Guidance Notes for Law Enforcement Officers: Pub/Bar Crawls

Guidance Notes for Law Enforcement Officers: Pub/Bar Crawls

Foreword Organised Bar Crawls and the Law Alcohol education charity Drinkaware and National Union of Students (NUS) have joined forces to help students make more informed choices about their alcohol consumption. This guidance has been developed with the support of members from the Association of Chief Police Officers (ACPO). The guide aims to provide law enforcement officers with the facts on how they can use their powers to keep bar crawls safe and operating within the law. The Home Office supports the aims of this guide. While both organisations recognise responsible drinking has an acceptable role within adult students lives, organised bar crawls can leave participants vulnerable to both health and social harms, such as having an accident or getting involved in a fight. This guide is designed to help local authority licensing officers and police officers have a better understanding of the laws relating to pub crawls. It outlines how officers can use their powers to enforce the law, and illustrates how best to legally advise people wishing to organise a pub crawl in their area. Drinkaware (www.drinkaware.co.uk) is an independent alcohol awareness charity, founded in 2007 with the aim of reducing alcohol misuse and minimising alcohol-related harm. The charity provides consumers with information to make informed decisions about the effects of alcohol on their lives and lifestyles. Its public education programmes, grants, expert information, and resources help create awareness and effect positive change. Drinkaware works with the medical profession, the alcohol industry, government and other the voluntary sector organisations to achieve its goals. The National Union of Students (NUS) is a confederation of 600 students' unions, amounting to more than 95 per cent of all higher and further education unions in the UK. Through member students' unions, the organisation represents the interests of more than seven million students. NUS s mission is to promote, defend and extend the rights of students and to develop and champion strong students' unions. The Association of Chief Police Officers (ACPO) brings together the expertise and experience of chief police officers from England, Wales and Northern Ireland, providing a professional forum to share ideas and best practice, co-ordinate resources and help deliver effective policing which keeps the public safe. 3

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Introduction Bar crawls are not a new phenomenon but they are playing an increasingly significant role in the drinking culture of the UK, particularly where there is a density of licensed premises and/or a strong student population. Generations of young people have taken part in bar crawls across the country and most have been low key events organised on a local basis, involving just a handful of people. However in recent times bar crawls have become larger in scale and, in some areas, more problematic if public nuisances are caused as a result of participants drunken behaviour. A key factor in the rise in the popularity and scale of bar crawls is the success of commercially organised bar crawls in youth orientated foreign holiday destinations, and the development of websites promoting organised bar crawls. These large events have attracted negative media attention in the past few years, with some high profile negative press, particularly after the death of a student in Bath and the desecration of a war memorial in Sheffield, which led to court proceedings. Drinkaware commissioned Liverpool John Moores University 1 to conduct research on alcohol use among students attending bar crawls, looking at alcohol consumption and drinking patterns among students participating. It also looked at the behaviour patterns in relation to the amount of alcohol attendees had consumed. The research was conducted between October 2010 and January 2011, with 282 students attending four bar crawls in three English cities. The events were of varying size, nature and management from 1,000 students to 150 students. Research interviews were conducted on the night of the bar crawl and follow up surveys took place with interviewees in the following week. The research findings have helped to inform the recommendations in this guide. Key findings highlighted: At the point of interview, participants who had drunk alcohol reported having consumed an average of nine units (eight for women, 11 for men). Participants expected to consume an average additional five units for women and six units for men that evening. The total expected alcohol consumption over the course of the bar crawl was therefore 15 units on average (13 for women, 18 for men). By the end of the night, over four in ten male and female drinkers expected to consume more than the combined recommended daily alcohol limits for the week in that night alone. 2 The vast majority, 87% of participants, said they had consumed alcohol at home or at a friend s house before going out to join the pub crawl (pre-loading). In a follow-up survey 14% of students reported that they had hurt themselves (e.g. fallen over), 9% vomited, 7% had argued during the pub crawl and 2% reported perpetrating anti-social behaviour the night of the bar crawl. 5

Key research recommendations included: Interventions should not focus solely on participating licensed premises, but consider, for example, the impact of pre-loading and street drinking on areas visited by students on their way to, around and home from the bar crawl. Participating venues should be reminded that it is illegal to sell alcohol to drunk people. Bar crawl organisers should discourage participants from getting drunk, for example by promoting soft drinks. Establishing an upper limit on the size of bar crawls may be a useful mechanism for ensuring they are sufficiently supervised, reducing negative consequences and limiting their impact on public services. Local partners, universities and student unions should share knowledge and experiences of commercial bar crawls in their towns and cities, providing information of well and poorly managed events, and the factors that contribute to this. This guide aims to advise local law enforcers, such as local authority licensing officers and the police, on how to implement a proactive approach to tackling problems associated with bar crawls. It also outlines how enforcement officers can best advise bar crawl organisers to plan and manage responsible events. 6

Managing bar crawls before they get out of hand A check list In the planning stages it is important law enforcers make bar crawl organisers aware of their legal responsibilities. This will help ensure the safety of bar crawl participants and the local community. It is important to emphasise in these discussions that the bar crawl organisers should ensure their event: Encourage avoiding drinking to excess Promotes licensing objectives Supports the mandatory code condition in respect of irresponsible drinks promotions It is also advisable to make sure interested parties, such as local residents, are aware that an event is being planned in their area. They should also be made aware that under powers in the Licensing Act they can call for reviews where they can evidence licensed premises are associated with crime, disorder or public nuisance. If problems are identified, an early intervention should be attempted. Resolving any issues with the organiser before the bar crawl takes place is likely to be more beneficial than dealing with unwanted issues on the night. If issues cannot be resolved and the event does not meet the above criteria, action will be needed to ensure the bar crawl is either cancelled or rigorously controlled. You should check to establish what local procedures are in place before utilising your closure powers. Powers of closure can be used by law enforcers (as listed in the recommended guidelines) if a public nuisance is caused by a bar crawl, but these should only be used as a last resort. Visit premises taking part For day-to-day licensing issues, it is strongly advised regular neighbourhood law enforcers such as Neighbourhood Police Teams undertake random and targeted visits to licensed premises with a particular emphasis on pubs and bars that form part of a bar crawl. This will provide an opportunity to discuss the bar crawl plans with the premises management. The list of options for ensuring that premises are well run and public spaces are properly managed are wide ranging and this guide makes some general recommendations and highlights some key powers. Further information Partnership working between agencies and the licensed trade is key to managing this issue. A list of law enforcement powers can be found on the Home Office Crime Reduction website at www.homeoffice.gov.uk/crime/ Guidance on the Mandatory Code Conditions that apply to all licensed premises can be found at www.beerandpub.com/industryarticle.aspx?articleid=215 7

Recommended Guidance 1. Intelligence In the first instance premises which permit antisocial activities should be identified by law enforcement officers through the use of intelligence. Intelligence should also be sought to establish whether or not the premises are associated with crime and disorder or public nuisance - and whether this has been caused by an organised bar crawl. 2. Negotiation Where bars participating in organised bar crawls have been identified, it is recommended that early discussions should take place between the police, the licensing authority, the designated premises supervisor (DPS) and premises licence holder. This will give the police and local authority licensing officers the opportunity to make the people running the premises aware that the onus is on them to find solutions to risks associated with the event. This should be supported by written action plans. The police and local authority licensing officials could also consider coordinating licensing inspection visits with partner agencies, such as: Fire and Rescue Safety Officers; HM Revenue & Customs Illicit Alcohol Teams; Trading Standards; Health and Safely and Planning Officers; and local Drug and Alcohol Action Teams. 3. Voluntary code of conduct Liaise with the local Pub Watch and agree with premises taking part in the bar crawl, and the bar crawl operator, a voluntary code of conduct. A good example is the Newquay Safe Code of Conduct which is included in this guide as a template. Newquay s licensed trade has agreed to only support bar crawls run by operators which have signed up to this Code of Conduct. It is advisable that you also include in your Code of Conduct the following points: A requirement that all bar crawl marshals are trained in administering first aid. A requirement that local transport providers be advised of the event in order to ensure effective dispersal of the crawl. That all participants carry some form of emergency contact details (ICE cards). That the organisers have a duty of care to a participant who becomes drunk. 3. The Licensing Act 2003 The new mandatory condition in the the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 defines an irresponsible drinks promotion as one of a number of listed activities that is: carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises 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. Enforcement agencies could choose to apply this definition to organised bar crawls. If they do, agencies will need to show that, on the balance of probabilities (not necessarily beyond reasonable doubt), this condition has been breached. Any breach of this condition would result in the commission of an offence under section 136 of the Licensing Act 2003 of carrying on an unauthorised activity. 8

At the initial discussion stage, this mandatory condition should be pointed out to the DPS/premises licence holder, and this discussion evidenced to negate any future due diligence defence. At the same time agencies could also make it clear that, if conditions are breached or the licensing objectives are undermined, they have the option of calling for a review. 5. Issuing a Closure Notice Where premises are failing to comply with an existing licensing condition(s), consideration should be given to the issuing of a Closure Notice under section 19 Criminal Justice and Police Act 2001, or closure applications/orders (section 20 of the Criminal Justice and Police Act 2001, and/or sections 160 or 161 of the Licensing Act 2003). 5. Expedited Review Where issues, including noise, arise at premises which clearly require immediate resolution then the police should make full use of the closure power available to them (section 161 of the Licensing Act 2003). 9

Use of the Licensing Act and Associated Powers This section highlights the legal powers that law enforcers have to deal with any potential bar crawl related issues. Good, proportionate, use by enforcement agencies of the tools and powers available to them will help to ensure that problems associated with premises that support bar crawls are tackled in a positive way. Public/Open Spaces Directions to Leave Section 27(2) Violent Crime Reduction Act 2006 A constable in uniform can now issue Directions to Individuals to leave a locality to persons aged between 10 and over; where, in the constable s judgement, the presence of the individual in the locality is likely to cause or contribute to the occurrence, repetition or continuance in that locality of alcohol-related crime or disorder. The constable may direct that s/he leave the area for up to 48 hours and attach conditions such as which route to take. It also allows the police to take the young person (aged 10 15 years) home or to a place of safety if they are issued with Directions to Leave and the police reasonably suspect that they are under 16. A person who fails to comply with a Direction is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale. Public place includes premises where a premises licence, or Temporary Event Notice is in force but not a private members club. Officers must comply with local instructions to ensure the requisite information is updated to the Direction to Leave database. Designated Public Place Orders Section 13 Criminal Justice and Police Act 2001 (amended by Section 155 Licensing Act 2003) In a designated area a Constable, PCSO or Designated Person may require a person who is, has been or intends to consume alcohol to: Not to consume alcohol in that place. To surrender alcohol in their possession. To have their alcohol disposed of by an Officer. Failure to surrender alcohol is an offence and carries a power of arrest under section 12 Criminal Justice and Police Act 2001. Premises Right of Entry to Licensed Premises Section 179 Licensing Act 2003 Where a Constable or an authorised person (which includes an officer of a licensing authority) has reason to believe that any premises are being, or are about to be, used for a licensable activity, he may enter the premises, using reasonable force, with a view to seeing if activities are in accordance with the authorisation. 10

Police should note that section 180 allows for them to enter, using reasonable force if necessary, and search any premises in respect of which they have reason to believe that an offence under the Licensing Act 2003 has been, is being or is about to be committed. Unauthorised Sales Closure Notice Section 19 Criminal Justice & Police Act 2001 A Police Constable or Officer of the Local Authority can issue a closure notice where any premises are being used or have been used within the last 24 hours for the sale of alcohol for consumption on or in the vicinity of the premises, where this activity is or was carried on without a licence or not in accordance with the conditions of their licence for the sale of alcohol. A section 19 notice (local form) must be given which informs the licence holder (or other person with control or responsibility) that if unauthorised sales continue or the licence conditions are not corrected, application may be made to the court for an order to close the premises. (If required the cancellation notice, sections 19 (7) to(9), should be served on the original recipient of the Notice). Should unauthorised sales continue you should consider section 20 Closure (see below). Alternatively if alcohol continues to be sold after a notice has been served the seller is committing a criminal offence under section 136 of the Act and can be arrested or reported for summons. Unauthorised Sales Closure Order Section 20 Criminal Justice & Police Act 2001 If the police or the Local Authority is not satisfied that the breach has been remedied following a Closure Notice, and if unauthorised sales are continuing, they may seek a Closure Order from the magistrates court. The application must be made not less than seven days, and not more than six months, after the Closure Notice was first served. The Closure Order may: physically close the premises to members of the public until a Constable or Local Authority terminates the order; and/or require that unauthorised alcohol sales be discontinued immediately; and/or require the defendant to pay a sum of money to the Court which will not be released until the other requirements of the order are met. Area Closure Order Section 160 Licensing Act 2003 Where there is, or expected to be disorder, a Police Superintendent may apply to a Magistrates Court for an order requiring one or all licensed premises and those with a temporary event notice at or nearby to be closed for up to 24 hours. A constable may use such force as is necessary for the purpose of closing licensed premises. There is no power to cancel such an order once issued. 11

Emergency Closure Order Licensing Act 2003 The powers allow police to enforce an instant closure for a maximum of 24 hours without a court application and will generally be used where immediate action is required to deal with unanticipated or imminent disorder or nuisance. Section 161 allows police inspector or above to make this decision. A compulsory closure order should only ever be used in the public interest and never as a penalty on the licence holder. It is good practice to seek voluntary closure before issuing a formal order. In any event, the police must apply as soon as reasonably practicable after making the Closure Order to have it considered by the magistrates court. Expedited Review Section 53A Licensing Act 2003 A Superintendent can bring about a Review within two working days if he is of the opinion that the premises in question, which are licensed to sell alcohol, are associated with serious crime and/or disorder. The definition of serious crime is the same as RIPA, i.e. person on first conviction likely to receive a custodial sentence of three years. Serious disorder is not defined; it is disorder which the Superintendent considers to be serious in the local context. The licensing authority must within 48 hours consider interim steps and can suspend licences pending a full review. Mandatory Licensing Conditions Order (2010) Irresponsible Promotions An irresponsible promotion is any one of the activities listed in the Order which encourage customers to drink in a way that could cause a significant risk of breaching one or more of the four licensing objectives. Any breaches of this condition can be treated in the same way as breaches of existing conditions, subject to the section 139 due diligence test. Police Closure Order for Noise Nuisance Section 161 Licensing Act 2003 Where a senior Police Officer is concerned about noise being emitted from a premises (including a Temporary Event Notice), its beer garden, courtyard or street terrace they should judge whether the noise is causing a nuisance. Such judgment will be subjective and the officer will need to bring their experience to bear. If the officer judges that the noise is causing a nuisance, and reasonably believes that the noise is causing a nuisance to the public, and has cause to believe that particular individuals in the vicinity are annoyed by the noise (e.g. phone complaints to the police or local authority noise team) then he may issue a section 161 Closure Order. Local Authority Closure Order for Noise Nuisance Section 40 Anti-Social Behaviour Act 2003 Where the local authority Chief Executive Officer (can be delegated) reasonably believes that a public nuisance is being caused by noise coming from a premises (including TEN), and closure of the premises is necessary to prevent the nuisance, then he can issue a Closure Order. 12

Individuals Simple Drunk Section 12 Licensing Act 1872 Where an individual is drunk in a public place, (whether a building or not, or on any licensed premises). Level 1 fine ( 200) or 50 Penalty Notice for Disorder (PND). Drunk and Disorderly Section 91 Criminal Justice Act 1967 Where an individual is drunk and disorderly in a public place (including licensed premises). Level 3 fine ( 1,000) or 80 PND. Allowing Disorderly Conduct on Licensed Premises Section 140 Licensing Act 2003 The holder of a premises licence, the DPS, or any person who works at the premises in a capacity which authorises them to prevent the conduct, commits an offence if they knowingly allow disorderly conduct on licensed premises. It is the failure to address the problem or call the police that give rise to the offence - often identified when an assault is subsequently reported. Proceedings can be against more than one person. Level 3 fine ( 1,000) or 80 PND. Sale, or Allowing the Sale of Alcohol to a Person Who is Drunk Section 141 Licensing Act 2003 The holder of a premises licence, the DPS, or any person who works at licensed premises in a capacity that gives him authority to sell alcohol commits an offence if they knowingly sell or attempt to sell alcohol, or allow it to be sold, to a person who is drunk whether for consumption on or off the premises. Proceedings can be against more than one person. Level 3 fine ( 1,000) or 80 PND. Obtaining Alcohol for a Person Who is Drunk Section 142 Licensing Act 2003 A person commits an offence if he knowingly obtains or attempts to obtain alcohol for a person who is drunk on a licensed premises where the alcohol is for consumption on the premises. Level 3 fine ( 1,000) or 80 PND. Failure of Person who is Drunk or Disorderly to Leave Licensed Premises on Request Section 143 Licensing Act 2003 A person who is drunk or disorderly commits an offence if, without reasonable excuse, they fail to leave a licensed premises when requested to do so by a constable, the holder of a premises licence, the DPS, or any 13

person who works at a licensed premises or they enter or attempts to enter relevant premises after a constable or the holder of a premises licence, the DPS, or any person who works at a licensed premises has requested them not to enter. Level 1 fine ( 200) or 80 PND. On being requested to do so by the holder of a premises licence, the DPS, or any person who works at licensed premises, a constable must (a) help to expel from relevant premises a person who is drunk or disorderly; and (b) help to prevent such a person from entering relevant premises. Where a person is not drunk or disorderly the officer is only required to prevent a breach of the peace. Violent Disorder Section 2 Public Order Act 1986 Three or more people engaged in serious disorder (not necessarily in co-operation with each other). An example might be three or more people fighting using weapons, or a fight between rival groups, which causes severe disruption and/or fear to the public. Where violent disorder occurs on a licensed premises an Expedited Review might be appropriate. On conviction on indictment: five years and/or unlimited fine. On summary conviction: six months and/or Level 5 fine ( 5,000). Affray Section 3 Public Order Act 1986 A person engaged in conduct, beyond the use of words, which is threatening and directed towards a person or party. Intention or awareness must be shown. An example might be a fight between two or more people in a public place (e.g. pub or club) where members of the public are present which puts them in substantial fear of their safety. Where affray occurs on a licensed premises an Expedited Review might be appropriate. On conviction on indictment: three years and/or unlimited fine. On summary conviction: six months and/or Level 5 fine ( 5,000). Fear or Provocation of Violence Section 4 Public Order Act 1986 Where a person uses threatening, abusive or insulting words or behaviour to another: with intent to cause that person to believe immediate unlawful violence will be used against them; or with intent to provoke the immediate use of unlawful violence by that person or another; or whereby that person is likely to believe that such violence will be used; or it is likely that such violence will be provoked. An example might be scuffles or incidents of violence or threats of violence committed in the context of a brawl in the vicinity of a licensed premises. On summary conviction: six months or Level 5 fine ( 5,000). 14

Intentional Harassment, Alarm or Distress Section 4A Public Order Act 1986 Where a person uses threatening, abusive or insulting words or behaviour or disorderly behaviour with intent to cause and thereby causing harassment, alarm or distress. On summary conviction: six months or Level 5 fine ( 5,000). Harassment, Alarm or Distress Section 5 Public Order Act 1986 Where a person uses threatening, abusive or insulting words or behaviour or disorderly behaviour, with intention or awareness, within hearing of a person likely to be caused harassment, alarm or distress. Whether behaviour can be categorised as disorderly is a question of fact. No violence, actual or threatened is needed and it includes conduct that is not necessarily threatening, abusive or insulting. An example might be rowdy behaviour in a street late at night which might alarm residents or passers-by, especially the vulnerable. Where the accused is drunk and has lost the power of self control section 91 Criminal Justice and Police Act 1967 should be preferred, otherwise a section 5 charge is appropriate. Level 3 fine ( 1,000). 15

Template BAR CRAWL/TOUR CODE OF CONDUCT 1. Written risk assessments and a copy of a 5 million public liability insurance certificate to be submitted to [LOCAL AUTHORITY NAME] and local police one month before commencement of operation. 2. Routes of the event and prohibited routes to be determined by the police. The event can only use [INSERT ROADS NAMES/STREETS/ACCEPTABLE LOCATIONS OR ROUTES]. The event cannot use [INSERT ROADS NAMES/STREETS that should not be used]. 3. The event should have one marshal for every 20 participants. 4. The movement of patrons in a public place or on the highway should be limited to a maximum of 50 people at any one time. Participating premises must not accept larger groups. 5. Marshals must be easily identifiable. 6. Marshals are not to drink any alcohol. 7. Nobody involved in the bar crawl is permitted to consume alcohol in a public place. 8. No sex games are to be played in public places or within the licensed premises, and there must be no nudity whatsoever during the event. 9. Event participants must not play games in any public space. 10. The event must not start before 8pm and cannot leave the meeting venue until after 8.45pm. All participants must reach the final event destination by 11.45pm. 11. Organisers must give all event participants a joint briefing to highlight: alcohol restriction zones; a zero tolerance approach to antisocial behaviour; the fact that drunken people must leave the bar crawl; and the requirement not to commit offences under sections 140, 141, 142 and 143 of the Licensing Act 2003. 12. Event participants must be easily identifiable to the police. 13. The event must only visit pre-arranged venues and all participants must buy event tickets in advance. 14. There must be no ticket sales in the town centre at any time of day in relation to the event. 15. The written permission of private landowners must be shown to the police or council upon request if trading from private premises. Any private premises where sales are made will be approached by the council and/or police to verify permission is given if no written consent supplied. Landowners and business rates will also be informed in case of any breach of tenancy and rates obligation. 16. The Challenge 25 ID scheme must be used throughout the event. The only acceptable forms of ID should be the PASS card, a passport or driver s licence. 17. There must be no selling of bar crawl tickets or entry to the event after 9pm on the night. With thanks to Newquay Safe for permission to base this template on their Code of Conduct. 16

Useful links For further information please visit the following websites: The Home Office website provides a practical guide for preventing and dealing with alcohol related problems: www.crimereduction.homeoffice.gov.uk/drugsalcohol/drugsalcohol Information for consumers and responsible drinking campaigns can be found at: www.drinkaware.co.uk Pocket size guides on licensing powers for licensing officers and frontline staff are available for download on: www.crimereduction.homeoffice.gov.uk/drugsalcohol/drugsalcohol104.htm Information for Students Unions can be found at: www.nusconnect.org.uk For additional guidance go to the Local Government Regulation website: www.lacors.gov.uk For health advice visit the NHS website: www.nhs.uk/livewell/alcohol/pages/alcoholhome.aspx 17

Endnotes 1 Quigg, Zara, Hughes, Karen and Bellis, Mark. A, (2011) Pub crawl: alcohol use among students attending organised drinking events. Liverpool: Liverpool John Moore University. 2 Weekly limits: 21 units for males, 14 units for females. 18

National Union of Students 4th floor, 184 192 Drummond Street London NW1 3HP t. 020 7380 6600 f. 020 7380 6690 w. www.nus.org.uk