street entertainment such as the Christmas Market, Town Centre Continental Markets and the Waterfront Festival add to the excitement of those coming to Lincoln Interspersed with these permanent and occasional attractions are the leisure outlets serving both the daytime and Evening economies. Evening visitors to Lincoln are literally „spoilt for choice‟ with a rich variety of entertainment on offer making the Town Centre an entertainment destination for thousands, particularly at weekends, some travelling considerable distances to enjoy the experience. Lincoln has developed a good reputation for a „Fun Night Out‟ regardless of whether that involves a trip to the Cinema, the Theatre, Restaurants, Bars, Nightclubs, or simply one of a large number of Takeaways. However this has brought with it a reputation for alcohol fuelled violence which in 2008 placed Lincoln 330 out of 350 in a Countrywide league table, below nearby Bassetlaw, Newark and Mansfield It is therefore imperative that all those involved in running or shaping the Evening Economy work together in a partnership to make Lincoln City Centre a safer and more pleasant place both to visit and to work.
These “Codes of Practice” are designed to encourage best practice across all sectors involved in the running or shaping of the “Evening Economy”. This includes Pubs, Nightclubs, Late-night Shops, Off-Licences, Late-night Takeaways, Managers, Door Supervisors, Bar Staff, Glass Collectors, Taxis, Private Hire, Buses, Restaurants, Police and City Council 1.2 Purpose These “Codes of Practice” lay down commonsense principles for each sector within the Evening economy with the aim of:
Encouraging all those involved in the “Alcohol-led” Evening Economy to engage
with each other in a more constructive manner so as to achieve co-ordinated
action towards a “Safer Lincoln”.
Reducing Risks for all those involved in the Evening Economy by equipping them
in advance with the know how to deal with problem situations in a more effective
manner.
Reducing opportunities for Disorder, Crime and particularly Violence ensuring
that more evening visitors to Lincoln enjoy a trouble-free evening “Safe in the
City”.
136
5
Protecting “Vulnerable” individuals in the Community and helping to prevent them
becoming Victims of Crime.
Reducing the “Fear Factor” surrounding the Evening economy by together raising
the standards of practices across all sectors thereby improving Customer Service
at the point of delivery and reassuring the Public of the extensive “joined-up”
measures in place to protect them and prevent, deter and deal with problem
individuals.
Reducing demands on overstretched Emergency Services by joining with the
Evening community in a pro-active Crime Reduction manner so that Quality of
Service is maintained.
Supporting the Licensing Objectives as defined under the Licensing Act 2003:
1. The Prevention of Crime & Disorder. 2. Public Safety. 3. The Prevention of Public Nuisance. 4. The Protection of Children from Harm. It is sincerely hoped that these “Codes of Practice” will assist even the most experienced Evening Operator to reduce Crime & Disorder, encourage greater safety for their Staff and Customers, and make for a safer Lincoln. 1.3 Problematic Situations When a problematic situation is, for a variety of reasons, poorly dealt with at the outset it can easily be inflamed rather than being defused leading inevitably to an escalation of the problem. The fact is that when sensible measures are lacking or situations are poorly handled there is an increased likelihood of a Crime being committed with significant consequences for Victims, Witnesses, Offenders, Emergency Services and the Criminal Justice system. These consequences should not be under estimated. In addition, Negative Incidents and Crimes also impact adversely on Businesses, the particular Premises involved, Neighbours, other Town Centre users and the reputation of the Town as a whole through person-to-person contact, media reports and crime statistics. All too frequently those involved in the running of the “Alcohol-led” Evening Economy have been left to learn from experience how not to deal with new and threatening situations in which they have suddenly found themselves. They have not, perhaps, anticipated that these problems would “form part of the job” or have under-estimated the frequency or scale of such incidents. Most of the time they will have received no advice or training in how to deal with disorder. “Up-front” guidance has, unfortunately, been severely lacking. 1.4 Forewarned is Forearmed These “Codes of Practice” are founded on many years experience of managing “Alcohol-led” Crime & Disorder. They provide members of the “Evening Economy” with
137
6
good advice to equip them in advance with the “know how” to deal with problem situations in a more effective manner, rather than learning from the unpleasant and costly experience of being a victim. It is hoped that, as a result of being prepared for any problems that arise, staff working at night in Lincoln will feel empowered to deal more confidently with threatening situations and that, as a result, problems will be diminished rather than inflamed. 1.5 Reducing Risks The reduction of risks associated with an alcohol-led industry is essential for those working in or enjoying the Evening Economy. The development of a more “joined-up” approach will lead to a safer and more pleasant environment. Lincoln‟s successful evening economy will also be maintained. One of the crucial ways in which this can be achieved is by the whole of the evening economy identifying and acting in harmony with regard to both “High Risk” and “Vulnerable” individuals. 1.6 High Risk Individuals These are individuals who cause problems in society at every opportunity and choose not to conform to the community‟s norm. This applies equally whether they are causing “grief” by jumping the queue at a Takeaway or a Taxi Rank, being aggressive to staff or customers who challenge their behaviour in a Public Bar or being abusive and threatening toward Door Supervisors who are refusing them entry. Experience and Research show that it is often the same few individuals that cause problems for the Retailers, the Pubs, the Takeaways, the Taxis, etc. In addition to action taken by the Police to deal with such individuals when crimes have been committed sanctions imposed by members of the community working in unison (such as Banning or refusing Services) are a very powerful means of encouraging “High Risk” Offenders to amend their behaviour. It soon becomes apparent to this minority that “Crime does not pay” in Lincoln and that they are becoming a pariah in the community. Sanctions to exclude such individuals are also an effective means of reducing risks to staff and other members of the public. On a more general note, research consistently shows that males aged 18 - 24 years carry out a very high percentage of Alcohol-related violence. This starts to fall significantly when males reach 25 years. Those involved in the Evening Economy should not overlook this fact. When dealing with males in this age group the Risks are significantly higher. This information should be taken into account when deciding the “profile” of customers sought, deciding on Crime Reduction measures and actually dealing with incidents that arise.
138
7
1.7 Vulnerable Individuals Whilst at one end of the spectrum the identification of “High Risk” individuals is essential at the other end there are “Vulnerable” individuals in the community who, due to their particular circumstances, are at higher risk of becoming a victim of crime. These “Codes of Practice” also encourage the early identification of such “Vulnerable” individuals. Sensible interventions can significantly reduce risks for such people. For the purposes of this document “Vulnerable” individuals include lone females, children (under 16), the disabled, the elderly, those with serious injuries, non-English speakers, those with medical conditions, and those who are suffering from severe intoxication from either drugs or alcohol. 1.8 Best Practice Guide There has, until now, been no “Codes of Practice” to which participants from any sector involved in the Evening economy can refer in order to seek Best Practice and Guidance. It is considered essential that each sector in the “Evening Economy” should not only seek to adopt these “Codes of Practice” for their own field of work, but also develop an awareness of what other sectors can provide, and then work in partnership to improve the quality of customer service to visitors in Lincoln City centre. This awareness of what other participants are able to provide is particularly important when one is involved in an incident that becomes a “chain of events”.
139
8
2. PUB / LATE-NIGHT BAR / NIGHTCLUBS 2.1 Duties of the Premises Licence Holder • At the design stage, or at the time of any refurbishment, consider the positive
effect that the design and layout of the premises may have on reducing alcohol-
related crime and disorder and assisting in the promotion of staff & customer
safety. The document “Secure by Design-Licensed Premises” (April 2005)
provides valuable guidance that should be used in the design and/or renovation
of all premises. The Police Architect Liaison Officer will also offer free design
advice and guidance regarding this important basic step.
• Carry out a Fire Risk Assessment that will specify the safe Capacity of the
premises.
• Install a high-quality CCTV system that is capable of producing a clear, recorded
image in all lighting and weather conditions that can reasonably be expected. The
image must capture images sufficiently so as to be admissible as evidence for
the purpose of identification.
2.2 Duties of the Designated Premises Supervisor 2.2.1 Environmental Measures and Good Management • Prepare an Evacuation Procedure for use in any Emergency, such as Fire, Serious Disorder or Incident involving weapons and ensure all Staff are trained to assist in evacuating customers as required. NOTE: Management should not rely heavily on Door Supervisors for this role, as they may be involved in “containing” a situation, or restraining and detaining offenders. • Prepare an “Incident Management Protocol” specifically to include advice on dealing with Disorder, an Early-intervention plan, an Ejection Policy and advice regarding Use of Force. This Protocol should include Duty Managers, Bar Staff, Waiters, Glass-Collectors, and Door Supervisors and include some of the appropriate Codes of Practice contained herein.
Maintain an Incident Book at the premises and ensure all Staff use it to promptly record details of any incident of Crime or Disorder on the premises, including date and time, details or descriptions of persons involved, injuries or losses, exact location of the incident inside the premises, staff involved, Police involvement, outcome, etc. (Failure to comply should be a disciplinary offence as it indirectly places all staff under higher risk in the future) • Ensure all staff are adequately trained regarding the “Incident Management Protocol” and that it is implemented by Duty Managers, Bar Staff, Waiters, Glass-Collectors, and Door Supervisors. • Allocate a designated “Detention Area” (preferably near the entrance and away from the “Rest Area”) where Staff / Door Supervisors can contain any detained person whilst awaiting the arrival of the Police. This area should be fitted with a CCTV camera fitted with microphone to record conduct and conversation. • Allocate a designated „Rest Area‟ (First Aid area) equipped with basic First Aid equipment. This is an area where:
140
9
1. Victims - Can wait in safety and be given basic assistance until arrival of Ambulance and Police if necessary. 2. Vulnerable - Can wait in safety if necessary, until Transport, Relatives, Carers, Friends, Parents, etc arrive. • Arrange for some Staff to be given “First Aid” training so that there is always at least one member of staff on duty to deal with victims and the “Vulnerable”. • Ensure that victims or “Vulnerable” individuals are not left alone in the First Aid area as there are likely to be hazards. • Ensure that the CCTV system is properly maintained in good working order at all times the premises are open, and that footage is stored for a minimum of 28 days. • Ensure that access to the CCTV system is permitted only to authorised staff. (Stored in a secure room and password-protected). Particular care should be taken after any incident involving violence that Staff / Door Supervisors do not interfere with footage. • Appoint a named CCTV manager and deputy to take overall responsibility for the system. • Ensure that checks are carried out from time-to-time to ensure that CCTV cameras have not been moved from their original position or otherwise interfered with. • Train adequate numbers of suitable staff (eg: duty managers) to use the CCTV system to it‟s full potential thus ensuring that a member of staff is always available to replay footage and download material onto DVD or Video Tape immediately following an incident. • Maintain active membership of the Lincoln “Pubwatch” and participate in any agreed initiatives. Arrange the use of “Radio-Link” radios wherever Door Supervisors are employed (or by choice), and ensure earpieces are worn by Door Supervisors to facilitate contact from the Camera Room Operators. This permits instant communication with: a) Lincoln City Camera Room Operator – who will, at a specific request, monitor the entrance and outside of the premises using Street CCTV camera b) Police “Safe in the City” patrols – who will, at a specific request, either attend the premises, or attend the immediate vicinity of your premises so as to provide a swift response should the need arise. c) Door Supervisors in other nearby premises – who can provide “mutual aid” to the premises in order to detain offenders or restore calm prior to Police arrival. • Regularly access “lincolnbigsecurity.co.uk Online” to ensure up-to-date knowledge of all “High Risk” individuals and banned individuals. • Refuse entry and service to „High Risk‟ individuals who have been issued with a “Pubwatch” City-wide ban. • Arrange a „Mutual Aid‟ agreement with neighbouring premises in respect of shared Door Supervisor resources for major incidents. • Arrange a Mutual Aid agreement with Taxis and Private Hire Drivers who are members of “Pubwatch”, in respect of permitting Drivers to call on the aid of Door Supervisors to assist in detaining violent or threatening passengers whilst awaiting the arrival of the Police.
141
10
• Ensure that a responsible, experienced and capable individual is left in charge of the premises at all times, and in particular on “High Risk” occasions (see definition below). • Seek to maintain a „broad overview‟ of the premises and all staff whenever the premises are open for trading, to include the regular monitoring of Bar Staff, Door Supervisors, and customers. • Ensure that all staff are made aware of any “Vulnerable” individuals within the premises. • Implement a “Challenge 21” Scheme at the premises, whereby staff are trained to request a Photo Driving Licence or Passport from any person who appears to be under the age of 21 years, and alcoholic drinks are refused unless that ID is produced. • Seek to detain any young person who produces a Driving Licence or Passport that has been fraudulently altered in order to deceive. The police should be called. • Seek to detain any young person who produces a Driving Licence or Passport that belongs to an older sibling. A Parent / Guardian should be called if the young person is co-operative, and the item retained for collection by the Passport / Licence owner with supporting documents. In the event of non co-operation the Police should be called. • Ensure that adequate procedures are in place for dealing with customers who are being refused drinks at the Bar, due either to their state of sobriety, their apparent age, their behaviour, or as the result of being a banned person. • Ensure that Staff are always fully supported if these “refusal” procedures are activated. • Ensure that customers buying drinks at the bar are not “in turn” supplying them to drunk or under-age individuals who may be maintaining a low profile. • Avoid getting “pulled in” as Bartenders due to pressures at the Bar. Contingency plans for relieving pressure-points at the bar should be in place (eg: good analysis of peak periods / occasions linked to staff rosters, reserve staff, occasional use of glass-collectors). • Pay particular attention to “outside drinking and smoking areas” to ensure that customer behaviour outside the premises is not adversely impacting on neighbours or the public, and that customers are not leaving with bottles or glasses. • Refrain from offering “all-inclusive” promotions for Alcoholic Drinks (where customers can drink unlimited amounts for a set fee). • Refrain from offering “free” Alcoholic Drinks (such as Buy One Get One Free). • Refrain from discounting Alcoholic Drinks (below the tariff in place for a minimum of one week) after 6pm on Friday and Saturday nights (until the start of trading the following day). • Ensure that a variety of “Low-Alcohol Drinks” are readily available as an alternative for customers. (Not only does this increase customer choice but also reduces Alcohol intake and risks of disorder with no reduction in profits). • Ensure that a wide variety of “Soft-drinks” is readily available for purchase by customers as an alternative to alcoholic drinks. • Consider an “all-inclusive” deal on “soft-drinks”. • Consider a “Happy Hour” on “soft-drinks”. • Ensure that low-alcohol and non-alcoholic beverages are advertised as an option in any price list/menu. • Implement an attractive “Drivers-Drinks-Display” at the Bar. • Actively promote the consumption of non-alcoholic drinks by drivers by implementing the “I‟ll be Des” designated-driver initiative (Free squash or Lemonade for the designated driver in any group). • Ensure that free drinking water is readily available.
142
11
• Allocate a minimum “drinking-up” time of 30 minutes. • Offer secure storage of car keys on occasions where it is appropriate to do so in order to discourage drink-driving. • Offer free or low-cost Cloakroom facilities and encourage their use by customers for the storage of Mobile Phones and Handbags where required in order to reduce opportunities for theft. • Ensure that Staff cease serving drinks in glass pint-glasses after 2300 hours, so that by midnight there are no glass Pint Glasses in the public area as they have been substituted with Polycarbonate/Plastic “glasses”. • Consider the use of plastic bottles where they are available as an alternative to glass. • Identify “Higher Risk Occasions” when management of the premises is at its most challenging, due to the profile of clientele, their state of excitement (linked to activity) or state of intoxication (linked to occasion or time of day) or due to sheer numbers. Examples of „Higher Risk Occasions‟ would include Friday and Saturday evenings, occasions when prominent Football Matches are being screened, occasions when Lincoln Town Football Club are hosting matches with notorious visiting Clubs, Bank Holiday weekends, New Year‟s Eve, 18th and 21st Parties etc. • Ensure that only Polycarbonate-glasses are used on “Higher Risk Occasions”, such as Bank Holidays, Football-related occasions or similar. This substantially reduces risks of injuries. • Ensure that adequate numbers of Door Supervisors are used on “Higher Risk Occasions” and that they are well-briefed on their arrival. • Ensure that “Toilet Checks” are carried out at frequent intervals to deter assaults taking place “off-camera” and to deter illegal drug activity. • Ensure (whenever Door Supervisors are NOT employed) that at closing time and until all customers have dispersed from the immediate vicinity, the DPS or a member of staff is positioned immediately outside the premises to monitor the dispersal of Customers. • Ensure that any Customer is provided with necessary assistance to facilitate the arranging of safe Transport home. For example this should include a list of Transport providers (Taxi and Private Hire operators, Night Bus details) and the free use of a telephone to arrange Transport. Consider installing a Taxi/Private Hire Freephone facility. • Consider implementing a small Entry Charge after Midnight, to discourage late-night “Pub-hopping” and encourage Customers to remain in the premises. (This levy can be justified due to increased Risks to Staff and property, premium rates of pay for Staff, and may be used toward the added cost of employing Door Supervisors). • If “Student Nights” are to take place, arrange Minibus Transport to convey them safely back to the Halls of Residence at the end of the event. If necessary charge Students a small entry fee toward the cost of shared transport. The University of Lincoln may assist in arranging this transport or it may be arranged directly with a Private Hire company. • If „Under-18‟ events are to take place (persons aged 13 –17 years) adopt the following procedures: 1. Vet and Search every young person on entry to ensure they are not in possession of Weapons, Drugs or Alcohol. Anyone refusing to be searched to be refused entry.
143
12
2. Detain any young person in possession of illegal substances/ items as appropriate and inform Parents / Guardian or Police as necessary. 3. Refuse entry to any young person who is already under the influence of Drugs or Alcohol on arrival. Consider „Breath-Testing‟ as a condition of entry). Call Parents / Guardian as necessary. 4. Ensure that only “Soft Drinks” are on sale. 5. Ensure no Alcohol or Alcohol-branding is displayed. 6. Ensure Cigarette machines are disabled or turned around, and smokers are asked to refrain or leave. 7. Ensure Gaming machines are switched off or turned around. 8. Ensure there is a trained First Aider on duty. 9. Deal with any incident of Bullying, Swearing or Disruptive behaviour from any young person. 10. In the event that any young person is asked to leave the main part of the premises for disorderly behaviour, staff should request the young person to attend the “Rest Area” or Foyer and should be encouraged to remain there with staff until Parents/Guardians have been contacted and arrived. 11. Parents/Guardians should be fully informed of events that have led to any young person being refused entry, detained, or asked to leave. 12. If any physical contact is necessary (eg: breaking up a fight and detaining offenders) minimum force should be used, bearing in mind that this may be less than force needed for dealing with an adult. • If “entertainment events” are to take place which involve a mix of Adults and young persons of 16 / 17 year olds, (ie: where the under-18 is not under the care of an adult), screen all persons appearing under the age of 21 years (at point-of-entry) and, on production of Photo Driving Licence or Passport, issue the “age-verified” customer with a snap-on wristband specific to the occasion. Ensure that Bar Staff are instructed to serve Alcoholic Drinks only to those under-21‟s wearing the wristband, and then only one-drink-at-a-time to prevent drinks being passed on to those under age at tables. • Implement a Policy for dealing with customers who smoke inside the premises. • Where appropriate, arrange for smokers outside the premises to overlook vulnerable areas for Theft, such as Car Parks. Staff, in particular, can carry out casual observations whilst enjoying a cigarette - provided they are aware of High Crime Risk areas and well-briefed. • Operate a Closed-Door Policy (for new customers) after 2300 hours on New Year‟s Eve. • Alarm the premises with a monitoring facility so that relevant persons/keyholders are alerted when it is activated. The external Audible alarm should sound for no more than 15 minutes on any activation.
144
13
2.2.2 Disorderly Customers & Ejection Procedure • Ensure that a minimum of two staff are allocated to deal with any incident involving a “disruptive or antisocial” (disorderly) customer. (This will rise to a minimum of three staff if more than one disorderly person is involved). This “outnumbering” technique places “psychological pressure” on the offender to conform and, of course, provides greater safety for the staff member dealing. The second and third member of staff will also act as a witness in the event of any assault. • Ensure that one member of staff “firmly, clearly and politely” requests the disorderly customer to refrain from their anti-social behaviour. • If disruptive behaviour continues, firmly but politely request the offender to leave the premises, allowing them a short time to collect their belongings, and utilising Door Supervisors if available. • If the individual refuses to leave they should be given a “final opportunity” to leave the premises. It should be pointed out to them that it is an offence to remain in the premises when requested to leave. • If violence is anticipated, make no attempt to “manhandle” the offender out of the premises without the assistance of trained Door Supervisors. If necessary, call the Police on 999 to assist in the ejection. This telephone call should be done “out of reach of the offender who may otherwise try to prevent the call being made. • Remain calm when speaking to the Police call-taker, and provide clear details of the incident together with the fact that the offender is “refusing to leave” and a clear description of the offender. Inform the Police that you “anticipate violence” if any attempt is made to eject him/her forcibly. • Ensure that two staff continue to closely monitor the offender from a “personal safety” distance until the Police arrive. Prepare a “Banning Notice” for the offender whilst awaiting the arrival of the Police. • On the arrival of the Police, state clearly to the Officer, preferably in the presence of the offender, that the person has been asked to leave and that they have refused. Inform the Officer that you will, if the Officer wishes, support any action they deem appropriate for the offence of “failing to leave Licensed premises when requested”. • Ensure that any Banning Notice is handed to the Offender in the presence of the Officer. In the event that the offender is arrested, provide a “Banning Notice” to the Officer for service on the offender whilst in custody. (Details of the offender can usually be obtained when Officers first request them of the Offender or may be supplied later by the Officer serving the Banning Notice). • Make a note of the Police Officers‟ “collar numbers” or names for future reference. Also the Police Incident Number. Enter this in the Incident Book. • Pay close attention to any complaint of violence or illegal-drugs within the premises. Obtain details of the complainant and details (or a good description) of all parties involved. • In the event of any outbreak of violence ensure that Staff alert Door Supervisors and Police at the earliest opportunity, by Telephone or Radio-link in order that early-intervention may be made, and the offender detained (by use of minimum force, if safe to do so). • In the event of Disorder between Customers, separate the parties and seek to identify “Aggressor” and “Victim”. If ejecting an Aggressor, use a “designated” exit that is covered by CCTV and ensure their dispersal from the immediate vicinity (or otherwise)
145
14
is monitored. Do not eject a Victim (or allow to leave) if the Aggressor has been ejected and is still outside the premises. Alert the Police by Telephone or “Radio-Link”. • Encourage Victims and the Vulnerable to leave the premises in the company of at least one friend, or to take safe transport home eg: Taxi/ Private Hire from the Door, using Door Supervisors as escort to the vehicle. If Victims or the Vulnerable are driving home in their own car, consider utilising a member of Staff to escort them to their vehicle nearby. • Ensure that where any member of staff is assaulted, customers are seriously assaulted or an incident occurs involving the supply of illegal drugs, that the Offender is detained. Ensure that the Police are promptly alerted by telephone or “Radio-link” so that the offender may be dealt with in an appropriate manner. Where such action is taken the Manager will also ensure that: 1) CCTV footage of the incident is promptly downloaded to provide primary evidence for prosecution purposes. 2) Staff are made available promptly (when requested) for the making of a written statement. • Identify, with experience, “threatening atmospheres” where situations are threatening to get out of control. Do not ignore intuitive concerns. They will usually be right and based on previous experience. ACT PROMPTLY AND PROACTIVELY • Call the Police at the outset. Do not delay calling the Police until your fears have been confirmed and the situation has deteriorated. You will not be criticised for calling the Police unnecessarily Remember that there will be a delay (of up to 10 minutes) between the Police being called and their attendance at the premises. Early attendance by the Police can often “nip a problem in the bud” and prevent it escalating. This contributes to efficient policing methods. • Turn off loud Music. Stop Entertainment. Close the Bar. This prevents disruptive behaviour from being “masked” by other activity. It also draws the attention of everyone in the premises to the problem, thereby providing a greater number of witnesses and “peer pressure”. It also allows innocent customers to move a safe distance from problematic individuals if they wish, rather than being innocently caught up in events. It also greatly facilitates communication between Management, Door Supervisors, Staff, Police, Victims, and Offenders. • Remember - Delays can lead to a “full-scale” Incidents resulting in: 1. Injuries to staff or customers - involving human cost. 2. Injured staff out of action for a period involving difficulties running the business. 3. Damage to the premises – involving disruption to normal business, costly repairs, and Insurance claims. 4. Lost trade – perhaps requiring expensive advertising costs to re-establish previous trade levels. 5. Statement making – involving considerable loss of time and business disruption.
146
15
6. Court attendance – involving a day off work and the arrangement of a replacement manager/staff. • If the situation defuses completely prior to Police attendance (for example the disruptive group leaves the premises) simply telephone this information through. (The group will then be monitored on the street, if possible, by CCTV or Police patrols). If on “Radio-Link” alert other premises so the offenders are refused entry elsewhere. 2.2.3 Detention of Offenders • Ensure that you (or in your absence the person in charge) take full control of any situation where an individual is detained. The detainee is likely to seek any opportunity to escape. The detainee must be watched constantly and at close hand, so that they do not have the opportunity to escape, discard or swallow drugs in their possession, pull weapons from their pockets, or grab at items „to hand‟ that may be used as a weapon with which to assault staff unexpectedly, etc. This close observation and adequate supervision is imperative, or a relatively minor situation can suddenly become considerably more serious. A “two to one” Staff/Offender ratio should be adopted. If necessary, minimum force may be used to detain the Offender whilst awaiting the arrival of the Police. • Maintain a “Weapons Awareness” at all times, and do not place yourself at risk if weapons are wielded. • Ensure that, where possible, detained individuals are placed in the “Detention Area” allocated for this purpose. If this is not possible, due to non-co-operation, they should be brought under the nearest CCTV camera so that their identity and demeanour is captured on tape. 2.2.4 Use of Door Supervisors • Formulate a “Door Supervisor Deployment Plan”, based on identified actual or potential “flashpoints”. This deployment plan to indicate the areas over which each Door Supervisor has specific responsibility and the method of working eg: warning/deployment systems, use of equipment (metal detectors, head-cam, restraining devices, drug-screening machine), frequency of Drug/Weapon searches (one in five to one in ten recommended), customer dress-codes, customer profile. • Consider the use of Hand-held Video cameras or Head Cams. • Ensure that Door Supervisors co-operate fully with the Police, when necessary, in the pursuit of the Licensing Objectives. This shall include the supply of written statements when requested. • Appoint a suitably reliable „Head Doorman‟ to take overall responsibility for the actions of all the Door Supervisors. • Ensure that all Door Supervisors are registered and in possession of a current Badge. The Manager should carry out an “Instant-check” on the SIA Website Register on the first occasion that a Door Supervisor works at the premises to ensure that any badge being produced has not, in fact, been subsequently revoked by the SIA. (www.the-sia.org.uk) • Check the photo on the Door Supervisor Badge against the employee to ensure they match.
147
16
• Refuse to allow any Unbadged Door Supervisor to work on the premises. (In the event of any incident involving injury there would be a high liability against a Manager who permits an unlicensed employee to carry out Door Supervision). • Maintain a register of Door Supervisors employed at the premises and ensure they “sign in” and “sign out”. • Speak to Door Supervisors on their arrival each day to ensure they are not under the influence of Alcohol, Drugs or exceptional stress that could lead to irrational actions. (Door Supervisors need to be “level-headed” at all times). • Ensure Door Supervisors wear suitable items of clothing and their SIA Badge to facilitate easy identification of their role. This will usually be a High-Visibility (HV) item-of-clothing during hours of darkness, an HV Armband containing their SIA Badge or a Badge/Logo on their clothing. The use of the words “Customer Safety” is considered Best Practice as it reassures customers of their purpose. • Observe at close range (where possible to do so safely) and pay close attention to the manner in which Door Supervisors or Staff deal with any incident that involves the use of force, ensuring always that minimum force is used. (NB: Offenders will often complain that excessive force was used. Your presence and close attention will assist in rebutting any malicious complaints made against Door Supervisors or Staff). • Ensure, whenever Door Supervisors are employed, that at closing time (and until all customers have dispersed from the immediate vicinity) at least half of the Door Supervisors are positioned on the street outside the premises wearing High Visibility clothing to ensure that customers are dispersing in an orderly manner. • Ensure that Off-duty Door Supervisors do not get involved in incidents. (This is an area that has regularly proved to be problematic). 2.2.5 Follow-up actions • Whenever a member of staff is assaulted, customers are seriously assaulted or an incident involving the supply of illegal drugs occurs ensure that a prompt referral is made to “Pubwatch” for consideration of a City-Wide Ban of the offender by all members of “Pubwatch”. • Whenever a member of staff is assaulted, customers are seriously assaulted or an incident involving the supply of illegal drugs occurs and there is, for whatever reason, insufficient evidence to support a criminal prosecution of the offender ensure that a prompt referral is made to “Pubwatch” for consideration of a Civil Injunction using the “Pubwatch” Legal Fund. • Periodically carry out “Incident Analysis” to identify actual and potential “Flashpoint” locations or Crime & Disorder issues. Use the Incident Book to determine Repeat problems, areas of poor CCTV cover, vulnerable staff issues, training issues, etc. and ensure that staff are adequately updated. (When undertaking this Analysis the free advice and expertise of the Police Licensing or Crime Reduction departments should be sought if necessary). • Take suitable and appropriate steps to address problem areas that are identified as a result of “Incident Analysis”. • Take firm action against customers who are not acting in a satisfactory manner inside the premises or who are being disorderly as they leave. Actions such as threatening to ban the individual for a suitable period of time can be all that is required to curtail their excesses if customers have enjoyed their experience and intend to return. This simple action has been proved repeatedly to be more effective than the threat of arrest by a
148
17
Police Officer. Ignoring anti-social behaviour is likely to drive other (well behaved) customers away. • Discuss with the Police Licensing Department any Incident or Crime where things have gone completely wrong as a result of following these “Codes of Practice” or to suggest amendments, additions or further ideas as to how Crime & Disorder may be reduced in Lincoln. (Telephone 01522 882222 and ask for Lincoln Licensing Department). 2.3 Duties of Bar Staff 2.3.1 Familiarity with surroundings • Ensure they are aware of locations of CCTV cameras within and outside the premises. • Ensure they are aware of Evacuation Procedures and locations of fire-fighting equipment. • Ensure they are fully familiar with and implement the “Incident Management Protocol”. • Ensure they are aware of procedures in place for dealing with disruptive or antisocial (disorderly) customers, and their part (if any) in this. • Ensure they are familiar with all procedures relating to the Refusal to sell Alcohol to an individual. 2.3.2 Implementing Procedures & Good Practice • Always make an assessment of the state of sobriety of any customer purchasing Alcoholic drinks at the Bar. Symptoms such as slurred speech, glazed eyes, unsteadiness, and lack of co-ordination should be taken into account, but it should also be borne in mind that these symptoms are occasionally displayed by those suffering medical conditions. • Always make an assessment of a “young” customer‟s age based on the “Challenge 21” scheme whereby you should request a Photo Driving Licence or Passport from any person that appears to be under the age of 21 years, and refuse to serve alcoholic drinks unless that ID is produced. • If they consider that a customer should not be served alcohol, speak immediately to the Manager or person-in-charge and ask them to deal with the situation in accordance with the procedures in place. • If any young person produces a Driving Licence or Passport that has been fraudulently altered in order to deceive retain the item, and inform the Manager who will call the Police. • If any young person produces a Driving Licence or Passport that belongs to an older sibling, retain the item and inform the Manager who will call a Parent / Guardian if the young person is co-operative. In the event of non-co-operation the Police should be called. • Ensure that customers buying drinks at the Bar are not “in turn” supplying them to drunk or under-age individuals. • Ensure they are aware of all “Low-alcohol” drinks and “soft-drinks” available to customers and actively encourage their purchase.
149
18
• Actively promote the consumption of non-alcoholic drinks by drivers by either implementing the “I‟ll be Des” designated-driver initiative, or by pointing out the “Drivers Drinks-Display” at the Bar. • Offer secure storage of car keys on occasions where it is appropriate to do so, in order to discourage drink-driving. • Ensure empty bottles and glasses are removed promptly from the Bar. (These are potential weapons). • Ensure that valuable items (particularly cash) are kept out of reach of customers. • Ensure that charity-collecting boxes are secured to the Bar. • Ensure that they are aware of any “Vulnerable” individuals already within the premises. • If First Aid trained, will offer assistance to any Victim or Vulnerable individual and remain with that person until the problem has been resolved. Utilise the “Rest Area” (First Aid) area as appropriate to give a high degree of privacy and avoid embarrassment. • Maintain an awareness of what is taking place away from the Bar and be ready to co-operate immediately with any management request to close the Bar or to assist with dealing with a disruptive or antisocial (disorderly) customer. • In the event of a customer attempting to “jump the queue”, explain firmly and clearly to the individual that the other customer was there first. Queue jumping can often lead to disorder and should be actively discouraged by staff at all times. • If customers refuse to accept Staff decisions and become abusive or aggressive immediately inform the Manager of the premises. Do not continue to serve them until given “clearance” by the Manager (if at all). • In the event of any customer being insulting, abusive, racist, threatening, aggressive, or in any other way disorderly, immediately inform the Manager. Do not ignore these “warning signs” as they are likely to escalate to violence. • Be ready to co-operate immediately with any management request to assist with dealing with a “disruptive or antisocial” (disorderly) customer or to usher customers out of the premises. • Offer Cloakroom facilities to customers for the storage of Mobile Phones and Handbags where required in order to reduce opportunities for Thefts. • Collect any item of value (handbag, mobile phone, etc.) that is lying around on the Bar and vulnerable to Theft, put it in a safe place behind the Bar and immediately inform the Manager. • Ensure they are familiar with the Policy for dealing with customers who smoke inside the premises. Inform the Manager /Door Supervisors if customers are unco-operative. • Complete the Incident Book at the premises during or immediately after any incident of Crime or Disorder including date and time, details of persons involved (or descriptions), injuries or losses, exact location of the incident inside the premises, staff involved, Police involvement, outcome, etc. • Discuss with the Manager any failings in Policies or Procedures and suggest improvements. 2.4 Duties of Waiters and Glass Collectors • Ensure they are aware of locations of CCTV cameras within and outside the premises. • Ensure they are aware of Evacuation Procedures and locations of fire-fighting equipment.
150
19
• Ensure they are fully familiar with and implement the “Incident Management Protocol”. • Ensure they are aware of procedures in place for dealing with “disruptive or antisocial” (disorderly) customers and their part (if any) in this. • Ensure they are familiar with all procedures relating to the “Refusal to sell Alcohol” to an individual. • Ensure they are familiar with the Policy for dealing with customers who smoke inside the premises. Inform the Manager /Door Supervisors if customers are un-co-operative. • Proactively assist the Management in monitoring what is happening in all parts of the premises particularly those locations that are off-camera or „out of sight‟ from the Bar. This monitoring should be primarily visual but, at times, involve listening out for “heated” conversations, threats, abusive language, etc. • Ensure that they are aware of any “Vulnerable” individuals already within the premises. • Ensure that customers buying drinks at the Bar are not „in turn‟ taking them to drunk or under-age individuals in a hidden part of the premises. • Pay particular attention to “outside drinking and smoking areas” to ensure that customer behaviour outside the premises is not adversely impacting on neighbours or the Public and that Customers are not leaving with Bottles or Glasses. • Take particular note of groups that suddenly “fall silent” each time a member of staff approaches. • Take note of any individual who makes frequent trips to the Toilets as this is often a tell-tale sign of Drug Dealing. • When moving around the premises, monitor the sobriety of customers. Symptoms such as slurred speech, glazed eyes, unsteadiness and lack of co-ordination should be taken into account but it should also be borne in mind that these symptoms are occasionally displayed by those suffering medical conditions. • Bring to the immediate attention of the Manager/Door Supervisor any Vulnerable customers and anything about which they have a concern. • In the event of any customer being insulting, abusive, racist, threatening, aggressive, or in any other way disorderly, immediately inform the Manager. Do not ignore these „warning signs‟ as they are likely to escalate to violence. • Be ready to co-operate immediately with any management request to assist with dealing with a disruptive or antisocial (disorderly) customer or to usher customers out of the premises. • Ensure that all empty drinking vessels are cleared away in a timely fashion so as to reduce the risk of breakages or use as weapons. • Offer Cloakroom facilities to customers for the storage of Mobile Phones and Handbags where required in order to reduce opportunities for Thefts. • Collect any item of value (handbag, mobile phone, etc.) that is lying around and vulnerable to theft, put it in a safe place behind the Bar, and immediately inform the Manager. • Complete the Incident Book at the premises during or immediately after any incident of Crime or Disorder, including date and time, details of persons involved (or descriptions), injuries or losses, exact location of the incident inside the premises, staff involved, Police involvement, outcome, etc. • Discuss with the Manager any failings in Policies or Procedures and suggest improvements.
151
20
2.5 Duties of Door Supervisors 2.5.1 Familiarity with Premises and Procedures • Wear suitable items and SIA Badge to facilitate easy identification of their role. This will usually be a High-Visibility (HV) item-of-clothing during hours of darkness, an HV Armband containing their SIA Badge, or a Badge/Logo on their clothing. (The use of the words “Customer Safety” is considered Best Practice). • On the first period of employment at a premises report to the Manager and produce his/her SIA Badge. • Familiarise themselves with the general layout, First Aid facilities and First Aid trained Staff, Detention areas and CCTV camera locations of the particular premises at which they are employed, together with Fire Exits, Fire Alarms and fire-fighting equipment. • Ascertain the Maximum Capacity of the premises from the Manager or Fire Risk assessment and ensure they are fully aware of Evacuation procedures. • On each subsequent occasion, report to the Manager on arrival, “sign in” and discuss any concerns the Manager has in relation to existing customers, in particular ensuring that they are aware of any “Vulnerable” individuals already within the premises on their arrival. • Within the Law, act in accordance with the instructions given by the Management of the premises and under the control of the Head Door Supervisor. • Ensure they are fully familiar with and implement the “Incident Management Protocol”. • Ensure they are aware of procedures in place for dealing with disruptive or antisocial (disorderly) customers. • Ensure they are familiar with procedures in place for dealing with customers who are being refused drinks at the Bar due to their state of sobriety, their apparent age, their behaviour, or as the result of being a banned person. • Ensure they are familiar with procedures for dealing with customers who smoke inside the premises. • Avoid drinking Alcohol shortly before or during Duty as this potentially undermines their credibility as a witness. • Ensure that they know who is the person in charge of the premises at all times and the best method of contacting them quickly should the need arise. • Discuss with the Manager at the outset the “profile” of customers being welcomed into the premises on that particular occasion. • With the assistance of the Manager of the premises (if not separately authorised) regularly access the “lincolnbigsecurity.co.uk Online” to ensure up-to-date knowledge of all “High Risk” and Banned individuals. • Confirm that the Manager is happy to enforce a Ban against anyone whose details are contained on “lincolnbigsecurity.co.uk Online”. • Confirm whether “Radio-Link” is available for use. This permits instant communication with: 1. Lincoln City Camera Room – who will at a specific request monitor the entrance and outside of the premises using Street CCTV cameras. 2. Police “Safe in the City” patrols – who will, at a specific request, either attend the premises, or attend the immediate vicinity of your premises so as to provide a swift response should the need arise.
152
21
3. Door Supervisors in other nearby premises – who can provide “mutual aid” to the premises in order to detain offenders or restore calm prior to Police arrival (If previously agreed by the Manager with neighbouring premises). 4. The Street Pastors if they are on duty and available • Confirm that a “Mutual Aid” agreement is in place with neighbouring premises in respect of shared Door Supervisor resources for major incidents. • Confirm that a Mutual Aid agreement is in place with Taxis and Private Hire Drivers who are members of “Pubwatch”, in respect of Drivers actively seeking the aid of Door Supervisors in detaining violent or threatening passengers until the Police can attend. 2.5.2 Implementing Good Practice • Remain smartly-dressed and professional at all times when on duty. • Always be polite and courteous to all members of the Public avoiding the use of bad language even when provoked. • “Sign on” with the CCTV Operator to confirm your presence and that “Radio-Link” is working correctly. • Greet visitors to the premises in a friendly and courteous manner. • Work together, under the control of the Head Door Supervisor, to ensure that the point of entry and exits remain under supervision whilst also monitoring and dealing with activity inside the premises. • Maintain regular contact with the Manager and bring to his attention any potential or actual problems. • Inform the Manager when 75% of the Capacity for the premises has been reached and again when it reaches Capacity. • Implement a “one-in / one-out” policy when full Capacity has been reached. • Maintain regular “eye contact” and occasional verbal contact (if possible) with other staff. • Ensure that all staff are swiftly and fully supported if “refusal” procedures are activated or staff otherwise seek the support of Door Supervisors. • Ensure that “Toilet Checks” are carried out at frequent intervals to deter assaults taking place “off-camera” and to deter illegal Drug activity. • Pay particular attention to “outside drinking and smoking areas” to ensure that customer behaviour outside the premises is not adversely impacting on neighbours or the Public and that Customers are not leaving with Bottles or Glasses. • Ensure that Off-duty Door Supervisors do not get involved in dealing with incidents at the premises. • Seek to develop a good rapport with all other members of the Evening Economy including the Emergency services. • Co-operate fully with members of the Police, Local Authority, or other statutory agencies involved in the Evening Economy. • Make a positive contribution to the success of the Business at which employed. 2.5.3 Screening Customers at Point-of-Entry
153
22
1. Refuse entry to “High Risk” individuals who have been issued with a “Pubwatch” City-wide Ban. Pass this information on by “Radio-Link” to Lincoln City CCTV room, Police, and other Licensed Premises. Include a detailed description of the Individual. 2. Seek proper identification (Photo Driving Licence or Passport) from any person who appears to be under the age of 21 years. Refuse entry in accordance with management policy. 3. Seek to detain any young person who produces a Driving Licence or Passport that has been fraudulently altered in order to deceive. The Police should be called. 4. Seek to detain any young person who produces a Driving Licence or Passport that belongs to an older sibling. A Parent / Guardian should be called if the young person is co-operative, and the item retained for collection by the Passport / Licence owner with supporting documents. In the event of non co-operation the Police should be called. 5. Identify those who are drunk and refuse them entry to the premises in accordance with management policy. Symptoms such as slurred speech, glazed eyes, unsteadiness, and lack of co-ordination should be taken into account but it should also be borne in mind that these symptoms are occasionally displayed by those suffering medical conditions. 6. Identify those who have already consumed a significant quantity of alcohol (but are not deemed drunk) and draw the Manager‟s attention to this individual so that their entry is either refused or their further intake of Alcohol is monitored. 7. Identify those who arrive at the premises who are extremely drunk (to the point of being “Vulnerable”) and either seek to assist these individual‟s safe transport home, eg: call a Taxi on their behalf or if there is no co-operation use the “Radio-Link” to alert the Lincoln City CCTV Room, Police “Safe in the City” patrols and other licensed premises. Consider the use of Street Pastors if they are on duty and available 8. Carry out random searches of customers for Drugs or Weapons in accordance with management policy (generally 1 in 5 to 1 in 10), advising customers that it is a “condition of entry” and a voluntary procedure. Be aware that customers have the right to decline a search and may walk away instead if they wish. If this occurs and there is any other suggestion (from any source) of the individual being in possession of Drugs or Weapons, use “Radio-Link” to alert the Lincoln City CCTV Room, “Safe in the City” Patrols and neighbouring premises. A Police search of the individual will then be considered. It should be considered likely that this individual is in possession of Drugs or a Weapon. If a search is refused – admission MUST be denied. 9. In the event that Drugs or Weapons are found detain the Offender and call Police. Place items in an Evidence Bag (supplied by Police) and then arrange for the Manager to place items in the Safe. 2.5.4 Disorderly Customers & Ejection Procedure • In the event of Disorder between Customers, separate the parties and seek to identify “Aggressor” and “Victim”. If ejecting an Aggressor, use a “designated” exit that is
154
23
covered by CCTV and ensure their dispersal from the immediate vicinity (or otherwise) is monitored. Do not eject a Victim (or allow to leave) if the Aggressor has been ejected and is still outside the premises. Alert the Police by Telephone, “Radio Link” or by 999 if the Aggressor is harassing innocent and uninvolved Passers-by. • Following any Ejection pass this information on by “Radio-Link” to Lincoln City CCTV Room, Police and other Licensed Premises. Include a detailed description of the Individual. • Encourage Victims and the “Vulnerable” to leave the premises in the company of at least one friend or to take safe transport home eg: Taxi/ Private Hire from the Door using Door Supervisors to escort to the vehicle. If Victims or the “Vulnerable” are driving home in their own car, consider utilising a member of Staff or the Street Pastors as escort to their vehicle nearby. • When dealing with any incident that involves the use of force ensure that only minimum force is used and then only when necessary. Remember that customers‟ “pain thresholds” are affected by Alcohol. (NB: Offenders will often complain that excessive force was used. Door Supervisors are at risk of Civil and Criminal proceedings if this is the case). • Ensure that a minimum of two Door Supervisors are allocated to deal with any incident involving a disruptive or antisocial (disorderly) customer. (This will rise to a minimum of three staff if more than one disorderly person is involved). This “outnumbering” technique places “pressure” on the offender to conform and, of course, provides greater safety for the Door Supervisor dealing. The second and third Door Supervisors will also act as a witness in the event of any assault. • Ensure that one Door Supervisor “firmly, clearly and politely” requests the disorderly customer to refrain from his/her antisocial behaviour. • If disruptive behaviour continues firmly but politely request the offender to leave the premises, allowing them a short time to collect their belongings. • If the individual refuses to leave they should ideally be given a “final opportunity” to leave the premises of their own accord. It should be pointed out to them that it is an offence to remain in the premises when requested to leave and that Door Supervisors have a right to eject if necessary. • If the individual still refuses to leave two Door Supervisors should take hold of the person firmly by the arms / upper arms (one Door Supervisor each side) and escort the individual out of the Bar to the Door and eject them onto the street a few yards from the premises but releasing them with care and not “throwing” them out so as to fall over. A third Door Supervisor (if available) or the Manager should oversee this procedure from a position to the side or behind (to avoid possibility of spitting and kicking) and assist if the need arises. For example it would be in order for the third person to hold the individual‟s head in the “straight-ahead” position or angled-down if the person is spitting at the Door Supervisors holding him/her. • In the event that the individual assaults any Door Supervisor during this procedure so as to cause any injury, consider detaining the offender and calling the Police. (Spitting would be regarded as ABH if it contacts the skin or as Criminal Damage if it lands on clothing). • Ensure that, where possible, detained individuals are placed in the “Detention Area” allocated for this purpose. If this is not possible they should be brought under the nearest CCTV camera so that their identity and demeanour is captured on tape. • If, due to the demeanour or threats of an individual, violence is anticipated at the start of any incident, call the Police on 999 to assist in removing the person from the premises. This telephone call should preferably be done “out of reach and out of sight”
155
24
of the individual who may otherwise try to prevent the call being made. If the situation resolves itself prior to the Police arriving simply update the Police by telephone or “Radio-Link”. • In the event that a disorderly group is to be ejected and violence is anticipated call the Police on 999 to assist in removing the group from the premises and try to calm or contain the problem whilst awaiting their arrival. It may be best to await arrival of Police before requesting the group to leave. Ensure that innocent customers are not inadvertently caught up in the situation. • Remain calm when speaking to the Police call-taker and provide clear details of the incident together with the fact that the person is “refusing to leave” and that you “anticipate violence” if any attempt is made to eject him/her forcibly. Include a clear description of the individual. In the event of a group, ensure the call-taker is given approximate numbers of persons so that appropriate Police resources can be sent. • Ensure that Door Supervisors continue to monitor the individual(s) closely from a “personal safety” distance until the Police arrive. Remind the Manager to prepare a “Banning Notice” for the offender(s) whilst awaiting the arrival of the Police. • In the event of any “sudden outbreak of violence” alert other Door Supervisors and Police at the earliest opportunity, 999 or “Radio-Link” in order that early-intervention and a robust response may be made, and the offenders detained by use of minimum force, if safe to do so. • If any weapon such as a firearm, knife, broken bottle or hypodermic needle is used in any incident make no attempt to overpower or detain the individual unless absolutely necessary for the protection of others. Call the Police on 999 to arrest and remove the person from the premises ensuring that full details of the incident and the weapon are relayed. Ensure that this telephone call is made “out of the hearing and sight” of the individual who may otherwise try to prevent the call being made. Remain on the telephone line to the Police, if possible, until the first Officers arrive. • In the event of any serious incident, such as those involving weapons, implement the Evacuation Procedure by staff (if possible). C.S. Spray, Taser Stun Gun, Firearms, Protective Shields and Police Dog are likely to be deployed at the scene by Officers wearing protective stab-proof and bullet-proof vests. The presence of customers other than the Offender will hinder Police actions and place spectators at risk. • In any incident of any Disorder turn off loud music, stop entertainment and close the bar if necessary. This prevents disruptive behaviour from being “masked” by other normal activity. It also draws the attention of everyone in the premises to the problem thereby providing a greater number of witnesses and “peer pressure” on the offender. It also permits innocent customers to move a safe distance from problematic individuals if they wish rather than being innocently caught up in events. It also greatly facilitates communication between Management, Door Supervisors, Staff, Police, Victims, and Offenders. • On the arrival of the Police state clearly to the Officers (if possible in the presence of the Disorderly Customers) what action you are seeking ie: simple ejection of disorderly individuals or arrest of Offenders. • If ejection, inform the Officers that you have asked the person(s) to leave and that they have refused to leave (or are about to ask them to leave if not yet carried out). Inform the Officer that you will, if the Officer wishes, support any action they deem appropriate for any offence of “failing to leave Licensed premises when requested”. (Such as the issue of an £80 Penalty Notice or Court proceedings).
156
25
• If arrest, inform the Officers of the offences committed and that you will support any action they deem appropriate for the offence including the making of a written statement and attendance at Court proceedings if necessary. • Ensure that any Banning Notice is handed to the Offender in the presence of the Officers. In the event that the offender is arrested provide a “Banning Notice” to the Officers for service on the offender whilst in custody. (Details of the offender can usually be obtained when Officers first request them of the Offender or may be supplied later by the Officer serving the Banning Notice). • Make a note of the Police Officers‟ “collar numbers” or names for future reference. Also the Police Incident Number. Enter this in the Incident Book. • Pay close attention to any complaint of violence or illegal-drugs within the premises. Obtain details of the complainant and details (or a good description) of all parties involved. • Ensure that they (under the guidance of the person in charge) take full control of any situation where an individual is detained. The detainee is likely to seek any opportunity to escape. The detainee must be watched constantly and at close hand so that they do not have the opportunity to escape, discard or swallow drugs in their possession, pull weapons from their pockets or grab at items “to hand” that may be used as a weapon with which to assault staff unexpectedly, etc. This close observation and adequate supervision is imperative or a relatively minor situation can suddenly become considerably more serious. A “two to one” Door Supervisor/Offender ratio should ideally be adopted. If necessary minimum force may be used to detain the Offender whilst awaiting the arrival of the Police. • Maintain a “Weapons Awareness” at all times and do not place yourself at Risk if weapons are wielded. • Ensure that where any member of staff is assaulted, customers are seriously assaulted or an incident occurs involving the supply of illegal drugs that the Police are promptly alerted by Telephone or “Radio-link” so that the offender may be dealt with in an appropriate manner. • Identify, with experience “threatening atmospheres” where situations are “threatening to get out of control”. Do not ignore intuitive concerns. They will usually be right and based on previous experience. 2.5.5 Acting promptly and proactively • Call the Police at the outset. Do not delay calling the Police until your fears have been confirmed and the situation has deteriorated. You will not be criticised for calling the Police unnecessarily. Remember that there will be a delay (of up to 10 minutes) between the Police being called and their attendance at the premises. Early attendance by the Police can often “nip a problem in the bud” and prevent it escalating. This contributes to efficient policing methods. • Turn off loud Music. Stop Entertainment. Close the Bar. This prevents disruptive behaviour from being “masked” by other activity. It also draws the attention of everyone in the premises to the problem thereby providing a greater number of witnesses and “peer pressure”. It also allows innocent customers to move a safe distance from problematic individuals if they wish rather than being innocently caught up in events. It also greatly facilitates communication between Management, Door Supervisors, Staff, Police, Victims, and Offenders. • Remember - Delays can lead to a “full-scale” Incidents resulting in:
157
26
1. Injuries to staff or customers - involving human cost. 2. Injured staff out of action for a period involving difficulties running the business. 3. Damage to the premises – involving disruption to normal business, costly repairs, and Insurance claims. 4. Lost trade – perhaps requiring expensive advertising costs to re-establish previous trade levels. 5. Statement making – involving considerable loss of time and business disruption. 6. Court attendance – involving a day off work and the arrangement of a replacement Manager/staff. • If the situation defuses completely prior to Police attendance (for example the disruptive group leaves the premises) simply telephone this information through. The group will then be monitored on the street by CCTV or “Safe in the City” patrols). If on “Radio-Link” alert other premises so the offenders are refused entry elsewhere. 2.5.6 Monitoring Dispersal • Ensure that at closing time and until all customers have dispersed from the immediate vicinity at least half of the Door Supervisors are positioned on the street outside the premises wearing High Visibility clothing to ensure that customers are dispersing in an orderly manner. • Identify “Vulnerable” individuals as they leave the premises and offer to assist them in arranging safe transport home. Offer use of the “Rest Area” (First Aid area) as necessary whilst Transport, Relatives, Carers, Friends, Parents, etc are contacted and arrange a member of Staff or the Street Pastors to accompany. Inform any Taxi Driver or Private Hire Driver that the customer is a “Vulnerable” Individual. If the individual refuses help when they are clearly in need of help, use the “Radio-Link” to alert the Lincoln City CCTV Room who will, if possible check on the individual‟s welfare using the Street cameras and involve other agencies, e.g. Street Pastors, as necessary. • If the opportunity presents itself encourage customers who are intending to drive home to leave their car keys in secure storage at the premises in order to discourage drink-driving. Offer to arrange alternative Transport. • Remove bottles and glasses from customers seeking to carry them from the premises onto the streets. • Monitor customer dispersal to ensure that customers are dispersing in an orderly manner. • Take action against customers who are not acting in a satisfactory manner either inside the premises or who are being disorderly as they leave. Actions such as threatening to ban the individual for a suitable period of time can be all that is required to curb their behaviour if customers have enjoyed their experience and intend to return. This simple action has been proved repeatedly to be more effective than the “threat of arrest” by a Police Officer.
158
27
2.5.7 Taxi & Private Hire Safety Door Supervisors will: • Appreciate the potential dangers that face Customers if they get into the vehicle of a “stranger” purporting to be a Taxi or Private Hire Driver and that these dangers are even more acute if the customer is a “Vulnerable” Individual. • Check that Taxis and pre-arranged Private Hire vehicles collecting customers from the premises or nearby are bone-fide vehicles licensed by the Lincoln City Council (possibly by another Council if Private Hire) and are fitted with a numbered Licence Plate on the rear. • In the event that a Driver is believed to Unlicensed and is a “Taxi Tout”, (ie: fraudulently purporting to be a legitimate Taxi / Private Hire Driver) challenge them to produce their identity and credentials. If they fail to co-operate then Door Supervisors should if safe to do so: 1. Seize the Car Keys to prevent the vehicle being driven away. 2. Detain the individual for the Offence of “Touting for Hire Car Services”. 3. Call the Police on 999 or “Radio-Link”. 2.5.8 Follow-up • Complete the Incident Book at the premises during or immediately after any incident of Crime or Disorder including date and time, details of persons involved (or descriptions), injuries or losses, exact location of the incident inside the premises, staff involved, Police involvement, outcome, etc. (This information will be required by the Manager for a periodic Review of Crime & Disorder and Risk Reduction). • Ensure a recommendation is made to the Manager on all appropriate occasions for a Banning Letter and “Pubwatch” Ban to be considered. • Discuss with the Manager any failings in Policies or Procedures and suggest improvements.
159
28
3. OFF-LICENCES, LATE-NIGHT SHOPS & CONVENIENCE STORES 3.1 Duties of the Premises Licence Holder • At the design stage, or at the time of any refurbishment, consider the positive effect that the design and layout of the premises may have on reducing alcohol-related crime & disorder and assisting in the promotion of staff and customer safety. The document “Secure by Design - Licensed Premises” (April 2005) provides valuable guidance that should be used in the design and/or renovation of all premises. The Police Architect Liaison Officer will also offer free design advice and guidance regarding this important basic step. • Install a high quality CCTV system that is capable of producing clear recorded images in all lighting and weather conditions. This should include at least one camera covering the entrance doorway. The captured images must be of a quality sufficient for admission as evidence for the purposes of identification. 3.2 Duties of the Designated Premises Supervisor • Prepare an “Incident Management Protocol” specifically to include advice on dealing with Disorder, an Early-intervention plan, an Ejection Policy and advice regarding Use of Force. This Protocol should include Duty Managers, staff and Door Supervisors and include some of the appropriate Codes of Practice contained herein. • Ensure all Staff are adequately trained regarding the “Incident Management Protocol” and that it is implemented by Duty Managers, Staff, and Security Officers. • Operate a policy of “Zero Tolerance” in respect of customers who are abusive or threatening, or customers who commit offences of theft/deception. Consideration should be given to displaying notices informing customers of such a policy and/or membership of “Pubwatch” (where applicable). • Implement the “Challenge 21” Scheme at the premises whereby staff are trained to request a Photo Driving Licence or Passport from any person who appears to be under the age of 21 years and alcoholic drinks are refused unless that ID is produced. • Appoint a named CCTV manager and deputy to take responsibility for the system. • Ensure that the CCTV system is properly maintained and operating at all times that the premises are open for business and that footage is stored for a minimum of 28 days. • Train adequate numbers of suitable staff (eg: Duty Managers) to use the CCTV system to its full potential thus ensuring that a member of staff is always available to replay footage and download material onto DVD/CD/VIDEO following an incident. • Ensure that a responsible and capable individual is left in charge of the premises at all times and in particular at peak periods or at times of increased risk such as evenings and weekends. • Implement a minimum staffing level of two persons during any period of business between 21.00hrs and 06.00hrs. One of these members of staff to be 21yrs or older. ([email protected] scheme). • Maintain a “broad overview” of the premises and all staff whenever they are open for trading.
160
29
• Identify “Higher Risk Occasions” when management of the premises is at its most challenging, for example Friday/Saturday nights. • Consider the deployment of additional and/or security staff at identified periods of increased risk. • Pay attention to the outside of the premises and the immediate area to ensure that customers or other persons are not loitering or behaving in a manner likely to impact on neighbours or the public.
Ensure that stocks of alcoholic drinks are positioned adjacent to or in close proximity to the checkouts for security reasons and not near to exits where they can easily be stolen. • Refrain from offering “free” Alcoholic Products (such as Buy One Get One Free). • Refrain from discounting Alcoholic Products below Cost Price, ie: not used as a “Loss-leader”. • Consider the labelling of alcoholic products with stickers carrying a warning regarding alcohol abuse and the name of the store. This would assist in the tracing of the source of any alcohol purchased by under 18s and in cases of littering. • Ensure that adequate procedures are in place for dealing with customers who are being refused service due to their drunkenness, their apparent age, their behaviour or as the result of being a banned person. • Ensure that staff are fully supported if these “refusal” procedures are activated. • Implement sanctions against such customers such as a “verbal warning” or “ban”. • Ensure that where a member of staff or customer is assaulted or an incident occurs requiring the attendance of Police, that the Police are promptly alerted by telephone or “Radio-Link” so that the offender may be dealt with in an appropriate manner. Where such action is taken the Manager will also ensure that: 1.Any CCTV footage of the incident is promptly downloaded/saved to provide primary evidence for prosecution purposes. 2. Staff are made available promptly (when requested) for the making of a written statement. 3. Maintain an incident book at the premises and ensure that all staff use it to record brief details of any incident of crime or disorder, including date and time, details of persons involved (or descriptions), exact location of the incident inside the premises, staff involved, Police involvement, outcome, etc. The use of such a book will ensure that all staff are aware of any ongoing problems and the persons responsible. (Failure to comply should be a disciplinary offence, as it indirectly places all staff under higher risk in the future). • Ensure that recorded incidents are appropriately reported to Police / “Lincoln BIG Security Group” in order that intelligence can be gathered to make informed decisions regarding possible banning or other procedures. • Ensure that all waste is kept secure until collection. • Facilitate the removal of litter and waste from frontage and 10 metres either side of premises during and after peak trading hours.
161
30
• Regularly check the area immediately outside of the premises to ensure that persons are not loitering outside or behaving in a manner likely to impact on customers, neighbours or the public. • Regularly check the area immediately outside of the premises to ensure that under-age youths are not harassing customers into illegally buying Alcohol for them. (Proxy purchasing). • Act positively on receiving any report from a customer that they have just been approached by youths nearby asking them to purchase Alcohol for them. • In the event of youths harassing customers to buy Alcohol, take the following steps: 1. Politely request the youths to move away from the shop. Ensure that a second member of staff is nearby and witnessing events. Do not get into a prolonged discussion or argument. 2. If they remain at the scene for more than five minutes or continue to harass customers, call the Police on 01522 882222 and supply details of the problem to the Call-taker. 3. If they cause additional problems eg: shouting prolonged abuse or threats, banging windows, etc. call the Police on 999. • Maintain active membership of “Pubwatch” to facilitate the exchange and sharing of intelligence/good practice. • Actively support and promote any ban made under the “Pubwatch” scheme. • Maintain active membership of “lincolnbigsecurity.co.uk Online” system and familiarise themselves with all “high risk offenders” and banned individuals. • Arrange the use of “Radio-Link” where it is judged to be necessary. This permits instant communication with: 1. Lincoln City Camera Room – who will, where possible, at your specific request monitor the entrance and outside of the premises using Street CCTV cameras. 2. Police “Safe in the City” patrols – who will, at your specific request, either attend the premises or attend the immediate vicinity of your premises so as to provide a swift response should the need arise. 3. Security staff in other nearby premises – who can provide „mutual aid‟ to the premises in order to detain offenders or restore calm prior to Police arrival. • Where employed ensure that any Door Supervisors/Security Staff are registered and in possession of a current Badge. The Manager should carry out an “Instant-check” on the SIA Website Register on the first occasion that such staff work at the premises, to ensure that any Badge being produced has not, in fact, been subsequently revoked by the SIA. (www.the-sia.org.uk) • Check the photo on the Door Supervisor/Security staff badge against the employee to ensure they match. • Refuse to allow any un-badged Door Supervisor/Security staff to work on the premises. (In the event of any incident
162
31
involving injury there would be a high liability against a Manager who permits an unlicensed employee to carry out Door Supervision). • Maintain a register of Door Supervisors/Security Staff employed at the premises and ensure they “sign in” and “sign out”. • Speak to Door Supervisors on their arrival each day to ensure they are not under the influence of Alcohol, Drugs, or exceptional stress that could lead to irrational actions. (Door Supervisors need to be “level-headed” at all times). 3.2 Duties of Staff • Seek proper identification/proof of age from any person attempting to purchase alcohol who appears to be under 21 yrs of age. (Challenge 21 Scheme). • Seek to identify those who have already consumed a significant quantity of alcohol (but are not deemed to be drunk) and should draw the Manager‟s attention to that individual in order that a decision can be made whether or not to allow the purchase to proceed. • Familiarise themselves with all “high risk offenders” and banned individuals (through use of “lincolnbigsecurity.co.uk Online”). • Actively support any ban on a customer (whether it be a scheme wide ban or particular to that store). • Ensure that where a member of staff or customer is assaulted or an incident occurs requiring the attendance of Police that the Police are promptly alerted by telephone or “Radio-Link” so that the offender may be dealt with in an appropriate manner. • Ensure that any incidents of crime or disorder are entered in the incident book with appropriate details eg: descriptions, names etc. • Ensure that they are familiar with the operation and use of “Radio-Link” (where appropriate) and that any faults are promptly reported to the Manager. • Ensure that the CCTV system is operating at all times that the premises are open for business and that any faults are promptly reported to the Manager. • Ensure that all waste is kept secure until collection. • Remove all litter and waste from the frontage and 10 metres either side of the premises during and after peak trading hours. 3.3 Duties of Security Staff • Security staff will when undertaking duties controlling entry to the premises:
a) Wear suitable items to facilitate easy identification of their role. b) Seek to identify at point-of-entry those who are drunk and refuse them
entry. Symptoms such as slurred speech, unsteadiness, lack of co-ordination and smell of alcohol should be taken into account. It should be borne in mind that these symptoms are occasionally displayed by those suffering medical conditions.
c) Seek to identify those who are extremely drunk (to the point of being Vulnerable) and seek to assist these individuals to obtain safe transport home, eg: call a Taxi on their behalf or if there is no co-operation use “Radio-Link” to alert other Licensed premises, the Police Camera Room and Police “Safe in the City” patrols.
• Security staff will during business hours:
163
32
a) Ensure that they are familiar with the operation and use of “Radio Link”
(where appropriate) and that any faults are promptly reported to the Manager.
b) Familiarise themselves with all “high risk offenders” and banned individuals through use of “lincolnbigsecurity.co.uk Online”.
c) Actively support any ban on a customer (whether it be a scheme wide ban or particular to that store).
d) Ensure that any incidents of crime or disorder are entered in the incident
book with appropriate details eg: descriptions, names etc.
164
33
4 SUPERMARKETS 4.1 Duties of the Premises Licence Holder • At the design stage or at the time of any refurbishment consider the positive effect that the design and layout of the premises may have on reducing alcohol related crime and disorder and assisting in the promotion of staff and customer safety. The document “secure by Design – Licensed Premises” (April 2005) provides valuable guidance that should be used in the design and/or renovation of all premises. The Police Architect Liaison Officer will offer free design advice and guidance regarding this important basic step. • Install a high quality CCTV system that is capable of producing clear recorded images in all lighting and weather conditions. This should included at least one camera covering the entrance doorway. The captured images must be of a quality sufficient for admission as evidence for the purposes of identification. 4.2 Duties of the Designated Premises Supervisor • Maintain an incident book at the premises and ensure that all staff use it to record brief details of any incident of crime or disorder, including date and time, details of persons involved (or descriptions), exact location of the incident inside the premises, staff involved, Police involvement, outcome, etc. The use of such a book will ensure that all staff are aware of any ongoing problems and the persons responsible. • Operate a policy of “Zero Tolerance” in respect of customers who are abusive or threatening, or customers who commit offences of theft/deception. Consideration should be given to displaying notices informing customers of such a policy • Implement the “Challenge 21” Scheme at the premises, whereby staff are trained to request a Photo Driving Licence or Passport from any person that appears to be under the age of 21 years, and alcoholic drinks are refused unless that ID is produced. • Appoint a named CCTV Manager and Deputy to take responsibility for the system. • Ensure that the CCTV system is properly maintained and operating at all times that the premises are open for business and that footage is stored for a minimum of 28 days. • Train adequate members of suitable staff (eg: Duty Managers) to use the CCTV system to its full potential thus ensuring that a member of staff is always available to reply footage and download material onto DVD/CD/VIDEO following an incident. • Maintain a “broad overview” of the premises and all staff whenever they are open for trading. • Identify “Higher Risk Occasions” when management of the premises is at its most challenging, for example Friday/Saturday nights. • Consider the deployment of additional and/or security staff at identified periods of increased risk. • Pay attention to the outside of the premises and the immediate area to ensure that customers or other persons are not loitering or behaving in a manner likely to impact on neighbours or the public.
165
34
• Implement sanctions against such customers such as a “verbal warning” or “ban”. • Ensure that where a member of staff or customer is assaulted or an incident occurs requiring the attendance of Police that the Police are promptly alerted by telephone or “Radio-Link” so that the offender may be dealt with in an appropriate manner. Where such action is taken the Manager will also ensure that:
a) Any CCTV footage of the incident is promptly downloaded/saved to provide primary evidence for prosecution purposes.
b) Staff are made available promptly (when requested) for the making of a written statement.
• Ensure that recorded incidents are appropriately reported to Police / “Lincoln BIG Security Group” in order that intelligence can be gathered to make informed decisions regarding possible banning or other procedures. • Refrain from discounting alcoholic products at or below cost price (ie: “loss leader”). • Ensure that displays of alcoholic drinks/products are appropriately sighted within the store to minimise opportunities for theft. Consideration should also be given to the use of security measures such as tagging of products. • Ensure that adequate procedures are in place for dealing with customers who are being refused service, due either to their state of sobriety, their apparent age, their behaviour, or as the result of being a banned person. • Ensure that staff are fully supported if these “refusal” procedures are activated. • Ensure that all waste is kept secure until collection. • Remove all litter and waste from the frontage and 10 metres either side of the premises during and after peak trading hours. • Consider membership of Lincoln “Pubwatch” to facilitate the exchange and sharing of intelligence/good practice with the aim of reducing crime and disorder. • Consider the hire and use of the “Radio-Link” system where membership of Lincoln Safe is taken up. • Actively support and promote any exclusion made under the “Pubwatch” scheme where membership is taken up. 4.3. Duties of Staff • Seek proper identification/proof of age from any person attempting to purchase alcohol who appears to be under 21 yrs of age. (Challenge 21 Scheme). • Seek to identify those who have already consumed a significant quantity of alcohol (but are not deemed to be drunk) and should draw the Manager‟s attention to that individual in order that a decision can be made whether or not to allow the purchase to proceed. • Actively support any ban on a customer (whether it be a scheme wide ban or particular to that store). • Ensure that where a member of staff or customer is assaulted or an incident occurs requiring the attendance of Police that the Police are promptly alerted by telephone or “Radio-Link” so that the offender may be dealt with in an appropriate manner. • Ensure that any incidents of crime or disorder are entered in the incident book with appropriate details eg: descriptions, names etc.
166
35
• Ensure that they are familiar with the operation and use of “Radio-Link” (where appropriate) and that any faults are promptly reported to the Manager. • Ensure that the CCTV system is operating at all times that the premises are open for business and that any known faults are promptly reported to the Manager. • Ensure that all waste is kept secure until collection. • Remove all litter and waste from the frontage and 10 metres either side of the premises during and after peak trading hours. 4.4 Duties of Security Staff • Ensure that they are familiar with the operation and use of “Radio-Link” (where appropriate) and that any faults are promptly reported to the Manager. • Ensure that the CCTV system is operating at all times that the premises are open for business and that any faults are promptly reported to the Manager. • Actively support any ban on a customer (whether it be a scheme wide ban or particular to that store). • Seek to identify at point-of-entry those who are drunk and will refuse them entry. Symptoms such as slurred speech, unsteadiness, lack of co-ordination and smell of alcohol should be taken into account. It should be borne in mind that these symptoms are occasionally displayed by those suffering medical conditions. • Ensure that where a member of staff or customer is assaulted or an incident occurs requiring the attendance of Police, that the Police are promptly alerted by telephone or “Radio-Link” so that the offender may be dealt with in an appropriate manner. • Ensure that any incidents of crime or disorder are entered in the incident book with appropriate details eg: descriptions, names etc
167
36
5 RESTAURANTS 5.1 Duties of the Premises Licence Holder • At the design stage, or at the time of any refurbishment, consider the positive effect that the design and layout of the shop floor may have on reducing alcohol related crime and disorder and assisting in the promotion of staff and customer safety. The Police Architect Liaison Officer will offer free design advice and guidance regarding this important step. • Consider the installation of a high quality CCTV system that is capable of producing clear recorded images in all lighting and weather conditions. The captured images must be of a quality sufficient for admission as evidence for the purposes of identification. 5.2 Duties of the Designated Premises Supervisor • Maintain an incident book at the premises and ensure that all staff use it to record brief details of any incident of crime or disorder, including date & time, details of persons involved (or descriptions), exact location of the incident inside the premises, staff involved, Police involvement, outcome, etc. The use of such a book will ensure that all staff are aware of any ongoing problems and the persons responsible. • Seek proper identification/proof of age from any person attempting to purchase alcohol who appears to be under 21 yrs of age. (Challenge 21 Scheme). • Appoint a named CCTV Manager and Deputy to take responsibility for such a system. • Ensure that any CCTV system is properly maintained and operating at all times that the premises are open for business. • Train adequate numbers of suitable staff (eg: Duty Managers) to use the CCTV system to its full potential thus ensuring that a member of staff is always available to reply footage and download material onto DVD/CD/VIDEO following an incident. • Identify „Higher Risk Occasions‟ when management of the premises is at its most challenging for example Friday/Saturday nights. • Consider the deployment of additional and/or security staff at identified periods of increased risk. • Maintain a “broad overview” of the premises and all staff whenever they are open for trading. • Pay attention to the outside of the premises and the immediate area to ensure that customers or other persons are not loitering or behaving in a manner likely to impact on neighbours or the public. • Ensure that recorded incidents are appropriately reported to Police / Lincoln Safe co-ordinator in order that intelligence can be gathered to make informed decisions regarding possible banning or other procedures.
168
37
• Ensure that adequate procedures are in place for dealing with customers who are being refused service, due either to their state of sobriety, their apparent age, their behaviour, or as the result of being a banned person. • Ensure that staff are fully supported if these “refusal” procedures are activated. • Arrange a “Mutual Aid” agreement with neighbouring premises in respect of shared Door Supervisor resources for major incidents. • Operate a policy of “Zero Tolerance” in respect of customers who are abusive or threatening, or customers who commit offences of theft/deception. Consideration should be given to displaying notices informing customers of such a policy and/or membership of “Pubwatch” (where applicable). • Implement sanctions against such customers such as a “verbal warning” or “ban”. • Ensure that a variety of “low-alcohol drinks” are readily available as an alternative for customers. Not only does this increase customer choice but reduces alcohol intake and risks of disorder with no reduction in profits. • Ensure that a wide variety of “soft-drinks” are readily available for purchase by customers as an alternative to alcoholic drinks. • Ensure that low-alcohol and non-alcoholic beverages are advertised as an option in any price list/menu. • Actively promote the consumption of non-alcoholic drinks by drivers by either implementing the “I‟ll be Des” designated-driver initiative, or by implementing an attractive “drivers drinks display” at the Bar. • Ensure that toilet checks are carried out at frequent intervals to deter assaults taking place “off-camera” and to deter illegal drug activity. • Ensure, at closing time, that adequate monitoring of customer dispersal takes place by staff or door supervisors to ensure that customers are dispersing in an orderly manner. • Ensure that any customer is provided with necessary assistance to facilitate the arranging of safe transport home. For example this should include a list of transport providers (Taxi & Private Hire operators, Night Bus details) and the free use of a telephone to arrange transport. • Ensure that all waste is kept secure until collection. • Remove all litter and waste from the frontage and 10 metres either side of the premises during and after peak trading hours. 5.3 Duties of Staff • Seek to identify those who have already consumed a significant quantity of alcohol (but are not deemed to be drunk) and should draw the Manager‟s attention to that individual in order that a decision can be made whether or not to allow the purchase to proceed. • Actively support any ban on a customer (whether it be a scheme wide ban or particular to that store). • Ensure that where a member of staff or customer is assaulted or an incident occurs requiring the attendance of Police that the Police are promptly alerted by telephone or “Radio-Link” so that the offender may be dealt with in an appropriate manner. • Ensure that any incidents of crime or disorder are entered in the incident book with appropriate details eg: descriptions, names etc. • Ensure that they are familiar with the operation and use of “Radio-Link” (where appropriate) and that any faults are promptly reported to the Manager.
169
38
• Ensure that the CCTV system is operating at all times that the premises are open for business and that any known faults are promptly reported to the manager. • Consider membership of “Pubwatch” to facilitate the exchange and sharing of intelligence/good practice with the aim of reducing crime and disorder. • Consider the hire and use of the “Radio-link” system where membership of “Pubwatch” is taken up. • Actively support and promote any ban made under the “Pubwatch” scheme, where membership is taken up. • Ensure that the „Challenge 21‟ scheme is implemented at the premises and that staff are trained and made aware of their responsibilities under the scheme.
170
39
6. TAKEAWAYS 6.1 Duties of Owners • At the design stage, or at the time of any refurbishment, consider the positive effect that the design and layout of the premises may have on reducing alcohol-related crime & disorder and assisting in the promotion of staff & customer safety. The document “Secure by Design - Licensed Premises” (April 2005) provides valuable guidance that should be used in the design and/or renovation of all premises. The Police Architect Liaison Officer will also offer free design advice and guidance regarding this important basic step. • Install a high-quality CCTV system that is capable of producing a clear, recorded image in all lighting and weather conditions that can reasonably be expected. The image must capture sufficiently so as to be admissible as evidence for the purpose of identification. 6.2 Duties of Managers 6.2.1 Environmental Measures and Good Management • Prepare an Evacuation Procedure for use in any Emergency, such as Fire, Serious Disorder or Incident involving weapons and ensure all Staff are trained to assist in evacuating customers as required. NOTE: Management should not rely heavily on Door Supervisors for this role, as they may be involved in “containing” a situation, or restraining and detaining offenders. • Prepare an “Incident Management Protocol” specifically to include advice on dealing with Disorder, an Early-intervention plan, an Ejection Policy and advice regarding Use of Force. This Protocol should include Duty Managers, Staff and Door Supervisors and include some of the appropriate “Codes of Practice” contained herein.
Maintain an Incident Book at the premises and ensure all Staff use it to promptly record details of any incident of Crime or Disorder on the premises, including date and time, details or descriptions of persons involved, injuries or losses, exact location of the incident inside the premises, staff involved, Police involvement, outcome, etc. (Failure to comply should be a disciplinary offence as it indirectly places all staff under higher risk in the future • Ensure that the CCTV system is properly maintained in good working order at all times the premises are open and that footage is stored for a minimum of 28 days. • Ensure that access to the CCTV system is permitted only to authorised staff. (Stored in a secure room and password-protected). Particular care should be taken after any incident involving violence that Staff / Door Supervisors do not interfere with footage. • Appoint a named CCTV manager and deputy to take overall responsibility for the system. • Ensure that checks are carried out from time-to-time to ensure that CCTV cameras have not been moved from their original position or otherwise interfered with. • Train adequate numbers of suitable staff to use the CCTV system to it‟s full potential thus ensuring that a member of staff is always available to replay footage and download material onto DVD or Video Tape immediately following an incident. • Maintain active membership of “Pubwatch” to facilitate the exchange and sharing of intelligence/good practice and the operation of the “Pubwatch” Exclusion Scheme.
171
40
• Arrange the use of “Radio-Link” wherever Door Supervisors are employed (or by choice) to facilitate contact from the Lincoln City CCTV Room. This “Radio-Link” permits instant communication with: 1. Lincoln City Camera Room – who will, at a specific request, monitor the entrance & outside of the premises using Street CCTV camera. 2. Police “Safe in the City” patrols – who will, at a specific request either attend the premises or attend the immediate vicinity of your premises so as to provide a swift response should the need arise. 3. Door Supervisors in other nearby premises – who can provide “mutual aid” to the premises in order to detain offenders or restore calm prior to Police arrival. • Refuse entry and service to “High Risk” individuals who have been issued with a “Pubwatch” City-wide Ban. • Implement sanctions against such customers such as a “verbal warning” or “ban” • Regularly access “lincolnbigsecurity.co.uk Online” to ensure up-to-date knowledge of all “High Risk” individuals and Banned individuals. • Arrange a “Mutual Aid” agreement with neighbouring premises in respect of shared Door Supervisor resources for more serious incidents. • Identify “Higher Risk Occasions” when management of the premises is at its most challenging due either to the profile of clientele, their state of excitement (linked to activity), state of intoxication (linked to occasion or time of day) or due to sheer volume of Customers. Examples of “Higher Risk Occasions” would include Friday and Saturday evenings, occasions when prominent Football Matches are being screened in local Pubs, occasions when Lincoln City Football Club are hosting matches with notorious visiting Clubs, Bank Holiday weekends, New Year‟s Eve, etc. • Ensure that a responsible and capable individual is left in charge of the premises at all times and, in particular, at peak periods or at times of increased risk. • Consider the deployment of additional Staff and/or Security Staff at identified periods of increased risk. • Implement a minimum staffing level of two persons during any period of business between 21.00hrs and 06.00hrs. One of these members of staff to be 21yrs or older. ([email protected] scheme). • Seek to maintain a “broad overview” of the premises and all staff whenever the premises are open for trading, to include the regular monitoring of Staff, Door Supervisors, and Customers. • Ensure that all Staff are aware of any “Vulnerable” individuals within the premises. • Ensure that adequate procedures are in place for dealing with customers who are being refused Entry or Service due to their drunkenness, their behaviour or as the result of being a banned person. • Ensure that Staff are always fully supported if these “refusal” procedures are activated. • Pay particular attention to the area immediately outside the premises to ensure that customer behaviour outside is not adversely impacting on neighbours or the Public, and that Customers are not urinating or throwing litter into neighbouring gardens or shop doorways. • Ensure that adequate numbers of Door Supervisors are used on “Higher Risk Occasions” and that they are well-briefed on their arrival.
172
41
• Ensure that any Customer is provided with necessary assistance to facilitate the arranging of safe Transport home. For example this should include a list of Transport providers (Taxi and Private Hire operators, Night Bus details) and the free use of a telephone to arrange Transport. Consider installing a Taxi/Private Hire Freephone facility. • Implement a Policy for dealing with customers who smoke inside the premises. • Ensure that valuable items (particularly cash) are kept out of reach of customers. • Ensure that charity-collecting boxes are secured to the Counter. • Collect any item of value (handbag, mobile phone, etc.) that is left lying around in the premises. Put it in a safe place behind the Counter and ensure all Staff are made aware. • Ensure the premises are alarmed and install an “Assistance-Alarm Button” with a monitoring facility so that relevant persons/key holders are alerted when it is activated. The external Audible alarm should sound for no more than 15 minutes on any activation. 6.2.2 Disorderly Customers & Ejection Procedure • In the event of a customer attempting to “jump the queue” explain firmly and clearly to the individual that the other customer was there first. Queue jumping can often lead to disorder and should be actively discouraged by staff at all times. • If customers refuse to accept Staff decisions and become abusive or aggressive immediately inform them that they will not be served and must leave the premises. Do not continue to serve them. • In the event of any customer being insulting, abusive, racist, threatening, aggressive or in any other way disorderly, immediately inform them that they will not be served and must leave the premises. Do not continue to serve them. Do not ignore these “warning signs” as they are likely to escalate to violence. • Ensure that a minimum of two staff are allocated to deal with any incident involving a disruptive or antisocial (disorderly) customer. (This will rise to a minimum of three staff if more than one disorderly person is involved). This “outnumbering” technique places “psychological pressure” on the offender to conform and, of course, provides greater safety for the staff member dealing. The second and third member of staff will also act as a witness in the event of any assault. • Ensure that one member of staff “firmly, clearly and politely” requests the disorderly customer to refrain from his/her anti-social behaviour. • If disruptive behaviour continues firmly but politely request the offender to leave the premises (Utilising Door Supervisors if available). • If the individual refuses to leave they should be given a “final opportunity” to leave the premises. • If the Takeaway is the holder of a Premises Licence (Licence required to trade after 2300 hours), it should be pointed out to the disorderly Individual that it is an offence to remain in the premises when requested to leave. Please note this Offence does not apply to Takeaways that are Unlicensed and trade during Day-time hours only. In these circumstances there is a common law right to request a disorderly person to leave and of ejecting such a person if they refuse to leave. • If violence is anticipated make no attempt to manhandle the offender out of the premises without the assistance of trained Door Supervisors. If necessary, call the
173
42
Police on 999 to assist in the ejection. This telephone call should be done “out of reach” of the offender who may otherwise try to prevent the call being made. • Remain calm when speaking to the Police call-taker and provide clear details of the incident together with the fact that the offender is refusing to leave and a clear description of the offender. Inform the Police that you “anticipate violence” if any attempt is made to eject him/her forcibly. • Ensure that two staff continue to closely monitor the offender from a personal safety distance until the Police arrive. Prepare a “Banning Notice” for the offender whilst awaiting the arrival of the Police. • On the arrival of the Police state clearly to the Officer, preferably in the presence of the offender, that the person has been asked to leave and that they have refused. Inform the Officer that you will, if the Officer wishes, support any action they deem appropriate for the offence of “failing to leave Licensed Premises when requested”. (Such as the issue of an Fixed Penalty Notice or Court proceedings). • Ensure that any Banning Notice is handed to the Offender in the presence of the Officer. In the event that the offender is arrested, provide a “Banning Notice” to the Officer for service on the offender whilst in custody. (Details of the offender can usually be obtained when Officers first request them of the Offender or may be supplied later by the Officer serving the Banning Notice). • Make a note of the Police Officers‟ “collar numbers” or names for future reference. Also the Police Incident Number. Enter this in the Incident Book. • Identify, with experience, „threatening atmospheres‟ where situations are “threatening to get out of control”. Do not ignore your intuitive concerns. They will usually be right and based on previous experience. ACT PROMPTLY AND PROACTIVELY. Call the Police at the outset on 999. Do not delay calling the Police until your fears have been confirmed and the situation has deteriorated. • You will not be criticised for calling the Police unnecessarily. Remember that there will be a delay (of up to ten minutes) between the Police being called and their attendance at the premises. Early attendance by the Police can often „nip a problem in the bud‟ and prevent it escalating. This contributes to efficient policing methods. • Stop Serving. This ensures disruptive behaviour is not “masked” by other normal activity. It also draws the attention of everyone in the premises to the problem, thereby providing a greater number of witnesses and “peer pressure”. It also allows you to concentrate fully on the problem in hand. Advise innocent customers to move a safe distance from problematic individuals to prevent them being innocently caught up in events. Remember - Delays can lead to “full-scale” incidents resulting in:
a) Injuries to Staff or Customers - involving human cost. b) Injured Staff out of action for a period involving difficulties running the
business. c) Damage to the premises – involving disruption to normal business, costly
repairs, and Insurance claims. d) Lost trade – perhaps requiring expensive advertising costs to re-establish
previous trade levels. e) Statement making – involving considerable loss of time and business
disruption. f) Court attendance – involving a day off work and the arrangement of a
replacement manager/staff.
174
43
• If the situation defuses completely prior to Police attendance (for example the disruptive group leaves the premises) simply telephone this information through. (The Police will then monitor the group on the street if possible, by CCTV or patrols). If on “Radio-Link” alert other premises so the offenders are refused entry elsewhere. • In the event of Disorder between Customers shout a firm command to “Stop that behaviour here”, separate the parties (If safe to do so) and seek to identify “Aggressor” and “Victim”. Ask the Aggressor to leave the premises and ensure his/her departure from the immediate vicinity (or otherwise) is monitored. Do not eject a “Victim” (or allow to leave) if the Aggressor has been ejected and is still outside the premises. Alert the Police by Telephone or “Radio-Link”. • Encourage Victims and “Vulnerable” Individuals to leave the premises in the company of at least one friend or to take safe transport home eg: Taxi/ Private Hire from the Door using Door Supervisors to escort to the vehicle. If Victims or the Vulnerable are driving home in their own car, consider utilising a member of Staff as escort to their vehicle if nearby. • Ensure that where any member of staff is assaulted or customers are seriously assaulted seek to detain the Offender (But only if safe to do so). • Ensure that the Police are promptly alerted by 999 or “Radio-Link” so that the offender may be dealt with in an appropriate manner. Where such action is taken the Manager will also ensure that:
a) CCTV footage of the incident is promptly downloaded to provide primary evidence for prosecution purposes.
b) Staff are made available promptly (when requested) for the making of a written statement.
6.2.3 Detention of Offenders • The detention of Offenders is entirely at your discretion. Unnecessary risks should not be taken. Ensure that you (or in your absence the person in charge) take full control of any situation where an individual is detained. The detainee is likely to seek any opportunity to escape. The detainee must be watched constantly and at close hand, so that they do not have the opportunity to escape, discard or swallow drugs in their possession, pull weapons from their pockets or grab at items “to hand” that may be used as a weapon with which to assault staff unexpectedly, etc. This close observation and adequate supervision is imperative especially in a Takeaway where there will be sharp knives in use. A relatively minor situation can suddenly become considerably more serious. A minimum “two to one” Staff/Offender ratio must be adopted. If necessary, minimum force may be used to detain the Offender whilst awaiting the arrival of the Police, however the Offender should be permitted to leave if Staff are at undue Risk. • Maintain a “Weapons Awareness” at all times and do not place yourself at Risk if weapons are wielded. • Ensure that, where possible detained individuals are brought under the nearest CCTV camera so that their identity and demeanour is captured on tape. 6.2.4 Use of Door Supervisors
175
44
• Formulate a “Door Supervisor Deployment Plan”, based on identified actual or potential “flashpoints”. This deployment plan to indicate the areas over which the Door Supervisor has specific responsibility and their method of working. • Ensure that Door Supervisors co-operate fully with the Police when necessary in the pursuit of the Licensing Objectives. This will include the supply of written statements when requested. • If more than one Door Supervisor, appoint a suitably reliable “Head Door Person” to take overall responsibility for the actions of all the Door Supervisors. • Ensure that any Door Supervisors are registered and in possession of a current Badge. The Manager should carry out an “Instant-check” on the SIA Website Register on the first occasion that a Door Supervisor works at the premises to ensure that any Badge being produced has not been subsequently revoked by the SIA. (www.the-sia.org.uk) • Check the photo on the Door Supervisor Badge against the employee to ensure they match. • Refuse to allow any unbadged Door Supervisor to work on the premises. (In the event of any incident involving injury, there would be a high liability against a Manager who permits an unlicensed employee to carry out Door Supervision). • Maintain a register of Door Supervisors employed at the premises and ensure they “sign in” and “sign out”. • Speak to Door Supervisors on their arrival each day to ensure they are not under the influence of Alcohol, Drugs or exceptional stress that could lead to irrational actions. (Door Supervisors need to be “level-headed” at all times). • Ensure they wear suitable items of clothing and their SIA Badge to facilitate easy identification of their role. This will usually be a High-Visibility (HV) item-of-clothing during hours of darkness, an HV Armband containing their SIA Badge, or a Badge/Logo on their clothing. The use of the words “Customer Safety” is considered Best Practice as it reassures customers of their purpose. • Observe at close range (where possible to do so safely) and pay close attention to the manner in which Door Supervisors or Staff deal with any incident that involves the use of force, ensuring always that minimum force is used. (NB: Offenders will often complain that excessive force was used. Your presence and close attention will assist in rebutting any malicious complaints made against your Door Supervisors or Staff). 6.2.5 Follow-up action • Whenever a member of Staff is assaulted (or Customers are seriously assaulted) ensure that a prompt referral is made to the “Pubwatch” for consideration of a City-Wide Ban of the offender by all members of “Pubwatch”. • Whenever a member of Staff is assaulted or Customers are seriously assaulted and there is, for some reason, insufficient evidence to support a Criminal prosecution of the offender, ensure that a prompt referral is made to the “Pubwatch” Committee for consideration of a Civil Injunction using the “Pubwatch” Legal Fund. • Periodically carry out “Incident Analysis” to Identify actual and potential “Flashpoint” locations or Crime & Disorder issues. Use the Incident Book to determine Repeat problems, areas of poor CCTV cover, vulnerable Staff issues, training issues, etc and ensure that Staff are adequately updated. (When undertaking this Analysis the free advice and expertise of the Police Licensing or Crime Reduction departments should be sought if necessary).
176
45
• Take suitable and appropriate steps to address problem areas that are identified as a result of “Incident Analysis”. • Take firm action against customers who are not acting in a satisfactory manner inside the premises or who are being disorderly as they leave. Actions such as “threatening to ban the individual for a suitable period of time” can be all that is required to curtail their excesses if customers have enjoyed their experience and intend to return. This simple action has been proved repeatedly to be more effective than the “threat of arrest” by a Police Officer. Ignoring “anti-social” behaviour is likely to drive other (well-behaved) customers away. • Encourage Staff to discuss any failings in Policies or Procedures and suggest improvements. • Discuss with the Police Licensing Department any Incident or Crime where “things have gone completely wrong” as a result of following these „Codes of Practice‟ or to suggest amendments, additions or further ideas as to how Crime & Disorder may be reduced in Lincoln. (Telephone 01522 882222 and ask for Lincoln Licensing Department). • Ensure that all waste is kept secure until collection. • Facilitate the removal of litter and waste from frontage and 10 metres either side of premises during and after peak trading hours.
177
46
7. STUDENT UNION -UNIVERSITY OF LINCOLN 7.1 Duties of the Designated Premises Supervisor 7.1.1 Environmental Measures and Good Management Produce a full list of all planned events to the following timescales: • Autumn Term (Sept – Dec) Schedule to be provided in August • Spring Term (Jan – Mar) Schedule to be provided in December • Summer Term (Apr-June) Schedule to be provided in March The schedule should include the following details: 1. Event Name 2. Nature of the event 3. Expected attendance numbers 4. Venue 5. Date 6. Start time 7. Finish time • Once approved the list of events will at the earliest opportunity be distributed to relevant partners including the Police in order that any pre-event planning can be undertaken. • Events will only be open to current Students, Union and University staff and their bona fide guests. • Every individual attending the event will be required to show a current NUS Card/University Card/Staff Card before being allowed entry. • Each Student or staff member will be eligible to sign two non-Student/staff guests in to any SU event. The individual who has signed these guests will remain responsible for their guest‟s behaviour at all times. • When organising all major events the SU will sell tickets prior to the event occurring. This will enable easier management and reduce the problems of handling large sums of money on the door. • As it is not feasible for the bar manager to manage large events as well as ensuring that the bar functions smoothly. At any large events the Commercial Operations Manager and/or the General Manager will be responsible for the overall management of the event. A team briefing will occur before the event to ensure that all managers are aware of procedures and protocol throughout the night. Risk Assessments are carried out on all SU premises on an annual basis. Within this process a generic Risk Assessment is carried out to cover “normal usage” of the SU bars. Where anything out of the norm is to take place a further risk assessment will be undertaken. Examples of this are events where: 1. There is a large capacity expected.
2. An activity is planned which differs from the normal bar usage. 3. Additional equipment is required such as Sound and Lighting.
178
47
• The capacity limits on any venue will be strictly complied with. In view of the fact that organisers and stewards are counted within this capacity, ticket sales will be limited to not more than 90% of capacity. • The Students‟ Union has a duty of care to its members and at all major events will ensure that adequate stewarding is in place to minimise any risk to both students and team members. It is regarded as good practice to have a minimum of one steward for every 100 people who are at the event. • Persons acting as a steward/guard are required to hold a Security Industry Association (SIA) licence in order to carry out the following activities. 1. Guarding premises against unauthorised access or occupation, outbreaks of disorder or damage. 2. Guarding property against destruction, damage or theft. 3. Guarding one or more individuals against assault or injury • The services of St Johns Ambulance will be arranged to cover any major event. • On major event nights it is SU policy not to allow any drinks to be served in glass. The majority of bottled products are still supplied in glass and so at large events it will be policy to pour drinks into plastic drinking vessels. • Toilet checks will be carried out at frequent intervals to deter assaults taking place “off-camera” and to deter illegal drug activity. • At all large events the bars will close 30 minutes before the event finishes giving adequate time for students to begin “calming down”. • The SU will provide free tea, coffee at major events. Free drinking water will be available at all events. In addition food will be available to purchase at major events. • A variety of “low-alcohol” and “soft” drinks will be readily available as an alternative for customers. Not only does this increase customer choice but reduces alcohol intake and risks of disorder with no reduction in profits. • The SU will provide buses to take people away from all of the larger events. This will ensure the safety of students and minimise the disruption caused to those living in the locality. Stewards will be in attendance to ensure that boarding the buses is managed effectively. • Ensure that adequate procedures are in place for dealing with customers who are being refused service, due either to their state of sobriety, their apparent age or their behaviour. • Ensure that staff are fully supported if these “refusal” procedures are activated. • Operate a policy of „zero tolerance‟ in respect of drug misuse and persons who are abusive or threatening. This policy will be actively promoted prior to and during the event. • Colleagues from the Police force and the Crime Reduction Partnership are kept informed when any large event is to take place. As a matter of course these colleagues will be invited to attend in an attempt to be as proactive as possible.
179
48
• The CDRP have in the past attended with their drug testing equipment. This has always been handled in a very positive way and gives reassurance to the vast majority of our students. This positive relationship will be continued. 7.2 Duties of Staff • Ensure they are aware of evacuation procedures and locations of fire-fighting equipment. • Ensure they are aware of procedures in place for dealing with disruptive or antisocial (disorderly) customers. • Always make an assessment of the state of sobriety of any customer purchasing Alcoholic drinks at the Bar. Symptoms such as slurred speech, glazed eyes, unsteadiness, and lack of coordination should be taken into account but it should also be borne in mind that these symptoms are occasionally displayed by those suffering medical conditions. • If they consider that the customer should not be served any more alcohol speak immediately to the Manager or person-in-charge and ask them to deal with the situation in accordance with the procedures in place. • Ensure that customers buying drinks at the Bar are not „in turn‟ supplying them to drunk or under-age individuals. • Ensure that they are aware of all “low-alcohol” and “soft” drinks available to customers and actively encourage their purchase. • Ensure empty bottles and glasses are removed promptly from the bar. These are potential weapons. • Maintain an awareness of what is taking place away from the Bar, and be ready to co-operate immediately with any management request to close the Bar or to assist with dealing with a „disruptive or antisocial‟ (disorderly) customer. • In the event of a customer attempting to “jump the queue”, explain firmly and clearly to the individual that the other customer was there first. Queue jumping can lead to disorder and should be actively discouraged by staff at all times. If customers challenge the decision and become abusive or aggressive, immediately inform the Manager of the premises. Do not continue to serve them until given “clearance” by the Manager. 7.3. Duties of Security Staff • Familiarise themselves with the layout and any CCTV camera locations of the particular premises at which they are employed. • Provided that it is within the Law, act in accordance with instructions given by the management of the premises. • Ensure they are familiar with procedures in place for dealing with customers who are being refused drinks at the Bar due either to their drunkenness, their apparent age, their behaviour or as the result of being a banned person. • Wear suitable items and SIA badge to facilitate easy identification of their role. This will usually be a high-visibility (HV) item of clothing during hours of darkness, an HV armband containing their SIA badge or a badge/logo on their clothing. The use of the words “Customer Safety” is considered best practice.
180
49
• Identify those who are drunk and refuse them entry to the premises in accordance with management policy. Symptoms such as slurred speech, glazed eyes, unsteadiness, and lack of coordination should be taken into account but it should also be borne in mind that these symptoms are occasionally displayed by those suffering medical conditions. • Identify those who have already consumed a significant quantity of alcohol (but are not deemed drunk) and draw the Manager‟s attention to this individual so that either their entry is either refused or their further intake of Alcohol is monitored. • Identify those who arrive at the premises who are extremely drunk (to the point of being vulnerable) and either seek to assist these individuals with safe transport home, e.g. call a Taxi on their behalf or, if there is no co-operation, use “Radio-Link” to alert the Lincoln City Camera Room or Police “Safe in the City” patrols. • Carry out random searches of customers for drugs or weapons in accordance with management policy advising customers that it is a “condition of entry” and a voluntary procedure. Be aware that customers have the right to decline a search and may walk away instead if they wish. If this occurs and there is any other suggestion (from any source) of the individual being in possession of drugs or weapons use “Radio-Link” to alert the Police. A Police search of the individual will then be considered. It should be considered likely that this individual is in possession of Drugs or a Weapon. • Avoid drinking alcohol shortly before or during duty, as this potentially undermines their credibility as a witness. • Ensure that they know who is the person in charge of the premises at all times and the best method of contacting them quickly should the need arise. • Discuss with the manager at the outset the “profile” of customers being welcomed in at the premises on the particular occasion. • Prior to starting duty and with the assistance of the manager of the premises (if not separately authorised) access the “lincolnbigsecurity.co.uk Online” and familiarise themselves with all high risk offenders and banned individuals. • Confirm that the manager is happy to enforce a ban against anyone whose details are contained on “lincolnbigsecurity.co.uk Online”. • Confirm whether “Radio-Link” is available for use. This permits instant communication with: 1. Lincoln City Camera Room – who will at a specific request, monitor the entrance & outside of the premises using Street CCTV cameras. 2. Police “Safe in the City” patrols – who will at a specific request either attend the premises or attend the immediate vicinity of your premises so as to provide a swift response should the need arise. 3. Door Supervisors in other nearby premises – who can provide “mutual aid” to the premises in order to detain offenders or restore calm prior to Police arrival. (If previously agreed by the Manager with neighbouring premises).
181
50
• Maintain an awareness of what is taking place away from the bar and be ready to co-operate immediately with any management request to close the bar or to assist with dealing with a disruptive or antisocial (disorderly) customer. • Proactively assist the Management in monitoring what is happening in all parts of the premises particularly those locations that are off-camera or “out of sight” from the Bar. This monitoring should be primarily visual but, at times, involve listening out for “heated” conversations, threats, abusive language, etc. • Ensure that customers buying drinks at the Bar are not „in turn‟ taking them to drunk or under-age individuals in a hidden part of the premises. • Pay particular attention to “outside drinking and smoking areas” to ensure that customer behaviour outside the premises is not adversely impacting on neighbours or the public. • Take note of groups that suddenly “fall silent” each time a member of staff approaches. • Take note of any individual that makes frequent trips to the Toilets, as this is often a tell-tale sign of Drug Dealing. • When moving around the premises monitor the sobriety of customers. Symptoms such as slurred speech, glazed eyes, unsteadiness, and lack of coordination should be taken into account but it should also be borne in mind that these symptoms are occasionally displayed by those suffering medical conditions. • Bring to the immediate attention of the Manager anything about which they have concerns.
182
51
8. ACCIDENT AND EMERGENCY DEPARTMENTS 8.1 Duties of the A & E Manager • At the design stage, or at the time of any refurbishment, consider the positive effect that the design and layout of the premises may have on reducing alcohol-related crime and disorder and assisting in the promotion of staff & customer safety. The document “Secure by Design - Licensed Premises” (April 2005) provides valuable guidance that should be used in the design and/or renovation of all premises. The Police Architect Liaison Officer will also offer free design advice and guidance regarding this important basic step. • Install a high quality CCTV system that is capable of producing clear recorded images in all lighting and weather conditions. The captured images must be of a quality sufficient for admission as evidence for the purposes of identification. • Maintain an incident book at the premises and ensure that all staff use it to record brief details of any incident of crime or disorder including date and time, details of persons involved (or descriptions), exact location of the incident inside the premises, staff involved, Police involvement, outcome, etc. The use of such a book will ensure that all staff are aware of any ongoing problems and the persons responsible. • Appoint a named CCTV manager and deputy to take responsibility for the system. • Ensure that the CCTV system is properly maintained and operating at all times that the premises are open for business. • Train adequate numbers of suitable staff (eg: Duty Managers) to use the CCTV system to its full potential thus ensuring that a member of staff is always available to reply footage and download material onto DVD/CD/VIDEO following an incident. • Identify “Higher Risk Occasions” when management of the department is at its most challenging, for example Friday/Saturday nights. • Consider the deployment of additional and/or security staff at identified periods of increased risk. • Maintain a “broad overview” of the department and all staff. • Pay attention to the outside of the premises and the immediate area to ensure that patients or their friends/relatives are not loitering or behaving in a manner likely to impact on other patients, neighbours or the public. • Maintain “associate” membership of “Lincoln BIG Security Group” to facilitate the use of “Radio-link”. This will enable staff to directly contact the Lincoln City CCTV room and “Safe in the City” patrols in instances where a police presence is required or desirable. • Maintain active membership of “lincolnbigsecurity.co.uk Online” system and familiarise themselves with all “high risk offenders” and banned individuals. • Formulate and implement procedures for dealing with drunken, violent or abusive patients or visitors. • Operate a policy of “zero tolerance” in respect of clients who are abusive or threatening. Consideration should be given to displaying notices informing customers of such a policy and/or membership of “Pubwatch”. • Ensure that where a member of staff, patient or visitor is assaulted or an incident occurs requiring the attendance of police that the police are promptly alerted by telephone or “Radio-Link” so that the offender may be dealt with in an appropriate manner. Where such action is taken the manager shall also ensure that:
183
52
1. Any CCTV footage of the incident is promptly downloaded/saved to provide primary evidence for prosecution purposes. 2. Where possible staff are made available promptly for the making of a written statement. • Ensure that (without breaching patient confidentiality) recorded incidents are appropriately reported to Police and / or “Pubwatch” in order that intelligence can be gathered to make informed decisions regarding possible banning or other procedures. • Ensure that patients are provided with necessary assistance to facilitate the arranging of safe transport home following discharge. For example this should include a list of transport providers (Taxi & Private Hire operators, Night Bus details) and the free use of a telephone to arrange transport. 8.2 Duties of A & E STAFF
Seek to identify those who have consumed a significant quantity of alcohol and should draw the manager‟s attention to that individual in order that a risk assessment can be undertaken and measures implemented to reduce the likelihood of disorder.
2. Ensure that they are familiar with the operation and use of “Radio-Link” (where appropriate) and that any faults are promptly reported to the manager.
3. Ensure that any incidents of crime or disorder are entered in the incident book with appropriate details e.g. descriptions, names etc.
4. Ensure that they are aware of regular or ongoing problems through examination of the incident book. 8.3 Duties of Security Staff
Wear suitable items to facilitate easy identification of their role.
Seek to identify those who have consumed a significant quantity of alcohol or who are exhibiting violent or abusive behaviour. The manager‟s attention should be drawn to that individual in order that a risk assessment can be undertaken and measures implemented to reduce the likelihood of disorder.
Ensure that they are familiar with the operation and use of “Radio-Link” (where appropriate) and that any faults are promptly reported to the manager.
Ensure that any incidents of crime or disorder are entered in the incident book with appropriate details e.g. descriptions, names etc.
Ensure that they are aware of regular or ongoing problems through examination of the incident book.
Ensure that toilet checks are carried out at frequent intervals to deter assaults taking place „off-camera‟ and to deter illegal drug activity.
Pay attention to the outside of the department and the immediate area to ensure that patients or their friends/relatives are not loitering or behaving in a manner likely to impact on other patients, neighbours or the public.
Ensure that any faults with the CCTV system are promptly reported to the manager.
184
53
9. LINCOLN CITY CCTV CONTROL ROOM 9.1 Duties of the CCTV MANAGER • Ensure that all persons acting as CCTV operators are properly licensed with the Security Industry Authority (SIA) where relevant. • Ensure that a manual of guidance for operation of the CCTV is produced, maintained and made readily available to all operators. • Ensure that all operators have received full training including the principles and limitations of CCTV surveillance, tape management and relevant legislation. • Ensure that use of the monitoring system is restricted to the intended purpose of the system ie: the prevention/detection of crime and disorder. • Ensure that all operators are fully conversant with operation of the equipment. • Maintain active membership of “Pubwatch” to facilitate the exchange and sharing of intelligence / good practice and the operation of the “Pubwatch” Exclusion Scheme. • Ensure that operators have access to „lincolnbigsecurity.co.uk Online‟ in order that operators can familiarise themselves with all „high risk offenders‟ and banned individuals. • Consider the deployment of additional staff at identified periods of increased risk, such as Friday and Saturday evenings or major events. 9.2 Duties of the Operators • Ensure that they are properly licensed with the SIA (where appropriate). • Ensure that they are aware of the guidelines in the manual of guidance and that they are aware of their responsibilities, particularly in relation to legal obligations. • Ensure that they are fully conversant with the operation of the equipment. • Report all suspicious activity / incidents to the Police control room by “Radio-Link” or telephone. • Ensure that suspicious activity / incidents are recorded in “real time”. • Record details of date, time and camera number in relation to incidents which are reported to Police in case of possible investigation and prosecution of offenders. • Ensure that recordings of any incidents are correctly handled and protected to avoid any compromise or loss of evidence. • Monitor “Radio-Link” and in normal circumstances act as control for the scheme. • Ensure that correct radio procedure is maintained by radio users and that any incidents of inappropriate language or procedure are brought to the attention of the Lincoln BIG co-ordinator in order that steps can be taken to prevent further breaches. • Regularly access the “lincolnbigsecurity.co.uk Online” system to familiarise themselves with persons who are banned or have been identified as “high risk” offenders.
185
54
10. TAXI VEHICLES 10.1 Duties of Drivers • Always display an ID badge. • Remain smartly dressed and professional at all times when on duty. • Always be polite and courteous to all members of the public avoiding the use of bad language, even when provoked. • Greet visitors in a friendly and courteous manner. • Consider the fitment of CCTV in their vehicle. • Consider a small lockable safe in the boot of each vehicle for use of placing cash to reduce the amounts held by each individual. • Be members of “Lincoln BIG” and regularly access „lincolnbigsecurity.co.uk Online‟ to ensure up-to-date knowledge of all „High Risk‟ individuals and banned individuals. • Whenever they or a customer is assaulted, threatened or abused ensure that a prompt referral is made to “Pubwatch” for consideration of a City-Wide Ban of the offender by all members of “Pubwatch”. • Actively support any ban on a customer. • Ensure that where an incident occurs requiring the attendance of Police that the Police are promptly alerted by telephone or “Radio-link” so that the offender may be dealt with in an appropriate manner. • Make themselves available to Police for the taking of statements etc following any incident in which they are involved and which requires Police investigation. • Be familiar with the operation and use of “Radio-Link” (where appropriate) and that any faults are promptly reported. • Not refuse a fare unless they have reasonable cause to do so. • Not attempt to detain passengers in the vehicle following a non-payment to prevent possible allegations of kidnap, assault etc. • Maintain regular contact with taxi forum representative. • Adopt a “no smoking” policy in their vehicle. • Where practical, check for left property after every fare and in any case at the conclusion of duty. • Take proper care of any left property and take steps to assist in its return to the loser. • Seek to develop a good rapport and working relationship with all other members of the Evening Economy including the Emergency services. • Ensure that when dropping off “Vulnerable” passengers at night they wait until they can confirm that person is safe before driving off. • Consider operating a “buddy” system with another driver or group of drivers to provide mutual support and conduct regular safety checks, particularly at night. • Ensure that they do not accept passengers who “queue jump”. Such an action can provoke anger amongst other persons waiting and can lead to disorder.
186
55
11. PRIVATE HIRE VEHICLES 11.1 Duties of the Operator • Ensure that their drivers always display an ID badge and remain smartly dressed and professional at all times when on duty. • Consider the fitment of CCTV in their vehicles. • Consider a small lockable safe in the boot of each vehicle for use of placing cash to reduce the amounts held by each driver. • Be members of “Lincoln BIG” and regularly access „lincolnbigsecurity.co.uk Online‟ to ensure up-to-date knowledge of all „High Risk‟ individuals and banned individuals. • Ensure that where an incident occurs requiring the attendance of Police that the Police are promptly alerted by telephone or “Radio-link” so that the offender may be dealt with in an appropriate manner. • Whenever a marshall, driver or customer is assaulted, threatened or abused ensure that a prompt referral is made to “Pubwatch” for consideration of a City-Wide Ban of the offender by all members of “Pubwatch”. • Actively support any “Pubwatch” ban on a passenger. • Ensure that they are familiar with the operation and use of “Radio-Link” and that any faults are promptly reported. • Contact Police and inform them of any acts of disorder at the rank • Ensure that Marshalls wear a distinctive high visibility jacket bearing the title “Taxi Marshall” when on duty and remain smartly dressed and professional at all times when on duty. • Work a minimum of 11pm to 3am on Friday and Saturday evenings. • Identify “higher risk occasions” when management of the rank is at its challenging for example Christmas Market, bank holiday weekends etc and consider the deployment of additional staff at such periods. • Seek to develop a good rapport with all other members of the Evening Economy, including the Emergency services. • Co-operate fully with members of the Police, Local Authority, or other statutory agencies involved in the Evening Economy. 11.2 Duties of the Driver • Always display an ID badge and remain smartly dressed and professional at all times when on duty. • Always be polite and courteous to all members of the public avoiding the use of bad language, even when provoked. • Greet customers in a friendly and courteous manner. • Actively support any ban on a passenger. • Ensure that where an incident occurs requiring the attendance of Police that the Police are promptly alerted by telephone or “Radio-link” so that the offender may be dealt with in an appropriate manner. • Make themselves available to Police for the taking of statements etc following any incident in which they are involved and which requires Police investigation. • Be familiar with the operation and use of “Radio-Link” (where appropriate) and that any faults are promptly reported. • Not refuse a fare unless they have reasonable cause to do so.
187
56
• Not attempt to detain passengers in the vehicle following a non-payment to prevent possible allegations of kidnap, assault etc. • Maintain regular contact with the private hire office. • Adopt a “no smoking” policy in their vehicle. • Where practical, check for left property after every fare and in any case at the conclusion of duty. • Take proper care of any left property and take steps to assist in its return to the loser. • Seek to develop a good rapport and working relationship with all other members of the Evening Economy including the Emergency services. • Ensure that when dropping off “Vulnerable” passengers at night they wait until they can confirm that the passenger is safe before driving off. • Consider operating a “buddy” system with another driver or group of drivers to provide mutual support and conduct regular safety checks, particularly at night. • Ensure that they do not accept passengers who “queue jump”. Such an action can provoke anger amongst other persons waiting and can lead to disorder. 11.3 Duties of the Marshall • Wear a distinctive high visibility jacket bearing the title “Taxi Marshall” when on duty and remain smartly dressed and professional at all times when on duty. • Always be polite and courteous to all members of the public, avoiding the use of bad language, even when provoked. • Greet visitors in a friendly and courteous manner. • Positively manage private hire rank queues ensuring that no queue jumping occurs. Failure to do so can cause anger to other persons waiting and can provoke disorder. • Call private hire vehicles forward to pick up point. • Not allow any unruly passengers into Private Hire vehicles. • Ensure passengers properly dispose of any bottles, glasses, cans and fast food before getting on board a vehicle. • Ensure passengers have some form of payment for their journey, before allowing them to board a vehicle. • Be in possession of a “Radio-Link” radio. • Maintain good relations with the Private Hire and Taxi drivers. • Actively support any ban on a customer. • Proactively intervene when witnessing a member of public acting in a disorderly manner or causing a disturbance/causing anti-social behaviour and asking them to leave the rank. • Ensure that they identify any “Vulnerable” individuals within the rank. Marshalls will offer to assist in providing transport for such individuals. • Carry a basic first-aid kit and be in possession of disposable gloves. • If made aware of any disorder in the away from the rank immediately contact Police if not able to intervene. • Update Lincoln City CCTV room of anyone causing problems or who has been refused a taxi to allow CCTV to monitor. • Make themselves available to Police when required to do so to provide statements etc. • Report illegal touting for business by other private hire vehicles. • Have undergone conflict management training. • Seek to develop a good rapport with all other members of the Evening Economy, including the Emergency services.
188
57
• Co-operate fully with members of the Police, Local Authority, or other statutory agencies involved in the Evening Economy.
189
58
12. BUSES 12.1 Duties of the Operator • Ensure that all buses used during evening shifts are fitted with a driver protection screen or other suitable protection for the driver. • Issue drivers with a dedicated mobile phone or radio in case of emergencies, with at least the following contacts; 1. repair/breakdown 2. Police non-emergency 3. Lincoln City CCTV room. • Consider a small lockable safe for use of placing cash. • Ensure that buses used on evening shifts and in particular buses used as a Night Bus are fitted with a CCTV system. • Maintain membership of “Lincoln BIG Security Group” to facilitate the use of “Radio-Link”. This will enable staff to directly contact Police, CCTV room and Street safe patrols in instances where a Police presence is required or desirable. • Actively support any ban on an individual. • Consider the use of additional staff on buses on occasions identified as being high-risk. For example Friday and Saturdays nights, football matches etc. • Continue with the policy of providing free transport for Police Officers and PCSOs whilst on duty in uniform. • Consider implementing a „pre-payment‟ ticketing scheme for the Night Bus. This would reduce the amount of cash being carried. It could also help with the long-term viability of the scheme as passengers would not be stuck without money and revenue would be received whether or not the passenger actually travelled. Consideration could also be given to working in partnership with venues to promote the Night Bus and develop a scheme where customers could purchase a bus ticket upon entry to the venue. 12.2 Duties of the Driver • Always display an ID badge. • Remain smartly dressed and professional at all times when on duty. • Always be polite and courteous to all members of the public, avoiding the use of bad language, even when provoked. • Greet visitors in a friendly and courteous manner. • Make use of “Radio-Link” (where relevant) This will enable staff to directly contact police, Lincoln City CCTV room and “Safe in the City” patrols in instances where a Police presence is required or desirable. • Ensure that they are familiar with the operation and use of “Radio-Link” (where appropriate) and that any faults are promptly reported. • Regularly access “lincolnbigsecurity.co.uk Online” to ensure up-to-date knowledge of all „High Risk‟ individuals and Banned individuals.
190
59
• Whenever a driver, colleague or passenger is assaulted, threatened or abused, ensure that a prompt referral is made to “Pubwatch” for consideration of a City-Wide Ban of the offender by all members of “Pubwatch”. • Actively Support any ban on a customer. • Ensure that where an incident occurs requiring the attendance of Police that the Police are promptly alerted by telephone or “Radio-Link” so that the offender may be dealt with in an appropriate manner. • Not refuse a fair, unless they have a reasonable cause to do so. • Seek to develop a good rapport with all other members of the Evening Economy, including the Emergency services. • Co-operate fully with members of the Police, Local Authority, or other statutory agencies involved in the Evening Economy. • Consider the fitment of a small lockable safe for use of placing cash within the driver‟s cab. • Conduct joint operations between Police and Bus Operators, involving Police travelling on buses, accompanying bus ticket inspectors and using local intelligence.
191
60
13. STREET PASTORS 13.1 Duties of the Street Pastors
wear a distinctive double blue jacket and hat bearing the title “STREET PASTOR” when on duty
remain smartly dressed and professional at all times when on duty
work 10pm to 4am on Friday and Saturday evenings in a group of 4 Pastors and on other evenings by agreement.
ensure that they are familiar with the operation and use of “Radio-Link” and that any faults are promptly reported.
be in possession of at least 2 “Radio-Link” radios in the group by which they can directly contact, or be contacted by, licensed premises, Lincoln City CCTV room and “Safe in the City” patrols.
in the group have at least one person able to operate the defibrillators available in Chicago Rock and The Odeon.
on occasion split into two pairs but each pair will remain in close proximity to the other
always be polite and courteous to all members of the public avoiding bad language even when provoked
be available to assist with any vulnerable person or other person who: 1. Is separated from a group of friends 2. Is intoxicated 3. is ill 4. needs assistance to arrange transport home 5. requires an escort to premises nearby 6. wishes to talk or requires a listening and sympathetic ear
assist Door Supervisors with injured or intoxicated young people
provide a calming and reassuring presence where there is conflict and distress.
ensure that where a colleague or other person is assaulted in the view of a STREET PASTOR or an incident occurs requiring the attendance of Police that the Police are promptly alerted by “Radio-Link” or telephone so that the offender may be dealt with in an appropriate manner
Seek to develop a good rapport with all other members of the Evening economy including the Emergency Services, licensees, door staff, taxi ranks and late night eating establishments.
Co-operate fully with members of the Police, Local Authority and other statutory agencies involved in the night-economy in so far as it does not conflict with Pastoral Care.
192
61
14. POLICE 14.1 Commitment of the Police on a Friday and Saturday night • Where staffing levels allow it have a minimum of six Police Officers dedicated to Lincoln City Centre. • Ensure that the dedicated Officers cover the City centre between the hours of 8pm-4am. • Make frequent visits throughout the night to licensed premises making contact with staff. • Update the Police control room with premises occupancy numbers by liaising with door staff. • Make regular contact with Taxi Marshalls during patrols. • Support decisions made by door staff if they refuse someone entry and remove that person if they persist to cause problems. • Remove persons from the Taxi Rank as requested by the Taxi Marshalls. • Have directed patrols. • Complete licensing checks, to include checking SIA badges, checking inside of premises for underage drinkers, checks for DPS and whether they are present on the premises. • Carry a “Radio-Link” radio and respond to reported incidents. • Wherever possible show a presence at the closing time of Night Clubs. • Inform Lincoln City Homes and other local housing associations of any violent offences committed by their tenants in order that action against their tenancy can be considered. • Apply for a CRASBO upon second violent offence, having been banned via “Pubwatch”, for use on persistent offenders. • Support the Confiscation of Alcohol Act 1997 (young persons) • Have a zero tolerance approach to all crime and disorder. • Ensure that CCTV footage from premises is promptly collected when it forms part of an investigation. • Ensure Police provide updates of outcomes regularly at the forum meetings.
193
62
15. COUNCIL 15.1 Commitment of the Council • Impose a 20mph zone within Lincoln Town Centres roads. • Provide rubbish bins at/near the Taxi Ranks and Private Hire Operators premises • Locate a camera, pointed directly at the head of the taxi queues and Private Hire Operators premises and be able to produce images showing both the passenger and the licence plate of the taxi / Private Hire Vehicle taken.
194
Item No. 7 LICENSING COMMITTEE
20 JULY 2009
SUBJECT:
SITE MANAGEMENT AGREEMENT BETWEEN PUBLIC FUNDRAISING REGULATORY AUTHORITY AND LINCOLN CITY COUNCIL
REPORT BY:
DIRECTOR OF RESOURCES
LEAD OFFICER:
KEVIN BARRON, LICENSING MANAGER
1. Purpose of Report
1.1 To inform the Committee of the draft of the site agreement between the Council
and Public Fundraising Regulatory Authority (PFRA).
1.2 To consider the agreement and submit any amendments as necessary.
2. Background
2.1 Street Collections are controlled by the Police, Factories etc (Miscellaneous Provisions) Act 1916 and the Local Government Act 1972
2.2 PFRA is concerned with the collection of direct debit details of prospective donators to charities. This is commonly known as face-to-face collections.
3. Main Body of Report
3.1 Whereas street collections are subject to the provisions of the legislation detailed in paragraph 2.1 above where items or money are collected for charitable purposes, the collection of information such as direct debit details is not subject to any regulatory legislation.
3.2 The collectors can normally be identified in the street by the tabards they wear.
3.3 Most organisations that are contracted to charities are members of the PFRA and comply with their code of conduct.
3.4 However, each town or City has unique issues, which cannot be subject to a generic code of conduct.
3.5 Therefore, the Licensing team and Lincoln BIG (who manage the streets for the Council) met with a representative of the PFRA and these issues were aired. He was asked to propose a code of conduct – a site agreement exclusively for Lincoln.
3.6 That draft agreement has been discussed and amendments made (a copy of the draft can be seen at Appendix A). Before it is forwarded for approval by the PFRA, the views of the Committee are invited.
195
3.7 The aim is to:
Ensure that the collectors do not interfere with our authorised street
collections; Are not in such numbers that they create a nuisance to the public; Do not put the public in danger; Do not pester the public; Are properly supervised; and If there are complaints there is a supervisor to deal with them.
3.8 The Committee must be aware that there is currently no legislation covering the
face-to-face collectors and hence no enforcement powers to deal with any complaints etc. Therefore this agreement is purely voluntary.
4. Resource Implications
4.1 (i) Finance (including impact on Savings Targets)
- Capital Implications
- Revenue Implications There is no revenue due to the Authority from this agreement.
4.2 (i) Staffing Nil
4.3 (ii) Property/Land/Accommodation Implications
4.4 (iii) Procurement
Discretionary assessments
5. Policy Implications
5.1 (i) Strategic Priority
5.2 (ii) S.17 Crime and Disorder
5.3 (iii) Equality and Diversity
5.4 (iv) Environmental Sustainability
5.5 (v) Community engagement/ communication 6. Consultation and Communication 7. Legal Implications
7.1 (i) Legal – Nil.
7.2 (ii) Contractual – Nil.
196
7.3 (iii) Constitutional Issues - Nil.
Mandatory Assessment
8. Assessment of Options
8.1 (i) Key Issues
8.2 (ii) Risks Assessment (including Impact Assessment)
9. Recommendation
9.1 That the Licensing Committee:
Note the Site Agreement. Offer any comments for inclusion before submission to the PFRA.
Access to Information: Does the report contain exempt information, which would prejudice the public interest requirement if it was publicised?
No
Key Decision No
Key Decision Reference No.
Do the Exempt Information Categories Apply
Yes/No
Call In and Urgency: I s the decision one to which Rule 15 of the Scrutiny Procedure Rules apply?
Yes/No
List of Background Papers:
Appendix A Draft Site Management Agreement between PFRA and Lincoln City Council
Lead Officer: Kevin Barron Telephone 873564
197
Unit 11 Europoint 5-11 Lavington Street Southwark London SE1 0NZ
Dedicated to Quality, Integrity and Transparency in Public Fundraising
www.pfra.org.uk
Site Management Agreement between PFRA and Lincoln City Council The purpose and spirit of this Site Management Agreement (SMA) is to facilitate face-to-face fundraising in a given location or locations and provide balance between the right of the
charity or not-for-profit organisation to fundraise and the right of the public to go about their business without an impression of inconvenience.
Once an agreement is in place it should minimise the administration for all concerned,
providing just one channel for information and support, as nominated “gatekeepers” only
have to deal with one organisation, the PFRA, instead of dealing with each individual charity and fundraising organisation separately.
The PFRA continually strives to work positively with each Local Authority to develop
constructive and durable relationships which benefit both parties.
Statement of Conformity
1) All fundraisers will abide at all times by the PFRA / Institute of Fundraising
abridged code of practice.
Access Details
2) Site Locations & Delineations
Fundraisers may stand on the pedestrianised stretch(-es) of High St. between Cornhill and Guildhall Street / Saltergate (Stonebow) (Zone A) and / or between Silver Street
/ Clasketgate (Zone B), except they may not stand under, or within 10 metres of, the Stonebow nor in front of or within 3 metres either side of the war memorial, nor in front of or within 3 metres either side of a Walk & Ride Bus stop, or a pedestrian
crossing.
3) Alternate Locations & Delineations
None currently offered (but see „Positioning‟ below)
4) Team Size(s)
Teams will comprise no more than 6 persons inclusive of unbranded but ID-wearing
“non-working” Team Leader (TL), on each occasion. For the purposes of this
agreement momentary training interventions by TL‟s will not be regarded as “working” (but see also „Positioning‟ below)
5) Positioning
Fundraisers should be positioned in such a way as to offer an adequate “comfort
zone” to those users of the locality who do not wish to engage and should endeavour
at all times not to become an obstruction to any member of the public. In furtherance
198
Unit 11 Europoint 5-11 Lavington Street Southwark London SE1 0NZ
Dedicated to Quality, Integrity and Transparency in Public Fundraising
www.pfra.org.uk
of this a minimum footway channel of 2.5 metres must be maintained between
fundraisers and the kerb / shop frontage at all times. Furthermore where teams exceed 4 persons no more than 4 of those persons may occupy the space designated
Zone A and all additional persons may only occupy Zone B.
All fundraisers must wear official tabards or other official distinctive clothing that
enable shoppers and other pedestrians to identify them from a distance. All fundraisers must wear official identity cards clearly visible on the upper body with
personal details and photograph of the fundraiser in accordance with the activity being undertaken at the time.
6) Frequency of Visits
Fundraisers will not visit Lincoln High Street on more than 3 out of 5 days Sunday to Thursday. Activity is not currently permitted on Fridays and Saturdays and may only
take place between the hours of 9.00 am and 8.00 pm on all other days.
All activity must be suspended during the week immediately preceding Armistice Day
commemorations (Armistice Day being the nearest Sunday to 11th November each year or otherwise as designated by Government), and the week immediately
preceding Christmas Day.
7) Exclusion Dates etc are to be announced by the nominated “gatekeeper” (e.g.
Market Days, Special Promotions Days, etc.)
Information Required
8) Nominated Gatekeeper
The nominated gatekeeper for Lincoln City Council shall be Mick Lake, Business Improvement Group Street Manager, whose contact details are
[email protected] or via 01522 545424
Generally, it is anticipated that a diary of cash-collections and other street activity
compiled by the council will be established comfortably in advance to ensure there are no potential conflicts with other collection agencies who are not members of the
PFRA, who may have previously approached the Council to operate within the street
or where there are national flag days when an individual charity or non-profit organisation operating across all local authorities.
The Council will liaise with the relevant highways authority to monitor the activities of
the fundraisers in light of statutory responsibilities under Section 130 Highways Act 1980 and any other powers it enabling to take compliance and enforcement action
when deemed necessary. However, save in the case of an emergency it will raise
any problems of enforcement with the PFRA in the first instance.
9) Required Information
199
Unit 11 Europoint 5-11 Lavington Street Southwark London SE1 0NZ
Dedicated to Quality, Integrity and Transparency in Public Fundraising
www.pfra.org.uk
Gift Fundraising will maintain and manage the diary schedule on behalf of the PFRA
and their contact details in this regard are [email protected] or via 020 7561 6069.
Copies of the diary are to be made available to the nominated Local Authority/Gatekeeper on a weekly basis and Diary / Schedule Information will also
provide:
o Contact details for PFO; and o Charity being fundraised for.
Working Together
10) The local authority agrees to work with the PFRA to publicize information regarding the SMA including explanations on what face-to-face is, the PFRA Code of Practice, facts about
Direct Debit security, and how persons with concerns may make official complaints (see also
“9” below). Specifically the “gatekeeper” undertakes to ensure that all relevant „stakeholders‟ whether within the local authority / Town Centre Management / business consultation
organisations or elsewhere are fully informed (and involved where relevant).
11) The PFRA will inform the “gatekeeper” of any complaints it receives and conversely any feedback received by the “gatekeeper” or involved „stakeholders‟ will be forwarded to the
PFRA. Where the collection agencies themselves receive complaints it is expected that they
will provide information to the PFRA and Council including information about the identities of any individual collector the subject of a complaint and of the action taken (if any) by the
collection agency.
12) The PFRA will police member organisations, through a programme of random spot-
checks, to ensure fundraisers‟ adherence to the code of practice and this Site Agreement.
13) This SMA will be reviewed six months after implementation and then annually thereafter
Signed For and On Behalf Of PFRA:
Dated:
Signed For and On Behalf Of [ insert official title and authorisations of the “nominated gatekeeper” ] :
Dated:
200
Unit 11 Europoint 5-11 Lavington Street Southwark London SE1 0NZ
Dedicated to Quality, Integrity and Transparency in Public Fundraising
www.pfra.org.uk
Appendix 1 CODE OF PRACTICE 1 We always tell potential donors clearly that we are paid to speak with them, and that we are not volunteers - if this is the case - and we explain the basis on which we are paid. 2 We always carry and display ID so that any potential donor can verify who we are, whom we are working for and on whose behalf we are fundraising. 3 We always represent our charity or Not for Profit Organisation (NPO) at the time, in the place, and in the manner that has been previously agreed both with the charity / NPO and with the relevant site owner or Local Authority, and as directed by our team leader or other responsible agency personnel. 4 We always explain to a donor how the Charity or NPO will communicate with them after subscribing, and if they are likely to receive a follow up phone call we inform them of this. 5 We always ensure that forms with personal details provided by donors are handled at all stages in a secure manner. 6 We always end a conversation in a polite and respectful manner as soon as we are asked to. 7 We always ensure, wherever possible, that if a member of the public has a complaint, a full and accurate record of the complaint and the complainant's contact details are taken so that action can be taken promptly and appropriately. We will also offer the complainant contact details for a person in authority who can respond to their concerns. 8 We never say or do anything that could pressurise or harass people and we do not use manipulative techniques. 9 We never confuse or mislead the public and we never say, do or display anything for which we have not been given permission by the charity or NPO 10 We never behave whilst on duty in any way that might bring the charity / NPO or our employer into disrepute.
201
Item No 8 LICENSING COMMITTEE
20 JULY 2009
SUBJECT:
POWER TO SUSPEND AND/OR REVOKE HACKNEY CARRIAGE /PRIVATE HIRE DRIVER’S LICENCES – SECTION 52, ROAD SAFETY ACT 2006
REPORT BY:
DIRECTOR OF RESOURCES
LEAD OFFICER:
THOMAS CHARLESWORTH, LICENSING OFFICER
1. Purpose of Report
1.1 Members are recommended to note the provisions of Section 52 of the Road
Safety Act 2006, which amends Section 61 of the Local Government (Miscellaneous Provisions) Act 1976, allowing the Authority to suspend or revoke a Hackney Carriage or Private Hire Drivers Licence with immediate effect in the interest of public safety.
1.2 To consider the proposal contained in Section 8.1.
2. Background
2.1 The Council has a duty to protect the general public from harm when using Hackney Carriage or Private Hire Vehicles. In order to do this the Council must ensure that all applicants for driver and operator licences are ‘fit and proper’ persons at all times during the licence period.
2.2 Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 provides that a Council may suspend, revoke or refuse to renew a licence of a driver of a Private Hire Vehicle or Hackney Carriage on the grounds that the driver has since the grant of the licence been convicted of an offence involving dishonesty, indecency or violence, or an offence under the licensing legislation, or for any other reasonable cause. Previously a decision to suspend or revoke a driver’s licence has, as a matter of law, not taken effect for a period of 21 days, or if an appeal is lodged against a decision of the City Council, until the appeal is determined.
2.3 However, under Section 52 of the Road Safety Act 2006, Section 61 has, with effect from the 16 March 2007, been amended to enable the suspension or revocation to take place with immediate effect if it appears that this is in the interests of public safety. The notice of suspension/revocation must state that this is so, and give an explanation of why an immediate suspension or revocation is required in the interests of public safety. Suspension or revocation in these circumstances means the suspension or revocation will have immediate effect and the driver concerned would have no right to continue driving if he/she were to lodge an appeal against the decision.
202
2.4 Currently, the Licensing Committee has all powers necessary to discharge the licensing functions of the Council. In order for this new power to suspend and revoke with immediate effect to be exercised by the Sub-Committee and officers, it is necessary for decisions delegated to Sub-Committee and officers respectively to be revised to include this power. Members should be aware that there is always a right of appeal to the Magistrates’ Court within 21 days against any decision made by the Council in relation to Hackney Carriage and Private Hire Driver’s licences. Currently, if such an appeal is lodged a driver may continue to drive until the appeal is determined. When this new power is exercised, there is no right to continue driving in this way. This may lead to compensation claims and therefore the power should be used sparingly.
2.5 The guidelines relating to the relevance of previous convictions and breaches of licence conditions are to be amended to reflect this new power.
3. Resource Implications
3.1 (i) Finance (including impact on Savings Targets) – If Section 52 is not used properly then there will be an increased risk of an appeal against a decision of the Licensing Committee being successful. This could then result in costs being awarded against the Council.
- Capital Implications – None. - Revenue Implications – None.
3.2 (i) Staffing – None.
3.3 (ii) Property/Land/Accommodation Implications – None.
3.4 (iii) Procurement – None.
4. Legal Implications
4.1 (i) Legal – Any person aggrieved by the decision of the Committee can appeal to a Magistrates’ Court.
4.2
(ii) Contractual – None.
4.3 (iii) Constitutional Issues – None. 5. Policy Implications
5.1 (i) Strategic Priority – None.
5.2 (ii) S.17 Crime and Disorder – Yes. The Council by not granting this
application may breach its duty under this Section: This Section imposes a general duty on local authorities to exercise their functions with regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.
203
5.3 (iii) Equality and Diversity – Extreme care will need to be used when considering the use of Section 52 to ensure that it is used fairly and without bias.
5.4 (iv) Environmental Sustainability – None.
5.5 (v) Community engagement/ communication – Yes. The Council could receive criticism if it did not support the National Campaign.
6. Assessment of Options
6.1 (i) Key Issues – None.
6.2 (ii) Risks Assessment (including Impact Assessment) – None.
7. Recommendation
7.1 Members are asked to note the provisions of Section 52 of the Road Safety Act 2006 and to consider the delegating of powers to both the Sub-Committee for revocation and officers for suspension of hackney carriage/private hire driver’s licences with immediate effect in the interest of public safety.
Access to Information: Does the report contain exempt information, which would prejudice the public interest requirement if it was publicised?
Yes/No
Key Decision Yes/No
Key Decision Reference No.
Do the Exempt Information Categories Apply
Yes/No
Call In and Urgency: I s the decision one to which Rule 15 of the Scrutiny Procedure Rules apply?
Yes/No
Does the report contain Appendices?
No
If Yes, how many Appendices?
List of Background Papers:
Lead Officer: Thomas Charlesworth Telephone 873373
See below
204
Checklist
Applies Checklist Completed and retained as a background document
Consultation Required (Insert Name of Consultee and Date Completed)
Report Section That Applies
Items For Inclusion in all reports
Yes/No Yes/No
Resource Implications
Financial Implications (including impact on savings targets)
Resource Implications
Staffing
Resource Implications
Property/Land/ Accommodation
Resource Implications
Procurement
Legal Implications Legal
Legal Implications
Contractual
Legal Implications
Constitutional Issues
Policy Implications
Strategic Priority
Policy Implications
Section 17 Crime and Disorder
Policy Implications
Equality and Diversity (NB a full IA is mandatory if the report relates to a new/change to council policy)
Policy Implications
Environmental Sustainability
Policy Implications
Community engagement/ communication
Risk Implications
Risk Assessment
205
Item No 9 LICENSING COMMITTEE
20 JULY 2009
SUBJECT:
AMENDMENTS TO APPLICATION FORMS: HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVER’S LICENCE; APPLICATION FOR A RE-LICENCE OF HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVER’S LICENCE; APPLICATION FOR A PRIVATE HIRE VEHICLE LICENCE; APPLICATION FOR A HACKNEY CARRIAGE VEHICLE LICENCE; THE CONDITIONS ATTACHED TO THE GRANT OF A PRIVATE HIRE VEHICLE DRIVER’S LICENCE; AND ADDITIONAL DOCUMENT REQUIREMENT
REPORT BY:
DIRECTOR OF RESOURCES
LEAD OFFICER:
SAMANTHA KIERAN, LICENSING OFFICER
1. Purpose of Report
1.1 To consider amendments to be made to the following application forms:
Hackney Carriage/Private Hire Vehicle Driver’s Licence; Re-license of a Hackney Carriage/Private Hire Vehicle Driver’s Licence; Private Hire Vehicle Licence; Hackney Carriage Vehicle Licence. Also the Conditions attached to the Private Hire Vehicle Driver’s Licence.
1.2 To consider amendments to be made to the conditions attached to the Private Hire Vehicle Driver’s Licence.
1.3 To introduce an additional requirement in respect of EC/EEA Driving Licence Holders.
2. Background
2.1 Current application forms can be seen at Appendices A(i), B(i) and C(i).The existing conditions can be seen at Appendix D(i).
2.2 The current wording relating to convictions/cautions does not include other findings of guilt, warnings or fixed penalty tickets.
2.3 Therefore, when asked an applicant can conceal these other findings of guilt if the current question is asked.
2.4 Findings of guilt for motoring offences and any endorsements are recorded on driving licence counterparts. European Licences do not have counterparts, unless the holder of the licence has registered the European licence with the DVLA.
206
2.5 It is therefore possible that a European licence holder has convictions/endorsements which would be relevant to the consideration of the fitness of the applicant for a licence but do not show on any DVLA disclosures, although a European licence holder can enter the fixed penalty ticket system without a counterpart.
2.6 The Audit Commission have recommended that Local Authorities when issuing licences which result in an applicant’s ability to work should ensure that the applicant is eligible to work in the UK.
2.7 Currently there is no question on the current application forms in relation to eligibility to work in the UK.
2.8 The current application form does not ask questions about any significant time spent outside of the UK in the past 5 years or since the last application as the case may be.
3. Main Body of Report
3.1 Hackney Carriage/Private Hire Vehicle Driver’s Licence Application Form – see Appendices A(i) and A(ii)
3.2
The current application form asks at Question 11:
“…Are there any previous convictions/cautions recorded against you, whether for motoring or other offences”. See Appendix A(i)
3.3 As stated in 2.2 and 2.3 above this does not include fixed penalty tickets and/or warnings and therefore, when asked an applicant can conceal these other findings of guilt if the current question is asked.
3.4 It is recommended that the question be re-worded to:
“…Are there any previous convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings, whether for motoring or other offences recorded against you”. This will ensure that all information is captured (please see Question 13 of Appendix A(ii)).
3.5 It is recommended that an additional Question be added which can be seen at Question 6 of Appendix A(ii):
“…If you hold a European Community Licence do you hold a Counterpart Licence for Non UK Driving Licence Holders”.
3.6 At Question 6 of the application form we would like to ask a further question as follows:
“If you hold a European Community Licence do you hold a UK Counterpart Licence”
3.7 The Licensing Team have had great difficulty and considerable expense in trying to obtain conviction details from the DVLA with drivers who have not got
207
a counterpart, which they did not encounter when a counterpart was available.
3.8 In the case of a UK licence the counterpart can be compared with the DVLA disclosure and any anomalies dealt with.
3.9 This cannot be done with a European licence, as there is no counterpart to compare.
3.10 It is recommended that all European driving licence holders are required to produce a UK Counterpart. The Authority has the power to do this under Section 57 of the Local Government (Miscellaneous Provisions) Act 1976.
3.11 This requirement can be added to the guidance notes attached to the application as can be seen at Appendix A(ii).
3.12 In order to comply with the Audit Commission’s recommendation, it is recommended that a new Question 7 be added to evidence an applicant’s eligibility to work in the UK in accordance with Sections 15 and 21 of the Immigration, Asylum and nationality Act 2006, this question can be seen in Appendix A(ii).
3.13 In order to obtain a full residential history for an applicant not only does the Authority require residential addresses, it also needs to know if the applicant has spent any significant time i.e., over 3 months out of the country to determine whether or not a certificate of good conduct is required from any country visited.
3.14 The Criminal Records Bureau (CRB) Disclosure Application only requires residential addresses not that an applicant has been out of the country as CRB can only access UK databases.
3.15 It is therefore recommended that there is a requirement for a full residential history over the past 5 years in order to assess whether a certificate of good conduct is required.
3.16 The question can be seen at Question 8 of Appendix A(ii).
3.17 Application for a Re-licence to Act as a Hackney Carriage/Private Hire Vehicle Driver – see Appendices B(i) and B(ii)
3.18 The current application form asks at Part 2 (a):
“…Have not been convicted of any offence whether motoring or otherwise”. See Appendix B(i)
3.19 As stated in 2.2 and 2.3 above this does not include fixed penalty tickets and/or warnings and therefore, when asked an applicant can conceal these other findings of guilt if the current question is asked.
3.20 It is recommended that the question be re-worded to: “…Have not had any convictions, criminal findings of guilt (including fixed
208
penalty tickets), cautions and warnings, whether for motoring or other offences”. (Please see Appendix B(ii))
3.21 The current application form asks at Part 2 (b):
“…Am not aware or have any reason to think I might be prosecuted for any offence in the future”. See Appendix B(i)
3.22 As stated in 2.2 and 2.3 above this does not include fixed penalty tickets and/or warnings and therefore, when asked an applicant can conceal these other findings of guilt if the current question is asked.
3.23 It is recommended that the question be re-worded to:
“…Am not aware or have any reason to think I may be prosecuted or receive Are there any previous convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings, for any offence whether motoring or otherwise in the future.” See Appendix B(ii)
3.24 As described at 3.13 and 3.14 above it is recommended that there is a requirement for a full residential history since the last application in order to assess whether a certificate of good conduct is required.
3.25 The question can be seen at Part 3 of Appendix B(ii).
3.26 Application for a Private Hire Vehicle Licence – see Appendices C(i) and C(ii)
3.27 The current application form asks at Question 4
“…I hereby declare that I/we, *do have only the following convictions/do not have any convictions, whether motoring or otherwise, recorded against me/us…”. See Appendix C(i)
3.28 As stated in 2.2 and 2.3 above this does not include fixed penalty tickets and/or warnings and therefore, when asked an applicant can conceal these other findings of guilt if the current question is asked.
3.29 It is recommended that the question be re-worded to: “… I hereby declare that I/we, do/do not have any convictions, criminal findings of guilt including fixed penalty tickets), cautions and warnings whether for motoring or other offences and/or County Court Judgements/Orders (where the Judgement or Order relates to a debt or charge to another Hackney Carriage/Private Hire driver, owner or operator…” See Appendix C(ii)
3.30 The current application form asks at Question 5: “… I am not aware or have any reason to think I/we might be prosecuted for any offence in the future…” See Appendix C(i)
209
3.31 As stated in 2.2 and 2.3 above this does not include fixed penalty tickets and/or warnings and therefore, when asked an applicant can conceal these other findings of guilt if the current question is asked.
3.32 It is recommended that the question be re-worded to: “…I am/am not aware or have any reason to think that I may be convicted or have any criminal findings of guilt (including fixed penalty tickets), receive any cautions or warnings whether for motoring or other offences and/or receive any County Court Judgements/Orders (whether the Judgement or Order relates to a debt or charge to another hackney Carriage/Private Hire driver, owner or operator in the future…”
3.33 Application for a Hackney Carriage Vehicle Licence – see Appendices D(i) and D(ii)
3.34 The current application form asks at Question 4
“…I hereby declare that I/we, *do have only the following convictions/do not have any convictions, whether motoring or otherwise, recorded against me/us…”. See Appendix D(i)
3.35 As stated in 2.2 and 2.3 above this does not include fixed penalty tickets and/or warnings and therefore, when asked an applicant can conceal these other findings of guilt if the current question is asked.
3.36 It is recommended that the question be re-worded to: “… I hereby declare that I/we, do/do not have any convictions, criminal findings of guilt including fixed penalty tickets), cautions and warnings whether for motoring or other offences and/or County Court Judgements/Orders (where the Judgement or Order relates to a debt or charge to another Hackney Carriage/Private Hire driver, owner or operator…” See Appendix D(ii)
3.37 The current application form asks at Question 5: “… I am not aware or have any reason to think I/we might be prosecuted for any offence in the future…” See Appendix D(i)
3.38 As stated in 2.2 and 2.3 above this does not include fixed penalty tickets and/or warnings and therefore, when asked an applicant can conceal these other findings of guilt if the current question is asked.
3.39 It is recommended that the question be re-worded to: “…I am/am not aware or have any reason to think that I may be convicted or have any criminal findings of guilt (including fixed penalty tickets), receive any cautions or warnings whether for motoring or other offences and/or receive any County Court Judgements/Orders (whether the Judgement or Order relates to a debt or charge to another hackney Carriage/Private Hire driver, owner or operator in the future…” See Appendix D(ii)
210
3.40 Conditions Attached to the Grant of a Private Hire Vehicle Driver’s Licence – see Appendix E
3.41 There is currently no condition on the Private Hire Vehicle Driver’s Licence to inform the Licensing Team of any changes to their medical status that could affect their ability to drive safely.
3.42 This means that currently after an applicant has successfully passed a medical there is no way of knowing of any changes in medical status until another medical is due.
3.43 Medicals are taken as a new applicant and then in relation to age.
3.44 After first medical the next medical is due at the age of 45.
3.45 After the age of 45 medicals are due every 5 years until the age of 65.
3.46 After the age of 65 a medical is due every year.
3.47 It is therefore recommended that a new condition is attached at Number 9 which reads:
“…Shall, notify the Licensing Team of any medical condition, which may affect safe driving, which should also be notified to the DVLA forthwith”.
3.48 The current condition 10 states:
“…ALL CONVICTIONS, whether motoring or other offences and County Court Judgements/Order (where the judgement or order relates to a debt or charge to another Hackney Carriage/Private Hire driver, owner or operator) after the issue of this licence and during its currency must immediately after the date of conviction, be communicated in writing to the Licensing Authority. Failure to do so may result in proceedings being taken against you, suspension or evocation of the licence”.
3.49 As stated in 2.2 and 2.3 above this does not include fixed penalty tickets and/or warnings and therefore, when asked an applicant can conceal these other findings of guilt if the current question is asked.
3.50 It is recommended that Condition 10 be re-worded to:
“…ALL CONVICTIONS, criminal findings of guilt (including fixed penalty tickets), cautions and warnings, whether for motoring or other offences and County Court Judgements/Orders (where the Judgement/Order relates to a debt or charge to another Hackney carriage/Private Hire driver, owner or operator) after the issue of this licence and during its currency must immediately after the date of conviction, criminal finding of guilt (including fixed penalty ticket), cautions and warnings, be communicated to the Licensing Authority. Failure to do so may result in proceedings being taken against you, suspension or revocation of the licence”. See Appendix E
3.51 All drivers are required to sign a copy of the conditions of licence on the day
211
they receive the same to show that they have read and understood the same.
4. Resource Implications
4.1 (i) Finance (including impact on Savings Targets) – None.
- Capital Implications – None. - Revenue Implications – None.
4.2 (i) Staffing – None.
4.3 (ii) Property/Land/Accommodation Implications – None.
4.4 (iii) Procurement – None.
5. Legal Implications
5.1
(i) Legal –
5.2
(ii) Contractual – None.
5.3 (iii) Constitutional Issues – None. 6. Policy Implications
6.1 (i) Strategic Priority – None.
6.2 (ii) S.17 Crime and Disorder – Yes. The Council by not granting this
application may breach its duty under this Section: This section imposes a general duty on local authorities to exercise their functions with regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.
6.3 (iii) Equality and Diversity – None.
6.4 (iv) Environmental Sustainability – None.
6.5 (v) Community engagement/ communication – Yes. The Council could receive criticism if it did not support the National Campaign.
7. Assessment of Options
7.1 (i) Key Issues – None.
7.2 (ii) Risks Assessment (including Impact Assessment) – None.
8. Recommendation
8.1 Members views are sought as to whether;
To allow the changes to the applications forms and conditions of licence as shown at Appendices A, B, C, D and E.
212
Access to Information: Does the report contain exempt information, which would prejudice the public interest requirement if it was publicised?
Yes/No
Key Decision Yes/No
Key Decision Reference No.
Do the Exempt Information Categories Apply
Yes/No
Call In and Urgency: I s the decision one to which Rule 15 of the Scrutiny Procedure Rules apply?
Yes/No
Does the report contain Appendices?
Yes/No
If Yes, how many Appendices?
1
List of Background Papers:
Appendix A(i) – Current Application for a Hackney Carriage/Private Hire Vehicle Driver’s Licence Appendix A(ii) – Proposed New Application for a Hackney Carriage/Private Hire Vehicle Driver’s Licence Appendix B(i) – Current Application for a Re-licence to Act as a Hackney Carriage/Private Hire Vehicle Driver. Appendix B(ii) – Proposed New application for a Re-licence to act as a Hackney Carriage/Private Hire Vehicle Driver Appendix C(i) – Current Application for a Private Hire Vehicle Licence Appendix C(ii) – Proposed New Application for a Private Hire Vehicle Licence Appendix D(i) – Current Hackney Carriage Vehicle Licence Appendix D(ii) – Proposed New Application for Hackney Carriage Vehicle Licence Appendix E - Conditions Attached to the Grant of a Private Hire Vehicle Driver’s Licence.
Lead Officer: Samantha Kieran Telephone 873565
See below
213
Checklist Applies
Checklist Completed and retained as a background document
Consultation Required (Insert Name of Consultee and Date Completed)
Report Section That Applies
Items For Inclusion in all reports
Yes/No Yes/No
Resource Implications
Financial Implications (including impact on savings targets)
Resource Implications
Staffing
Resource Implications
Property/Land/ Accommodation
Resource Implications
Procurement
Legal Implications Legal
Legal Implications
Contractual
Legal Implications
Constitutional Issues
Policy Implications
Strategic Priority
Policy Implications
Section 17 Crime and Disorder
Policy Implications
Equality and Diversity (NB a full IA is mandatory if the report relates to a new/change to council policy)
Policy Implications
Environmental Sustainability
Policy Implications
Community engagement/ communication
Risk Implications
Risk Assessment
214
Appendix A1
215
216
217
218
219
220
221
Appendix A (ii) A
APPLICATION FOR
HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER’S LICENCE
Please contact the Licensing Team on 01522 873373 Our opening hours are as follows: - Monday, Tuesday and Thursday: 8:30 am – 5:00 pm Wednesday: 9:30 am – 5:00 pm Friday: 9:30 am – 12:30 pm
PLEASE READ THESE NOTES CAREFULLY BEFORE FILLING IN YOUR APPLICATION FORM
Who can apply? You must:
Be a “fit and proper person” to hold a licence;
Be over 21 and give your date of birth at Section 5;
Have held a full licence (either a full UK, Northern Ireland or European Community with UK Counterpart) to drive a car for at least 12 months. Give details at Section 6
Have a reasonable knowledge of the area;
Be eligible to work in the UK under sections 15 and 21 of the Immigration, Asylum & Nationality Act 2006.
“Fit & Proper” What does this mean? The Council must be satisfied that:
You are capable of dealing with the public
You are a safe driver
You can be trusted To help them decide this, Council members need to know about:
Any convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warning, whether for motoring or other offences.
To help us with this please fill in section 13. What must I put in Section 13? You should give details of any convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings whether for motoring or other offences.
222
Please note that under the Rehabilitation of Offenders Act 1974 (Exceptions)(Amendment) Order 2002 a Hackney Carriage and Private hire Driver is an “excepted occupation”. This means that any spent convictions MUST ALSO BE DISCLOSED. What must I put in Section 14? If you have been told that you may be prosecuted for anything, or if proceedings are already being taken against you, give the details in Section 14. Please note that checks will be made at the Criminal Record Bureau Office for convictions recorded within the UK. Any applicant who has spent time abroad or applicants from certain other countries will however be required to produce certificates of good conduct from a reputable source such as a Government Department or an Embassy covering the whole period of their residence in the other country. This certificate will have to include a check on previous convictions. If you have a valid reason for not being able to obtain a certificate of good conduct you will have to appear for interview before the Licensing Sub-Committee and be expected to produce additional proof of your good character. Additionally, applicants will be subject to an access check of their driving licence history provided by the DVLA. What if I get it wrong? The answers you give in Sections 13 and 14 will be checked with the Criminal Records Bureau. If you give false or incorrect information:
Your application may be held up and you will be required to attend an interview with the Licensing Sub-Committee
You may not get a licence
You may be prosecuted What will the Council do with the information? Any information you give us and any we get from the Criminal Records Bureau, a Foreign Embassy or Consul and the DVLA will be treated in the strictest confidence. It will only be used to help us consider your application and will not be kept longer than necessary. If I have convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings, whether for motoring or other offences, will they stop me getting a Licence? Having convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings, whether for motoring or other offences, will not necessarily stop you getting a Licence. The Council works to guidelines about the seriousness of various types of offence. You can ask to see them, but you should bear in mind they are not hard and fast rules.
223
The Council will take these guidelines into account, along with all other relevant circumstances, including:
How many convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings, whether for motoring or other offences, you have
How long ago the offences were committed
Your personal circumstances
Your references The Sub-Committee that deals with licensing applications may interview you about these matters. You will be told about this if the Licensing Officer decides you should be interviewed. If you would like to discuss what effect any convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings, whether for motoring or other offences, might have on your application, please telephone the Licensing Officer on Lincoln 01522 873373 for advice in confidence. What if my application is refused? You have a right to appeal in the Magistrates’ Court. You will be given further details about this if your application is refused. Costs of obtaining your private hire driver’s licence as at 01/04/09 *
The Fee for the Licence application is £23.00 The badge deposit is £ 6.00 The Fee for the Criminal Records Bureau Check is £36.00 The Fee for the DVLA Check is £ 5.00 TOTAL FEE £70.00
IF YOU GIVE FALSE OR INCORRECT INFORMATION
YOUR APPLICATION MAY BE HELD UP AND YOU MAY BE REQUIED TO ATTEND AN INTERVIEW WITH THE LICENSING SUB-COMMITTEE
YOUR LICENCE MAY BE REFUSED OR REVOKED
YOU MAY BE PROSECUTED
If you are applying for a new licence please note you cannot drive a City of Lincoln Private Hire vehicle until you have been issued a valid City of Lincoln Private Hire Drivers Badge.
224
*Please note fees are subject to review and to obtain the current cost please contact the Licensing Team.
225
PLEASE FIND DETAILED BELOW THE CONDITIONS THAT YOU WILL BE EXPECTED TO ADHERE TO IF YOUR LICENCE IS GRANTED.
CONDITIONS ATTACHED TO THE GRANT OF A PRIVATE HIRE VEHICLE DRIVERS
LICENCE
STANDARD CONDITIONS
The Driver of a Private Hire Vehicle: 1. Shall, when driving a private hire vehicle, wear in a conspicuous position, the private
hire vehicle drivers badge issued to him by the City Council. 2. Shall NOT permit the private hire vehicle to wait on stands appointed for hackney
carriages NOR shall proceed along the highway for the purposes of plying hire. 3. Shall, unless delayed or prevented by some sufficient cause, punctually attend at the
time and place appointed by the hirer, and shall not without reasonable cause prolong the distance or time, the journey for which the vehicle has been hired.
4. Shall not convey in the vehicle any greater number of persons than the number of
persons specified on the plate attached to the outside of the vehicle. 5. Shall behave in a manner and take all reasonable precautions to ensure the safety of
the persons conveyed in, or entering or alighting from the vehicle. 6. Shall, when requested by the hirer, convey a reasonable quantity of luggage and afford
reasonable assistance with the loading and unloading thereof. 7. Shall immediately after the termination of any hiring or as soon as practicable
thereafter, carefully search the vehicle for any property which may have been accidentally left therein, and upon finding any such property take it to a police station within the City of Lincoln within 24 hours.
8. Shall comply with the relevant sections of the Local Government (Miscellaneous
Provisions) Act 1976, appertaining to private hire vehicle drivers. 9. ALL CONVICTIONS, criminal findings of guilt (including fixed penalty tickets),
cautions and warnings, whether for motoring or other offences and County Court Judgements/Orders (where the judgement or order relates to a debt or charge to another Hackney Carriage/Private Hire driver, owner or operator) after the issue of this licence and during its currency must immediately after the date of conviction, criminal findings of guilt (including fixed penalty tickets), cautions and warnings, be communicated in writing to the Licensing Authority. Failure to do so may result in proceedings being taken against you, suspension or revocation of the licence.
SPECIAL CONDITIONS*
*These may be added by the Licensing Committee if they deem them necessary.
226
A
CRIMINAL RECORDS CHECK
DISCLOSURE OF PREVIOUS CONVICTIONS
You will be required to complete a form when you apply for your licence. You will need to provide for inspection documents that can evidence your identity. Please find below a list of the documents that we can accept as evidence of your identity. They are listed in two Groups. You will need to provide us with:
One document from Group 1 and two from Groups 1 and/or 2 or
Five documents from Group 2 GROUP 1
Passport – any nationality
UK Birth certificate – issued within 12 months of date of birth – full or short form acceptable including those issued by UK authorities overseas, such as Embassies, High Commissions and HM Forces.
UK issued Driving Licence – England/Wales/Scotland/Northern Ireland/Isle of Man; either photocard or paper. A photocard is only valid if the individual presents it with the counterpart licence.
EU National Identity Card – EU Countries only
HM Forces ID Card – UK
UK Firearms Licence
Adoption certificate – UK GROUP 2
Marriage/Civil Partnership Certificate
Financial Statement – e.g. pension, endowment, ISA - issued within the past 12 months
Birth Certificate
Vehicle Registration Document – Document V5 old style and V5C new style only
P45/P60 Statement – UK – issued within the past 12 months
Mail Order Catalogue Statement – document should be less than 3 months old
227
Bank/Building Society Statement – document should be less than 3 months old
Court Claim Form – UK – issued within the past 12 months
Utility Bill – electricity, gas, water, telephone, including, mobile phone contract/bill – document should be less than 3 months old
Exam certificate – GCSE, NVQ, O Levels, Degree
TV Licence – issued within past 12 months
Addressed pay slip – document should be less than 3 months old
Credit Card Statement – document should be less than 3 months old
National Insurance Card – UK
Store Card Statement – document should be less than 3 months old
NHS Card – UK
Mortgage Statement – issued within past 12 months
Benefits Statement – child allowance, pension – document should be less than 3 months old
Insurance Certificate – issued within past 12 months
Certificate of British Nationality – UK
Council Tax Statement – UK – issued within past 12 months
Work Permit/Visa – UK issued within past 12 months
A document from Central/Local Government/Government Agency/Local Authority giving entitlement – UK – Department for Work and Pensions, the Employment Service, Customs & Revenue, Job Centre, Job Centre Plus and Social Security – document should be less than 3 months old
One of the following documents from the Borders and Immigration Agency (BIA) (Formerly the Immigration and Nationality Directorate – IND) – UK – Do not use more than one of the following documents – Convention Travel Document (CTD), Stateless Person’s Document (SPD), Certificate of Identity (CID), Application Registration Card (ARC)
Connexions Card
CRB Disclosure Certificate – issued within the past 12 months
Letter from a Head Teacher – document should be less than 3 months old
228
A
APPLICATION FOR A HACKNEY CARRIAGE/PRIVATE HIRE DRIVER’S LICENCE AND BADGE
PLEASE READ THE GUIDANCE NOTES YOU HAVE BEEN SUPPLIED WITH BEFORE FILLING IN THIS FORM. I hereby apply for a licence to work as a driver of any Hackney Carriage/Private Hire Vehicle Driver (delete which is not applicable) licensed by the City of Lincoln Council I authorise the Council to make such enquiries as they think necessary in respect of my application. I understand this will include making enquiries of the Police to find out whether there are any convictions recorded against me.
IMPORTANT
It is an offence to drive a Hackney Carriage/Private Hire vehicle without a licence. A licence must have been granted before you are entitled to drive such a vehicle. If you are re-licensing then your old licence expires on the date shown on the licence and it does not entitle you to drive beyond that date.
1 Full Name (block capitals) State whether Mr, Mrs, Miss, Ms or other title).
2 Permanent Address
3 Telephone Number (s)
4 Email address
229
5 Date of Birth (An applicant
must be over 21 years of age)
6 Have you held for at least 12
Months, a full driving licence (not a provisional) this includes Licences from UK, Northern Ireland, or European Community Licences
Yes
No
If you hold a European Community Licence
do you hold a UK Counterpart Licence
Yes
No
7 Under Sections 15 and 21 of the
Immigration, Asylum and Nationality Act 2006 do you require a work permit (evidence may be required)?
Yes
No
Under Sections 15 and 21 of the
Immigration, Asylum and Nationality Act 2006 are you subject to any legal restrictions in respect of your employment in the UK (evidence may be required)?
Yes
No
8 Have you spent any significant time
outside of the UK in the past 5 years (any period of 3 months and over)?
Yes
No
If yes, please give details
Yes
No
9 Name of Private Hire/Hackney Carriage Operator by whom you would be employed
230
10 Have you previously held a hackney Carriage/Private Hire Vehicle Driver’s Licence with this or any other Local Authority? If yes state the name of the Local Authority that licensed you.
11 Present Occupation
12 Name and Address of Present Employer
13 PLEASE READ THE ATTACHED GUIDANCE NOTES YOU HAVE
BEEN SUPPLIED WITH BEFORE ANSWERING THIS QUESTION IF YOU ARE IN ANY DOUBT REFER TO THE CITY OF LINCOLN
COUNCIL LICENSING OFFICER FOR HELP AND GUIDANCE ** SPENT CONVICTIONS, CRIMINAL FINDINGS OF GUILT
(INCLUDING FIXED PENALTY TICKETS), CAUTIONS AND WARNINGS, WHETHER FOR MOTORING OR OTHER OFFENCES MUST BE DISCLOSED
Are there any previous convictions, criminal
findings of guilt (including fixed penalty tickets), cautions and warnings, whether for motoring or other offences recorded against you
Yes
No
If Yes give full details:
Date of convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings, whether for motoring or other offences
Offence Court Sentence
231
14 Are you currently being prosecuted for any
offence or have you any reason to think you might be prosecuted for any offence in the future?
Yes
No
If yes give full details:
To the best of my knowledge and belief, the particulars given on the form are correct and complete. I understand that if, whether accidentally or not, I have made any false statement or withheld any material information to obtain the issue of a licence then such licence may be refused, or if such licence is issued it may subsequently be suspended or revoked and I may be prosecuted. Signature of applicant…………………………………………………………… Dated:………………………………………………………………………………
232
Fees Licence Fee for one year £23.00 Enhanced CRB Check £36.00 Badge Deposit £ 6.00 DVLA Disclosure £ 5.00 TOTAL £70.00 Cheques should be made payable to “City of Lincoln Council”. 2 x passport size photographs should be supplied with your application. Please refer to the attached guidance for the documents required for a CRB Check.
233
A
HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVER
CERTIFICATE OF CHARACTER
To be completed by TWO householders or Council Tax payers, who are over the age of 18 and are not related to you or co-habitees. They must have known to you for the past three years. Please note we will be writing to these nominated persons asking them specific questions about you. I, the undersigned, HEREBY DECLARE: Name of Applicant:…………………………………………………………………….. Address of Applicant:………………………………………………………………… Has been known to me personally during the period stated opposite my name and address, and that the Applicant is sober, honest, of good character, clean in person and civil in manner and behaviour. In my opinion, the Applicant is a suitable person to be licensed as a driver of a Hackney Carriage/Private Hire vehicle.
Name and Address of Referees (in Block
Capitals)
Period during which referee has personally known the applicant
Signature of referee
From:
To:
From
To:
234
A
HACKNEY CARRIAGE/PRIVATE HIRE DRIVER’S LICENCE
APPLICATION CHECKLIST
Book an appointment with a member of the Licensing Team on 01522 873373 to do this. Please note that applications must be made in person
Application Form completed and signed Certificate of Character completed with nominated
referees 2 passport photographs Full Driving Licence and Counterpart in current
address, original to be brought to appointment DVLA Mandate completed and signed CRB Form completed and signed Required evidence of identity supplied (original
documentation only) as per guidelines attached Fee of £70.00 Medical Form (will be required before licence is
issued but not essential at initial application appointment).
IF YOU GIVE FALSE OR INCORRECT INFORMATION
YOUR APPLICATION MAY BE HELD UP AND YOU MAY BE REQUIED TO ATTEND AN INTERVIEW WITH THE LICENSING SUB-COMMITTEE
235
YOUR LICENCE MAY BE REFUSED OR REVOKED
YOU MAY BE PROSECUTED
236
Appendix B1
237
238
239
240
241
09/07/2009
Page 1 of 6
Appendix B (ii) a
APPLICATION FOR A RE-LICENCE TO ACT AS
HACKNEY CARRIAGE/PRIVATE HIRE DRIVER
To: The Licensing Committee of City of Lincoln Council
PART 1
I, the undersigned being the holder of Licence Number ........................................ apply to act as a
driver of Hackney Carriage/Private Hire vehicles within the City of Lincoln and hereby make
application for a Licence to be effective from ................................................ until
................................................ for which I enclose the fee of £28.00 (licence fee £23.00 and £5
DVLA check) or £64.00 (to include CRB disclosure). (Please note that the DVLA and CRB fees
are not refundable.)
Full Name (block capitals)
Address (inc postcode)
Date of Birth
Telephone No(s).
Email address(es).
PART 2
I hereby declare that since my last application for a Licence, I:-
*(a) have not had any convictions, criminal findings of guilt (including fixed
penalty tickets), cautions and warnings, whether for motoring or other
offences
*(b) am not aware or have any reason to think I might be prosecuted or receive
any criminal findings of guilt (including fixed penalty tickets), cautions, and
warnings for any offence whether motoring or otherwise in the future
*(c) have been convicted for the following offence(s)
*Delete that which is not applicable
Date Court Offence Penalty
(please use separate sheet if required)
IF YOU GIVE FALSE OR INCORRECT INFORMATION:
Your application may be held up and you will be required to attend an interview
with the Licensing Sub-Committee
Your licence may be refused or revoked
You may be prosecuted
242
09/07/2009
Page 2 of 6
PART 3
Have you spent any significant time outside of
the UK since your last application (3 months or
over)
Yes No
If yes please give
details
PART 4
I do not have a medical condition that would affect my ability to drive private hire or hackney
carriage vehicles (if you have a medical condition then you will require a medical to the DVLA
Group 2 medical standard).
SIGNED: DATED:
PART 5
Name of Operator (if
applicable)
Are you an owner driver Yes No
If yes, please give the plate no(s) of your
licensed vehicle(s)
If no, who is the owner of the vehicle that you
drive?
I understand that it is an offence knowingly or recklessly to make any false statement
or leave out any material information to obtain my Licence and that if I do so
proceedings may be taken against me and my Licence may be suspended or revoked.
I declare that to the best of my knowledge and belief that particulars
given on this form are correct and complete.
Signed ..........................................................................
Dated ..........................................................................
THE FEE (payable to “City of Lincoln Council”), TWO PHOTOGRAPHS AND FULL
DRIVING LICENCE (both parts if a photo card licence) MUST BE PROVIDED BEFORE
THIS APPLICATION CAN BE PROCESSED.
243
09/07/2009
Page 3 of 6
HACKNEY CARRIAGE/PRIVATE HIRE DRIVER’S LICENCE RE-LICENCE APPLICATION CHECKLIST
Book an appointment. No applications will be accepted unless at an interview with a member of the Licensing Team. Please call on 01522 873565 to book appointments. Please note that you will need to book an appointment for a re-licence with a CRB no less than 6 weeks before your licence is due to expire and if you do not require a CRB at least one week before licence is due to expire. You must bring with you the following: -
Application Form completed and signed
2 passport photographs Full driving licence and counterpart in current address, original
to be brought to appointment with Licensing Officer DVLA Mandate completed and signed CRB Form completed and signed if required (every second
year) Required evidence of identity for CRB form (original
documentation only) as per guidelines attached. Correct Fee (£28.00 if no CRB - £64.00 if CRB) Medical if required (this is not required at appointment but a
licence will not be issued until the Licensing Team have received the same)
IF YOU REQUIRE A CRB CHECK PLEASE REMEMBER YOU MUST BOOK YOUR APPOINTMENT NOT LESS THAN 6 WEEKS BEFORE YOUR CURRENT LICENCE EXPIRES. FAILURE TO DO SO COULD RESULT IN A DELAY IN YOUR NEW LICENCE BEING ISSUED.
IF YOU GIVE FALSE OR INCORRECT INFORMATION
YOUR APPLICATION MAY BE HELD UP AND YOU MAY BE
REQUIRED TO ATTEND AN INTERVIEW WITH THE
LICENSING SUB-COMMITTEE
YOUR LICENCE MAY BE REFUSED OR REVOKED
YOU MAY BE PROSECUTED
244
09/07/2009
Page 4 of 6
CONDITIONS ATTACHED TO THE GRANT OF A PRIVATE HIRE VEHICLE DRIVERS
LICENCE
STANDARD CONDITIONS
The Driver of a Private Hire Vehicle: 1. Shall, when driving a private hire vehicle, wear in a conspicuous position, the private hire vehicle
drivers badge issued to him by the City Council. 2. Shall NOT permit the private hire vehicle to wait on stands appointed for hackney carriages NOR shall
proceed along the highway for the purposes of plying hire. 3. Shall, unless delayed or prevented by some sufficient cause, punctually attend at the time and place
appointed by the hirer, and shall not without reasonable cause prolong the distance or time, the journey for which the vehicle has been hired.
4. Shall not convey in the vehicle any greater number of persons than the number of persons specified on
the plate attached to the outside of the vehicle. 5. Shall behave in a manner and take all reasonable precautions to ensure the safety of the persons
conveyed in, or entering or alighting from the vehicle. 6. Shall, when requested by the hirer, convey a reasonable quantity of luggage and afford reasonable
assistance with the loading and unloading thereof. 7. Shall immediately after the termination of any hiring or as soon as practicable thereafter, carefully
search the vehicle for any property which may have been accidentally left therein, and upon finding any such property take it to a police station within the City of Lincoln within 24 hours.
8. Shall comply with the relevant sections of the Local Government (Miscellaneous Provisions) Act 1976,
appertaining to private hire vehicle drivers.
9. ALL CONVICTIONS, criminal findings of guilt (including fixed penalty tickets), cautions and
warnings, whether for motoring or other offences and County Court Judgements/Orders (where
the judgement or order relates to a debt or charge to another Hackney Carriage/Private Hire
driver, owner or operator) after the issue of this licence and during its currency must
immediately after the date of conviction, criminal findings of guilt (including fixed penalty
tickets), cautions and warnings, be communicated in writing to the Licensing Authority. Failure
to do so may result in proceedings being taken against you, suspension or revocation of the
licence.
SPECIAL CONDITIONS
These may be added by the Licensing Committee is they deem them necessary.
245
09/07/2009
Page 5 of 6
A
CRIMINAL RECORDS CHECK
DISCLOSURE OF PREVIOUS CONVICTIONS
You will be required to complete a form when you apply for your licence. You will need to provide for inspection documents that can evidence your identity. Please find below a list of the documents that we can accept as evidence of your identity. They are listed in two Groups. You will need to provide us with:
One document from Group 1 and two from Groups 1 and/or 2 or
Five documents from Group 2 GROUP 1
Passport – any nationality
UK Birth certificate – issued within 12 months of date of birth – full or short form acceptable including those issued by UK authorities overseas, such as Embassies, High Commissions and HM Forces.
UK issued Driving Licence – England/Wales/Scotland/Northern Ireland/Isle of Man; either photocard or paper. A photocard is only valid if the individual presents it with the counterpart licence.
EU National Identity Card – EU Countries only
HM Forces ID Card – UK
UK Firearms Licence
Adoption certificate – UK GROUP 2
Marriage/Civil Partnership Certificate
Financial Statement – e.g. pension, endowment, ISA - issued within the past 12 months
Birth Certificate
Vehicle Registration Document – Document V5 old style and V5C new style only
P45/P60 Statement – UK – issued within the past 12 months
Mail Order Catalogue Statement – document should be less than 3 months old
Bank/Building Society Statement – document should be less than 3 months old
Court Claim Form – UK – issued within the past 12 months
Utility Bill – electricity, gas, water, telephone, including, mobile phone contract/bill – document should be less than 3 months old
Exam certificate – GCSE, NVQ, O Levels, Degree
TV Licence – issued within past 12 months
Addressed pay slip – document should be less than 3 months old
Credit Card Statement – document should be less than 3 months old
National Insurance Card – UK
Store Card Statement – document should be less than 3 months old
NHS Card – UK
246
09/07/2009
Page 6 of 6
Mortgage Statement – issued within past 12 months
Benefits Statement – child allowance, pension – document should be less than 3 months old
Insurance Certificate – issued within past 12 months
Certificate of British Nationality – UK
Council Tax Statement – UK – issued within past 12 months
Work Permit/Visa – UK issued within past 12 months
A document from Central/Local Government/Government Agency/Local Authority giving entitlement – UK – Department for Work and Pensions, the Employment Service, Customs & Revenue, Job Centre, Job Centre Plus and Social Security – document should be less than 3 months old
One of the following documents from the Borders and Immigration Agency (BIA) (Formerly the Immigration and Nationality Directorate – IND) – UK – Do not use more than one of the following documents – Convention Travel Document (CTD), Stateless Person’s Document (SPD), Certificate of Identity (CID), Application Registration Card (ARC)
Connexions Card
CRB Disclosure Certificate – issued within the past 12 months
Letter from a Head Teacher – document should be less than 3 months old
247
Appendix C1
248
249
250
Appendix C(ii) A
APPLICATION FOR A PRIVATE HIRE VEHICLE LICENCE
In accordance with Section 48 of the Local Government (Miscellaneous Provisions) Act 1976, I the undersigned hereby make application to operate a private hire vehicle within the City of Lincoln. 1. Name of Applicant:…………………………………………………………… (NB not to be the name of a company) Address:……………………………………………………………………….. ………………………………………………………………………………….. 2. Colour:…………………………… Make:……………………………………. Type of vehicle:……………………… Year of Manufacture:……………... Registration No:……………………..
To carry:……… persons (excluding Driver) 3. I hereby declare that: I am the sole proprietor of the vehicle Yes No If no who do you own the vehicle with: Name of Partner (s) Address: …………………………………. ………………………………………….. ………………………………… ………………………………………….. ………………………………… …………………………………………..
4. I hereby declare that I/we, *do/do not not have any convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings whether for motoring or other offences and/or County Court Judgements/Orders (where the Judgement or Order relates to a debt or charge to another Hackney carriage/Private Hire driver, owner or operator.
* Delete which is not applicable If you have deleted *do not above please give details of all convictions, criminal findings of guilt (including fixed penalty tickets), cautions and
251
warnings whether for motoring or other offences and/or County Court Judgements/Orders (where the Judgement or Order relates to a debt or charge to another Hackney Carriage/Private Hire driver, owner or operator. ………………………………………………………………………………….. ………………………………………………………………………………….. …………………………………………………………………………………..
5. I *am/am not aware or have any reason to think that I may be convicted or have any criminal findings of guilt (including fixed penalty tickets), receive any cautions or warnings whether for motoring or other offence and/or receive any County Court Judgements/Orders (whether the Judgement or Order relates to a debt or charge to another Hackney Carriage/Private Hire Driver, owner or operator in the future.
*Delete as appropriate If you have deleted am not please give details: ………………………………………………………………………………….. ………………………………………………………………………………….. …………………………………………………………………………………..
6. Do you have any objections to enquiries being made of the Police
regarding any such convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings whether for motoring or other offences and/or County Court Judgements/Orders (where the Judgement or Order relates to a debt or charge to another Hackney carriage/Private Hire driver, owner or operator.
Yes/No
7. I hereby declare that if granted a licence to operate the stated vehicle
in the City of Lincoln, I shall comply with the conditions attached to the licence as indicated on form PH7.
To the best of my knowledge the answers to the previous questions have been answered truthfully, and in my knowledge that any omissions or incorrect statements may result in my licence being refused or revoked and/or proceedings may be taken against me. Signature of Applicant:……………………………………………………. Dated:…………………………………………………………………….. NOTES
252
(A) If this application is for a re-licence of a current licence please state the Licence No:…………….
(B) A separate licence is required for each vehicle you wish to use for Private Hire Purposes.
(C) Any convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings whether for motoring or other offences and/or County Court Judgements/Orders (where the Judgement or Order relates to a debt or charge to another Hackney carriage/Private Hire driver, owner or operator recorded against the proprietor after completion of this form must be reported to the Licensing Team, City Hall, Beaumont Fee, Lincoln LN1 1DD
(D) The fee payable for a Private Hire vehicle licence is £126.00 and should accompany this application, if the application is for the first licensing of a vehicle there is an additional £13.00 deposit for the vehicle plates.
(E) Cheques should be made payable to “City of Lincoln Council”. (F) The original vehicle insurance documentation must accompany
this application (no faxes or emails will be accepted).
IF YOU GIVE FALSE OR INCORRECT INFORMATION
YOUR APPLICATION MAY BE HELD UP AND YOU MAY BE REQUIED TO ATTEND AN INTERVIEW WITH THE LICENSING SUB-COMMITTEE
YOUR LICENCE MAY BE REFUSED OR REVOKED
YOU MAY BE PROSECUTED
253
A
Application for a Private Hire Vehicle Licence Checklist
Book an appointment. No one will be able to make an
application without booking an appointment to see a member of the Licensing Team. Please telephone Tom Charlesworth on 01522 873373 to do so.
Application Form completed and signed. Original Driving Licence both photo card and counterpart
in current address. Original Insurance documentation (faxes/emails will not
be accepted) Original VOSA MOT (if applicable) Council Test Certificate Original Proof of Registration If re-licensing both external and internal Council plates Fee
IF YOU GIVE FALSE OR INCORRECT INFORMATION
YOUR APPLICATION MAY BE HELD UP AND YOU MAY BE REQUIED TO ATTEND AN INTERVIEW WITH THE LICENSING SUB-COMMITTEE
YOUR LICENCE MAY BE REFUSED OR REVOKED
YOU MAY BE PROSECUTED
254
Appendix D1
255
256
09/07/2009 Page 1 of 4
Appendix D (ii) A
APPLICATION FOR A HACKNEY CARRIAGE VEHICLE LICENCE
In accordance with the relevant provisions in the Town Police Causes Act 1847, the Public Health Act 1875 and the Local Government (Miscellaneous Provisions) Act 1976, I the undersigned hereby make application to operate a hackney carriage within the City of Lincoln. 1. Name of Applicant:…………………………………………………………… (NB not to be the name of a company) Address:……………………………………………………………………….. ………………………………………………………………………………….. 2. Colour:…………………………… Make:……………………………………. Type of vehicle:……………………… Year of Manufacture:……………... Registration No:……………………..
To carry:……… persons (excluding Driver) 3. I hereby declare that: I am the sole proprietor of the vehicle Yes No If no who do you own the vehicle with: Name of Partner (s) Address: …………………………………. ………………………………………….. ………………………………… ………………………………………….. ………………………………… …………………………………………..
4. I hereby declare that I/we, *do/do not not have any convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings whether for motoring or other offences and/or County Court Judgements/Orders (where the Judgement or Order relates to a debt
257
09/07/2009 Page 2 of 4
or charge to another Hackney carriage/Private Hire driver, owner or operator.
* Delete which is not applicable If you have deleted *do not above please give details of all convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings whether for motoring or other offences and/or County Court Judgements/Orders (where the Judgement or Order relates to a debt or charge to another Hackney Carriage/Private Hire driver, owner or operator. ………………………………………………………………………………….. ………………………………………………………………………………….. …………………………………………………………………………………..
5. I *am/am not aware or have any reason to think that I may be convicted or have any criminal findings of guilt (including fixed penalty tickets), receive any cautions or warnings whether for motoring or other offence and/or receive any County Court Judgements/Orders (whether the Judgement or Order relates to a debt or charge to another Hackney Carriage/Private Hire Driver, owner or operator in the future.
*Delete as appropriate If you have deleted am not please give details: ………………………………………………………………………………….. ………………………………………………………………………………….. …………………………………………………………………………………..
6. Do you have any objections to enquiries being made of the Police regarding any such convictions, criminal findings of guilt (including fixed penalty tickets), cautions and warnings whether for motoring or other offences and/or County Court Judgements/Orders (where the Judgement or Order relates to a debt or charge to another Hackney carriage/Private Hire driver, owner or operator.
Yes/No
7. I hereby declare that if granted a licence to operate the stated vehicle in the City of Lincoln, I shall comply with the conditions attached to the licence as indicated on form HC7.
258
09/07/2009 Page 3 of 4
To the best of my knowledge the answers to the previous questions have been answered truthfully, and in my knowledge that any omissions or incorrect statements may result in my licence being refused or revoked and/or proceedings may be taken against me. Signature of Applicant:……………………………………………………. Dated:…………………………………………………………………….. NOTES (A) If this application is for a re-licence of a current licence please
state the Licence No:……………. (B) A separate licence is required for each vehicle you wish to use
as a hackney carriage. (C) Any convictions, criminal findings of guilt (including fixed penalty
tickets), cautions and warnings whether for motoring or other offences and/or County Court Judgements/Orders (where the Judgement or Order relates to a debt or charge to another Hackney carriage/Private Hire driver, owner or operator recorded against the proprietor after completion of this form must be reported to the Licensing Team, City Hall, Beaumont Fee, Lincoln LN1 1DD
(D) The fee payable for a hackney carriage vehicle licence is £126.00 and should accompany this application, if the application is for the first licensing of a vehicle there is an additional £13.00 deposit for the vehicle plates.
(E) Cheques should be made payable to “City of Lincoln Council”. (F) The original vehicle insurance documentation must accompany
this application (no faxes or emails will be accepted).
IF YOU GIVE FALSE OR INCORRECT INFORMATION
YOUR APPLICATION MAY BE HELD UP AND YOU MAY BE REQUIED TO ATTEND AN INTERVIEW WITH THE LICENSING SUB-COMMITTEE
YOUR LICENCE MAY BE REFUSED OR REVOKED
YOU MAY BE PROSECUTED
259
09/07/2009 Page 4 of 4
A
Application for a Private Hire Vehicle Licence Checklist
Book an appointment. No one will be able to make an application without booking an appointment to see a member of the Licensing Team. Please telephone Tom Charlesworth on 01522 873373 to do so.
Application Form completed and signed. Original Driving Licence both photo card
and counterpart in current address. Original Insurance documentation
(faxes/emails will not be accepted) Original VOSA MOT (if applicable) Council Test Certificate Original Proof of Registration If re-licensing both external and internal
Council plates Fee
IF YOU GIVE FALSE OR INCORRECT INFORMATION
YOUR APPLICATION MAY BE HELD UP AND YOU MAY BE REQUIED TO ATTEND AN INTERVIEW WITH THE LICENSING SUB-COMMITTEE
YOUR LICENCE MAY BE REFUSED OR REVOKED
YOU MAY BE PROSECUTED
260
Appendix E
STANDARD CONDITIONS The Driver of a Private Hire Vehicle: 1. Shall, when driving a private hire vehicle, wear in a conspicuous position,
the private hire vehicle drivers badge issued to him by the City Council. 2. Shall NOT permit the private hire vehicle to wait on stands appointed for
hackney carriages NOR shall proceed along the highway for the purposes of plying hire.
3. Shall, unless delayed or prevented by some sufficient cause, punctually
attend at the time and place appointed by the hirer, and shall not without reasonable cause prolong the distance or time, the journey for which the vehicle has been hired.
4. Shall not convey in the vehicle any greater number of persons than the
number of persons specified on the plate attached to the outside of the vehicle.
5. Shall behave in a manner and take all reasonable precautions to ensure
the safety of the persons conveyed in, or entering or alighting from the vehicle.
6. Shall, when requested by the hirer, convey a reasonable quantity of
luggage and afford reasonable assistance with the loading and unloading thereof.
7. Shall immediately after the termination of any hiring or as soon as
practicable thereafter, carefully search the vehicle for any property which may have been accidentally left therein, and upon finding any such property take it to a police station within the City of Lincoln within 24 hours.
8. Shall comply with the relevant sections of the Local Government
(Miscellaneous Provisions) Act 1976, appertaining to private hire vehicle drivers.
9. Shall notify the Licensing Authority of any medical condition, which may
affect safe driving, which should also be notified to the DVLA, forthwith. 10. ALL CONVICTIONS, criminal findings of guilt (including fixed
penalty tickets), cautions and warnings, whether for motoring or other offences and County Court Judgements/Orders (where the judgement or order relates to a debt or charge to another Hackney Carriage/Private Hire driver, owner or operator) after the issue of this licence and during its currency must immediately after the date of conviction, criminal findings of guilt (including fixed penalty tickets), cautions and warnings, be communicated in writing to the
261
Appendix E
Licensing Authority. Failure to do so may result in proceedings being taken against you, suspension or revocation of the licence.
SPECIAL CONDITIONS
262
Item No. 10 LICENSING COMMITTEE 20 JULY 2009
SUBJECT:
DISABILITY DISCRIMINATION ACT 1995 IMPROVING ACCESS TO TAXIS
REPORT BY:
DIRECTOR OF RESOURCES
LEAD OFFICER:
KEVIN BARRON, LICENSING MANAGER
1. Purpose of Report
1.1 To inform the Committee of a letter received from the Spinal Injuries
Association (SIA) regarding wheel-chair accessibility of hackney carriages (taxis).
1.2 To consider the approach to be taken in respect of the SIA’s Charter in respect of wheelchair accessible taxis.
2. Background
2.1 The Department for Transport (DfT) issued a consultation document on the improving access to taxis. A copy of this document can be seen at Appendix A.
2.2 The SIA has considered the document and has forwarded its views to Licensing Authorities. The letter and Charter can be seen at Appendix B.
3. Main Body of Report
3.1 The consultation on improving access to taxis closed on the 29 April 2009 and it appears that nothing has occurred since that date. The full chronology of the Department’s progress can be seen on their website http://www.dft.gov.uk/transportforyou/access/taxis/
3.2 Part 5 of the Disability Discrimination Act 1995 (DDA) has yet to be implemented. This deals with the carriage of disabled persons on various sorts of transport.
3.3 An aim of the DfT is to introduce and agree technical standards for accessibility in taxis and determining on whether these standards should be issued as guidance or introduced as a regulation.
3.4 At the moment, part 5 of the DDA is not implemented law and there are no technical standards issued by the DfT to comply with, therefore, it is up to each Licensing Authority to issue its own standards.
263
3.5 Some time ago, the Council resolved that all taxis be wheelchair accessible and be side loading.
3.6 In 2007 the Council issued standards in respect of vehicles in its taxi fleet. These are:
Has European Whole Body Type (M1) Approval, Low Volume Vehicle Type Approval, or Single Vehicle Type Approval (including an inspection certificate issued by VOSA) as a minimum standard;
Is of the London Taxi-cab or people carrier style of body; and Existing vehicles on the Council’s Hackney Carriage register (as of the
date of the resolution) be exempt from this requirement.
3.7 The SIA represent the views of those with spinal injuries and to a great extent, the taxis comply with their requirements.
3.8 These are the views of only a section of the disabled and other sections may require different (and possibly conflicting) requirements.
3.9 Examples being the on-going debate on rear loading wheelchair accessible taxis, another being the style of vehicle i.e. saloon versus black-cab style.
3.10 It appears that there is no style of vehicle or specification, which can meet the needs of every disabled person.
3.11 What is unknown is the ability of taxi drivers to be aware of the needs of the disabled. There are various courses and qualifications available (some being NVQ being offered free of charge).
3.12 The Licensing Team has been active in promoting these courses to raise awareness and has liaised with the Chamber of Commerce, Goskills and other providers to facilitate awareness in customer care, including disability issues.
3.13 The proposals aimed at Local Authorities put forward by the SIA have several issues, some of which are beyond the remit of the Licensing Committee and maybe even the Council; some not applicable to this Council; and some may have a detrimental side-effect.
4. Resource Implications
4.1 (i) Finance (including impact on Savings Targets)
- Capital Implications
- Revenue Implications There is no revenue due to the Authority from these proposals.
4.2 (i) Staffing Nil.
264
4.3 (ii) Property/Land/Accommodation Implications
4.4 (iii) Procurement
Discretionary assessments
5. Policy Implications
5.1 (i) Strategic Priority
5.2 (ii) S.17 Crime and Disorder
5.3 (iii) Equality and Diversity
5.4 (iv) Environmental Sustainability
5.5 (v) Community engagement/ communication 6. Consultation and Communication 7. Legal Implications
7.1 (i) Legal – Nil.
7.2 (ii) Contractual – Nil.
7.3 (iii) Constitutional Issues - Nil.
Mandatory Assessment
8. Assessment of Options
8.1 (i) Key Issues
8.2 (ii) Risks Assessment (including Impact Assessment)
9. Recommendation
9.1 That the Licensing Committee note the contents of the Charter.
9.2 That the Licensing Committee determine what further, if anything, it feels it can do to promote disabled access to taxis before a technical standard for them is determined.
265
Access to Information: Does the report contain exempt information, which would prejudice the public interest requirement if it was publicised?
No
Key Decision No
Key Decision Reference No.
Do the Exempt Information Categories Apply
Yes/No
Call In and Urgency: I s the decision one to which Rule 15 of the Scrutiny Procedure Rules apply?
Yes/No
List of Background Papers:
Appendix A DfT Consultation Document Appendix B Spinal Injuries Association Charter
Lead Officer: Kevin Barron Telephone 873564
266
Consultation on Improving Access to Taxis
February 2009
267
268
Consultation on Improving Access to Taxis
February 2009
269
The Department for Transport has actively considered the needs of blind and partially sighted people in accessing this document. The text will be made available in full on the Department’s website in accordance with the W3C’s Web Content Accessibility Guidelines. The text may be freely downloaded and translated by individuals or organisations for conversion into other accessible formats. If you have other needs in this regard please contact the Department.
Department for Transport Great Minster House 76 Marsham Street London SW1P 4DR Telephone 020 7944 8300 Website www.dft.gov.uk
© Crown copyright 2009
Copyright in the typographical arrangement rests with the Crown.
This publication, excluding logos, may be reproduced free of charge in any format or medium for noncommercial research, private study or for internal circulation within an organisation. This is subject to it being reproduced accurately and not used in a misleading context. The copyright source of the material must be acknowledged and the title of the publication specified.
For any other use of this material, apply for a ClickUse Licence at www.opsi.gov.uk/clickuse/index.htm, or by writing to the Licensing Division, Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU or email [email protected]
To order further copies of this publication contact: DfT Publications Tel: 030 0123 1102 Email: [email protected]
ISBN 978 1 906581 46 6
For a fuller listing of DfT publications, see www.dft.gov.uk/about/dftpubdatabase/
Printed in Great Britain on paper containing at least 75 per cent recycled fibre.
270
Contents
Foreword 4
1. Introduction 5
2. Improving access to taxis 15
Annex A Bibliography 42
Annex B Impact Assessment 45
Annex C Draft technical specification 78
Annex D Code of Practice on Consultation 101
3
271
Foreword
Taxis have a vital role to play in the transport system and help many people to travel to jobs, services, education and social networks. It gives me great pleasure to present this consultation, which explores how to improve access to taxis for disabled people, ensuring that they, in turn, might be able to have greater access and equality of opportunity.
I know that the issue of taxi accessibility has been under consideration for some time and that it has proven difficult so far to deliver the changes that are needed whilst, at the same time, ensuring that the taxi industry remains viable. I am, however, committed to finding positive solutions to the issues that need to be addressed, that will provide a fleet which meets the needs of all users and that will affirm the role of taxis as an integral part of the transport system.
I hope that this consultation document will stimulate a constructive discussion of the issues and that it we enable us to develop and implement a strategy that will result in real improvements. Following this consultation, we will publish a policy strategy in spring 2009 that will set out in detail the conclusions of the consultation and the way forward.
Your views are important, so please use this opportunity to share them with us and contribute to the discussion
Paul Clark MP Parliamentary Under Secretary of State for Transport
4
272
1. Introduction
1.1 Transport affects everyone and is essential for a strong economy and society, providing access to jobs, services and leisure activities. The Department for Transport’s (DfT) aim is transport that works for everyone, and we have four strategic objectives to:
• sustain economic growth and improved productivity through reliable and efficient transport networks;
• improve the environmental performance of transport and tackle climate change;
• strengthen the safety and security of transport; and
• enhance access to jobs, services, leisure facilities and social networks, including for the most disadvantaged.
1.2 In November 2008, the DfT published Delivering a Sustainable Transport System. The strategy document outlines, amongst others, five goals for transport. These are to:
• support national economic competitiveness and growth, by delivering reliable and efficient transport networks;
• reduce transport’s emissions of carbon dioxide and other greenhouse gases, with the desired outcome of tackling climate change;
• contribute to better safety, security and health and longer life expectancy by reducing the risk of death, injury or illness arising from transport, and by promoting travel modes that are beneficial to health;
5
273
Consultation on Improving Access to Taxis
• promote greater equality of opportunity for all citizens, with the desired outcome of achieving a fairer society; and
• improve quality of life for transport users and nontransport users, and to promote a healthy natural environment.
1.3 The DfT’s aims for enhancing access and helping equality of opportunity feed into other Government objectives. For example, the crossGovernment Independent Living Strategy was published in 2008, and this sets out a series of commitments that the Government and disabled people are now implementing to help disabled people have greater choice and control over their lives. In the strategy, the DfT has committed to:
• enhancing personal mobility and transport choices for disabled people, based on evidence of what works;
• promoting the training of transport providers in the needs of disabled people; developing a strategy to provide information and confidence training for disabled people in using transport;
• working with local authorities to ensure accessibility planning is reflected in Local Transport Plans and Local Area Agreements; and
• improving disabled people’s participation in the development and implementation of transport policies.
1.4 Over the past 10 years, there have been major improvements in the accessibility of the transport network as a result of the Disability Discrimination Act 1995. Over a third of all trains are now accessible and over half of the bus fleet. Appropriate ‘end dates’ have been set in regulations by which time all trains, buses and coaches must be accessible. The DfT has acted to build the needs of different groups into its policy development and service delivery through its Race, Disability and Gender Equality schemes. As well as the DfT and its concessionary fares scheme, other Government departments are working to tackle the affordability of transport through a range of measures – for example, through the tax system, the Disability Living Allowance and the mobility component.
6
274
1. Introduction
1.5 There are emerging challenges that the DfT is considering within the context of its work on Delivering a Sustainable Transport System as, for instance, some of the forecast social changes will have implications for accessibility and equality of opportunity. Some of the key trends to note are as follows:
• there has been a reduction in relative and absolute poverty, and income inequality is starting to fall. But these improvements have not been shared by all, and specific groups are at risk of social exclusion, including those in most poverty, those without qualifications and those with mental illness;
• disabled people, as defined by Government, account for about onefifth of people in the UK. The Department for Work and Pensions estimates that there are currently over 10 million disabled people in Britain, 4.6 million of whom are over state pension age. Seven hundred thousand are children. One in four households has a disabled member; and
• projections by the Office of National Statistics show a clear increase in the population of the UK until 2031. It is also predicted that there will be 27 million people over the age of 50 by 2031. Disability rates increase with age, and some estimates predict a rise of 69 per cent over the next 20 years in the number of people facing disability.
1.6 It is clear that the growing number of disabled and older people will have social and economic implications. The DfT will therefore need to work with its partners and focus in the coming years on issues such as the accessibility of public transport, the provision of transport including community transport, the role of technology in improving information provision and ticketing, and improving people’s confidence in using the transport system. Taxi and private hire vehicle services will continue to play an increasingly important role in helping people to travel and to connect to other public transport services.
7
275
Consultation on Improving Access to Taxis
What is this consultation about? 1.7 This consultation is specifically about improving access by
disabled people to taxis. Taxis (more formally known as licensed hackney carriages) and private hire vehicles (or PHVs or minicabs, as some of them are called) play an important part in local transport and they are being increasingly used in innovative ways, for example as taxibuses, to provide local transport services. Taxis and private hire vehicles are often used by disabled people as an alternative to public transport, or to begin or finish a journey. But the following issues have been identified through previous consultations and discussions with user groups that the DfT would like to address:
• there is anecdotal evidence that not enough licensed taxis are available in the locations and at the times needed by disabled people, including wheelchair users and people with an ambulatory disability. There is a belief that demand is being suppressed in some areas by this lack of availability and that this is contributing to disabled people not having equal access to jobs, services and social networks. Further work and research is needed to quantify the extent to which this is a problem;
• around half of the licensed taxi fleet is currently classed as being wheelchair accessible. The majority of these taxis are available in London. There is great variation between regions and between cities and rural areas. There is also variation between standards and the level of accessibility offered;
• there is anecdotal evidence about the need to improve kerbside infrastructure, information and waiting areas at ranks and at interchanges to help disabled people transfer between modes;
• the DfT receives a steady stream of correspondence and complaints about poor driver behaviour and about licensed hackney drivers refusing to stop and pick up disabled people; and
8
276
1. Introduction
• there is a need for improved information to help disabled people plan in advance for trips that they would like to make so that they know, for instance, if they need to prebook a licensed taxi to make a particular connection, and so that they can travel with a greater level of certainty.
1.8 The term ‘accessible taxi’ can mean different things to different people. In this document and in the Impact Assessment, we will use the following terms:
• saloon car vehicles – these vehicles are conventional cars and are not accessible to wheelchair users. They meet the needs of many people, including those with an ambulatory disability. As well as saloons, they may be hatchbacks or estate cars. They can be licensed as hackney carriages in some areas, depending on the policy of the local licensing authority. The private hire taxi fleet is almost entirely made up of saloon cars;
• wheelchair accessible vehicles – these can be purposebuilt vehicles (e.g. LTI, Metrocab) or converted multipurpose vehicles (e.g. by Peugeot or Mercedes). These vehicles fall within the DfT’s classification of purposebuilt or converted taxis for the purposes of collecting licensed taxi statistics. In practice, however, some of these vehicles would not meet the DfT’s draft interim standard (see below) for a wheelchair accessible taxi, e.g. the Fairway and Metrocab vehicles. Wheelchair accessible taxis are mostly licensed as hackney carriages, but converted multipurpose vehicles are increasingly being used by private hire drivers;
• fully accessible vehicles – this term refers to a vehicle that would meet the needs of disabled people, including wheelchair users and people with an ambulatory disability. At present, there are no vehicles on the market that would meet all the requirements that are included in the DfT’s draft enhanced specification (see below).
9
277
Consultation on Improving Access to Taxis
1.9 The following terms will be used to describe possible standards for accessible taxis:
• DfT’s draft interim standard – this is a draft standard that the DfT proposes putting forward. The technical specification would improve the accessibility of licensed taxis for some wheelchair users and people with an ambulatory disability. The majority of vehicles currently available on the market would meet the proposed interim standard. However, a significant minority would not;
• DfT’s draft enhanced standard – this is a draft standard that the DfT proposes putting forward as an aspirational technical specification. It would improve the accessibility of licensed taxis for the vast majority of wheelchair users and people with an ambulatory disability. Vehicles would need to be designed or redesigned to meet some of the specification. At present, there are no vehicles available to the taxi trade which would meet all of the requirements of the proposed specification.
1.10 The Government remains committed to improving access to taxis. It is therefore publishing this consultation package, which includes an Impact Assessment and the draft technical specifications mentioned above, with the aim of:
• improving access to taxis so that people with different types of impairment or disability can receive an equal level of service provision and improved access to jobs, services, leisure facilities and social networks;
• agreeing draft technical standards for accessibility in taxis and seeking agreement on whether these should be issued as guidance or introduced as a regulation;
• identifying the costs and benefits of potential options through the Impact Assessment, and making all the evidence available, to help inform discussions and decisions;
• exploring issues and options in relation to enforcement, driver training and links with other local transport policies and initiatives.
10
278
1. Introduction
1.11 This consultation is not considering some of the wider issues that might relate to taxi policy and licensing. The DfT is intending to reissue its best practice guidance on taxi and privatehire licensing later in 2009.
Who needs to read and contribute to this consultation? 1.12We would particularly welcome responses to this consultation
from:
• disabled people or their representative groups;
• taxi and private hire vehicle drivers or operators;
• vehicle manufacturers;
• local authorities and/or local licensing authorities; and
• those responsible for the management and operation of a major transport interchange.
1.13 The DfT will be arranging a number of consultation seminars during the consultation period, where those affected by the consultation will have an opportunity to voice their opinions directly to the Department. Please check the DfT website for details.
How do I respond to the consultation? 1.14 Responses to this consultation should be sent by 24 April 2009
to:
Paul LawryAccessibility and Equalities UnitDepartment for Transport2/25 Great Minster House76 Marsham StreetLondon SW1P 4DR
Email: [email protected]
11
279
Consultation on Improving Access to Taxis
Confidentiality 1.15 In line with DfT’s policy of openness, at the end of the
consultation period copies of the responses we receive may be made publicly available through the Department’s website. The information they contain may also be published in a summary of responses. If you do not consent to this, you must clearly request that your response be treated confidentially. Any confidentiality disclaimer generated by your IT system in email responses will not be treated as such a request. You should also be aware that there may be circumstances in which DfT will be required to communicate information to third parties on request, in order to comply with its obligations under the Freedom of Information Act 2000.
1.16 If you have any queries about this consultation you should contact Paul Lawry, 0207 944 0586. Complaints relating to this consultation should be sent to Nigel Dotchin, Department for Transport, Great Minster House, 76 Marsham Street, London, SW1P 4DR. Government consultation guidelines can be found at: www.cabinetoffice.gov.uk
Geographical coverage 1.17 This consultation covers England, Wales and Scotland. The
legislation contained in the Disability Discrimination Act is a reserved matter, that is, the responsibility of the UK Government. The DfT is also responsible for taxi licensing policy for England and Wales. Taxi licensing itself is a matter for individual licensing authorities under the Town Police Clauses Act 1847 and supplementary powers under the Local Government (Miscellaneous Provisions) Act 1976. The Welsh Assembly Government has agreed to engage with the DfT and other devolved administrations to explore how access to taxis could be improved. In Scotland, the licensing of taxis and private hire cars and their drivers is the responsibility of local authorities under powers set out in the Civic Government (Scotland) Act 1982 and associated Regulations. Within this legislative framework, local authorities have discretion to decide the
12
280
1. Introduction
licensing arrangements appropriate for the needs and circumstances of their area. The Scottish Government has also agreed that this consultation package can cover Scotland. In Northern Ireland, the Department of the Environment is responsible for taxi regulation as a transferred matter.
Next steps 1.18 Following this consultation, the Government will analyse the
responses and publish a strategy in spring 2009. Any legislative changes will be taken forward at the earliest opportunity.
Summary of questions in the consultation document Q1: What is your view of the analysis and data included here and in
the Impact Assessment? Do you have any further or more accurate data that you would be able to send us?
Q2: What do you think are the potential impacts, costs and benefits of the ‘do nothing’ scenario?
Q3: Do you have any further or more accurate data on potential costs and benefits of a ‘do nothing’ scenario that you would be able to send us?
Q4: What type of guidance would be most effective, in what format should it be produced and what can the DfT do to promote takeup?
Q5: What do you think of the draft technical specification? Do you think that it would help to improve levels of accessibility? Which aspects of it could be delivered easily and which ones would be problematic?
Q6: What do you think are the advantages and disadvantages of DfTfunded demonstration schemes?
Q7: What do you think would be the most effective ways of influencing action by local licensing authorities, drivers and manufacturers?
13
281
Consultation on Improving Access to Taxis
Q8: What are your views on the Government’s proposal to amend and commence section 36 of the Disability Discrimination Act? This would impose a duty on drivers of taxis and private hire vehicles that are designated as being wheelchair accessible to assist passengers in wheelchairs, to carry them in safety and comfort and to not charge them any extra.
Q9: What additional enforcement action or tools would be the most effective ways of improving driver behaviour and attitudes?
Q10: What measures do you think could act as positive incentives to improve driver behaviour and the levels of service offered to disabled people?
Q11: In relation to improving access to taxis, what do you think the DfT and local licensing authorities could do better or more effectively?
Q12: How could we help to increase the availability of accessible taxis and private hire vehicles at ports, airports, bus and rail stations?
Q13: How could we improve the consistency and quality of information provided to disabled people about taxis?
Q14: What do you think are the potential impacts, costs and benefits of a proactive programme of DfTled initiatives?
Q15: Do you have any further or more accurate data on potential costs and benefits of a programme of DfT led initiatives that you would be able to send us?
Q16: What do you think about the draft technical specification?
Q17: What do you think are the potential impacts, costs and benefits of a regulation?
Q18: Do you have any further or more accurate data on the potential costs and benefits of a regulation that you would be able to send us?
Q19: How do you think that a technical standard should be enforced?
14
282
2. Improving access to taxis
2.1 This part of the consultation document will consider in more detail the options for Government action and what we can do to improve access to taxis.
Legislative background 2.2 To help overcome some of the barriers preventing disabled
people from travelling, Part 5 of the Disability Discrimination Act (DDA) 1995 gave the Government the power to introduce accessibility regulations for several landbased modes of transport. The original intention of the powers was to enable disabled people to travel between train, bus and taxi easily, and to be able to hail a taxi in the street or go to a taxi rank and be able to find a taxi that met their needs. The powers available in the Disability Discrimination Act 1995 do not cover private hire vehicles, as it was felt that people prebooking these services could specify at the time of booking that they needed a particular type of vehicle.
2.3 The Government has used its powers under Part 5 of the 1995 Act to introduce regulations for trains and trams and for buses and coaches. Regulations applying Part 3 of the 1995 Act to vehicles used to provide public transport services, including taxis and private hire vehicles, hire services and breakdown services also came into force on 4 December 2006. Taxi drivers now have a duty to ensure disabled people are not discriminated against or treated less favourably. In order to meet these new duties, licensing authorities are required to review any practices, policies and procedures that make it impossible or unreasonably difficult for a disabled person to use their services. Guidance and a Code
15
283
Consultation on Improving Access to Taxis
of Practice to explain the Part 3 duties for the transport industry that was produced by the Disability Rights Commission is available from the Equality and Human Rights Commission.1
2.4 However, no regulations have been developed or made under Part 5 of the 1995 Act for licensed taxis. This project has proven to be complex for the following reasons:
• Sections 32–35 of Part 5 of the 1995 Act gives the Secretary of State powers to make regulations for the purpose of making it possible:
–– for disabled people to get in and out of taxis in safety; and to be carried in safety and in reasonable comfort; and
–– for disabled people in wheelchairs to be conveyed in safety into and out of taxis while remaining in their wheelchairs, and to be carried in taxis in safety and in reasonable comfort while remaining in their wheelchairs.
• at the time of the 1995 Act, it was thought that a taxi could be designed and manufactured that would meet the needs of all disabled people, including wheelchair users and people with an ambulatory disability. However, the challenges and potential costs involved in designing and manufacturing a taxi that would meet the needs of a majority of disabled people have proven to be significant, set against the potential market for such vehicles, which is currently quite low;
• the licensed taxi trade is quite disparate, a significant minority of drivers operate from a low economic base, particularly in rural areas, and many compete with or are able to transfer easily to the private hire sector;
• we do not know the extent to which disabled people want wheelchair accessible taxis, given that such vehicles may not meet the needs of many disabled people. Further work is needed on this point;
1 www.equalityhumanrights.com/en/publicationsandresources/Pages/ CoPtransport.aspx
16
284
2. Improving access to taxis
• evidence from the Impact Assessment is highlighting the need for more policybased solutions that cover both licensed taxis and the private hire fleet, rather than an engineeringled solution that would only focus on part of the trade. There is also a need for local flexibility to reflect local circumstances and needs; and
• we need to meet the aims of other Government policies, for example, the objectives of the better regulation agenda, which is about ensuring that government departments consider in full the potential costs and benefits of any regulation on the private and public sector, including potential enforcement costs and impacts on carbon emissions.
2.5 Since 1995, the DfT has consulted informally on the issue of improving access to taxis, we have commissioned research to inform the development of a technical specification and we have participated in work being taken forward by the European Conference of Ministers of Transport (ECMT)2 on accessible taxis. A full bibliography of the research and other work can be found at Annex A.
2.6 Section 36 of Part 5 of the 1995 Act includes additional powers for the Secretary of State to impose a duty on the driver of a taxi that falls within the definition of any regulations made under sections 32 to 35 to:
• carry the passenger while he remains in his wheelchair;
• not to make any additional charge for doing so;
• if the passenger chooses to sit in the passenger seat, to carry the wheelchair;
• to take such steps as are necessary to ensure the passenger is carried in safety and in reasonable comfort; and
2 European Conference of Ministers of Transport, 2007. Improving Access to Taxis.
17
285
Consultation on Improving Access to Taxis
• to give such assistance as might reasonably be required:
–– to enable the passenger to get in and out of the taxi;
–– if the passenger wishes to remain in his wheelchair, to enable him to be conveyed into and out of the taxi while in his wheelchair;
–– to load the passenger’s luggage into and out of the taxi; and
–– if the passenger does not wish to remain in his wheelchair, to load the wheelchair into and out of the taxi.
2.7 Failure to observe this duty would be a criminal offence and, on conviction, a driver could face a fine of up to £1,000. A local licensing authority would be able to take a prosecution on behalf of a disabled person. The authority would also be able to exempt a person from the duties on medical grounds, or on the grounds that his physical condition would make it impossible or unreasonably difficult for him to comply with the duties.
2.8 The Government has not so far commenced this section of the 1995 Act, as it is currently linked to the existence of regulations made under sections 32–35 of the Act, which have not been made. The Local Transport Act 2008 includes a limited amendment to section 36. The amendment applies the section 36 duties to drivers of taxis and private hire vehicles who are providing local bus services – known as taxibuses – using a wheelchair accessible vehicle. In these cases, the local licensing authority maintains a list of taxibuses that are identified by the authority as being wheelchair accessible. The amendment came into effect on 26 January 2009. It will apply to PHVbuses when the relevant provisions in the Local Transport Act have been commenced and we have made the necessary regulations. We intend to do so by spring 2009.
2.9 During discussions on the Local Transport Act, it became clear that disabled people and local licensing authorities were keen to see commencement of section 36 as an additional enforcement tool.
18
286
2. Improving access to taxis
What is the makeup of the current licensed taxi fleet? 2.10 The makeup and nature of the current licensed hackney fleet
are as follows:
• the UK has more wheelchair accessible taxis than most EU nations;
• there are currently approximately 85,000 licensed taxis in Great Britain. Of these, 40,285 are classed as being wheelchair accessible. Of these, the DVLA’s registrations database suggests that there are 8,442 Fairway and 3,565 Metrocab vehicles still in use in the UK. These vehicles would not meet the requirements specified in the DfT’s draft interim standard, but it is expected that they will be replaced by 2015 as they come to end of their economic life;
• there are approximately 140,000 private hire vehicles in Great Britain, approximately 45,000 of which are in Greater London;
• Greater London has 21,596 wheelchair accessible taxis. Other cities with licensed taxi fleets made up entirely of wheelchair accessible taxis include Liverpool, Manchester and Edinburgh;
• there is one main manufacturer of purposebuilt wheelchair accessible taxis and a number of small companies who convert standard production vehicles into wheelchair accessible taxis;
• a new wheelchair accessible taxi (either purposebuilt or a converted multipurpose vehicle) can cost between £20,000 and £30,000. The secondhand market for these vehicles is small, as consultation with manufacturers suggests that a driver tends to purchase such a vehicle new and then keeps it until the end of its life (typically for 12 years);
• approximately 2,500 new wheelchair accessible taxis are sold each year;
19
287
Consultation on Improving Access to Taxis
• the typical purchase cost of a secondhand saloon car for use as a taxi is between £6,000 and £8,000. Drivers of these vehicles tend to buy secondhand cars when they are three years old and sell them on (for very little) at seven years old;
• annual running costs tend to be higher for wheelchair accessible taxis (typically just over £1,000 per year more than for drivers of saloon cars);
• the taxi trade can change rapidly and is relatively volatile. The market in urban areas, especially in Greater London, is vastly different from the market in areas with lower population numbers. Many licensed taxi drivers also hold private hire vehicle driver licences and would easily be able to transfer from the licensed hackney to the private hire sector if they wished;
• 64 out of 342 local licensing authorities in England and Wales have implemented a policy of licensing only wheelchair accessible taxis;
• there is no direct correlation between the population size of a local authority and the size of its taxi fleet. There is no direct correlation between the size of taxi fleet and how accessible it is;
• other factors can influence disabled people’s use of taxis, for example, driver training and behaviour, links with the physical environment at taxi ranks, links with wider local transport policies and financial incentives or user subsidies like taxicard schemes; and
• current technical standards used by local licensing authorities are variable.
2.11 It is clear from the data that there are certain risks that the Government wishes to avoid in taking this work forward. We do not want to pursue any policies that might lead to fewer wheelchair accessible taxis being available. We do not want to create any difficulties for a local licensing authority who may have already adopted a policy of only licensing wheelchair accessible
20
288
2. Improving access to taxis
taxis. We also do not want to implement a policy that might mean licensed hackney drivers transfer en masse into the private hire sector or leave the industry altogether. What we do want to achieve is an improvement in technical standards, for more taxis to be available to disabled people so that they can have improved access to jobs, services and social networks, and for the taxi trade to remain viable. We also want to continue to permit local licensing authorities to impose their own conditions to suit their own local circumstances, and for other aspects of the journey to be improved, for example boarding, driver assistance, and interchange with other public transport modes.
Q1: WWhhaatt iiss yyoouurr vviieeww ooff tthhee aannaallyyssiiss aanndd ddaattaa iinncclluuddeedd hheerree aannddiinn tthhee IImmppaacctt AAsssseessssmmeenntt?? DDoo yyoouu hhaavvee aannyy ffuurrtthheerr oorr mmoorreeaaccccuurraattee ddaattaa tthhaatt yyoouu wwoouulldd bbee aabbllee ttoo sseenndd uuss??
Options 2.12 As noted above, the Government remains committed to
improving access to taxis. This consultation document and the Impact Assessment bring together the findings from work and research that have been carried out by the Department and others, and it puts forward options for taking this issue forward.
2.13 The options are:
• a ‘do nothing’ option – that is, leaving the market, the trade and local licensing authorities to continue to make local decisions on the makeup of the taxi and private hire fleet and levels of accessibility, without any additional Government guidance or intervention;
• implementing a proactive programme of DfT led initiatives that would involve measures such as issuing technical standards as an advisory note, guidance to local licensing authorities, a demonstration scheme, additional enforcement provisions and making best use of other Government policy levers; and
21
289
Consultation on Improving Access to Taxis
• regulation: either using the regulationmaking powers that are currently in part 5 of the Disability Discrimination Act 1995, or seeking new or amended regulatorymaking powers at the next legislative opportunity.
2.14 The following parts of this consultation document consider, firstly, the potential impacts, costs and benefits of the ‘do nothing’ option, then the additional potential impacts, costs and benefits of the DfTled proactive programme, and finally the additional potential impacts, costs and benefits of a regulatory approach.
The potential impacts, costs and benefits of a ‘do nothing’ approach 2.15 The Impact Assessment contains an annex that summarises the
analysis and the assumptions behind the ‘do nothing’ scenarios that are explored in the Assessment. Based on existing data, we have assumed that:
• mid to low growth scenarios estimate that it would take 20–30 years to achieve a licensed taxi fleet that was totally made up of wheelchair accessible taxis, if the policy was to leave the market, the trade and local licensing authorities to continue to make local decisions on the makeup of the taxi and private hire fleet and levels of accessibility without any additional Government guidance or intervention;
• levels of accessibility would be no greater than is currently the case – that is, in terms of the number of people being able to fit into taxis while remaining seated in their wheelchairs. Levels of accessibility for people with an ambulatory disability might be reduced if the licensed fleet was only made up of wheelchair accessible taxis;
• the ‘do nothing’ scenario is unlikely to meet Government objectives or the needs and expectations of disabled people.
22
290
2. Improving access to taxis
Q2: WWhhaatt ddoo yyoouu tthhiinnkk aarree tthhee ppootteennttiiaall iimmppaaccttss,, ccoossttss aannddbbeenneeffiittss ooff tthhee ‘‘ddoo nnootthhiinngg’’ sscceennaarriioo??
Q3: DDoo yyoouu hhaavvee aannyy ffuurrtthheerr oorr mmoorree aaccccuurraattee ddaattaa oonn ppootteennttiiaallccoossttss aanndd bbeenneeffiittss ooff aa ‘‘ddoo nnootthhiinngg’’ sscceennaarriioo tthhaatt yyoouu wwoouullddbbee aabbllee ttoo sseenndd uuss??
The potential impacts, costs and benefits of a proactive programme of DfTled initiatives 2.16 To help achieve the objectives of this project and improve access
to taxis, the DfT could lead the development and implementation of a programme of initiatives to provide solutions to specific issues. The paragraphs below outline the measures that could be included in this package.
2.17 The DfT could develop a comprehensive package of guidance to local licensing authorities and other stakeholders. It could be issued as supplementary advice on how to discharge existing duties under Part 3 of the 1995 Act. It could include:
• examples of good practice; and
• advice on issues like service levels, the preferred makeup of the fleet to meet the needs of people with different types of disability, procurement policies, how to improve joint working with local transport providers and other local authorities, and enforcement and inspections.
2.18 The guidance could be applied to the private hire fleet as well as to licensed taxis. It would be publicised, made available on the internet, through sites such as Direct.gov, and kept up to date.
Q4: WWhhaatt ttyyppee ooff gguuiiddaannccee wwoouulldd bbee mmoosstt eeffffeeccttiivvee,, iinn wwhhaattffoorrmmaatt sshhoouulldd iitt bbee pprroodduucceedd aanndd wwhhaatt ccaann tthhee DDffTT ddoo ttoopprroommoottee ttaakkeeuupp??
23
291
Consultation on Improving Access to Taxis
2.19 The DfT could issue the attached draft technical specification as an advisory note for licensing authorities to take account of when licensing particular vehicles, and for manufacturers to consider in the future development of vehicles. We would also continue research as and where necessary into safety issues and to issue guidance on links with the EU type approval process.
Q5: WWhhaatt ddoo yyoouu tthhiinnkk ooff tthhee ddrraafftt tteecchhnniiccaall ssppeecciiffiiccaattiioonn?? DDooyyoouu tthhiinnkk tthhaatt iitt wwoouulldd hheellpp ttoo iimmpprroovvee lleevveellss ooff aacccceessssiibbiilliittyy??WWhhiicchh aassppeeccttss ooff iitt ccoouulldd bbee ddeelliivveerreedd eeaassiillyy aanndd wwhhiicchh oonneesswwoouulldd bbee pprroobblleemmaattiicc??
2.20 The DfT could fund some demonstration schemes. We could work with three or four local authorities representing, for example, rural areas, small towns and suburban areas, to look at how access to taxis could be improved. We could jointly develop practical advice on, for example, developing business cases, quantifying benefits, carrying out local accessibility demand surveys to identify in greater detail the needs and requirements of local disabled people, joint working, and how to make best use of links with the local transport planning system. We could also consider including driver training or awareness raising exercises as part of a scheme and we could assess their effectiveness. Advice could then be publicised and made available to other local authorities, and those that had participated in the schemes could act as mentors or advisers to others.
Q6: WWhhaatt ddoo yyoouu tthhiinnkk aarree tthhee aaddvvaannttaaggeess aanndd ddiissaaddvvaannttaaggeess ooffDDffTTffuunnddeedd ddeemmoonnssttrraattiioonn sscchheemmeess??
2.21 The DfT could consider how we can strengthen links between the provision of more accessible taxis and the local transport planning regime. The DfT is due to consult in 2009 on guidance for LTP3.
24
292
2. Improving access to taxis
2.22 The DfT, local authorities and others could consider in detail the potential costs and benefits of national and/or local financial or other incentives to encourage drivers and operators to purchase vehicles that offered greater levels of accessibility. For example, it has been suggested that there should be reduced Vehicle Excise Duty for taxis designated as being accessible, or there could be reduced licence fees, or accessible taxis could be allowed access to all areas – for example, interchanges that are currently only serviced by private hire vehicles or bus lanes.
Q7: WWhhaatt ddoo yyoouu tthhiinnkk wwoouulldd bbee tthhee mmoosstt eeffffeeccttiivvee wwaayyss ooffiinnfflluueenncciinngg aaccttiioonn bbyy llooccaall lliicceennssiinngg aauutthhoorriittiieess,, ddrriivveerrss aannddmmaannuuffaaccttuurreerrss??
2.23 The DfT could consider additional action on enforcement. Paragraphs 2.6–2.8 above discuss section 36 of the 1995 Act and duties that it would place on taxi drivers to assist people in wheelchairs. The Government believes that it ought to amend this section to enable these duties to be imposed separately to any action that might or might not be taken on the regulations. Primary legislation is needed to make such an amendment. The Government also believes that the duties to assist passengers in wheelchairs, to carry them in safety and in comfort and to not charge them an additional fare should apply to drivers of both licensed taxi drivers and drivers of private hire vehicles. Such vehicles could be designated as being wheelchair accessible by the local licensing authority. The Impact Assessment considers the potential costs and benefits of such an option. Applying the duty to all drivers of wheelchair accessible taxis would bring the legislation into line with the law on the carriage of guide dogs and hearing dogs, and it would provide local licensing authorities with an additional enforcement tool.
2.24 Some stakeholders have suggested that local authorities could make better use of their existing enforcement powers, and that they could link up more effectively with other enforcement areas for which the local authority is responsible. For example, some
25
293
Consultation on Improving Access to Taxis
drivers have received parking tickets for taking extra time to set down or pick up a passenger in a wheelchair. They believe that this is an unfair practice and that local authorities should change their parking enforcement policies. The DfT could include advice on these issues in its guidance.
2.25 The DfT could consider the penalties that would apply to offences under the 1995 Act and whether or not alternative penalties could result in improvements in driver behaviour. The penalties for sections 32–37 of Part 5 of the 1995 Act would currently involve prosecution through a magistrate’s court and a maximum fine of £1,000. The DfT and other Government departments have recently been considering the use of flexible or alternative penalties as a way of achieving longerterm changes in behaviour. For example, someone found guilty of a speeding offence can be given the option of attending a speed awareness training course which, typically, costs the same as an average speeding fine. Research into some of these schemes has shown that these courses can be an effective way of reducing repeat offences. For example, in Humberside, only 8 per cent of drivers who attended a speed awareness course were found to have offended again. In comparison, 25 per cent of those offenders who opted for a fine were found to have repeated the offence. A similar approach could be taken for offences under sections 32– 37 of the Disability Discrimination Act 1995 whereby offenders could be given the option of attending a disability awareness course instead of a fine.
2.26 Another approach being taken in some areas is to permit local enforcement officers to issue fixed penalty notices for minor breaches. Primary legislation would be needed to amend any aspect of the penalty regime for Part 5 of the Disability Discrimination Act 1995.
26
294
2. Improving access to taxis
Q8: WWhhaatt aarree yyoouurr vviieewwss oonn tthhee GGoovveerrnnmmeenntt’’ss pprrooppoossaall ttoo aammeennddaanndd ccoommmmeennccee sseeccttiioonn 3366?? TThhiiss wwoouulldd iimmppoossee aa dduuttyy oonnddrriivveerrss ooff ttaaxxiiss aanndd pprriivvaattee hhiirree vveehhiicclleess tthhaatt aarree ddeessiiggnnaatteeddaass bbeeiinngg wwhheeeellcchhaaiirr aacccceessssiibbllee ttoo aassssiisstt ppaasssseennggeerrss iinnwwhheeeellcchhaaiirrss,, ttoo ccaarrrryy tthheemm iinn ssaaffeettyy aanndd ccoommffoorrtt aanndd ttoo nnoottcchhaarrggee tthheemm aannyy eexxttrraa..
Q9: WWhhaatt aaddddiittiioonnaall eennffoorrcceemmeenntt aaccttiioonn oorr ttoooollss wwoouulldd bbee tthheemmoosstt eeffffeeccttiivvee wwaayyss ooff iimmpprroovviinngg ddrriivveerr bbeehhaavviioouurr aannddaattttiittuuddeess??
2.27 There are other measures that the DfT could promote more vigorously and encourage action by others.
2.28 For example, the ECMT in its report, Improving Access to Taxis, concluded that training in disability equality issues for the taxi industry is essential. No matter how well a vehicle is designed, a taxi journey for a disabled person can be ruined by inappropriate behaviour or actions. Refusal to stop and pick up a disabled person can also mean they develop a negative view of the industry. All those involved in the industry, including operators and despatch centres, should have an appropriate level of training. The DfT’s Best Practice Guide for Taxi and Private Hire Vehicle Licensing recommends training in customer care, including meeting the needs of disabled people. The DfT has funded work by GoSkills, the Sector Skills Council for passenger transport, to develop nationally recognised vocational qualifications for taxi drivers. This training should cover disability awareness.
2.29 Inappropriate behaviour by those who work in the taxi trade towards disabled people needs to be overcome. There is simply no excuse, if a wheelchair accessible taxi is available, for refusing to pick up a person in a wheelchair. The DfT has also heard examples of drivers refusing to take people with mobility impairments such as arthritis the short distances they need to travel. We have heard a number of excuses for poor behaviour –
27
295
Consultation on Improving Access to Taxis
for example, drivers who do not think they are insured, who are worried they might injure themselves assisting people in wheelchairs in and out of the taxi (many wheelchair users do not need assistance, simply a working ramp), who do not want to spend the time waiting for disabled people to get in and out, who think that it will cost them money, etc. Many of these issues can be overcome by training and by raising awareness, improving drivers’ confidence and overcoming common misunderstandings. Disabled people are likely to be a growing part of the potential market for the taxi trade in the future, so it also makes good business sense to improve the way the industry meets their needs.
2.30 Some local authorities are actively taking forward driver training. For example, Merseytravel, GoSkills and UnionLearn have been working closely to support a programme of driver training in the Greater Merseyside area. Some others are making training a requirement of their licensing conditions. Others use enforcement and a points system in response to complaints made about drivers. We would be interested to receive comments and views on how we and local licensing authorities can encourage the taxi industry to take a more positive and proactive approach to meeting the needs of disabled people. We would particularly welcome ideas for ways of encouraging good behaviour, for example codes of practice, voluntary quality assurance schemes, local awareness initiatives, or use of new technology in booking systems.
Q10: WWhhaatt mmeeaassuurreess ddoo yyoouu tthhiinnkk ccoouulldd aacctt aass ppoossiittiivvee iinncceennttiivveessttoo iimmpprroovvee ddrriivveerr bbeehhaavviioouurr aanndd tthhee lleevveellss ooff sseerrvviiccee ooffffeerreeddttoo ddiissaabblleedd ppeeooppllee??
2.31 Local authorities have a key role to play in improving access. The role of the licensing officers is obviously critical in ensuring that they understand the demand and needs of their local communities, ensuring an effective balance between the licensed and private hire fleets, enforcement, training and in
28
296
2. Improving access to taxis
communicating changes to the local taxi trade. They should ensure that they keep up to speed with good practice guidance and that they coordinate and work jointly where appropriate with neighbouring authorities.
2.32 There are other links that need to be made to other aspects of local transport policies. For example, the ECMT report concludes that the infrastructure within which taxis operate is critical to their use by disabled people. The report highlights good practice in relation to location of ranks, the provision of sheltered seating close to a rank, information provision, kerb heights and pavement widths. Some local authorities are already making the links between local taxi service provision, local transport planning and local area agreements and taking a more strategic, longterm view of taxi provision, but more could be done.
Q11: IInn rreellaattiioonn ttoo iimmpprroovviinngg aacccceessss ttoo ttaaxxiiss,, wwhhaatt ddoo yyoouu tthhiinnkk tthheeDDffTT aanndd llooccaall lliicceennssiinngg aauutthhoorriittiieess ccoouulldd ddoo bbeetttteerr oorr mmoorreeeeffffeeccttiivveellyy??
2.33We appreciate that the private sector is involved in the provision of taxi services at many transport interchanges. One of the original aims of the Disability Discrimination Act 1995 was to enable disabled people to transfer between transport modes easily. The operators of some stations and airports have contracts with private hire companies and do not permit ranks for licensed hackney carriages. In these cases, accessible taxis ought to be available3 but, often, passengers arriving do not know beforehand that they need to prebook, how to do it, or they may have some difficulty communicating their needs over the telephone.
2.34 Section 33 of the 1995 Act originally envisaged that any taxi regulations would apply to ‘franchise agreements’, that is contracts entered into by an operator of a designated transport
3 In the case of airport operators, the DfT has recently published, Access to Air Travel for Disabled Persons and Persons with Reduced Mobility – Code of Practice, July 2008. This includes advice for arrival and departure at airports.
29
297
Consultation on Improving Access to Taxis
facility (port, airport, railway station or a bus station) with a provider of hire car services. The Government was given a power to include conditions in any regulations about the type of taxis that needed to be available at these facilities. This section has also not been commenced, as it is reliant on the existence of regulations made under section 32 of the 1995 Act which have not been made. We are interested in your views about how to take this issue forward. Would guidance from the DfT to operators of such transport facilities help to ensure better provision of accessible taxis or should we still consider the need for legislation in this area?
2.35 The lack of information about what can be expected at particular points in a journey, and the lack of consistency, can be other factors that suppress travel by disabled people. The lack of certainty can affect their confidence and ability to travel. Inadequate provision at one end of a journey can also negate good provision at the other, since people will not make the trip if they cannot arrive easily at their destination or, if they have a bad experience, they will not make the trip again.
Q12: HHooww ccoouulldd wwee hheellpp ttoo iinnccrreeaassee tthhee aavvaaiillaabbiilliittyy ooff aacccceessssiibblleettaaxxiiss aanndd pprriivvaattee hhiirree vveehhiicclleess aatt ppoorrttss,, aaiirrppoorrttss,, bbuuss aanndd rraaiillssttaattiioonnss??
Q13: HHooww ccoouulldd wwee iimmpprroovvee tthhee ccoonnssiisstteennccyy aanndd qquuaalliittyy ooffiinnffoorrmmaattiioonn pprroovviiddeedd ttoo ddiissaabblleedd ppeeooppllee aabboouutt ttaaxxiiss??
Q14: WWhhaatt ddoo yyoouu tthhiinnkk aarree tthhee ppootteennttiiaall iimmppaaccttss,, ccoossttss aannddbbeenneeffiittss ooff aa pprrooaaccttiivvee pprrooggrraammmmee ooff DDffTT lleedd iinniittiiaattiivveess??
Q15: DDoo yyoouu hhaavvee aannyy ffuurrtthheerr oorr mmoorree aaccccuurraattee ddaattaa oonn ppootteennttiiaallccoossttss aanndd bbeenneeffiittss ooff aa pprrooggrraammmmee ooff DDffTT lleedd iinniittiiaattiivveess tthhaattyyoouu wwoouulldd bbee aabbllee ttoo sseenndd uuss??
30
298
2. Improving access to taxis
The potential impacts, costs and benefits of regulation 2.36 In addition to the package of DfTled initiatives, the DfT could
seek a regulation in this area, either using the existing powers set out in sections 32–35 of the Disability Discrimination Act 1995, or we could seek additional or amended powers through primary legislation.
2.37 The powers in the 1995 Act originally envisaged that it would be possible to have one vehicle type that would meet the needs of the majority of disabled people. Since the Act came into force, the DfT has commissioned research to inform the development of a possible technical standard. This research is listed in the bibliography at Annex A. The DfT has also held discussions with manufacturers and with other European colleagues as part of the work carried out by the ECMT.4 These discussions suggested that achieving one vehicle type would mean either designing and developing a completely new taxi vehicle, or modifying a light commercial vehicle with a higher roof line. Developing a completely new vehicle was estimated to cost in excess of £100 million. This was not considered by the ECMT to be a viable proposition, given the size of the taxi market.
2.38 The ECMT considered the alternative of converting a light commercial vehicle, but it found there were disadvantages with this approach if a vehicle of this type were to be thought of as a universal replacement for conventional taxis. The responses they received from motor manufacturers at the time suggested that they would not be interested in massproducing a taxi vehicle. This led the ECMT to the conclusion that, by process of elimination, the only means of producing a vehicle that met the required standard was by postmanufacture conversion. But, again, there were a number of problems with this approach. Both vehicle manufactures and conversion specialists were of the opinion that such conversions would be too expensive, both in
4 European Conference of Ministers of Transport, 2007. Improving Access to Taxis.
31
299
Consultation on Improving Access to Taxis
initial purchase costs and in running costs. There were also concerns that such a vehicle would not appeal to the majority of taxi drivers and might not appeal to all passengers.
2.39 Some experts engaged in this field still believe that it would be possible to overcome the design and manufacturing problems if sufficient lead times were provided, some sort of financial incentive could be provided to help offset some of the additional costs and if some guarantee of a market could be given by, for example, issuing a regulation.
2.40 The DfT has developed a draft technical specification based on research and informal consultation. It sets out a twostaged approach. The initial specification sets out the standards that could be achieved easily and relatively quickly, especially as much of the current fleet would already meet the standard. Two notable exceptions, however, would be the existing Fairway and Metrocabs. These would not meet the suggested minimum doorway widths. However, no new Fairways or Metrocabs have been manufactured since 1997 and 2003 respectively, so many of these vehicles are likely to reach the end of their economic life by 2015.
2.41 The draft specification sets out possible requirements for wheelchair accessibility, ambulatory accessibility, and general accessibility requirements for disabled people. It does not specify that all these requirements should be met in one vehicle. They could potentially be applied separately to wheelchair accessible taxis and to, for example, saloon cars that might meet the ambulatory accessibility requirements.
2.42 The enhanced specification is intended to move the standard towards a design that would meet the majority of disabled people’s needs and one that was envisaged in the 1995 Act. The enhanced specification would be something that might be achieved over a longer time period and it is intended to be ambitious and to stimulate innovation. The wheelchair accessibility requirements are based on the dimensions of a reference wheelchair. These are the same dimensions on which
32
300
2. Improving access to taxis
regulations for buses and trains are based and would mean that most, but not all, manual and electric wheelchairs would fit into the space.
Q16: WWhhaatt ddoo yyoouu tthhiinnkk aabboouutt tthhee ddrraafftt tteecchhnniiccaall ssppeecciiffiiccaattiioonn??
2.43 The DfT believes that there are the following regulatory options:
• we could draft and implement a regulation that would make it mandatory for all licensed taxis to meet the requirements of the interim standard by a specified date. The Impact Assessment considers a compliance date of 2025; or
• we could draft and implement a regulation that would make it mandatory for all licensed taxis to meet the requirements of the enhanced standard by a specified date. Again, the Impact Assessment considers a compliance date of 2025: or
• we could implement a regulation according to, for example, whether an area is an urban authority or areas with high levels of limiting, longterm illness. The Impact Assessment uses a compliance date for this option of between 2012 and 2020. We have concluded that regulating for a certain proportion of the fleet being wheelchair accessible and a certain proportion being saloon cars would be unworkable, as it would be open to legal challenge and there would be practical implementation problems. We would need to amend the existing regulationmaking power through primary legislation to take this option forward.
2.44 The Impact Assessment shows that the costs of regulating in whatever form would be significant. The net cost of adopting an interim standard is estimated to be £453 million. The net cost of adopting an enhanced standard is estimated at £772 million. And the net cost of implementation in urban areas is estimated at £197 million. It has proven to be very difficult to quantify benefits, although figurative/scoping exercises suggest that they would be many magnitudes lower than the costs. Even if we
33
301
Consultation on Improving Access to Taxis
were able to quantify the benefits through further work, it is likely that the potential costs would still mean any form of regulation would be very expensive.
2.45 It could be argued that regulation is necessary in this area to help guarantee certain levels of accessibility, to improve certainty and reliability and to level the playing field for manufacturers and the taxi industry. But the following issues would also need to be considered:
• any regulation would focus on the standards of the vehicle. It would not necessarily deliver the outcomes that are required;
• any regulation is likely to involve high costs;
• any regulation could have high impacts. For example, the costs involved could potentially mean that all licensed taxi drivers would simply move to the private hire sector or would leave the industry altogether. Some of the regulatory options could also be high impact in carbon terms;
• options for offsetting costs are minimal; and
• implementation could be problematic in terms of agreeing appropriate dates. Implementation in some areas but not others could create difficulties, for example, for licensed taxi drivers who work in different local authority areas, and in agreeing an appropriate basis on which to allow local flexibility.
Q17: WWhhaatt ddoo yyoouu tthhiinnkk aarree tthhee ppootteennttiiaall iimmppaaccttss,, ccoossttss aannddbbeenneeffiittss ooff aa rreegguullaattiioonn??
Q18: DDoo yyoouu hhaavvee aannyy ffuurrtthheerr oorr mmoorree aaccccuurraattee ddaattaa oonn ppootteennttiiaallccoossttss aanndd bbeenneeffiittss ooff aa rreegguullaattiioonn tthhaatt yyoouu wwoouulldd bbee aabbllee ttoosseenndd uuss??
34
302
2. Improving access to taxis
2.46 If we were to agree a technical standard and introduce it as a regulation, we would need to consider the issues of initial and ongoing compliance. It would be relatively easy to ensure that vehicles newly licensed complied with a regulation, but it would also be important to ensure continued compliance.
2.47 At present, vehicles are subject to a class IV MOT inspection, which assesses the mechanical condition of the vehicle. This is undertaken once a year. Taxis need to have an MOT certificate or a certificate of compliance from the first year onwards. A ‘supplementary’ or ‘hackney’ inspection is also carried out at the time of the MOT which will, for example, assess interior and exterior condition and other items such as cleanliness and wheelchair tiedowns. The items assessed as part of the supplementary inspection vary between local licensing authorities. In some cases, local licensing authorities can demand both an MOT and a supplementary/hackney inspection to be carried out more than once a year if a taxi is a particular age or it has reached a particular mileage.
2.48 The variation in requirements for supplementary or hackney inspections can mean that a driver operating across boundaries can be subject to different standards, unless recognition agreements exist. There is also variation in enforcement. Some local licensing authorities conduct the MOT and supplementary/hackney inspections at their own premises, with their own staff. Others have subcontracted the work to regulatory bodies such as VOSA or to the private sector.
2.49 The following options could be considered as ways of enforcing a technical standard.
• an initial compliance inspection at the time of registration supported, as now, by spot checks or intelligence/complaint led checks carried out by local authority officers or other agencies like VOSA. This approach would guarantee compliance at the time of registration only, but it would place the responsibility for compliance on the owner of the vehicles and it would be a lowcost enforcement option;
35
303
Consultation on Improving Access to Taxis
• a national, standard list of items to be checked at the time of the annual supplementary or hackney test to prove compliance with the technical accessibility standard could be developed and implemented by each local licensing authority. This would provide for compliance to be checked on an annual or more regular basis and would provide a consistent approach across the UK. But implementation might require a change in legislation, and it would involve additional cost for the drivers and for inspectors, as they would need to be trained in any new annual accessibility check; and
• a national, standard list of items that could be checked at the time of the annual supplementary or hackney test could be developed by the DfT and issued as good practice to be adopted on a voluntary basis by local licensing authorities. This could still be supported by spot checks or intelligence/complaint led enforcement.
2.50 The Impact Assessment considers some of the potential costs and benefits of these options. It is likely that enforcement would be easier if all licensed hackney taxis were subject to the same standard.
Q19: HHooww ddoo yyoouu tthhiinnkk tthhaatt aa tteecchhnniiccaall ssttaannddaarrdd sshhoouulldd bbeeeennffoorrcceedd??
36
304
2. Improving access to taxis
Summary of options
Desired outcome
Could it be achieved by regulation?
Could it be achieved by another measure?
More taxis In conjunction with (a) More detailed local available for other measures (e.g. accessibility demand disabled section 36 duty to surveys could lead to people, assist wheelchair more targeted provision including: users) – yes, but of type of taxis needed in
(a) wheelchair high implementation areas where they are
users; cost could mean needed.
(b) people with an ambulatory disability.
fewer licensed taxis available as drivers move to PHV sector. Movement out of licensed hackney
(b) Guidance issued by DfT, stronger links to local strategic transport planning or DfTfunded demonstration schemes
trade likely to be could improve numbers highest where trade available. is least buoyant (e.g. rural areas). (c) National or local financial
or other (e.g. use of bus lanes) incentives could help influence purchase decisions by drivers and operating companies.
Continued
37
305
Consultation on Improving Access to Taxis
Desired outcome
Could it be achieved by regulation?
Could it be achieved by another measure?
More accessible taxis and private hire vehicles available for people with all types of disability at interchanges and/or ranks.
Perhaps. Existing regulatory powers for setting standards apply to licensed taxis only. But there are supplementary powers in the DDA that, if in place, could mean certain conditions could be applied to contracts between interchange operators and the PHV sector.
(a) Guidance issued by the DfT, stronger links to local strategic transport planning or DfTfunded demonstration schemes could improve numbers available at specific locations.
(b) Greater engagement or joint working between local authority and transport interchange operators could meet this objective.
Improved kerbside infrastructure, information and waiting areas at ranks and interchanges.
No. Existing regulatory powers only apply to potential standards for licensed taxis.
(a) Local authorities could use local transport planning and funding regime to improve infrastructure, inform and educate drivers on how to use infrastructure, and enforce requirements.
(b) Greater engagement or joint working between local authority and transport interchange operators could meet this objective.
Continued
38
306
2. Improving access to taxis
Desired outcome
Could it be achieved by regulation?
Could it be achieved by another measure?
More No. Regulations (a) More detailed local accessible could not guarantee demand surveys could taxis available that more lead to more targeted for people with accessible taxis provision of type of taxis all types of would be available needed in areas where disability that for all types of they are needed. can be hailed disability. In some (b) Guidance issued by DfT, on street. areas, local policies stronger links to local
have led to more strategic transport wheelchair planning or DfTfunded accessible taxis demonstration schemes being available, but could improve numbers existing vehicles available. may not be suitable for all wheelchair (c) Better driver training and
users. The high enforcement could mean
implementation cost that more drivers would
involved in delivering stop and pick up some
the DfT’s draft wheelchair users in areas
enhanced standard where wheelchair
could lead to drivers accessible taxis are
moving to the PHV available.
sector.
Continued
39
307
Consultation on Improving Access to Taxis
Desired outcome
Could it be achieved by regulation?
Could it be achieved by another measure?
Wheelchair accessible taxis accommodate a greater percentage of wheelchair users.
Possibly, but high costs would be involved for manufacturers in developing or adapting vehicles and in purchasing and upgrading the fleet.
(a) DfT could issue technical standard as a voluntary advisory note and encourage takeup through guidance.
(b) National or local financial incentives could help influence purchase decisions.
Greater safety and comfort for disabled people travelling in taxis.
Possibly, but regulations would only apply to licensed taxi fleet. Improvements made to help some disabled people may make it more uncomfortable for other disabled people.
(a) DfT could issue technical standard as a voluntary advisory note and encourage takeup through guidance.
(b) Better driver training and enforcement could lead to improvements and greater consistency.
Continued
40
308
2. Improving access to taxis
Desired outcome
Could it be achieved by regulation?
Could it be achieved by another measure?
Improved driver behaviour and willingness to pick up disabled people.
No. (a) Better driver training and enforcement could lead to improvements and greater consistency.
(b) DfT could amend and commence the duty to assist people in wheelchairs that is in section 36 of the Disability Discrimination Act 1995. DfT could also explore the use of alternative penalties.
(c) Operators/drivers could set up an industryled and managed quality assurance scheme.
Greater certainty for disabled people planning trips and connections between transport modes.
No. (a) Improved and more accessible information provided by national and local organisations and transport providers.
41
309
Annex A Bibliography
1. ESRI and Ricability, 2004. The determination of accessible taxi requirements.
2. Department for Transport. The Public Service Vehicles Accessibility Regulations: SI 2000 No. 1970.
3. DfT SMMT, 2002. Wheelchair boarding ramps – A joint DfT/SMMT specification for a ramp fitted to a Regulated Public Service Vehicle and first used on or after 1st January 2004.
4. European Commission, 2007. Directive 2007/46/EC – A framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive).
5. Department for Transport, 2008. Draft technical requirements of the Road Vehicles (Approval) Regulations.
6. European Conference of Ministers of Transport (ECMT). Improving Access to Taxis, 2007. ISBN 9789282101032.
7. Transport Research Laboratory, 2003. The safety of wheelchair occupants in road passenger vehicles. ISBN 0954333919.
8. Transport Research Laboratory, 2008. The safety of child wheelchair occupants in road passenger vehicles. ISSN 09684107.
9. The Commission for Taxi Regulation, 2007. National Vehicle Standards – Requirements for small public service vehicles.
10. Centre for Employment and Disadvantage Studies (CEDS), 2006. A survey of occupied wheelchairs and scooters.
42
310
Annex A Bibliography
11. ESRI, 2008. A proposal for draft taxi accessibility specifications and a procedure for assessing vehicle conformance.
12. Department for Transport, 2006. Taxi and Private Hire Vehicle Licensing: Best practice guidance.
13. The Department of the Environment, Transport and the Regions (including The Scottish Office and DOENI), 1997. The Government’s proposals for taxis – An informal consultation document.
14. International Standards Organisation (ISO). Draft ISO 23688 – Road Vehicles – transport of persons with reduced mobility – capacity up to eight passengers, driver not included. ISO TC22/SC26/ WG1.
15. Medicines and Healthcare products Regulatory Agency (MHRA), 2001. Guidance on the safe transportation of wheelchairs.
16. Medicines & Healthcare products Regulatory Agency (MHRA), 2003. Guidance on the safe use of wheelchairs and vehiclemounted passenger lifts.
17. Medicines & Healthcare products Regulatory Agency (MHRA), 2004. Guidance on the stability of wheelchairs (2004).
18. International Standards Organisation (ISO). ISO 10542 – Technical systems and aids for disabled or handicapped persons – wheelchair tiedown and occupant restraint systems.
19. British Standards, 1989. BS 6109 – Tail lifts, mobile lifts and ramps associated with vehicles. Code of practice for passenger lifts and ramps.
20. International Standards Organisation (ISO), 2001. ISO 7176 Part 19 – Wheelchairs – wheeled mobility devices for use in motor vehicles.
21. International Standards Organisation (ISO). ISO 7193 – Wheelchairs – maximum overall dimensions.
43
311
Consultation on Improving Access to Taxis
22. Disability Rights Commission (DRC), 2006. Provision and Use of Transport Vehicles. Statutory Code of Practice. ISBN 0117036323.
23. Department for Transport, 2008. Access to Air Travel for Disabled Persons and Persons with Reduced Mobility Code of Practice.
24. European Conference of Ministers of Transport (ECMT), 2001. Economic Aspects of Taxi Accessibility. ISBN 9282113663.
25. Disabled Persons Transport Advisory Committee, 2003. Making private hire services more accessible to disabled people. A good practice guide for Private Hire Vehicle operators and drivers.
26. Department for Transport, 2002. Inclusive Mobility – A Guide to Best Practice on Access to Pedestrian and Transport Infrastructure.
27. GoSkills, 2007. Skills Development in the Hackney Carriage and Private Hire Vehicle Industry – Annual Report March 2007.
28. International Road Transport Union, 2008. IRU Taxi Accessibility Guidelines. Online. Available at: www.iru.org/index/bookshopdisplayaction?id=198
29. Disabled Persons Transport Advisory Committee (DPTAC), 2003. Making private hire services more accessible to disabled people. Online. Available at: www.dptac.gov.uk/pubs/phv/index.htm
30. Disabled Persons Transport Advisory Committee (DPTAC), 2000. Advice for Taxi Drivers. Online. Available at: www.dptac.gov.uk/pubs/taxiadvice/index.htm
31. Department for Transport, 2006. Road Safety Research Report No.66. Effective Interventions for Speeding Motorists. Online. Available at: www.dft.gov.uk/pgr/roadsafety/research/rsrr/theme2/effectiveint erventionsforspe.pdf
44
312
Annex B Impact Assessment
45
313
Consultation on Improving Access to Taxis
Summary: Intervention & Options Department / Agency: Department for Transport
Title: Impact Assessment of Accessibe Taxi Regulations
Stage: Consultation Version: 3 Date: 3rd November 2008
Related Publications: Consultation document on improving access to taxis. Draft technical specification.
Available to view or download at: http://www.dft.gov.uk/consultations Contact for enquiries: Paul Lawry, Dft Telephone: 020 7944 05876
What is the problem under consideration? Why is government intervention necessary? This impact assessment relates to the need to improve access to licensed taxis to improve equality of opportunity for disabled people. Recently, a number of local authorities have implemented an accessible taxi policy. However, many authorities have not done so and, at the time of writing, only around 50 per cent of the national licensed taxi parc could be described as being wheelchair accessible. In onethird of taxi licencing authorities, less than 10 per cent of taxis are wheelchair accessible, whilst 16 authorities have none at all. Accessibility levels for other disabled people vary greatly.
What are the policy objectives and the intended effects? The objective of this policy is to improve access to taxis in the GB taxi fleet, in line with the overarching objectives of the Disability Discrimination Act (DDA) and Government commitments to improve access to jobs, services and social networks. Recent court cases have highlighted the contestability of local authority policies that require a proportion of a taxi fleet to be wheelchair accessible. Therefore, the effect of any regulation in this area, using powers in the DDA, would be to require compliance with an accessibility standard for the whole taxi fleet in a licencing authority area.
What policy options have been considered? Please justify any preferred option. 1. Primary legislation is amended if necessary and commenced to allow local authorities to enforce section 36 of the DDA.
2. Introduction of an accessible taxi standard in line with the DfT’s draft interim standard (i.e. the standard currently met by LTI TX vehicles) by 2025.
3. Introduction of a standard in line with the DfT’s draft enhanced standard by 2025 (vehicles would have to be developed to meet this standard).
4. Application of the interim standard in urban areas and areas with high levels of illness by 2020.
46
314
Annex B Impact Assessment
When will the policy be reviewed to establish the actual costs and benefits and the achievement of the desired effects? The policy will be reviewed every two years through its implementation period to ensure progress is being made against the required conversion trajectory.
Ministerial signoff For consultation stage Impact Assessments: I have read the Impact Assessment and I am satisfied that given the available evidence, it represents a responsible view of the likely costs, benefits and impact of the leading options. Signed by the responsible Minister:
4.12.2008 .......................................................................................... Date: .............................
47
315
£ 219,000
£ 201,000 £ 2,720,000
£ Not known
£ Not known £ Not known
Consultation on Improving Access to Taxis
Summary: Analysis & Evidence
Policy Option: 1 Description: Primary legislation would allow local authorities to enforce duties on taxi and private hire drivers and operators using s36 of the DDA
ANNUAL COSTS
Oneoff (Transition) Yrs
1
Average Annual Cost (excluding oneoff)
Description and scale of key monetised costs by ‘main affected groups’ Local authorities will have to publicise the change and then prosecute where necessary. Prosecutions will also involve court costs. The appraisal here is presented over 12 years.
Total Cost (PV)
ANNUAL BENEFITS
Oneoff Yrs
Average Annual Benefit (excluding oneoff)
Description and scale of key monetised benefits by ‘main affected groups’ Research would be required to assess the level of annual benefits. However, we believe the additional enforcement of the powers and greater awareness of duties will bring about benefits to disabled travellers and provide consistency throughout GB. We have been unable to monetarise this cost.
Total Benefit (PV)
Other key nonmonetised costs by ‘main affected groups’ None.
Other key nonmonetised benefits by ‘main affected groups’ Disabled users of taxis will have greater consistency while travelling in taxis. We envisage that more trips will be undertaken as a result of commencement of this section of the DDA, as disabled users will have more confidence in using taxis and are afforded a level of protection.
COSTS
BENEFITS
Key Assumptions/Sensitivities/Risks
48
316
Annex B Impact Assessment
Price Time Net Benefit Range NET BENEFIT Base Period (NPV) (NPV Best estimate) Year 2008 Years 16 £ N/a £ 2,720,000
What is the geographic coverage of the policy/option? GB wide
On what date will the policy be implemented? 2012
Which organisation(s) will enforce the policy? Local authorities
What is the total annual cost of enforcement for these organisations?
£ 106,000
Does enforcement comply with Hampton principles? Yes
Will implementation go beyond minimum EU requirements? Yes
What is the value of the proposed offsetting measure per year? £ 0
What is the value of changes in greenhouse gas emissions? £ 0
Will the proposal have a significant impact on competition? No
Annual cost (££) per organisation (excluding oneoff)
Micro Small Medium Large
Are any of these organisations exempt? No No N/A N/A
Impact on Admin Burdens Baseline (2005 Prices) (Increase Decrease)
Increase of £ 0 Decrease of £ 0 Net Impact £ 0
Annual costs and benefits: Constant Prices (Net) Present Value Key:
49
317
£ 630,000,000
£ 41,000,000 £ 856,577,000
£ 0
£ 25,249,000 £ 403,981,000
Consultation on Improving Access to Taxis
Summary: Analysis & Evidence
Policy Option: 2 Description: Adoption of Interim Accessibility Standard (equivalent to that met by LTI TXseries vehicles).
ANNUAL COSTS
Oneoff (Transition) Yrs
12
Average Annual Cost (excluding oneoff)
Description and scale of key monetised costs by ‘main affected groups’ The main affected group will be taxi owners who use saloon cars that are not wheelchair accessible. They will incur an increase in both purchase and running costs. Implementing the regulation would require replacement of 50 per cent of the GB taxi fleet with wheelchair accessible vehicles.
Total Cost (PV)
ANNUAL BENEFITS
Oneoff Yrs
Average Annual Benefit (excluding oneoff)
Description and scale of key monetised benefits by ‘main affected groups’ The accessible taxis will have longer service lives than saloon cars. Drivers who convert will save on the cost of replacing a saloon car every four years (which they would do twice in the 12year life span of an accessible taxi). There will also be a small (1 per cent) increase in turnover for drivers who convert.
Total Benefit (PV)
Other key nonmonetised costs by ‘main affected groups’ None.
Other key nonmonetised benefits by ‘main affected groups’ Disabled users are the primary beneficiary and will benefit from increased choice in terms of public transport options and equality of opportunity.
COSTS
BENEFITS
Key Assumptions/Sensitivities/Risks We have assumed that by 2025 all vehicles in use as licensed taxis will be compliant with the interim standard. We have assumed that the period over which the policy is implemented means costs associated with loss of usable life of saloon cars will be negligible. We have assumed no additional enforcement costs will occur.
50
318
Annex B Impact Assessment
Price Time Net Benefit Range NET BENEFIT Base Period (NPV) (NPV Best estimate) Year Years 16 £ N/a £ 452,597,000
What is the geographic coverage of the policy/option? GB
On what date will the policy be implemented? 2012 to 2024
Which organisation(s) will enforce the policy? Local authorities
What is the total annual cost of enforcement for these organisations?
£ 0 (additional)
Does enforcement comply with Hampton principles? Yes
Will implementation go beyond minimum EU requirements? Yes
What is the value of the proposed offsetting measure per year? £ 0
What is the value of changes in greenhouse gas emissions? £ tbc
Will the proposal have a significant impact on competition? No
Annual cost (££) per organisation (excluding oneoff)
Micro £ 982
Small Medium Large
Are any of these organisations exempt? No No N/A N/A
Impact on Admin Burdens Baseline (2005 Prices) (Increase Decrease)
Increase of £ 0 Decrease of £ 0 Net Impact £ 0
Annual costs and benefits: Constant Prices (Net) Present Value Key:
51
319
£ 1,054,000,000
£ 41,000,000 £ 1,189,200,000
£ 0
£ 26,078,000 £ 417,255,000
Consultation on Improving Access to Taxis
Summary: Analysis & Evidence
Policy Option: 3 Description: Adoption of full accessibility standard (equivalent to the “enhanced” standard).
ANNUAL COSTS
Oneoff (Transition) Yrs
12
Average Annual Cost (excluding oneoff)
Description and scale of key monetised costs by ‘main affected groups’ Currently there are no vehicles available to the taxi trade which meet the wheelchair user standard which the DfT aspires to. A new model would need to be introduced – this is likely to cost more than the models that meet the interim standard.
Total Cost (PV)
ANNUAL BENEFITS
Oneoff Yrs
Average Annual Benefit (excluding oneoff)
Description and scale of key monetised benefits by ‘main affected groups’ The accessible taxis will have longer service lives than saloon cars. Drivers who convert will save on the cost of replacing a saloon car every four years (which they would do twice in the 12 year life span of an accessible taxi). There will also be a small (1.2 per cent) increase in turnover for drivers who convert.
Total Benefit (PV)
Other key nonmonetised costs by ‘main affected groups’ Manufacturers would need to develop a new vehicle – but it is assumed development costs would be met by the increased purchase prices for the vehicles.
Other key nonmonetised benefits by ‘main affected groups’ This option would be expected to generate benefits around improved transport choice and enhanced quality of life for wheelchair users, although the extent of the value of these benefits is unknown.
COSTS
BENEFITS
Key Assumptions/Sensitivities/Risks We have assumed that vehicles meeting the enhanced accessibility standard will cost around £30,000 each. Running costs will be equivalent to interim standard vehicles. All vehicles meeting the interim standard will have no economic life left at replacement between 2012 and 2024.
52
320
Annex B Impact Assessment
Price Time Net Benefit Range NET BENEFIT Base Period (NPV) (NPV Best estimate) Year Years 16 £ N/a £ 771,946,000
What is the geographic coverage of the policy/option? GB wide
On what date will the policy be implemented? 2012 to 2024
Which organisation(s) will enforce the policy? Local authorities
What is the total annual cost of enforcement for these organisations?
£ 0 (additional)
Does enforcement comply with Hampton principles? Yes
Will implementation go beyond minimum EU requirements? Yes
What is the value of the proposed offsetting measure per year? £ 0
What is the value of changes in greenhouse gas emissions? £ tbc
Will the proposal have a significant impact on competition? No
Annual cost (££) per organisation (excluding oneoff)
Micro £ 982
Small Medium Large
Are any of these organisations exempt? No No N/A N/A
Impact on Admin Burdens Baseline (2005 Prices) (Increase Decrease)
Increase of £ 0 Decrease of £ 0 Net Impact £ 0
Annual costs and benefits: Constant Prices (Net) Present Value Key:
53
321
£ 279,000,000
£ 14,500,000 £ 382,002,000
£ 0
£ 11,550,000 £ 184,805,000
Consultation on Improving Access to Taxis
Summary: Analysis & Evidence
Policy Option: 4 Description: Local authorities classified as urban provide a fully accessible taxi fleet.
ANNUAL COSTS
Oneoff (Transition) Yrs
12
Average Annual Cost (excluding oneoff)
Description and scale of key monetised costs by ‘main affected groups’ Approximately 15,000 saloon car taxis across GB would need to be converted to taxis meeting the interim standard at a cost of £18,000 per vehicle. The interim accessible vehicles would have poorer fuel consumption and greater emmissions than saloon cars and would attract a high level of VED.
Total Cost (PV)
ANNUAL BENEFITS
Oneoff Yrs
Average Annual Benefit (excluding oneoff)
Description and scale of key monetised benefits by ‘main affected groups’ The accessible taxis will have longer service lives than saloon cars. Owners who convert will save on the cost of replacing a saloon car every four years (which they would do twice in the 12 year life span of an accessible taxi). There will also be a small (1 per cent) increase in turnover for drivers who convert.
Total Benefit (PV)
Other key nonmonetised costs by ‘main affected groups’ None.
Other key nonmonetised benefits by ‘main affected groups’ This option would be expected to generate benefits around improved transport choice and enhanced quality of life for wheelchair users, although the extent of the value of these benefits is unknown.
COSTS
BENEFITS
Key Assumptions/Sensitivities/Risks The policy would apply in local authorities classified as 100 per cent urban by the ONS, and/ or with more than 20 per cent of residents suffering from a limiting longterm illness. It is assumed that this policy could be enacted over an eightyear period between 2012 and 2020.
54
322
Annex B Impact Assessment
Price Time Net Benefit Range NET BENEFIT Base Period (NPV) (NPV Best estimate) Year Years 16 £ N/a £ 197,196,000
What is the geographic coverage of the policy/option? GB wide, cities only
On what date will the policy be implemented? 2012 to 2020
Which organisation(s) will enforce the policy? Local authorities
What is the total annual cost of enforcement for these organisations?
£ 0 (additional)
Does enforcement comply with Hampton principles? Yes
Will implementation go beyond minimum EU requirements? Yes
What is the value of the proposed offsetting measure per year? £ 0
What is the value of changes in greenhouse gas emissions? £ tbc
Will the proposal have a significant impact on competition? No
Annual cost (££) per organisation (excluding oneoff)
Micro £ 982
Small Medium Large
Are any of these organisations exempt? No No N/A N/A
Impact on Admin Burdens Baseline (2005 Prices) (Increase Decrease)
Increase of £ 0 Decrease of £ 0 Net Impact £ 0
Annual costs and benefits: Constant Prices (Net) Present Value Key:
55
323
Consultation on Improving Access to Taxis
Evidence Base (for summary sheets)
Background This IA relates to the DfT’s commitment to improve access to taxis for disabled people. Powers exist in the Disability Discrimination Act 1995 that would allow the Government to introduce regulations that set out a technical standard for ‘accessible taxis’. If regulations were made, they would apply to all licensed taxis in Great Britain. In Northern Ireland, the Department of the Environment is responsible for taxi regulation as a transferred matter.
Preparation of the IA This initial IA has been prepared on the basis of early scoping work, which has involved informal consultation with a small number of stakeholders via workshops held by the DfT and a review of existing evidence.
Options Four options have been evaluated:
Option 1: Amending primary legislation to allow commencement and local authority enforcement of section 36 of the Disability Discrimination Act. This would place a duty on taxi and private hire drivers and owners to provide assistance to people in wheelchairs, to carry them in safety and in comfort, and to not make an additional charge for doing so. Failure to observe this duty would be a criminal offence, and local authorities would be able to prosecute offenders on behalf of wheelchair users. It is assumed that local authorities would enforce the section 36 duty.
Option 2: Adopting a GBwide, fully accessible standard and implementing this through regulating the market for taxis in Great Britain. The accessibility standard adopted in this option complies with the DfT’s draft interim standard, so is already met by purposebuilt taxis and some conversions. It is assumed that this option would be implemented between 2012 and 2025.
56
324
Annex B Impact Assessment
Option 3: Adopting a GBwide fully accessible standard and implementing this through regulating the market for taxis in Great Britain. The accessibility standard adopted in this option is that sought by the DfT’s draft enhanced standard. No vehicles meet this standard currently, and a new vehicle/vehicles would have to be developed. It is assumed that this option would be implemented between 2012 and 2025.
Option 4: adopting an accessible standard and implementing this through regulating the market for taxis in Great Britain in urban areas and local authorities with a high proportion of the population who are mobility impaired. The accessibility standard adopted in this option is already met by purposebuilt taxis and some conversions. It is assumed that this option would be implemented between 2012 and 2020.
All of the above ‘do something’ options are assessed against the ‘do nothing’ scenario, which includes consideration of the likely growth in accessible taxis without Government regulation, based on past trends.
Sectors and groups affected Any regulation would impact upon all taxis in Great Britain that are licensed to ply for hire (termed as ‘taxis’ but distinct from private hire vehicles). Research undertaken as a part of this project assessed that there are currently around 85,000 licensed taxis in the UK (around 74,000 in England and Wales). This figure excludes private hire vehicles.
The industry is characterised by a large number of independent owners, with very few large companies. For this reason, it would be impractical to exempt companies employing fewer than 20 people.
Undoubtedly, implementing any of the regulatory options would require supporting action by local authorities, particularly in the areas of:
• training taxi drivers in disability awareness;
• improving infrastructure at ranks (e.g. with high kerbs); and
57
325
Consultation on Improving Access to Taxis
• requiring private organisations operating transport interchanges and tourist attractions to provide access to accessible taxis and accessible infrastructure.
Option 1 would apply to all taxis in Great Britain and also to private hire vehicles. Enforcement of licensed taxis is undertaken by local authorities, apart from in London – where it is undertaken by the Public Carriage Office. The policies and practices surrounding licensing vary from one authority to the other. However, we have assumed that any additional enforcement action would be subsumed within existing regimes and so no additional cost would be incurred in this respect.
It is also assumed that there would be no additional administrative burdens falling on either enforcement authorities or vehicle owners, as there would be no significant difference in paperwork compared to current licensing requirements.
Baseline Please see Appendix A to this IA, which sets out what would be expected to happen in the ‘do nothing’ scenario.
Option 1 – Analysis of impacts: commencement and enforcement by local authorities of section 36 of the DDA
Costs
The costs of amending, commencing and enforcing the S36 duties are estimated to be as follows:
• amending primary legislation – negligible/no cost;
• local authority publicity for the measure – through communiqués with taxi owners and drivers, and private hire cars – assuming a cost of £1.00 per licensed driver = oneoff cost of £1.00 x 219,000 drivers = £219,000;
• enforcement costs (no prosecution brought, but letter sent to offending driver – on basis of observation or public complaint) –
58
326
Annex B Impact Assessment
extent not known, but assume 1 action per 100 vehicles per year @ £5.00 per action = 2,190 x £5 = £10,950; and
• enforcement costs (prosecution brought) – extent not known, but assume 1 action per 1,000 vehicles per year. There will be two elements of cost under this heading:
1. Court costs: The Cost of Criminal Justice (Home Office, 1999/00) indicates an average cost of £550 (£680 in 2007/08 prices) to take proceedings in relation to a motoring offence to a magistrates court with a guilty plea, and £1,700 (£2,100 in 2007/08 prices) for a ‘not guilty’ plea. Offenders would go to proceedings in a magistrates court; it is assumed that 65 per cent of offenders will plead guilty (in line with the average for all cases, Crown Prosecution Service Annual Report, 2007/08). This implies an annual cost of £63,686 for cases with ‘not guilty’ pleas, and £30,977 for cases with guilty pleas (£94,663 in all);
2. Costs to the prosecuting local authority – likely to be of a similar order of magnitude to the court costs (£95,000 pa).
Benefits
There will be journey time reductions to a proportion of disabled people who would otherwise have to wait until the second passing taxi to pick them up, or make more than one booking with a private hire company. It is envisaged that commencement of section 36 will allow consistency across the country and enable disable travelers to be more confident about using taxis, with a resultant increase in journeys undertaken. Greater awareness of the duties by drivers will add to this confidence. Establishing a monetary value of this benefit is difficult, and further research would have to take place to establish these costs.
59
327
Consultation on Improving Access to Taxis
Option 2 – Analysis of impacts: interim standard
Costs
Vehicle owners – assumptions:
• A proportion of purposebuilt vehicles do not meet the draft interim accessibility standard. These Fairway and Metrocab vehicles were last produced (in any significant number) in 1997 and 2003 respectively. Therefore, based on an average 12year service life, it can be assumed that all purposebuilt taxis in use will meet the interim standard by 2015. As a result, it is assumed that there will be no additional costs associated with purposebuilt taxis from the introduction of the interim standard, as all will have been updated to compliant models anyway.
• Have assumed that all converted minivans within the fleet are compliant (or would be by 2025 as a result of assumptions on service life). These vehicles only represent a small proportion of the fleet.
• The average life of a saloon car in service as a taxi is estimated to be four years (i.e. on average a driver will purchase the car at three years old, and sell it on (for very little) at seven years old). Therefore, for a compliance date of 2025 we have assumed there will be no loss of usable life costs, as the leadin time would be sufficient to allow adjustments to be made.
Capital cost
A typical purchase cost of a secondhand saloon car for use as a taxi is £6,000–8,000 (midpoint of £7,000), while a new purposebuilt taxi/ converted multipurpose vehicle (MPV) would cost between £20,000 and 30,000 (midpoint of £25,000). On this basis, the additional oneoff cost of conversion from a saloon car to an accessible taxi is £18,000. Consultation with manufacturers suggests that taxi drivers purchase a vehicle new and then keep it until life expired, and checks on the size of the secondhand market would appear to confirm a
60
328
Annex B Impact Assessment
small supply of secondhand vehicles on the open market. We have therefore assumed that all drivers converting from a saloon car would, in practice, need to buy a new accessible vehicle.
Making 100 per cent of the taxi fleet meet the interim accessible standard would require the purchase of 35,022 additional accessible taxis, at a net additional cost of £18,000. This results in a oneoff transitional cost of £630m to owners.
Running costs
Annual costs would increase as a result of potential changes in fuel consumption, VED, maintenance and insurance costs for an accessible taxi compared to a saloon car.
Fuel consumption figures published by the DVLA suggest a combined cycle fuel consumption of 35.2 mpg for a diesel LTI taxi (manual). Fuel consumption figures for converted MPVs are not generally available, but comparisons with mainstream production MPV’ suggest the LTI figure is probably a good proxy for converted MPVs too. Fuel consumption for saloon cars is heavily dependent on whether they are diesel or petrol powered. However, assuming a 50/50 mix implies a combined cycle fuel consumption of around 43.1 mpg (representing an average of 1.8 litre diesel and 2.0 litre petrol Ford Mondeo). Assuming taxis cover 40,000 miles per year (Oxley) implies an additional cost of £937.20 per year (at £1.20 per litre of fuel, assuming drivers reclaim VAT of 18p/litre).5
LTI vehicles and MPVs are taxed at a rate of £210/year. A 2.0 litre petrol Mondeo is in the same tax band, although the 1.8 litre diesel version is £120. Consequently, an additional VED cost of £45.00 pa would fall on drivers converting from saloon cars, although the RIA treats this as a transfer between drivers and Treasury, and hence does not include it in the costs box.
Maintenance and insurance costs are assumed to be the same for saloon cars and accessible taxis.
5 The average fuel price in November 2008 was 108.82p per litre (diesel) and 94.86p (petrol). These figures will be updated in the postconsultation review.
61
329
Consultation on Improving Access to Taxis
The total estimated increase in running costs for those who convert from a saloon car to an accessible taxi would therefore be around £982.20 pa. The total cost to the industry is estimated at around £41m pa (based on the conversion of a total of 35,022 saloon cars) once full conversion has been achieved.
Local authorities
Local authorities (and other licensing bodies) may incur an increase in the costs of providing training to drivers (in relation to disabled users), although this would be a complementary measure to the vehicle conversion and is assessed to be outside the scope of this IA. There will also be oneoff infrastructure costs associated with the need to ensure that taxi ranks are accessible to disabled users. However, these costs will be dependent on the current level of accessibility and it has not been possible to estimate these at this time.
Benefits
The largest benefit comprises savings that vehicle owners make through exchanging a saloon car which they would have to replace every four years for an accessible taxi which, potentially, would need to be replaced every 12 years. As such, a driver would make an upfront payment of £25,000 for an accessible vehicle, which would be offset by not having to purchase three saloon cars over the life of the accessible taxi at £7,000 each. The IA shows this as a saving, which of course it is. However, it is likely that many drivers in the trade would perceive the actual cost of conversion being the oneoff cost of purchasing an accessible vehicle, and would heavily discount the deferred savings they may make in four and eight years’ time.
The introduction of an interim accessibility standard would also generate benefits to disabled users able to use these vehicles as a result of improving their range of public transport options. Work by Oxley (2001) compares a number of taxi companies on the basis of the number of requests they receive for wheelchair accessible vehicles and concludes that such requests are dependent on local circumstances, but can vary from 0.2 per cent of all bookings to around 10 per cent of bookings in areas with taxi card schemes. We
62
330
Annex B Impact Assessment
have assumed that experience in most areas where accessible taxis are introduced will be a small increase in revenue for taxi operators. We have assumed a 1 per cent increase on an annual turnover of £25,000 – giving a revenue increase of £250 per converted taxi.
Although there are benefits in equality of opportunity from introducing an accessible taxi fleet, we have assumed that for many disabled people actual availability of wheelchair accessible transport is not problematic for prebooked trips. Consequently, the specific benefit from this proposal will be increased availability of wheelchair accessible vehicles for trips hailed from the street/on ranks.
Environmental and social impacts
There will be an increase in carbon emissions as a result of the higher fuel consumption of accessible vehicles over saloon cars. Emissions per vehicle would increase from 10.9 tonnes per year to 13.6 tonnes, an increase of 2.7 tonnes per year per vehicle – or 95,000 tonnes over the whole fleet.
The proposal would generate positive (but unquantifiable) social benefits in terms of the enhanced quality of life that would be experienced by disabled individuals as a result of the provision of increased choice with regard to public transport options.
Risks and uncertainty
A key area of uncertainty relates to how the regulations would impact on the number of licensed taxis and the extent to which drivers would move into the private hire trade.
In addition, there are no known estimates of the monetary value disabled people would attach to their improved accessibility, or even the extent of current unmet demand for travel from this user group.
63
331
Consultation on Improving Access to Taxis
Option 3 – Analysis of impacts, enhanced standard
Costs
Operators
There are currently no fully accessible taxis on the market. Therefore, implementation of this option would be reliant on vehicle manufacturers developing and bringing a compliant model onto the market within the required timescale. However, the costs associated with such a model are currently unknown, but would reasonably be expected to exceed the cost of a vehicle that meets the interim standard. It is currently proposed that the regulation would be introduced in 2012, but operators will be given a specified timeframe during which compliance must be achieved – for the purposes of this analysis we have assumed 2025. However, discussions with manufacturers would be required to assess the timescale in which a compliant vehicle can be brought to market before a judgement on implementation date can be made.
As no vehicle currently meets this standard, implementation would require a complete replacement of the current fleet. As no licensing authority has yet mandated such an enhanced standard, all of this replacement cost would be attributed to the introduction of this regulation.
There would be a number of elements to this cost:
• Additional capital cost of compliant vehicle (i.e. the additional cost compared to the vehicle which would otherwise have been purchased). In this case we have assumed a mid point cost of £30,000, £23,000 greater than the cost of purchasing a saloon car as a taxi, or £5,000 above the cost of a converted or purposebuilt vehicle.
• Loss of usable life of noncompliant vehicles. However, we have assumed in practice that all noncompliant vehicles will be life expired at 2025, when the regulation requires a 100 per cent accessible fleet.
64
332
Annex B Impact Assessment
Capital costs
In line with the analysis presented for the interim accessible fleet, we have assumed 35,022 saloon cars will be replaced with taxis meeting the accessible standard (at an additional cost of £23,000 per vehicle) and 49,740 interim accessible taxis will be replaced (at an additional cost of £5,000 per vehicle). This gives an overall transitional cost of the measure of £1,054m.
Running costs
In the absence of further information, we have assumed that vehicles meeting the enhanced standard will have similar running costs to those for vehicles meeting the interim standard. Therefore only those converting from saloon cars will be expected to face an increase in running costs – which will be as calculated in Option 2.
Local authorities
Costs to local authorities will be in line with those in Option 2.
Benefits
Capital cost savings are as laid out in Option 2, again with the upfront payment deferring vehicle replacement four and eight years after purchase of the accessible vehicle.
The taxi revenue benefits of this option are assessed to be 20 per cent higher than those for Option 2, because vehicles that meet the draft enhanced standard will be accessible to 20 per cent more wheelchair users. This proposal, however, will create greater equality of opportunity for disabled people, although this is a nonmonetary benefit.
Environmental and social impacts
In the absence of further information, we have assumed that fully accessible taxis will have similar carbon emissions to those meeting the interim standards.
65
333
Consultation on Improving Access to Taxis
Therefore environmental and social impacts will be in line with those set out in Option 2.
Risks and uncertainty
In addition to the risks and uncertainties outlined for Option 2, there is also a major gap in relation to the costs associated with a fully accessible vehicle – as there are currently no suitable vehicles on the market that meet this standard, implementation would be reliant on such a vehicle being developed, possibly entailing significant design and development costs. This IA assumes that development costs for such a vehicle would be met by the vehicle manufacturers and converters, but the cost of this not being the case is substantial (£10m–20m).
Option 4 – Fleet conversion targeted on urban authorities and areas with high levels of limiting longterm illness
Costs
Operators
Capital costs
We have assumed 15,493 saloon cars will be replaced with vehicles meeting the interim accessible standard. Using the same assumptions as set out for Option 2, this gives an overall transitional cost of the measure of £279m.
Running costs
The assumptions about running costs are in line with those shown for Option 1. The running costs would, of course, apply to the smaller number of drivers who would need to convert. The UKwide change in running cost would be £15m p.a. once full conversion has been achieved.
66
334
Annex B Impact Assessment
Local authorities
Costs to local authorities will be in line with those in Option 1, although would only fall to the local authorities classified as 100 per cent urban by the Office of National Statistics (ONS), or which have more than 20 per cent of their residents suffering from Limiting LongTerm Illness (LLTI).
Benefits
A targeted approach focused on urban areas would achieve benefits in the areas where most people live. It would also deliver an accessible fleet to most major transport interchanges and airports. In line with the assumptions on benefits in Option 2, we have assumed that all drivers who convert to an accessible vehicle see a revenue improvement of £250/year.
Environmental and social impacts
Additional carbon emissions from the proposal will be 42,000 tonnes per year.
Social impacts will be inline with those set out in Option 2, although would only apply in urban areas.
Risks and uncertainty The key risk for this approach is defining an effective methodology for choosing which authorities should be included within the first tranche of authorities for conversion to an accessible fleet. The methodology used here has been to include authorities classified as 100 per cent urban by ONS (145 authorities in England and Wales, plus 4 in Scotland) and/or those with more than 20 per cent of the population suffering LLTI. Nonetheless, this classification misses some large towns with rural hinterlands.
Other risks are assessed to be the same as for Option 2.
67
335
Consultation on Improving Access to Taxis
Impact tests
Race and gender equality
There are no race or gender equality impacts to this proposal.
Disability equality
This proposal would significantly increase the number of taxis that can be used by wheelchair users. However, the experience of wheelchair users suggests that the proposal would only be effective if it was backed by action in other areas, specifically:
• training in disability awareness for taxi drivers, and duties on taxi drivers to stop for and assist wheelchair users;
• infrastructure improvements at taxi ranks to make it easier for wheelchair users to board taxis; and
• duties on the operators of transport interchanges and tourist attractions
Competition assessment
The proposal will not place anticompetitive restrictions on the number or range of suppliers of licensed taxi services within an authority and will not reduce incentives to compete. In some areas there may be restrictions on the number of licences available, but this is as a result of local authority policy and not a result of the proposed regulation. Therefore the proposal is unlikely to raise any significant competition concerns.
Small Firms Impact Test
The proposal will impose costs on all licensed taxi owners who do not already own a vehicle that meets the required standard. As noted, the licensed taxi trade is dominated by small firms, so an exemption would be impractical. However, the cost impact is related to the number of vehicles operated and so will be proportional to the size of the business, meaning that it will not impose an disproportionate burden on small firms.
68
336
Annex B Impact Assessment
Legal Aid
There are no Legal Aid implications.
Sustainable development
The increase in carbon emissions from the proposal conflicts with the principles of sustainable development.
Carbon assessment
This regulation does not impact on any of the six activities that are identified by Defra as key sources of greenhouse gas emissions (i.e. energy, industrial processes, solvents and other product use, agriculture, landuse change/forestry, and waste). However, the increased fuel consumption of accessible vehicles will impact on carbon emissions originating from the taxi fleet.
Other environment
Assuming no significant impact on local air quality, this proposal has no significant other environment impacts.
Health impact assessment
At this stage it is considered that the proposals will have a small beneficial impact on health and wellbeing and health inequalities.
Human rights
There are no human rights implications.
Rural proofing
There is a possibility that this regulation could have a differential impact on rural areas, given the fact that the licensed taxi fleet is more likely to be made up of saloon cars in rural areas, and there is less rank work, so less incentive to license as a taxi over a private hire vehicle. Consequently, there is a greater chance of a reduction in the fleet caused by drivers moving into private hire.
69
337
Consultation on Improving Access to Taxis
Specific Impact Tests: Checklist
Use the table below to demonstrate how broadly you have considered the potential impacts of your policy options.
Ensure that the results of any tests that impact on the costbenefit analysis are contained within the main evidence base; other results may be annexed.
Type of testing undertaken Results in Evidence Base?
Results annexed?
Competition Assessment No No
Small Firms Impact Test No No
Legal Aid No No
Sustainable Development No No
Carbon Assessment No No
Other Environment No No
Health Impact Assessment No No
Race Equality No No
Disability Equality No No
Gender Equality No No
Human Rights No No
Rural Proofing No No
70
338
Annex B Impact Assessment
Appendices
Introduction This appendix sets out the modelling work that was carried out by the consultants, WSP and Ecotec, to inform the scoping work for this initial Impact Assessment on improving access to taxis. As such, it comprises:
• a description of the definitions used in this work;
• the baseline to be adopted as the ‘donothing’ situation; and
• calculations of the numbers of new vehicles required to meet given accessibility standards.
Definitions The definition of what comprises an ‘accessible taxi’ is a complex one. Over the course of this paper, WSP will use five definitions:
• Saloon car taxis – these vehicles are conventional cars and are not accessible to wheelchair users. They meet the needs of many people with an ambulatory disability. As well as saloons, they may be hatchbacks or estate cars.
• Wheelchair accessible taxis – these can be purposebuilt vehicles (e.g. LTI, Fairway, Metrocab) or converted MPVs (e.g. by Peugeot or Mercedes). These vehicles are all within the DfT’s classifications as purposebuilt or converted taxis for the purposes of collecting taxi statistics.
In practice, however, some of these vehicles would not meet the DfT’s draft interim standard for a wheelchair accessible taxi. Fairway and Metrocab vehicles are examples of purposebuilt vehicles that would not meet the DfT’s draft interim standard.
71
339
Consultation on Improving Access to Taxis
• Fully accessible taxis – this term refers to a vehicle that would meet the needs of both wheelchair users and people with an ambulatory disability. At present, there are no vehicles on the market that would meet all the requirements that are included in the DfT’s draft enhanced specification.
• DfT’s draft interim standard – this is a draft standard that the DfT proposes putting forward. It suggests technical specifications that would improve the accessibility of taxis for some wheelchair users and for those people with an ambulatory disability. The majority of vehicles currently available on the market would meet the proposed interim standard.
• DfT’s draft enhanced standard – this is a draft standard that the DfT proposes putting forward as an aspirational technical specification. It would improve the accessibility of taxis for the vast majority of wheelchair users and for those people with an ambulatory disability. Vehicles would need to be designed or redesigned to meet some of the proposed specifications. At present there are no vehicles available to the taxi trade which would meet all of the proposed specifications.
Baseline
Current vehicle stock in use
There are currently approximately 84,762 licensed taxis in Great Britain. Of these vehicles, 40,285 are ‘wheelchair accessible’, in line with the definition above. The DVLA’s registrations database suggests that there are still 8,442 Fairway and 3,565 Metrocab vehicles in use in the UK (including some in Northern Ireland, outwith this IA) – although these vehicles will fall out of use in the coming years. No vehicles currently comply with the ‘enhanced’ standard.
72
340
Annex B Impact Assessment
Trends in use
Past trends
Figure 1 shows the trend in the number and types of taxi in England, where the majority of the fleet is licensed (68,609 vehicles), between 2004 and the last collected statistics.1 As can be seen:
• there is an increase in both vehicle types in use (therefore an increase in the total numbers of licensed taxis); and
• purposebuilt taxis increase at a faster rate than saloon car taxis.
Figure 1: The trend in the number and types of taxi in England
45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000
0 2004
Purpose built Saloon car
2006 2008
In terms of the rates of change:
• the number of taxis of all types increases by 2.3 per cent per year; but
• the number of purposebuilt taxis increases by 2.9 per cent per year.
1 Public Transport Statistics Bulletins
73
341
Consultation on Improving Access to Taxis
It should be noted that many (but a falling number) of the purposebuilt taxis shown in this trend will be Fairway and Metrocab vehicles, which do not meet the interim accessibility standard. Fairways were last produced in 1997 and Metrocabs (in any number) in 2003. If it is assumed that these vehicles have a 12 year service life,2 then the last will fall out of use in 2015. Therefore it is assumed all purposebuilt taxis in use beyond 2015 will meet the interim standard.
Trend drivers
Discussions with the taxi trade indicate that, in the absence of regulation at a national level, there are two principal drivers of the adoption of taxis that meet the interim accessibility criteria:
• action by local authorities – either local authorities complete the implementation of existing accessible taxi policies, or authorities that don’t currently have an accessible taxi policy introduce one because of political pressure or a perceived need to meet DDA conditions;
• demand – accessible taxis are adopted because there is a demand expressed through the market for accessible taxis from local wheelchair users, local taxi service procurers (e.g. the local NHS trust or education authority) or because there are other benefits to drivers of adopting wheelchair accessible vehicles (e.g. they can carry more passengers than a saloon car can) which outweigh the higher purchase and running costs of an accessible vehicle.
We have considered the effect of these two drivers below to construct low and high growth trends.
Future trends
We have therefore considered two growth trends:
• a low growth trend, which would be seen if local authorities implemented their current accessible taxi policies, then additional
2 Assumption used for London Low Emissions Zone
74
342
Annex B Impact Assessment
local authorities committed to accessible taxi policies at the same rate as will be seen between 2007 and 2012; and
• a high growth trend, which continues the growth in the number of taxis that meet the interim accessible standard, seen between 2004 and 2008.
Action by local authorities: We have analysed the dataset collected by the DfT in 2007 and looked, specifically, at:
• authorities that are implementing a policy which will deliver to them a ‘wheelchair accessible’ taxi fleet by a set date; and
• authorities that require newly licensed taxis to be ‘wheelchair accessible’.
We have assumed:
• any vehicles purchased to meet an accessibility standard will meet the interim standard, as Fairways and Metrocabs have been out of volume production for some time;
• authorities implement their accessible taxi policies by their current target dates; and
• saloon cars have a fouryear life in service as taxis.
Consequently:
• assuming the authorities that are implementing a purposebuilt taxi fleet policy achieve their goal by their current target data (the latest of which is 2012), then 2,102 additional purposebuilt taxis will be required by 2012; and
• assuming saloon cars in the authorities that require newly licensed cars to be purposebuilt have a service life of four years, an additional 918 taxis that meet the interim accessible standard will be introduced into the national fleet by 2012.
75
343
Consultation on Improving Access to Taxis
These two trends together imply an England/Wales growth trend for accessible taxis of 2.0 per cent per year to 2012. We have projected this trend forward to 2040 by assuming more local authorities will adopt accessible taxi policies. We have adopted this growth as the low growth forecast.
High growth forecast
The trend between 2004 and the present suggests an increase in the number of accessible taxis of 2.9 per cent per year, but within the context of a general increase in the number of taxis of 2.3 per cent per year (and many of the new licences have been granted specifically to accessible taxis). This suggests an upper limit for increases of 2.9 per cent per year.
The high growth forecast assumes that there are factors that are increasing the adoption of wheelchair accessible taxis beyond those caused simply by local authority action. This might include procurement of wheelchair accessible taxis by NHS trusts or greater use of taxis for social transport schemes or special education needs transport by local authorities.
Midgrowth
We have adopted a midgrowth forecast of 2.45 per cent per year. This is midway between the low and high growth forecasts.
All growth forecasts
Figure 2 shows the growth forecasts, plus the total number of taxis and a total that grows at the 2003–08 average rate of 2.3 per cent per year.
The trends suggest:
• assuming no growth in the number of licences and adoption of accessible taxi policies by all local authorities:
–– the high growth rate will deliver an entirely accessible fleet in 2033;
76
344
Annex B Impact Assessment
–– the midgrowth rate will deliver an entirely accessible fleet in 2037; and
–– the low growth rate does not deliver an entirely accessible fleet before 2040.
• if licensing increases at the same rate as at present, then even the high growth rate for accessible vehicles will not deliver an accessible fleet by 2040. In the event of 2.3 per cent growth in licences per year and 2.9 per cent growth in accessible vehicles in the parc (i.e. the higher growth rate), then the proportion of purposebuilt vehicles in the parc as a whole would change from 48 per cent in 2007 to 57 per cent in 2040.
Figure 2: The growth forecasts, plus the total number of taxis
1 2 3 4 5 6 7 8 9
250,000
200,000
150,000
100,000
50,000
0
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
203
203
20 3
203
203
203
203
203
203
2040
Purpose built low range
Purpose built mid range
Purpose built high range
Total current fleet
Fleet at 2.3% growth
77
345
Annex C Draft technical specification
Introduction This draft specification contains two levels of technical requirements aimed at improving access to taxis for disabled people.
The Initial Specification is broadly based upon existing vehicle designs and current technology and it should be possible for a significant number of existing vehicles to meet these requirements with little or no modification.
The Enhanced Specification draws its recommendations from a wide selection of research carried out both within the UK and internationally. It offers manufacturers a number of options to comply with the requirements and will provide considerable benefit to a broad range of disabled people who presently find it difficult or impossible to use the current design of taxis.
Definitions In this specification –
“boarding lift” means a lift fitted to a regulated taxi for the purpose of allowing wheelchair users to board and alight the vehicle;
“boarding ramp” means a ramp fitted to a regulated taxi for the purpose of allowing wheelchair users to board and alight the vehicle;
“contrast” means a contrast in the amount of light which is reflected by the surfaces of the parts of a regulated taxi or its equipment which is required by this specification to contrast;
“cushion” means that part of the seat on which the person using the seat sits, whether padded or not;
78
346
Annex C Draft technical specification
“deep” in relation to a step, means the distance from the outer edge of the nosing of the step tread to the rear of the step tread;
“entrance” means an entrance to a regulated taxi providing access to a priority seat or a wheelchair space;
“exit” means an exit from a regulated taxi but does not include an exit which is provided for use only in case of an emergency;
“external step” means the last step or platform from an entrance or an exit which leads directly from the vehicle to the ground;
“kg” means kilogram(s);
“kneeling system” means a system which enables the bodywork of a regulated taxi to be lowered relative to its normal height of travel;
“mm” means millimetre(s);
“normal height of travel” means the height specified by the vehicle’s manufacturer for normal vehicle travel;
“portable ramp” means a ramp which is carried in a regulated taxi for the purpose of allowing wheelchair users to board and alight from the vehicle;
“power grip” means a grip in which the fingers and thumb are able to wrap around a handle;
“priority seat” means a seat designated as such in accordance with Paragraph 3 of Section 2 of this specification;
“reference wheelchair” means an occupied wheelchair having the dimensions shown in Diagram A;
“seat” means a seat intended for use by passengers and, accordingly, does not include the driver’s seat;
“SRP” means Seating Reference Point, which is the point at which the seat cushion and seat back join, midway across the seat cushion width. Where the seat cushion and back components do not meet, the plane of the seat back and cushion shall be projected to an intersection.
79
347
Consultation on Improving Access to Taxis
“taxi” means a vehicle licensed under – (a) section 37 of the Town Police Clauses Act 1847, or (b) section 6 of the Metropolitan Public Carriage Act 1869, but does not include a taxi which is drawn by a horse or other animal;
“wheelchair user” means a disabled person using a wheelchair;
80
348
Annex C Draft technical specification
Section 1.
Wheelchair accessibility
requirements
Initial Specification.
Enhanced
Specification
1. Wheelchair spaces
Number
required
1 (minimum)
1 (minimum)
Orientation
Either
forwards
or rearwards
Either
forwards
or rearwards
(within
+/5
degrees of
the direction of
travel)
2. Forward
facing
wheelchair spaces
Wheelchair
space
requirements
1130mm
length
(min)
690mm
width
(min)
1290mm
height (min)
1300mm
length
(min)
750mm
width
(min)
1500mm
height (min)
Gradient
The slope of
the floor
between any two
points
within
the wheelchair space shall not
exceed
11 degrees in
the longitudinal plane
and 5 degrees in
the transverse
plane
The slope of
the floor
between any two points
within
the wheelchair space shall not
exceed 5
degrees in
the longitudinal plane
and
3
degrees in
the transverse
plane
81
349
Consultation on Improving Access to Taxis
Acceptable
intrusions
into
the
wheelchair
space
One
or more tipping, folding
or easily
removed
seats.
Padded head
and
back restraint.
Handrails
or handholds provided
that
they
do
not extend into
the wheelchair space by
more
than
90mm. Wheelchair restraint system
and
wheelchair user
restraint system
and
appropriate
anchorages and fittings
One
or more tipping, folding
or easily
removed
seats.
Padded head
and
back restraint.
Handrails
or handholds provided
that
they
do
not extend into
the wheelchair space by
more
than
90mm. Wheelchair restraint system
and
wheelchair user
restraint system
and
appropriate
anchorages and fittings
Wheelchair
user
safety
provisions
Every
wheelchair space shall be fitted with
awheelchair tiedown system
and
a wheelchair
user
restraint system
Every
wheelchair space shall be fitted with
awheelchair tiedown system
and
a wheelchair
user
restraint system
which
meets
the
technical requirements
of ECWVTA, Annex
XI
– Appendix 3;
or NSSTA, Section 2,
Part A
or
B; or IVA, item
19;
or bIVA, section 2,
Part A
or B
3. Rearward
facing
wheelchair spaces
Wheelchair
space
requirements
1070mm
length
(min)
690mm
width
(min)
1290mm
height (min)
1300mm
length
750mm
width
1500mm
height
Gradient
The slope of
the floor
between any two points
within
the wheelchair space shall not
exceed
11 degrees
in the longitudinal plane
and
5degrees in
the transverse
plane
The slope of
the floor
between any two points
within
the wheelchair space shall not
exceed
5 degrees in
the longitudinal plane
and
3degrees in
the transverse
plane
82
350
Annex C Draft technical specification
Acceptable
intrusions
into
the
wheelchair
space
One
or more tipping, folding
or easily
removed
seats.
Padded head
and
back restraint.
Handrails
or handholds provided
that
they
do
not extend into
the wheelchair space by
more
than
90mm. Wheelchair restraint system
and
wheelchair user
restraint system
and
appropriate
anchorages and fittings.
One
or more tipping, folding
or easily
removed
seats.
Padded head
and
back restraint.
Handrails
or handholds provided
that
they
do
not extend into
the wheelchair space by
more
than
90mm. Wheelchair restraint system
and
wheelchair user
restraint system
and
appropriate
anchorages and fittings.
Wheelchair
user
safety
provisions
Every
wheelchair space shall be fitted with
awheelchair tiedown system
and
a wheelchair
user
restraint system
Every
wheelchair space shall be fitted with
awheelchair tiedown system
and
a wheelchair
user
restraint system
which
meets
the
technical requirements
of NSSTA, Section 2,
Part A
or B; or IVA, item
19;
or bIVA, section
2, Part A
or B
4. Boarding
lifts and
ramps
Safe working
load
300 kg
(min)
300 kg
(min)
Means
of
preventing
the vehicle
being driven
away
Not
allow
the vehicle to
be driven
away
whilst
device
is deployed
Not
allow
the vehicle to
be driven
away
whilst
device
is deployed
83
351
Consultation on Improving Access to Taxis
Dimensions
(length
applies to
that
outside
of the overall
vehicle body
footprint at
the ramp
entry level)
SSiinngglleeppiieecceerraammpp
Width
700mm
(min)
Length
1600mm
(max)
LLiifft
Width
700mm
(min)
Length
1200mm
(min)
SSiinngglleeppiieecceerraammp
Width
800mm
(min)
Length
1200mm
(max)
LLiifftWidth
750mm
(min)
Length
1200mm
(min)
Ramp
gradients
(can
be
achieved
using a
kneeling
system)
SSiiddeeeennttrry
Kerb (125mm): 11
degs (max)
Ground:
17 degs(max)
RReeaarreennttrry
Ground:
11 degs(max)
SSiiddeeeennttrry
Kerb (125mm): 8 degs
(max)
Ground:
17 degs
(max)
RReeaarreennttrry
Ground:
8 degs (max)
Additionally
comply with
requirements
of the
DfT/SMMT voluntary ramp specification
available at
the following link:
http://www.dft.gov.uk/transportforyou/access
/buses/pubs/research/wheelchairboarding
ramps
84
352
Annex C Draft technical specification
Slip
resistant
surfaces
All surfaces over
which
a wheelchair user
may
travel
shall have
a slip
resistant finish applied
All surfaces over
which
a wheelchair user
may
travel
shall have
a slip
resistant finish applied
Handrails
RRaammpps
Not
required
LLiifftts
Where
the platform
travel
exceeds
a height of
500mm
from
the ground
then
a handrail must
be provided.
RRaammpps
Not
required
LLiiffttsWhere
the platform
travel
exceeds
a height of
500mm
from
the ground
then
a handrail must
be provided.
Guards
RRaammp
None
LLiifftt
Side upstands
25mm
high and automatic
roll
off devices
fitted
at least
100mm
high at
each
end of
the platform
RRaammp
Side upstands
25mm
high when deployed
LLiiffttSide upstands
25mm
high and automatic
roll
off devices
fitted
at least
100mm
high at
each
end of
the platform
Colour
contrasting
edge
markings
A band contrasting with
the remainder
of the
boarding
ramp or
lift surface, 45mm
to 55mm
in width
around and abutting the edge
of the
ramp or
lift surface
A band contrasting with
the remainder
of the
boarding
ramp or
lift surface, 45mm
to 55mm
in width
around and abutting the edge
of the
ramp or
lift surface
85
353
Consultation on Improving Access to Taxis
Control
and
failsafe
mechanisms
for power
operated
equipment
Power
operated equipment shall only
be
capable of
operation from
a control
adjacent
to the ramp or
lift
Power
operated equipment shall only
be
capable of
operation from
a control
adjacent
to the ramp or
lift
Load
sensors and
recycling
mechanisms
for power
operated
equipment
A device to
stop the movement of the
boarding
ramp or
lift if that
motion is
likely
to
cause injury
A device to
stop the movement of the
boarding
ramp or
lift if that
motion is
likely
to
cause injury
Manual
override
provisions
for power
operated
equipment
A provision
to repeatedly
operate
the
equipment in the event of power
failure
shall
be provided
A provision
to repeatedly
operate
the
equipment in the event of power
failure
shall
be provided
86
354
Annex C Draft technical specification
Manual/port
able
ramp
storage
provisions
Such ramps
must have a designated
stowage
location which
can
store
the equipment such
that
it does not present
a risk of
injury.
Such ramps
must have a designated
stowage
location which
can
store
the equipment such
that
it does not present
a risk of
injury.
5. Entrances
and
exits
Number and
position
A minimum
of 1
located on
the nearside
or
the rear
of the
vehicle
A
minimum
of 1
located on
the nearside
or
the rear
of the
vehicle
Minimum
doorway
width
740mm
800mm
Minimum
doorway
height
1230mm
1400mm
6. Interior manoeuvring
space
From
awheelchair
entrance
toa wheelchair
space
No requirement
It shall be possible
to move into
the space
with
an occupied
DDA
reference wheelchair
with
the wheelchair entering the vehicle in
a
forward direction.
87
355
Consultation on Improving Access to Taxis
From
awheelchair
space to
awheelchair
exit
No requirement
It shall be possible
to move from
the space
with
an occupied
DDA
reference wheelchair to
a wheelchair exit.
Floor
gradient
No requirement
The surface
over which
the wheels of
a
reference wheelchair pass
to access and
egress
the wheelchair space shall not
exceed
8 degrees in
any
direction
7. Signs
and
markings
Interior
Visible
advice to
wheelchair user
and
taxi
driver
on positioning
of wheelchair and use of
wheelchair tiedown and occupant
restraint
systems
Visible
advice to
wheelchair user
and
taxi
driver
on positioning
of wheelchair and use of
wheelchair tiedown and occupant
restraint
systems
Exterior
Clear
indication that
the vehicle is
wheelchair
accessible
Shall be
fitted
with
a sign conforming with
Diagram
B, Section 4,
coloured white
on a
blue
background and clearly
visible
in relation
to the surrounding area, measuring 100mm
square
and
situated
adjacent to any entrance
for a wheelchair user
88
356
Annex C Draft technical specification
Section 2.
Ambulatory accessibility
requirements
Initial Specification.
Enhanced
Specification
1. Entrances
and
Exits
Number and
location
A minimum
of 1
located on
the nearside
or
the rear
of the
vehicle
A
minimum
of 1
located on
the nearside
or the
rear
of the
vehicle
Aperture
dimensions
Where
the priority seat
meets
the
requirements
of 3(a) it shall be
of adequate
dimensions to
allow
the passage through the
aperture
of the
occupied priority seat.
Where
the priority seat
meets
the requirements
of 3(a) it shall be
of adequate dimensions to
allow
the passage through the aperture
of the
occupied
priority seat
and
shall permit the
following clear spaces
to be maintained at
all
times:
(a) a
single plane from
the SRP
to the leading
edge
of the
priority seat
cushion
extending
980mm
vertically
and;
(b) a
centrally
located space immediately
in
front
of the
leading edge
of the
seat cushion
and measuring 250mm
wide by
300mm
deep,
and extending from
a height of 350mm
below
SRP
to 200mm
above
SRP.
89
357
Consultation on Improving Access to Taxis
Where
the priority seat
meets
the
requirements
of 3(b)(i) the
door aperture
shall
allow
the passenger to
easily
access the seat
from
outside
of the
vehicle.
Where
the priority seat
meets
the
requirements
of 3(b)(ii) the doorway
shall be
650mm
wide by
1230mm
high.
Where
the priority seat
meets
the
requirements
of 3(b)(i) the
entrance:
(a) shall have
its upper edge
at least
980mm
above SRP
and
its lower
edge at
least
300mm
below
SRP
and;
(b) The
horizontal distance from
the SRP
tothe side
edge of
the door
aperture in
front of
the leading edge
of the
seat cushion
shall be
no
less
than
900mm
and;
(c) No vehicle structure located above the
SRP
to a
height of 980mm
shall project
horizontally
by more than
200mm
beyond the
SRP
into
the aperture, towards
the leading
edge
of the
seat cushion.
Where
the priority seat
meets
the
requirements
of 3(b)(ii) the door
aperture shall
measure
at least
650mm
wide by
1600mm
high. Obstructions
are
permitted
into
areas
located in
each of
the top corners measuring
100mm
wide by
200mm
high
90
358
Annex C Draft technical specification
Manual door
design
Hinged and sliding doors acceptable
(a) Hinged or
sliding doors are acceptable.
Those requiring
an opening/closing effort
inexcess
of 70N
or those with
alatching/unlatching effort
in excess of
15N
must be power
operated.
(b) The
maximum
reach distance
from
the
priority seat
to the nearest door handle
should
be 450mm
(c) Door handles that
enable the ‘power
grip’
should
be used.
(d) Internal &
external handles
should be
at
least 65mm
long
Powered
door
requirements
(a) Shall be
capable
of operation by
apassenger when the vehicle is
stationary.
(b) A
device to
stop the movement if that
motion is
likely
to cause
injury
to a
passenger
or pedestrian
(c) A
provision
to operate
the equipment in the
event of power
failure
(a) Shall be
capable
of operation by
apassenger when the vehicle is
stationary.
(b) A
device to
stop the movement if that
motion is
likely
to cause
injury
to a
passenger
or pedestrian
(c) A
provision
to operate
the equipment in the
event of power
failure
91
359
Consultation on Improving Access to Taxis
2. Interior space
Floor
Any
surface
over which
a passenger
is
required to
walk shall have a slip
resistant
finish.
For vehicles
utilising a priority seat
complying
with
3(b)(ii),
any
surface
over which
apassenger is
required to
walk from
the
entrance
to the priority seat
shall have
a slip
resistant finish and not slope
more than
3degrees in
any
direction.
3. Priority
seats
Provision
At least
1 priority seat
must be provided
which
may
be either:
a) A
multiaxial moving seat
which
can
be
easily
used by
a passenger
boarding from
the kerb
or ground
or;
b) a
fixed seat
design;
i) providing the cushion is
no more than
200mm
measured inwards
from
the entrance
or;
ii) providing
the cushion is
as near
as
practicable
to the entrance
and
the internal
floor
to roof
height exceeds
1500mm
At least
1 priority seat
must be provided
which
may
be either:
a) A
multiaxial moving seat
which
can
be
easily
used by
a passenger
boarding from
the
kerb
or ground
or;
b) a
fixed seat
design;
i) providing the cushion is
no more than
200mm
measured inwards
from
the entrance
or;
ii) providing
the cushion is
as near
as
practicable
to the entrance
and
the internal
floor
to roof
height exceeds
1750mm
92
360
Annex C Draft technical specification
Orientation
Forward or
rearward facing
Forward or
rearward facing
(within
+/5
degrees of
the direction of
travel)
Spacing
For allforward facing
priority seat
configurations, the
clear
space
in front of the
SRP
shall be
650mm
min.
For facing
seat configurations
the seat
back
separation shall be 1300mm
min
and
the
distance
between the leading edges of
each
seat
cushion
shall be
400mm
min.
For allforward facing
priority seat
configurations, the
clear
space
in front of the
SRP
shall be
650mm
min.
For facing
seat configurations
the seat
back
separation shall be 1300mm
min
and
the
distance
between the leading edges of
each
seat
cushion
shall be
425mm
min.
Each priority seating position shall have in
front
of it
a clear
floor space of
300mm
deep x
250mm
wide x 80mm
high,
except facing seat
configurations
whereby
the space shared
by
opposing
seats
must be 400 wide.
Additionally,
a priority seat
complying
with
3(a)
shall have in
front of it when deployed
for use a
clear zone
measuring 400mm
by 400mm
and
projecting from
the ground
to the top of
the
associated
door aperture.
93
361
Consultation on Improving Access to Taxis
Dimensions
All priority seats shall have a minimum
width
of 380mm
and
a depth
of 340mm
– 510mm.
The SRP
of a
fixed seat
complying
with
the
requirements
of 3(b)(i) or (ii), or
of a
multiaxial
moving seat
when positioned for travel, shall
have
a height above
the vehicle floor
of 300
450mm.
Additionally,
the SRP
of a
fixed seat
complying
with
the requirements
of 3(b)(i), or
a multiaxial moving seat
complying
with
3(a)
when deployed
for boarding
and
alighting,
shall have a height
above
the ground
of
420mm
– 870mm.
All priority seats shall have a minimum
width
of
440mm
and
a depth
of 400mm
– 500mm.
The SRP
of a
fixed seat
complying
with
the
requirements
of 3(b)(i) or (ii), or
of a
multiaxial
moving seat
when positioned for travel, shall
have
a height above
the vehicle floor
of 300–
450mm.
Additionally,
the SRP
of a
fixed seat
complying
with
the requirements
of 3(b)(i) or, a multiaxial
moving seat
complying
with
3(a) when
deployed
for boarding
and
alighting,
shall have
a height
above
the ground
of 400mm
–650mm.
4. Steps – Applies only to
vehicles with
a floor or sill height
exceeding
320mm
(May
be achieved
with
kneeling)
Dimensions
1st step from
the ground
shall not exceed
250mm.
Subsequent steps
100mm
– 200mm
Width
: 400mm
min
Depth
: 190mm
min
1st step from
the ground
shall not exceed
250mm.
Subsequent steps
100mm–200mm
Width
: 400mm
min
Depth
: 230mm
min
94
362
Annex C Draft technical specification
Design
features
Steps
shall be
designed to
be,
slip
resistant,
minimise tripping
risk and have
a contrasting
band
along
the front
edge 4555mm
Steps
shall be
designed to
be,
slip
resistant,
have
a contrasting band
along
the front
edge
4555mm
and
be of
such a design
as to
prevent them
being
a trip
hazard
Max
number
of intermediate
steps from
ground
tovehicle floor
2 1
Step
operation for
nonfixed
steps
No requirement
Shall deploy
automatically
with
door opening
Requirement
s for power
operated
steps
A device to
stop the movement if that motion
is likely
to cause
injury
A provision
to repeatedly
operate
the
equipment in the event of power
failure
shall
be provided
A device to
stop the movement if that motion is
likely to
cause
injury
A provision
to repeatedly
operate
the
equipment in the event of power
failure
shall be
provided
95
363
Consultation on Improving Access to Taxis
5. Handrails
and
handholds
Position
Handrails/handholds
must be provided
for
disabled
passengers entering/exiting
the
vehicle and when manoeuvring inside
the
vehicle to
a seat.
Handrails/handholds
must be provided
for
disabled
passengers entering/exiting
the
vehicle and when manoeuvring inside
the
vehicle to
a seat.
Dimensions
20–35mm
diameter
or oval
with
the
maximum
section 3035mm
and
the
minimum
section 20mm.
20–35mm
diameter
or oval
with
the maximum
section 3035mm
and
the minimum
section
20mm.
Design
Handrails
and
handholds
shall be
slip
resistant, capable of
being
easily
and
firmly
gripped and visually
contrast with
surroundings.
Handrails
and
handholds
shall be
slip
resistant,
capable of
being
easily
and
firmly
gripped and
visually
contrast with
surroundings.
96
364
Annex C Draft technical specification
Section 3.
General
accessibility
requirements
Initial Specification.
Enhanced
Specification
1. Communication devices
and
displays
– if
required
by local conditions
they must meet the following
requirements
Requirement
s and
dimensions
for ‘Taxi’ sign
A ‘Taxi’ sign
must be fitted to
the front
of the
vehicle which
is clearly
visible
both by
day
and night to indicate
that
the taxi
is available
for hire.
A ‘Taxi’ sign
must be fitted to
the front
of the
vehicle which
is clearly
visible
both by
day
and
night to indicate
that
the taxi
is available for
hire.
Provision
of
induction
loops
An induction loop
shall be
provided within
the
passenger carrying
area.
An induction loop
shall be
provided within
the
passenger carrying
area.
Fare
meters
Large clear contrasting text
visible
by both
day and by
night.
Large clear contrasting text
visible
by both
day
and by
night.
Talking meters able
to speak
the final
fare.
97
365
Consultation on Improving Access to Taxis
2. Kneeling
systems
Design
features
Where
a kneeling system
is fitted, a
switch
shall be required to
be used
to enable
operation,
any
control
must be under the
direct
control
of the
driver, the
lowering
process shall be capable of
being
stopped
and reversed
and
shall prevent the
vehicle
being driven
at a
speed
exceeding
5km/h
when the vehicle is
lowered.
Where
a kneeling system
is fitted, a
switch
shall be required to
be used
to enable
operation,
any
control
must be under the direct
control of the
driver, the
lowering process shall
be capable
of being
stopped
and
reversed
and
shall prevent
the vehicle being driven
at a
speed exceeding 5km/h
when the vehicle is
lowered.
3. Lighting
Design
features
Lighting shall be fitted to
illuminate the
interior and exterior of
the vehicle sufficient to
allow
both wheelchair users and other
passengers
to board
and
alight
the vehicle in
safety.
Any
lighting fitted in
accordance with
this
requirement shall have
a means
of preventing
its operation when the vehicle is
in motion if
its use
is likely
to affect
adversely
the driver’s
vision.
Lighting shall be fitted to
illuminate the interior
and exterior of
the vehicle sufficient to allow
both
wheelchair users and other passengers
toboard and alight
the vehicle in
safety.
Any
lighting fitted in
accordance with
this
requirement shall have
a means
of preventing
its operation when the vehicle is
in motion if its
use is
likely
to affect
adversely
the driver’s
vision.
98
366
Annex C Draft technical specification
Section 4.
Diagram
s
Diagram
A: Wheelchair dimensions
700m
m
1200
mm
1350
mm
600m
m
150m
m
99
367
Consultation on Improving Access to Taxis
Diagram
B: Wheelchair sign
100
368
Annex C Draft technical specification
Annex D Code of Practice on Consultation
The Government has adopted a Code of Practice on consultations. The Code sets out the approach Government will take to running a formal, written public consultation exercise. While most UK departments and agencies have adopted the Code, it does not have legal force, and cannot prevail over statutory or other mandatory external requirements (e.g. under European Community Law). The Code contains seven criteria. They should be reproduced in all consultation documents. Deviation from the Code will at times be unavoidable, but the Government aims to explain the reasons for deviations and what measures will be used to make the exercise as effective as possible in the circumstances. The seven consultation criteria are:
1. When to consult: Formal consultation should take place at a stage when there is scope to influence the policy outcome.
2. Duration of consultation exercises: Consultations should normally last for at least 12 weeks with consideration given to longer timescales where feasible and sensible.
3. Clarity of scope and impact: Consultation documents should be clear about the consultation process, what is being proposed, the scope to influence and the expected costs and benefits of the proposals.
4. Accessibility of consultation exercises: Consultation exercises should be designed to be accessible to, and clearly targeted at, those people the exercise is intended to reach.
101
369
Consultation on Improving Access to Taxis
5. The burden of consultation: Keeping the burden of consultation to a minimum is essential if consultations are to be effective and if consultees’ buyin to the process is to be obtained.
6. Responsiveness of consultation exercises: Consultation responses should be analysed carefully and clear feedback should be provided to participants following the consultation.
7. Capacity to consult: Officials running consultations should seek guidance in how to run an effective consultation exercise and share what they have learned from the experience.
If you consider that this consultation does not comply with the criteria or have comments about the consultation process please contact:
Lec Napal Department for Transport Zone 1/33 Great Minster House 76 Marsham Street London, SW1P 4DR email: [email protected]
A full version of the Code of Practice is available on the Better Regulation Executive website at: www.berr.gov.uk/files/file47158.pdf
102
370
371
372
373
374
375
376
377
378
379
380
381
382
383
Item No 11 LICENSING COMMITTEE
20 JULY 2009
SUBJECT:
REQUEST FOR ADVERTISING ON A HACKNEY CARRIAGE VEHICLE
REPORT BY:
DIRECTOR OF RESOURCES
LEAD OFFICER:
SAMANTHA KIERAN, LICENSING OFFICER
1. Purpose of Report
1.1 To consider a request from Mr Charles Taylor, for advertising material to be
placed on his licensed hackney carriage vehicle.
2. Background
2.1 Current licensed conditions on advertising on licensed Hackney Carriages is: “The vehicle shall display neither externally nor internally any sign, notice or advertising material unless prior approval thereto has been obtained from the City Council”
2.2 The advertising material is for Hypno Slimmer Courses.
2.3 The request can be seen at Appendix A and the artwork for the livery at Appendix B.
3. Main Body of Report
3.1
Therefore the permission of the Licensing Committee is required to place any advertising material in or on a hackney carriage vehicle.
4. Resource Implications
4.1 (i) Finance (including impact on Savings Targets) – None.
- Capital Implications – None. - Revenue Implications – None.
4.2 (i) Staffing – None.
4.3 (ii) Property/Land/Accommodation Implications – None.
4.4 (iii) Procurement – None.
384
5. Legal Implications
5.1
(i) Legal – if the application is refused they can appeal to the Magistrates’ Court and as any legal expenses will have to come from the general legal expenses budget.
5.2
(ii) Contractual – None.
5.3 (iii) Constitutional Issues – None. 6. Policy Implications
6.1 (i) Strategic Priority – None.
6.2 (ii) S.17 Crime and Disorder – None.
6.3 (iii) Equality and Diversity – None.
6.4 (iv) Environmental Sustainability – None.
6.5 (v) Community engagement/ communication – No.
7. Assessment of Options
7.1 (i) Key Issues – None.
7.2 (ii) Risks Assessment (including Impact Assessment) – None.
8. Recommendation
8.1 Members views are sought as to whether;
To allow the advertising material detailed in Appendix A and Appendix B to be placed as requested.
385
Access to Information: Does the report contain exempt information, which would prejudice the public interest requirement if it was publicised?
Yes/No
Key Decision Yes/No
Key Decision Reference No.
Do the Exempt Information Categories Apply
Yes/No
Call In and Urgency: I s the decision one to which Rule 15 of the Scrutiny Procedure Rules apply?
Yes/No
Does the report contain Appendices?
Yes/No
If Yes, how many Appendices?
1
List of Background Papers:
Appendix A – Letter request from Mr Charles Taylor Appendix B – Artwork.
Lead Officer: Samantha Kieran Telephone 873565
See below
386
Checklist
Applies Checklist Completed and retained as a background document
Consultation Required (Insert Name of Consultee and Date Completed)
Report Section That Applies
Items For Inclusion in all reports
Yes/No Yes/No
Resource Implications
Financial Implications (including impact on savings targets)
Resource Implications
Staffing
Resource Implications
Property/Land/ Accommodation
Resource Implications
Procurement
Legal Implications Legal
Legal Implications
Contractual
Legal Implications
Constitutional Issues
Policy Implications
Strategic Priority
Policy Implications
Section 17 Crime and Disorder
Policy Implications
Equality and Diversity (NB a full IA is mandatory if the report relates to a new/change to council policy)
Policy Implications
Environmental Sustainability
Policy Implications
Community engagement/ communication
Risk Implications
Risk Assessment
387
Appendix A
388
389
390
391
392
393
394
Related Documents
