Critique of the United Kingdom Licensing Act 2003 - Literature review Example

Critique of the UK Licensing Act 2003 Professor (Tutor) The Name of the School (University) The City and State Date Critique of the UK Licensing Act 2003 Alcohol consumption is associated with a worldwide culture that has led to numerous unwanted consequences and implications (Grönqvist & Niknami 2014). Governments worldwide including the United Kingdom have throughout history implemented measures to counter the effects of alcohol abuse in society. A more recent and key development in the UK was the implementation of the Licensing Ac of 2003 (the Act) on 24th November 2005 based on four key principles; preventing crime and public disorder, promoting public safety, preventing public nuisance, and protecting children from injury (Foster & Marriott 2006, p. 286). According to the House of Commons Culture, Media and Sport Committee (2004), the main intentions and purpose of the act were to improve the quality of life and how the UK population uses their leisure time particularly as far as their alcohol-related behaviours and habits were concerned. The committee also indicated the act would help in eliminating bureaucracy, thus increasing industry savings with numerous measures to address alcohol-associated crime, antisocial behavior, and disorder. Nonetheless, with about nine years since the act came into law, the Act has had numerous implications in terms of communities, society, businesses, partnerships, and police some of which have been intended and others not intended. The implications have also been accompanied by differing views over its effectiveness or otherwise. The following paper aims to critically analyse the range of intentions and effects of the Licensing Act 2003. It will consider the UK’s alcohol culture and its implications, the key features of the act, consequences of the act, and offer evidence to support its impact. Alcohol-related challenges are common worldwide as well as in the UK. The UK has had a long culture of excessive alcohol consumption for decades now (Foster & Marriott 2006). People in the UK especially teenagers aged between 15 and 25 consume alcohol regularly and sometimes above the responsible level. Foster & Marriott (2006, p. 286) conducted a study in the UK where they surveyed school teens aged between 15 and 16 years. About 87% of the teen respondents addicted to using alcohol regularly and 24% of this group drink frequently Foster & Marriott (2006, p. 286). The UK is a well-known culture for heavy drinkers. United Kingdom consumers’ alcohol consumption accounted for 24% of the amount spent in food and drinks in 2013 Grönqvist & Niknami (2014, p. 1216). Again, Balakrishnan, et al. (2009, p. 369) found that in England, among adults aged above 16 years, 69% of men and 59% of women reported consuming alcohol at least once in a week. About 6% of women reported consuming alcohol on a daily basis for at least a week Grönqvist & Niknami (2014, p. 1212). The largest number of men drank about four units, which is about four beers and the recommended responsible drinking, while a smaller but significant number reported drinking over eight units, which is irresponsible drinking. Even with this evidence, Grönqvist & Niknami (2014, p. 1212) argues that the alcohol consumption since the nineties has reduced significantly reduced by about 40%. Nonetheless, alcohol consumption is related to numerous implications. According to UK’s National Health Services, between 2009 and 2010, there were about 1 million alcohol-related admissions, which was an increase from the previous estimated 900,000 hospital admissions (Balakrishnan, et al. 2009, p. 369). The report also reported an increase of alcohol-associated hospital admissions from 2003 to 2009 of about 20% (Balakrishnan, et al. 2009, p. 369). Moreover, there were about 6,584 deaths directly linked to alcohol in 2009 (Balakrishnan, et al. 2009, p. 369). The impact of UK’s drinking culture illustrates recent rises in health related issues that illustrate the extent of excessive or alcohol abuse. Moreover, alcohol-consumption is also related to crime, anti-social behavior, and public disorder. According to Grönqvist & Niknami (2014, p. 1212) about nine thousand people were involved in alcohol-linked accidents while driving. Additionally, victims of crime, believed that criminals to be drunk or been drinking in about 47% of all reported violent crimes and offences (Raistrick 2005, 233). Alcohol-linked crime is estimated to cost the UK government about £11 billion annually (Raistrick 2005, 233). Police in the UK reported that domestic harm and injury account for the largest crime reports (Raistrick 2005, 233). These statistics are followed by violence in public places involving violence, criminal damage, and sexual violence. What is evidenced here illustrates the diverse and significant extent of alcohol-related impacts and consequences. To critically analyse and evaluate the Licensing Act, it is proper to consider this evidence as well as the main features of the Act. The Act was developed in an attempt to counter all the numerous consequences and an implication of UK’s binge-drinking culture. Its main principles or objectives include prevention of public disorder and crime, public safety, and prevention of harm to children (Herring, et al. 2008, p. 262). The main features of the Act include the licensing process and addressing the negative consequences of the night-time economy. The UK alcohol and entertainment industry has faced numerous challenges in terms of the licensing process with the involvement of numerous licensing partners and stakeholders. In the past and prior to the introduction of the Licensing Act 2003 it is suggested that the licensing application process and regime was bureaucratic and largely administered by special licensing justices or courts. The main aim of the 2003 Act was to streamline the licensing process to ensure that stakeholders (including local communities, police and local authorities with responsibilities for a range of community issues) are more involved in the decision made to promote the Act’s objectives. The next main feature of the 2003 Act is enhancing the night-time economy. As illustrated earlier a significant proportion of the young population in the UK is involved in alcohol abuse, which is done in public and other places. The act focused on developing or encouraging hybrid businesses that would include adaptable social spaces to meet the consumer needs (Owens 2006, p. 345). Such businesses have the ability to offer family-friendly spaces for leisure time in certain hours while offering selling alcohol later. The feature of night-time economy also relaxed the closing hours of clubs to allow clubs to vary and extend their opening hours (Owens 2006, p. 345). Lastly, the feature of night-time economy also seeks to increase partnerships with the licensing stakeholders such as fire department and police. It main feature is developing partnerships that cover a certain area such as the Business Improvement District. Stakeholders are encouraged to increase partnerships that seek to reach the objectives of reducing night-time disorders and nuisances and achieving public and community safety. Such projects have already been implemented using features of a problem-oriented partnership (POP) approach with the provision of taxi marshals and street wardens helping reduce disorder while increasing public safety (Durnford, et al. 2008, p. 381). Through these features, the Actmay seem to be addressing the main concerns in the terms of community and reducing crime. Nonetheless, one of the major criticisms of the Licensing Act 2003 has been that there was insufficient piloting or evaluation of its impacts (Baggott, 2010). Further, that the views of key partners such as the police and health professionals were overlooked. This means that the idea of participation is not considered adequately as some of the main participants of the Act were not properly consulted (Durnford, et al. 2008). It is clear that no public entities such as families or communities were involved in the development of the act. The lack of stakeholder participation poses a challenge to the successful attainment of its objectives (Owens 2006, p. 359). Nonetheless, to critically evaluate the Licensing Act, the paper will now consider its impacts on society, partnership, police, and crime related aspects. According to Hough & Hunter (2008, p. 242) police reported a reduction in violent crimes related to alcohol consumption. These statistics were based on a test period of twelve months before and after the Licensing Act 2003. The results indicated that over thirty police departments witnessed a one percent decrease in recoded alcohol-linked incidents. Nonetheless, there was a rise in the overall reported cases of harassment offences in 2007, which is one year after the implementation of the act. The statistics are also supported by another study Peirce & Boyle (2011) that reported a reduction in assault cases following the introduction of the act. These cases were sampled from the Accident and Emergency Department admissions in relation to alcohol-related incidents (Peirce & Boyle 2011, p. 356). Police surveys and statistics indicated that there were no increases in crime levels based on non-empirical data and evaluation. From the above evidence it is clear that the Act had an impact on police in relation to crime and public safety. Nonetheless, these decrease of 1% and 7% represent a rather insignificant reduction based on the main objectives of the licensing policy. Moreover, the evidence was collected too soon to allow for comprehensive evaluation of policy impacts after implementation. This illustrates the weakened ability of the policy to track its success or failures from different stakeholders in terms of allowing continuous changes and improvement. In the community and society, the new licensing policy affected the pattern of opening hours and consumption of alcohol, which has numerous implications. According to Herring, et al. (2008, p. 252) the licensing act has changed most opening hours of night clubs. However, only 1% of clubs or alcoholic premises applied to operate for twenty four hours. The larger percentage of premises preferred to apply for either an extension of one or two hours past the recommended or required 11pm. This has reduced the number of people who have to simultaneously leave the pub at 11 pm. Although of not much effect, it would be considered as significant in reducing the number of intoxicated people commuting or manoeuvring in public, which is a common source of crime, public, nuisances, and disorder where city centre entertainment districts, for example, can become flashpoints for violence and disorder (Kirby & Hewitt 2011, p. 31). Nonetheless, these positive impacts such as urban regeneration or consequences have negative implications to the wider society. These implications are in the context of businesses and also crime and disorder. According to Owens (2006, p. 352) alcohol sales in pubs and premises have declined based on the rival pricing from supermarket. The rise in sales is based on the trend of people buying alcohol from the supermarket based on aggressive pricing to ‘tank up’ or pre-load at home where there is no supervision Owens (2006, p. 352). Such people will later continue drinking in clubs after having filled up from the lowly priced alcohol in supermarket, thus contributing to public disorder. Moreover, in terms of health, Hough & Hunter (2008, p. 241) noted that there was a change in admission hours for alcohol-related incidents that increased during morning hours. This goes on to illustrate the number of reported alcohol-related incidents in hospitals that has continuously risen since the implementation of the licensing policy by 20% between 2003 and 2009 (Balakrishnan, et al. 2009). Additionally, the change in operating hours and the licensing policy itself has contributed to an increase in club and entertainment joint costs in terms of rent. Owens (2006) noted that rental value increased by 7.1% in 2006 following the implementation of the licensing policy. The change in the economic system has placed increased pressure on bar owners to support operations including reduced working hours for employees as well as their benefits. Moreover, the pub and bar industry has witnessed increased competition based on the high costs of acquiring licenses and limited regulation of operating practices. According to Owens (2006, p. 352) this has slowed the growth rate for this industry resulting in reduced capital and expenditure in numerous areas of the UK. Most small businesses that do not perform well are running or have run out of businesses. The change in economic favorability has reduced the overall wellness of society or even communities. Lastly, in terms of partnership, local authorities have received increased decentralization based on the ability to develop and implement local licensing policies. One of the main achievements in this area is that of regulation where local authorizes have authorities to act immediately (Owens 2006, p. 356). With decentralized roles, numerous bureaucratic features have been eliminated allowing increased impact in terms of meeting objective in the local level. Nonetheless, the partnership impact has only favoured local authorities to the extent that other stakeholders are willing to partner (Goodacre 2005, 682). Overall, the impacts of the licensing act have been mixed, but it is clear that extensive research and assessment is needed to get a better perspective. In conclusion, it is clear that the Act was intended for positive reasons, but has not been successful in achieving these objectives without evidence of a range of negative consequences available. The features of the licensing policy focus on the licensing process and night-time economy. Nonetheless, in terms of partnership, the consequences of the policy have added minimal positive changes. The process of licensing is still bureaucratic especially in allowing participation for all stakeholders including customers, bar owners, and licensing agencies. Crime, disorder, and public safety have improved at the cost of economic wellbeing in society and communities. Overall, there is need to review and assess the Licensing Act 2003 with an emphasis new dimension of participation for all stakeholders. References Baggott, R 2010, A modern approach to an old problem? Alcohol policy and New Labour, Policy & politics, vol. 38 no. 1, pp. 135-152. Balakrishnan, R, Allender, S, Scarborough, P, Webster, P, & Rayner, M 2009, 'The burden of alcohol-related ill health in the United Kingdom', Journal Of Public Health (Oxford, England), vol. 31, no. 3, pp. 366-373. Durnford, A, Perkins, T, & Perry, J 2008, 'An evaluation of alcohol attendances to an inner city emergency department before and after the introduction of the UK Licensing Act 2003', BMC Public Health, vol. 8, pp. 379-385. Foster, R, & Marriott, H 2006, 'Alcohol consumption in the new millennium – weighing up the risks and benefits for our health', Nutrition Bulletin, vol. 31, no. 4, pp. 286-331. Goodacre, S 2005, 'The 2003 Licensing Act: an act of stupidity?', Emergency Medicine Journal: EMJ, vol. 22, no. 10, p. 682. Grönqvist, H, & Niknami, S 2014, 'Alcohol availability and crime: Lessons from liberalized weekend sales restrictions', Journal Of Urban Economics, vol. 81, pp. 77-84. Herring, R, Thom, B, Foster, J, Franey, C, & Salazar, C 2008, 'Local responses to the Alcohol Licensing Act 2003: The case of Greater London', Drugs: Education, Prevention & Policy, vol. 15, no. 3, pp. 251-265. 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Before and after study', European Journal Of Emergency Medicine: Official Journal Of The European Society For Emergency Medicine, vol. 18, no. 6, pp. 351-356. Raistrick, D 2005, 'The United Kingdom: alcohol today', Addiction, vol. 100, no. 9, pp. 1212-1214. Read More