SUPER STRENGTH ALCOHOL
SCHEMES
and
CUMULATIVE IMPACT POLICIES
Walaiti Rathore
[email protected]
ACS Responsible Retailing Forum
15 October 2014
INTRODUCTION
• Super strength alcohol schemes
• Competition Law
• Cumulative Impact Policy (CIP)
• Effect of a CIP and challenges in a cumulative impact zone
• Steps to introduce a CIP
• Challenging proposals to introduce a CIP
SUPER STRENGTH ALCOHOL
SCHEMES
• Super strength alcohol schemes are
designed to stop the sale of super strength
alcohol in off licences.
• The schemes typically target beer, lager
and cider above a specified level of ABV –
usually around 6%.
SUPER STRENGTH ALCOHOL
SCHEMES
• Suffolk Police/Ipswich is thought to be the first
authority/city to introduce such a scheme.
• And has been hailed as a success in reducing
alcohol related crime, disorder and harm.
• Popularity of such schemes is increasing in many
towns and cities.
Beware:• Attempts could be made to introduce schemes in
Statement of Licensing Policy.
SUPER STRENGTH ALCOHOL
SCHEMES
• By participating in such schemes premises licence
Holders or applicants for new off licences agree not to sell
beers, lagers or ciders above a specified level of ABV.
• No issues with reducing strength/low ABV schemes
providing:
– Schemes are voluntary.
– Licensing process not misused/abused.
– No misuse of statement of licensing policy
LOW ABV SCHEMES IN
NOTTINGHAM
• Schemes in Nottingham
– Achieved some success according to
statistics.
– Became a problem when schemes ceased to
be truly voluntary
LOW ABV CONDITION IN
NOTTINGHAM
Pressure applied to agree low ABV
condition:
“No sale of super strength beers, lagers or
ciders at or above 5.6 ABV”
LOW ABV CONDITION IN
NOTTINGHAM
• Pressure applied to:– Agree to vary premises licence to add low
ABV condition.
– Agree low ABV condition when applying
for premises licence
LOW ABV CONDITION IN
NOTTINGHAM
• Premises licence holders/applicants were
advised by responsible authorities:– All premises will have the same low ABV
condition.
– Representations will be made if new
applicants do not agree to low ABV condition.
LOW ABV CONDITION IN
NOTTINGHAM
• Premises licence holders/applicants agreed to
the condition because:– Did not seem to know they had a choice.
– Seemed afraid of representations/contested
hearing.
• Except one!
CONTESTED APPLICATION IN
NOTTINGHAM
• Application for new off licence.
• Treated as a local test case.
• Representations from:– Nottingham City Council as a licensing authority.
– Nottingham City Council as public health authority.
REPRESENTATIONS
• Representations were based on:– Success of schemes in Ipswich and other
towns and cities.
– Success of similar schemes in other areas in
Nottingham.
– Statistics/information to show relationship
between licensed premises and alcohol
related harm.
SUMMARY OF
REPRESENTATIONS
“… Further sale of super strength products
…will lead to an increase in alcohol
availability, help initiate a downward trend
in local alcohol prices and increase overall
levels of alcohol consumption … The
decision to approve the licence without
the super strength condition … would
place vulnerable citizens at risk …”
PANEL’S DECISION
The panel found the evidence presented by
the responsible authorities to be:-
“Academic and hypothetical”
ONE MAN WITH
COURAGE MAKES
A MAJORITY
Andrew Jackson
PARTNERSHIP APPROACH
• The responsible authorities could have
achieved more by working with the
applicant rather than trying to set a local
precedent.
• Voluntary initiatives and schemes which
are partnership based are proven to work
more effectively.
GREAT THINGS ARE
DONE BY A SERIES
OF SMALL THINGS
BROUGHT TOGETHER
Vincent Van Gogh
COMPETITION LAW
• Beware there are concerns over the legality of
such schemes under competition law.
• According to competition and markets authority
retailers could be at risk of breaching
competition law
– Including where they are encouraged or pressured to
do so by their local authority, but are not bound to do
so by legal obligations or duties.
MAKE AN INFORMED CHOICE
• Make an informed decision on whether to
participate in a super strength alcohol scheme.
• There may be licensing or other issues to
consider in addition to competition law
• You are not an irresponsible retailer if you
choose not join a scheme.
• Take legal advice.
CUMULATIVE IMPACT POLICY
(CIP)
• Cumulative impact means the potential impact on
the promotion of the licensing objectives of a
significant number of licensed premises
concentrated in one area.
• Licensing authorities can consider cumulative
impact in developing its statement of licensing
policy.
• Licensing authorities can include a CIP in its
statement of licensing policy where there is
evidence to do so.
EFFECT OF A CUMULATIVE
IMPACT POLICY
• The effect of a CIP is to create a rebuttable
presumption that:– Where relevant representations are received.
– Applications for grant or variations of premises
licences which are likely to add to the existing
cumulative impact will normally be refused or subject
to certain limitations.
– Unless the applicant can demonstrate that there will
be no negative cumulative impact on one or more of
the licensing objectives.
CHALLENGES IN A
CUMULATIVE IMPACT ZONE
• Applications for a grant or variation of a premises licence
in a cumulative impact zone are very challenging.
• CIP’s are therefore a powerful mechanism for controlling
the number of off licences in a particular area or for
preventing later hours from being granted.
• For example, a CIP was extended in Nottingham
specifically to prevent new off licences or extended hours
for off licences being granted.
• This could have a serious implications for the area in
which you operate.
CHALLENGES IN A
CUMULATIVE IMPACT ZONE
• Successful applications in a cumulative impact
zone are very challenging but not impossible.
• It is possible to negotiate conditions with
responsible authorities or other persons making
representations.
• In contested matters it is possible to persuade
licensing panels to depart from its CIP to grant
an application for a new licence or vary an
existing licence.
STEPS TO INTRODUCE A CIP
• Licensing authorities should not introduce a CIP
without good evidence of cumulative impact of
licensed premises on the licensing objectives
• Information to evidence Cumulative Impact can
include:
–
–
–
–
–
–
–
Local crime and disorder statistics
Statistics on local anti social behaviour
Health related statistics
Environmental health complaints
Local residents complaints to Local Authorities
Residents questionnaires
Evidence from local councillors
STEPS TO INTRODUCE A CIP
• Licensing authorities must indentify the
boundaries of the area where problems are
occurring – the relevant area is not always
accurately mapped out.
• Must carry out a consultation before deciding
whether to introduce a CIP:
–
–
–
–
–
–
Police
Fire Authority
Public Health Authority
Persons/bodies representative of local premises licence holders
Persons/bodies representative of local personal licence holders
Persons/bodies representative of businesses and residents in area
CHALLENGING PROPOSALS TO
INTRODUCE A CIP
• Respond to any proposal or consultation to introduce a
CIP and get involved early.
• Challenge any evidence in support of a CIP.
• Strength in numbers:– Make individual responses in addition to any collective
response.
– Encourage others to respond – need not be ACS members!
• Seek support from local councillors.
WALAITI RATHORE
Tel: 0115 9888763
Email: [email protected]
Fraser Brown
84 Friar Lane
Nottingham
NG1 6ED