Ban On Drinking Games Comes Into Force
Five new mandatory conditions for licensed premises became law on 6 April 2010 intended to lessen the risk of alcohol related crime and anti-social behaviour.
Drink downing competitions, offering free drinks at specified events or incidents in a football or rugby match and “all you can drink for £10” (does not apply where the alcohol is consumed with a table meal) are examples of promotions that may be prohibited.
Three of the conditions came into force from 6 April 2010:
- To ensure that staff do not arrange or participate in any irresponsible promotions in relation to the premises.
- To ensure that no alcohol is dispensed directly into the mouth of another.
This condition is designed to prevent drinking games such as the “dentists chair”. Assisting a person to lift a yard of ale glass may also be prohibited. The regulation will not be breached where the recipient is unable to drink without assistance by reason of a disability.
The regulations may also affect events where a free bar is included. - To ensure that free tap water is provided on request to customers where it is reasonable available.
Five categories of irresponsible promotions are referred to in the new regulations:
(a) Drinking games;
(b) Providing unlimited or unspecified quantities of alcohol free for a fixed or discounted price;
(c) Providing discounted alcohol or anything as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;
(d) Providing alcohol free or for a discounted price in relation to a sporting event shown on the premises where the sale depends on the outcome of a race, match or other event, and
(e) Providing alcohol in association with promotional posters or flyers which can reasonably be considered to condone encourage or glamorise anti-social behaviour or refer to the effects of drunkenness in any favourable manner.
According to The Department for Culture Media and Sport (DCMS) guidance, a promotion is considered irresponsible if it is carried on for the purpose of encouraging the sale or supply of alcohol in a manner which carries a significant risk of:
- leading or contributing to crime and disorder,
- prejudice to public safety,
- public nuisance, or
- harm to children.
"Happy Hours" however, are not prohibited as long as they are not designed to encourage excessive or rapid drinking.
Two remaining new mandatory conditions come into force from 1 October 2010:-
- To ensure that an age verification policy applies to the premises.
- To ensure that customers are aware that drinks are available in small measures.
Further details on the two remaining conditions can be found in the Carter Lemon Camerons’ Autumn Newsletter 2010. For a copy, go to Contact Us.
These are introduced under the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010.
DCMS has published revised guidance on their website.
http://www.culture.gov.uk/what_we_do/alcohol_and_entertainment/default.aspx/
If you need more information or any advice on Licensing laws, please contact Ian West at ianwest@cartercamerons.com