Licensing laws of the United Kingdom

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A licensing notice, often displayed above an entrance.
A licensing notice, often displayed above an entrance.

In the United Kingdom, the sale of alcohol is restricted - pubs, restaurants, shops and other premises must be licensed by the local authority. The individual responsible for the premises must also hold a personal licence. Premises licences include on-licences (allowing consumption of alcohol on the premises) and off-licences (alcohol must be removed from the vendor and drunk elsewhere). Many on-licenced premises also permit off-sales.

The age at which people are legally allowed to purchase alcoholic beverages is 18 (but 16- and 17-year-olds can have beer, wine, and cider purchased for them by an adult as long as the adult remains with the young person, in restaurants and separate eating areas of pubs).

The Licensing Act 2003 has consolidated into one Act all the many separate legislative provisions that previously covered licensed premises in England and Wales. Scottish licensing laws have tended to differ from those in England and Wales. With devolution, the Scottish Parliament has the power to change the licensing laws for Scotland, though the Welsh Assembly does not have this power.

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[edit] History

In the mid-18th century, gin became extremely popular as it was much cheaper to buy than beer. By 1740, six times more gin than beer was being produced, and of the 15,000 drinking establishments in London, half were gin-shops. The Gin Act 1736 imposed a prohibitively high duty on gin, but this caused rioting and so the duty was gradually reduced and then abolished in 1742. The Gin Act 1751 was more successful: instead of a tax it restricted gin producers to selling only to licensed premises.

During the 19th century, licensing laws began to be used to restrict the opening hours of premises. After the outbreak of World War I, the Defence of the Realm Act was passed by Parliament which restricted opening hours for licensed premises to 12:00 – 14:40 and 18:30 – 21:30. In more recent times the licensing laws have been less restricted, allowing pubs to serve drinks up until 23:00 (last order). Night clubs are allowed to stay open much later, however.

The wartime restrictions in Scotland were not repealed until 1976 (possibly due to a stronger temperance movement north of the border). However the repeal of these laws led to a situation wherby Scottish laws were generally less restrictive, with local authorities being allowed to determine opening hours. Most Scottish pubs now open until midnight, though this is not universal.

Since 2000, pubs have been allowed to open for 24 hours during New Year celebrations.

[edit] Recent changes

Main article: Licensing Act 2003

In 2003, the Labour Government legislated to replace the previous licensing laws for England and Wales, regulated under several different Acts, with a single unified system of rules as to when establishments can open, for how long, and under what criteria. Registration under the Act started in February 2005 and closed in August 2005, with the new licensing system having started (and the old one ending) in November 2005.

Part of the changes allow pubs to serve alcohol past 23:00; this particular part of the legislation was and remains very controversial due to the perceived increase in potential for binge drinking and the effects the change will have on social dynamics; however, the new law's defenders have claimed that the relatively early 23:00 closing time itself contributed to binge drinking, as patrons hurried to drink before closing time. Labour also claimed that the fixed closing time contributed to social disorder, as drunken pub patrons were forced into the street at the same time. Both the Conservative Party and Liberal Democrats unsuccessfully called for a delay in the implementation of this law.

As well as regulating the provision of alcohol, the act also covers entertainment, and refreshments late at night, between 23:00 – 05:00. Vendors (excluding vending machines) serving hot food or drinks between those hours will need a licence to do so. This was already the case in London but the act now extends this to the rest of England and Wales.

Licensing law in Scotland will be radically overhauled by the Licensing (Scotland) Act 2005, which is due to come into force in August 2009 following a transition period starting in February 2008. The new system shares similarities with the regime created by the Licensing Act 2003 - for example, the creation of personal and premises licences; but there are a number of significant differences such as an attempt to control the irresponsible sale of alcohol through curbs on price discounting and other promotions which may lead to excessive consumption.

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