Alcohol Disorder Zones
17th April 2007
The Violent Crime Reduction Act 2006 is now in force.
The scope of the Act is wide ranging, and will have a
noticeable impact on licensed premises. One such impact
is the creation of Alcohol Disorder Zones.
What is an Alcohol Disorder Zone?
A local authority may designate an area as an Alcohol
Disorder Zone (ADZ) if it is satisfied that:
(a) there has been
nuisance or annoyance to members of the public, or a section
of the public, or disorder, in or near that locality;
(b) the nuisance,
annoyance or disorder is associated with the consumption
of alcohol in that locality or with the consumption of
alcohol supplied at premises in that locality;
(c) there is likely
to be a repetition of nuisance, annoyance or disorder
that is so associated;
It may be no surprise that some Councils who have designated
"Stress Areas" are likely to use this legislation
to raise funds for more enforcement.
The Act provides for a stepped approach, including a
public consultation, with designation only occurring where
licensees do not comply with steps set out in a voluntary
Action Plan. Primarily, such consultation is the publication
of a notice advising of the proposal to designate an ADZ
and a 28-day consultation period, thereafter allowing
for proposals and comments.
Cost to Licence Holders
For areas designated as ADZs, local authorities are able
to recoup a monthly charge from persons who during each
month hold a premises licence/club premises certificate
within the ADZ, which authorises the sale/supply of alcohol
at the premises.
A Statutory Instrument will set the rates. Such charges
may also vary between local authorities and different
ADZs within the same authority and there may be some exemptions
or reductions, to be determined by Statutory Instrument.
The Government have issued draft guidance for response
by 1 June 2007.
Consequences
Significantly increased operational costs, which could
have an impact on property values and more enforcement.
© Davenport Lyons 2007. All rights
reserved.
This document reflects the law and practice as at April
2007. It is general in nature, and does not purport in any
way to be comprehensive or a substitute for specialist legal
advice in individual circumstances.
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