Alcohol Disorder Zones
Alcohol Disorder Zones (ADZs) are a measure brought in by Government to provide a means of redress if an area is suffering from a particular problem with alcohol fuelled disorder. ADZs are described by Government as a ‘measure of last resort.’
The concept is based on the principle of “polluter pays” whereby the premises that sell alcohol are deemed responsible for the problems that are taking place in an area so they should pay for them to be addressed. There are a number of steps in the setting up of an ADZ, but ultimately an ADZ means a compulsory charge imposed on businesses that sell alcohol in the area designated, the money collected is then used to tackle alcohol related disorder.
How does an ADZ come into force?
A decision to start an ADZ process is made by Police and the Local Authorities together. They will issue a notice of proposal to designate an alcohol disorder zone. This will be published in the local press and mailed to all affected businesses. Amongst other things the notice will set out the boundaries of the zone.
There will be a period of 28 days consultation on the proposal, all local people and affected businesses would be invited to make comment on the proposal within this period.
After the consultation period, the Local Authority and Police will publish an Action Plan. This plan will set out measures those businesses in the area can undertake on a voluntary basis so as to tackle alcohol disorder and avoid the need for compulsory charging.
Once published the Action Plan is given eight weeks to work. If the Local Authority and Police believe that businesses are not complying with the action plan then they can, by order, impose the compulsory ADZ.
How long does an ADZ last?
An ADZ has to be reviewed and if necessary renewed every three months. The review is carried out by the local authority. They can decide to revoke, renew or change the measures undertaken.
What sort of things can be done under an ADZ?
There are very strict rules in place for what can and can’t be done under a compulsory ADZ; however, the rules are very loose over what can be done under an Action Plan.
Under a compulsory ADZ measures that can be charged include the administration and review of the ADZ, as well as visits or other interventions at the premises by:
o Police
o Trading Standards Officer
o Environmental Health Officer
o Local Authority Licensing Officer
Under an Action Plan:
• Taxi Marshalls
• Private security patrols
• Clean up services
• Drop in and triage centres
• Street furniture improvements
It is up to each area in the course of the process to identify needs and develop solutions.
Fees and Charges
Some businesses are exempted from the charge altogether and others qualify for discounts, however the total amount required is set by the Police and Local Authority and it is based on services that the premises will actually receive.
Does my business qualify for an exemption?
To be exempt you have to fulfil both the criteria summarised below:
1. the principal use of the premises is not the sale of alcohol (it is safe to assume that almost all convenience stores qualify for this)
2. the main reason customers come to that premises is to buy or consume alcohol – therefore if a shop is a generalist during the day but till receipts show that the shop only sells alcohol in the evenings then it is NOT exempt.
Local Authorities administering the charge are likely to assume that every alcohol retailer in the area is NOT exempt and it will be incumbent on the retailer to prove that they are exempt, probably in writing providing transaction evidence to show that their sales are never dominated by alcohol sales. However there is no case-law and therefore no legal clarity on how disputes on this point would be resolved.
Does my business qualify for a discount?
1. If you sell alcohol but are not open during the period in which the alcohol disorder zone is applied you qualify for a 100% discount
2. you can qualify for a discount of up to 100% if the local authorities deem that you have implemented in whole or in part the steps required in the Action Plan
3. if you hold an accreditation such as ‘Best Bar None’ you can qualify for a discount up to 100%
How will the charge be calculated?
A local authority will calculate the total cost of the alcohol disorder zone charges and then allocate that total charge taking into consideration any premises qualifying for discounts and the level of those discounts.
The allocation will be based on a scoring system that will weigh the following factors:
a. the rateable value of the premise
b. the opening hours of the premise during the ADZ period
c. the amount of premise specific intervention required
It is likely that the local authority will create score bands, so any premise with a score in the band will pay the same contribution.
What If I don’t pay?
If an ADZ is in place and you are not exempt you will receive an invoice from the local authority. Failure to pay the invoice is likely to result in the suspension of the premise licence.
A suspension would be made a hearing of the Council, where a premise licence holder can make their case. Any decision is appealable to the Magistrates Court.
Action Plans
There are no rules on the allocation of charges under an action plan, these are a matter for voluntary agreement by local businesses. Therefore exemptions and discounts do not necessarily apply in the same way. It is also possible for moneys required under an Action Plan to be greater than under a compulsory charge system, not least because an Action Plan can designate more things to be done.
However the Action Plan is developed by the local authority and if premises do not abide by it then they face compulsory charging.
The Statutory Instrument (SI) bringing into force ADZ was laid before Parliament on the 21st November 2007. Since it was not opposed within 40 days, it is now in law.
The Home Office published Guidance on ADZ on 30th November 2007. A copy of the Guidance can be found here:
http://police.homeoffice.gov.uk/news-and-publications/publication/operational-policing/Alcohol_disorder_zones_guid1.pdf?view=Binary