Embargo:
00.01, Friday 6 August 2021
Current licensing laws need to be updated to require operators to
take public health into account in running their premises,
alongside wider safety and crime issues.
Giving councils the powers to consider the public health
impact of licensing decisions is vital to protect communities
from harm, reduce NHS costs and save lives, the Local Government
Association says today.
The LGA wants to see the Licensing Act updated to include a
public health objective and allow for action where premises fail
to protect the health of their communities. Councils also need
greater access to NHS data, including hospital admissions and
ambulance call-out details to assist decision making.
Councils can only currently consider four issues when
deciding whether to grant licences – the prevention of crime and
disorder; public safety; prevention of public nuisance; and
protection of children from harm.
This means they are unable to consider whether new
premises, such as an off-license or takeaway, could exacerbate an
existing public health issue, such as alcohol-related hospital
admissions.
Local health bodies can submit a view on licensing
decisions, but any evidence submitted must be related to one of
the existing non-health related licensing objectives. For
instance, hospital data might be useful in highlighting violent
crime incidents, which could be considered under the 'prevention
of crime' objective.
Excessive alcohol consumption is estimated to cost the NHS
£3.2 billion a year, with additional costs falling to social
services, police and businesses. However, despite the established
link between consumption and the availability of alcohol,
councils currently find it challenging to ask for modifications
to licences on health grounds.
The LGA says adding a public health objective to the
Licensing Act would place a legal requirement on businesses to
think about public health issues and give councils long term
tools to act on public health risks.
It also says that a public health objective would ensure
that we are better prepared to deal with a future pandemic, with
councils able to use established procedures for ensuring
businesses take appropriate public health measures to protect
customers.
Cllr Nesil Caliskan, Chair of the LGA’s Safer and Stronger
Communities Board, said:
“The last year has shown us the importance of
businesses taking measures to protect public health, yet
currently councils are specifically discouraged from using the
Licensing Act to consider public health issues.
“Councils want to support businesses and enable them to be
successful, but they also have a duty to protect their
communities from infection and ill-health.
“New licensing powers to protect and improve public health
would allow councils to fully take into account the social and
health impacts on their local communities as well as help reduce
NHS costs.
“Councils do not want powers to refuse every application.
But being able to consider the public health impact of new
licensed premises would allow them to take a more balanced view
in line with their other priorities such as creating vibrant and
safe town centres and protecting people from harm.”
