The Anti Social Behaviour Bill is meandering through parliament, and is due to be introduced into Law in the near future. This bill has a number of aspects – some of which are very controversial – for example, new legislation on dangerous dogs and forced marriages. Also tucked away are new laws controlling pubs!
The concern of the pub industry is that the new licensing laws will "slip through under the radar" as the more controversial subjects gain most attention. There are however serious consequences for pubs, which many industry players see as potentially being "enormously damaging" to the pub sector. Part of the new law is that police will be able to close pubs for within 24 to 48 hours if there has been, or is likely to be, nuisance or disorder. Currently they must seek an order from magistrates thus to do. Theoretically, a closure order could subsequently last for 3 months!
Even more worrying is that for the first time the bill includes what is known as a "community trigger", which means that if there are three 'complaints' about a pub within a six month period, then police and local authorities are 'bound' to investigate. If either then decide to take no action, they must respond to the complainants giving their reasons why not. They will obviously be under great pressure to do 'something', which could include a pub being closed down! This opens up a whole can of worms. Any resident can complain about almost anything – noise for example. I once dealt with a case where a person bought a house next to a pub and complained about the noise of the balls going up the skittle alley! playing skittles was subsequently banned until balls made of rubber replaced the balls made of wood. (Load of balls, really!).
Traditionally, in a sane, adult world, a neighbour would pop into the pub and have a chat with the landlord to find a compatible solution to issues; now all they have to do is run to the police or local authority. History is full of people buying houses next to pubs and then complaining about the travesty of living next door to a pub! I am all for pubs being run responsibly and for being part of the "big society", and 99% of them are! (as are 99% of pub goers!)
The law of unintended consequence could have a field-day here. Think of the power available to entire minority lobbyists, including anti-alcohol groups, anti-pub groups and life’s disenfranchised losers. They can really let their imaginations run wild and complain about a thousand and one things, which could possibly include: kids being in pub gardens where alcohol is being consumed, smokers outside pubs causing obstructions on the pavements, car parking too near the pavement, Wetherspoon’s selling alcohol too cheaply, "I don’t like the landlord", "I have been barred from the pub unfairly", one licencee recruiting complainants to close down a competitor, residents associations choosing anti-pub members, do-gooders visiting the pub to seek under-age or intoxicated drinkers, previous landlords spying to find a fault with new owners, the menu is rubbish, the beer is lousy, the staff are rude, the toilets stink, the beer is too expensive, the hours are too late, the hours are too short, the lights are too bright (I once dealt with a complaint against a pub where the headlights from cars leaving the pub were shining into a neighbours bedroom and apparently putting up blinds was not a solution!) - the list is endless.
Do police really want to have to investigate such trivia, and do Licencees really have to suffer such intrusions to impact on their livelihoods? The Victor Meldrews of this world must be in heaven and think that Christmas has come early!
When will HMG cease their attack on pubs? 99% of them are fine, and 99% of people who drink alcohol are fine. Leave us alone!
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