Shop used as bar

[legallystressed]

I wonder if anyone can help me. Near to where I live, a shop has been opened as a gents barbers but they regularly have gangs of men congregating in there drinking alcohol. This shop is open to the general public including children. My question is are there any laws to stop this? Would the shop be regarded as a private property/residence if it is open to the general public? Any help would be greatly appreciated and pointers to any relevant legislation/law would be wonderful.

[wales01man]

Re: Shop used as bar

Do they sell the alcohol or do the men bring in there own

[legallystressed]

Re: Shop used as bar

They take their own

[wales01man]

Re: Shop used as bar

Don't need a licence for that but you can check with the local licencing officer police or Council and report your concerns.

[des8]

Re: Shop used as bar

You say the men only bring their own drinks and you are not suggesting alcohol is supplied on the premises, so it seems no licencing laws are being breached.

Do the men (whom you describe emotively as being "gangs") cause any problems?
Are they in any way acting anti socially? Are they threatening?
Is it in an area where drinking in public is banned?
How often do they meet?
How many meet at anyone time?

Presumably you have seen children there together with the drinkers. Were they the children of some of those present?
Do you think the children were in some way at risk, if so why?

I doubt a complaint about them just because they meet for a self supplied drink where children may be present will produce much action.

[legallystressed]

Re: Shop used as bar

Hi, in the local residents opinion, they are being anti-social. Our residents group want it stopped as our high street is quickly changing from a shopping area with a variety of shops to a mile long row of barbers/drinking places. It is true that they are not breaching licensing laws but it is very intimidating walking down that road being jeered at by drunken men. As for the children. We fear that to be in an environment where alcohol and sharps are is not a safe environment. When I say gangs of men, I mean at least 8 or more in a small shop. These shops can stay open 24/7 if they choose too. The council say they are a private residence so can't touch them but I wondered if there were any laws to tackle this as we have had many many complaints from local residents

[wales01man]

Re: Shop used as bar

If you are all so concerned seek advice from a local solicitor its not a licencing issue if they don't sell it and it seems the council don't want to know

[des8]

Re: Shop used as bar

have you tried making a complaint to the police under the Anti-social, crime and policing act 2014?

[legallystressed]

Re: Shop used as bar

The action we can take seems to hinge on whether the premises would be viewed as private or public. In our view, it should be public as it is open to the general public, the shop is not closed with the shutters down so anybody can walk passed and see them all in there drinking & watching sport on the tv however, it's what the law would view the premises to be that counts and that's what I'm trying to find out

[des8]

Re: Shop used as bar

"it is very intimidating walking down that road being jeered at by drunken men"

Anti social behaviour is legally defined as acting in a manner causing or likely to cause harassment, alarm or distress to one or more persons not of the same household. Anti social behaviour can include such things as abusive language, & drunken behaviour in the streets.
I would suggest it matters not if the premises are public or private, if the drinkers are emerging onto the street and being abusive it is anti social.
Report it to the police and possibly have your local cop (if there is one) keep his eye on the place.

Regarding the designation of a privately owned shop, IMO it is a public space.
To back this viewpoint look at the anti smoking laws. Also if you are charged with a motoring offence which occurs whilst driving in a private car park which is open to the public (supermarkets), a plea of not guilty as it was on private land will not be successful.