Booze ban girl back in court

If ever evidence were needed to demonstrate that prohibition, minimum pricing or further restriction on licensing hours were not the solution to alcohol related crime and disorder then here it is.


This is truly an indictment on our society as a whole and demonstrates the significant cultural hurdles which need to be overcome when a criminal record is a badge of honour, alcoholism is viewed flippantly and our criminal justice system fails the victims of crime; as well as in this case the victim of society who needs help to overcome the failings which if not resolved quickly will end up killing her.


Sadly this is exactly the kind of story which will be pounced upon to increase regulation in the Licensed Retail Sector rather than realising that it demonstrates the need to take a much more comprehensive approach, through education, legislation and cyclical cultural change.


It will not give those who think that there is an instant solution any satisfaction, but you have to ask the question; what approach would have saved Laura from her fate? Minimum pricing? Shorter licensing hours? Further legislation on licensed premises?


At Beyond The Blue we deliver a number of different courses, which include;


• The Award in Responsible Alcohol Retailing (ARAR) designed for front-line staff to help them meet their statutory requirements;
• The National Certificate for Personal Licence Holders (NCPLH) which qualifies candidates to apply for their personal licence;
• The National Certificate for Designated Premises Supervisors (NCDPS) which provides relevant information for anyone assuming the position of DPS in licensed premises.
• Conflict Management and Resolution training compliments personal development and helps employees deal proactively with Workplace Violence.
• Our Personal Safety for Lone Workers course teaches the core skills to help employees deal effectively with alcohol and drug related personal safety issues.


Please visit our website at http://www.btbl.co.uk/.


For more information on any of our services, please call us on 0845 602 55 95 or Contact Us.

To view the original article please Click Here
Source – Metro
Date – 21st April 2010
Submitted by – Peter Mayhew

Mephedrone ban comes into force in UK

Mephedrone a.k.a. ‘meow meow’ or ‘plant food’ has been reclassified as a class B drug alongside cannabis and now, under the drugs misuse act 1971, carries a maximum sentence of 5 years imprisonment for possession and 14 years for the sale or supply.


The reclassification came into force on 16th April 2010.


A further blog entry will examine the merits of the ban in more detail soon.


At Beyond The Blue we run a number of different courses, which include;


• Drug Awareness – designed specifically for each individual client to help them address the problems of controlled drug use and drug dealing in their workplace.
• The National Certificate for Licenses (Drug Awareness) – designed specifically for the licensed retail sector
• The Award in Responsible Alcohol Retailing (ARAR) designed for front-line staff to help them meet their statutory requirements;
• The National Certificate for Personal Licence Holders (NCPLH) which qualifies candidates to apply for their personal licence;
• The National Certificate for Designated Premises Supervisors (NCDPS) which provides relevant information for anyone assuming the position of DPS in licensed premises.
• Conflict Management and Resolution training compliments these courses to help employees deal with Workplace Violence and alcohol related disorder.


Please visit our website at http://www.btbl.co.uk/.
 
For more information on any of our services, please call us on 0845 602 55 95 or Contact Us.


To view the original article please Click Here
Source – www.bbc.co.uk
Date – 16th April 2010

New Mandatory Conditions – Licensing Act 2003

Three new mandatory conditions came into force on the 6th April 2010. These mandatory conditions apply to every premises licence in England and Wales; and although they will not appear physically on each individual licence they still apply.


These are the first three of a total of five new mandatory conditions being introduced in 2010; the last two are due to be introduced in October.


As with any new legislation, the government has published guidance to help people interpret the meaning and give some insight into enforcement. However guidance is not legally binding and until such time and test cases start to occur and rulings are given, we can only provide opinion on the new conditions.


The first two conditions are relatively straight forward:


1. The responsible person must ensure that free potable tap water is provided on request to customers where it is reasonably available on the premises.


The guidance suggests that by ‘reasonably available’ it means at almost all times; the example they give for water not being ‘reasonably available’ is when the mains supply is temporarily unavailable due to a broken mains supply.


What might be more contentious is what constitutes a ‘customer’? Presumably a customer is someone who pays for a service or product. If someone walks in off the street sits down and asks for a drink of water are you obliged to provide them with potable drinking water? I would suggest they are not a customer, but unless it is causing a real problem it may be just as well to allow it rather then becoming a ‘test case’…


2. The responsible person must ensure that no alcohol is dispensed directly into the mouth of another person.


This condition has been added to prevent the mythical ‘dentist chair’, but also prevents such activities as free pouring from bottles directly into the mouth or the use of water pistols filled with cocktails being squirted into the mouth of another person.


As much as it is the responsibility of the Designated Premises Supervisor to prevent staff taking part in these activities, they must also prevent customers taking part in activities which contravene these regulations.


There is one sensible exception to this condition and that is when an individual is unable to drink without assistance due to disability.




The final condition is the most ‘controversial’ because of the potential for ‘interpretation’ and the one which requires further clarification to take place before we can definitively say what will and what will not be permitted.


3. The ‘Responsible Person’ should be able to demonstrate that they have taken all reasonable steps to ensure that staff do not carry out, arrange or participate in any irresponsible promotions.


An irresponsible promotion is one which undermines any of the licensing objectives and encourages people to drink more (on the premises) than they might ordinarily do and in a manner which does not promote the licensing objectives.


So what sort of promotions might be considered ‘irresponsible?


The guidance sets out a number of examples, but this is far from a prescribed list and it specifically mentions that ‘substantially similar’ promotions would also fall under this condition:


• Drinking Games – which require or encourage individuals to drink a quantity of alcohol (or as much as possible) within a time limit.

• Large quantities of Alcohol for Free or a Fixed Price – this prevents promotions such as a fixed entry price allowing ‘all you can drink’. However this also covers unlimited or unspecified quantities of alcohol free or for a fixed price being offered to a particular group of people defined by a particular characteristic (which makes them more vulnerable or more likely to be involved in crime and disorder as a result of the consumption of alcohol).

• Prizes and Rewards – The sale or supply or provision of free or discounted alcohol or any other item as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less.

• Sporting Events – providing free or discounted alcohol in relation to a sporting event shown on the premises which depended on the outcome of a race, match or other event.

• Posters & Flyers – sale of alcohol in connection with posters or flyers which are considered to condone, encourage or glamorise anti social behaviour or refer to the effects of drunkenness in any favourable manner.


The definition of an ‘irresponsible promotion’ is still one which undermines the licensing objectives and as such these activities are still theoretically permitted if they do not undermine the licensing objectives. It is not until we see the outcome of some test cases which will allow us to give a clearer idea of the interpretation of when the licensing objectives are undermined.


We always advise our clients to try and not become the ‘test case’ but rather wait it out. My feeling is that it will be relatively easy to demonstrate that those promotions mentioned above will undermine one of the licensing objectives and the guidance suggests that this is certainly going to be the case where promotions target more ‘vulnerable’ sections of the community. These sections of the community have already been identified to include students, women and under 25’s amongst others.


As with all the mandatory conditions they apply to all premises licences and club premises certificates but not to temporary event notices.


The interpretation of the guidance is going to be all important and individual licensing authorities are likely to have very varied interpretations. If you think any of your activities are stepping close to the line then I would suggest a quick call to a licensing officer to test their interpretation might be a sensible approach and permit you to move forward with a little more confidence.


At Beyond The Blue we run a number of different courses for people working in the Licensed Retail Sector to help them sell alcohol more responsibly. These include;


• The Award in Responsible Alcohol Retailing (ARAR) designed for front-line staff to help them meet their statutory requirements.

• The National Certificate for Personal Licence Holders (NCPLH) which qualifies candidates to apply for their personal licence.

• The National Certificate for Designated Premises Supervisors (NCDPS) which provides relevant information for anyone assuming the position of DPS in licensed premises.

• Conflict Management and Resolution training compliments these courses to help employees deal with Workplace Violence and alcohol related disorder.


Please visit our website at http://www.btbl.co.uk/.


For more information on any of our services, please call us on 0845 602 55 95 or Contact Us.


Source – Beyond The Blue
Date – 7th April 2010

Don’t ban ‘meow meow’

The relative harm of drugs is an argument which got Professor Nutt into trouble and I am not about to wage a scientific argument with him on this particular subject; however I will argue the point on the principle of government scientists dictating policy and on the proposal that some drugs should effectively sold under licence.


It is the constant comparisons with controlled drugs and alcohol which I find difficult to stomach. We know alcohol is a drug and a dangerous one at that, but you don’t solve a problem by undermining one danger because a greater one exists.


To use his famous equestrian reference it would be like saying we should ban horse riding but allow pony trekking…


The classification system is there to deal with controlled drugs at this time alcohol and tobacco fall outside of this classification. If there is an argument to include these then make that argument, do not confuse it with an argument surrounding the harm from Methedrone.


The solution to the drug problem (if there could ever be one) lies in more than scientific data and opinion and it is here where I take issue with Professor Nutt. I would never question his integrity, his qualification or experience, however the issue with drugs is a political one. I should clarify that when I say it is a political problem it is not a problem to play politics with…


If the argument goes that the harm from alcohol is so great that it should be controlled, how could decriminalising other harmful drugs (even if they are less harmful than alcohol) help the situation in the UK, surely it can only make things worse?


One thing I wholeheartedly agree with is the formation of a new category of drugs; the Class X drugs if you like. It is a classification into which new drugs which appear on the market can quickly and easily be put, in order to avoid the uncontrolled legal ‘dealing’ of drugs.


What always surprises me is the difference between the vigorous, lengthy and expensive development and testing which pharmaceutical drugs undergo before they are allowed to be sold, which is in complete contrast to the back-street labs producing chemical compounds which are ‘developed’ by amateur chemists to fulfil this grey market for ‘legal’ drugs. It strikes me these go through less testing then even our foodstuffs which are subject to tough hygiene regulation.


The law in this grey area is very haphazard and a Class X would place some controls on the ‘legal’ drug trade and allow government scientists to test them properly; avoiding the current backward methodology of ‘see the harm they cause’ and then test and classify. This antiquated methodology provides no protection to young people attracted to these cheap and readily available drugs.


Professor Nutt’s drug chart is a reflection of his expert opinion in this area and with his experience he cannot be ignored. But the consequences of drug use are more than medical and scientific; the social, criminal and psychological consequences of drug use and drug dealing will always be a choice for politicians. Scientific grading alone is never going to be the only concern, the harm from drugs comes in too many forms.


At Beyond The Blue we deliver a number of different courses, which include;


• Drug Awareness – designed specifically for each individual client to help them address the problems of controlled drug use and drug dealing in their workplace.
• The National Certificate for Licensees (Drug Awareness) – designed specifically for the licensed retail sector
• Conflict Management and Resolution training compliments personal development and helps employees deal proactively with Workplace Violence.
• Our Personal Safety for Lone Workers course teaches the core skills to help employees deal effectively with alcohol and drug related personal safety issues.


Please visit our website at http://www.btbl.co.uk/ .


For more information on any of our services, please call us on 0845 602 55 95 or Contact Us.


To view the original article please Click Here
Source – Evening Standard
Date – 23rd March 2010

Minor Variations – Licensing Act 2003

In July 2009 a change was introduced to the Licensing Act 2003 which affected the process of ‘variation of a premises licence’.


Previously any variation attracted the same formal application and notification processes no matter how insignificant they were.


The introduction of Minor Variations is a ‘common sense’ approach to dealing with those less significant alterations to a premises licence which have little or no effect on the terms of use or the impact of the premises.


In its simplest form this change means that if the proposed variation does not have any material impact on the licensing objectives it may be deemed to be a ‘minor variation’. In these cases you submit an application to the licensing authority who consult the relevant ‘responsible authorities’ as they feel is appropriate and consider any representations received within 15 working days.


You must still post a notice outside the premises for 10 days after the application is made for any ‘interested party’ to make a representation to the licensing authority. There can however be no hearing into the representation, but rather it will be considered by the authority who will determine the merits and either insist on an application for a full variation being submitted or grant the minor variation.


An example


If you wanted to knock through an interior wall in your premises in order to ease the flow of customers or for aesthetical reasons, this would require a variation as the plans submitted for your premises would no longer reflect the structure.


On the assumption that this did not increase your capacity (and thus affect conditions attached to your licence) or significantly alter the Fire Evacuation routes (and thus undermining the licensing objective of Public Safety), then it really has no impact on any of the licensing objectives.


Common sense says; why complete a full variation for something which has no impact on the licensing objectives and it is exactly this approach which has been taken with the introduction of ‘minor variations’.


This example should qualify for a minor variation, but it may be useful to seek the informal agreement of the licensing officer prior to submitting your application.


All our relevant training courses reflect these changes and for candidates who have already taken our National Certificate for Personal Licence Holders (NCPLH) course, an update for their NCPLH handbook is available; please contact us for a copy.


At Beyond The Blue we run a number of courses for people working in the Licensed Retail Sector to help them sell alcohol more responsibly. These include; The Award in Responsible Alcohol Retailing (ARAR) designed for front-line staff to help them meet their statutory requirements; The National Certificate for Personal Licence Holders (NCPLH) which qualifies candidates to apply for their personal licence; Our Conflict Management and Resolution course compliments these courses to help employees deal with Workplace Violence and alcohol related disorder.


Please visit our website at http://www.btbl.co.uk/.


For more information on any of our services, please call us on 0845 602 55 95 or Contact Us.


Source – Beyond The Blue
Date – 15th January 2010

Electronic Applications

On the 28th December 2009 while most people were recovering from Christmas and preparing for New Year a change occurred in the way applications can be made for Premises Licence Applications, Minor Variations, Variations, Designated Premises Supervisor Applications, Temporary Event Notices and for the Review of a Premises Licence.


These applications and notices can now be made in writing as they were previously or electronically.


There are significant advantages in many cases to making these applications electronically;


• For Premises Licence Applications the licensing authority will assume the responsibility for forwarding on a copy of your application to the seven ‘Responsible Authorities’ if you send the application electronically. If you make this application as a written (hard copy) application then you are still responsible for sending each authority a copy of your application and ensuring they are all sent on the same day.

• Temporary Event Notices (TENs) may also be given electronically; in which case only the licensing authority needs to be notified and they have the responsibility of forwarding the notice on to the police.


These changes are courtesy of an European Union Directive and make these application processes less daunting for applicants in most cases, but for technophobes all applications can still be made in writing in the ‘traditional’ way.


All our relevant training courses reflect these changes and for candidates who have already taken our National Certificate for Personal Licence Holders (NCPLH) course an update for their NCPLH handbook is available; please contact us.


At Beyond The Blue we run a number of courses for people working in the Licensed Retail Sector to help them sell alcohol more responsibly. These include; The Award in Responsible Alcohol Retailing (ARAR) designed for front-line staff to help them meet their statutory requirements; The National Certificate for Personal Licence Holders (NCPLH) which qualifies candidates to apply for their personal licence; Our Conflict Management and Resolution course compliments these courses to help employees deal with Workplace Violence and alcohol related disorder.


Please visit our website at http://www.btbl.co.uk/.


For more information on any of our services, please call us on 0845 602 55 95 or Contact Us.

Source – Beyond The Blue
Date – 15th January 2010

Ban on new pubs opening to curb alcohol-fuelled violence

We always tell our clients of the importance of a partnership approach to their business, an approach which makes them ‘part of the solution rather than part of the problem’.


Licensing is not an ‘us against them’ situation it is all about compromise and being part of the community you serve. This is especially difficult in urban areas where much of the trade is ‘passing trade’ or the ‘after work crowd’. These customers do not have a vested interest in the problems faced by residents and as such licence holders have to make an extra effort to keep local residents on-side.


Setting up a local pubwatch or townwatch is a great way to achieve this and to include the local residents, police and licensing authorities in this process can be very effective.


The consequence of failure is for all to suffer the same fate. In this case a ‘saturations zone’ being declared on The Cut right next to London Waterloo station looks likely.


As always it is the responsible retailers who suffer most for the sins of irresponsible retailers. Most responsible alcohol retailers welcome strong enforcement of the current legislation which should be adequate to deal with those premises causing many of the problems. When you run a professional business these regulations don’t worry you and licensing inspectors will not trouble you.


It is important to know what your local authority’s licensing policy is and how it will affect your business; The Cut is important to us as it lies within a few hundred feet of one of our London training bases located on the other side of London Waterloo mainline train station.


At Beyond The Blue we run a number of different courses, which include;


1. The Award in Responsible Alcohol Retailing (ARAR) designed for front-line staff to help them meet their statutory requirements;
• The National Certificate for Personal Licence Holders (NCPLH) which qualifies candidates to apply for their personal licence;
• The National Certificate for Designated Premises Supervisors (NCDPS) which provides relevant information for anyone assuming the position of DPS in licensed premises.
• Conflict Management and Resolution training compliments these courses to help employees deal with Workplace Violence and alcohol related disorder.


Please visit our website at http://www.btbl.co.uk/.


For more information on any of our services, please call us on 0845 602 55 95 or Contact Us.


To view the original article please Click Here
Source – Evening Standard
Date – 16th March 2010