The Home Affairs Minister says her department has raised the issue of businesses promoting Bring Your Own Booze (BYOB).

Those premises operating a BYOB policy do not normally have to hold an alcohol licence and are not subject to the same scrutiny under the Liquor Licensing and Public Entertainments Act 2021.

But concerns have been raised over how responsible drinking is policed in such premises and whether a trained person should always be on site when alcohol is consumed.

The issues has been raised by Glenfaba and Peel MHK Kate Lord-Brennan who, in a written Tynwald question asked Minister for Justice and Home Affairs Jane Poole-Wilson whether premises promoting BYOB are beyond the scope of the licensing regime in general and the specific requirement for a designated official. She also asked what the purpose is of that regime and that requirement.

Mrs Poole-Wilson said: ‘Premises operating on a BYOB basis, where alcohol is not sold or supplied by the premises, currently fall outside the scope of the Liquor Licensing and Public Entertainments Act 2021.

‘The licensing regulations/legislation are directed at the sale and supply of alcohol and so do not cover circumstances where a customer would bring their own alcohol.

‘Such premises would not usually be required to hold an alcohol licence and the requirements (including penalties, training and adherence to the Licensing Code of Practice) that ordinarily apply to licensed premises in relation to Responsible Persons would not apply.’

Mrs Poole-Wilson explained that the regulations in place are there to ‘support the responsible sale and supply of alcohol in a way that is compliant with the licensing objectives’.

She confirmed that the issues around BYOB have been raised recently by her department.

She said: ‘The Department has recently raised the issue of the operational implications of BYOB schemes at the Isle of Man Licensing Forum.

‘The Licensing Forum is an established mechanism that brings together representatives of the department, the Isle of Man Constabulary Central Alcohol Unit and representatives of the licensed hospitality and public entertainments sectors to discuss and advise on matters affecting the operation of the licensing framework.

‘The Forum is also a statutory consultee for any changes to licensing regulations or orders.’

In previous consultation, those operating a BYOB model argued the customer who bought the booze should accept the responsibility of its safe and social consumption and insisted it is not fair to impose training costs on BYOB businesses when they don’t benefit from the sale.

However, concerns were raised that BYOB premises did not face the same scrutiny as licence holders despite the same issues of intoxication can occur. Some argued training and strict guidelines should be imposed with regard to BYOB and they should have full knowledge of licensing rules and regulations.

Mrs Poole-Wilson said: ‘Individuals or businesses who wish to raise concerns are encouraged to contact their relevant Licensing Forum representative, or to contact the department directly so the issue can be considered alongside wider sector feedback.

‘In conjunction with the forum, the department will consider the issue, including, if appropriate, what options may be available and what further work would be required.’