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The Publican at the Black Horse in Biggin Hill was stripped of his licence last year following a drugs raid where four customers were arrested for possession of cocaine. Following a full review he was allowed to keep his licence but subject to conditions that he installs CCTV, removes all horizontal surfaces from the toilets and works with the police to enforce a robust drugs policy.

Drugs have long been associated with music and clubs. Increasingly they are also being used and dealt in pubs. It is important that licensees and their staff are aware of the potential problem with drugs and the resulting damage to the reputation of the premises and, crucially, the licence if a drug problem is not tackled. The case above emphasises the importance of not sweeping the issue under the carpet.

A problem for the licensee
Failing to tackle a drug problem in your pub could lead to a criminal conviction and loss of your premises licence, to say nothing of the damage to the brand. Under the Misuse of Drugs Act 1971 if the manager of a premises knowingly permits or suffers the production or supply of drugs or the smoking of cannabis on his premises then he is liable to criminal prosecution. The maximum penalty depends on the Class of drug involved, e.g. permitting the supply of cocaine on your premises could result in up to 14 years in prison and/or a fine and ketamine up to 5 years and/or a fine. If customers are found using drugs it will almost certainly also result in a licence review.

Tackling the problem
The police appreciate what a difficult issue drugs are for publicans and club owners and will work with them to prevent drug use in pubs. You will be in a better position to defend yourself and your licence if you can show that you are taking the initiative and trying to tackle the problem. The police will take a very dim view of a premises which "turns a blind eye".

To be proactive in the fight against drugs in pubs you should consider the following:

Liaise with police - In some areas police are taking a very pro-active approach to tackling drugs in pubs and are running workshops and seminars to assist. In some instances the police will swab areas in local pubs and produce a report for the licence holder showing where drugs have been used on the premises. They will also teach licence holders how to swab and monitor results. Contact your local police to find out more.

Door Supervisors - Where finances permit, a good and well trusted team of door supervisors is crucial in preventing drug dealing on your premises. In order for searches to be carried out on entry to the premises this fact should be clearly advertised. Searches can only be carried out with an individual's consent although entry can be denied to those who refuse to consent.

Keep premises clean - the most effective way of making your premises unattractive to drug dealers and users is to regularly clear glasses, wipe surfaces and to generally be very visible as management. This shows that you are committed to high service standards and are unlikely to tolerate illegal activity.

CCTV - CCTV can be used and does provide a deterrent when a record of all of those who have entered the premises is kept. It can be used to cover secluded areas which may be used by drug dealers. If you use CCTV you must comply with the Data Protection and SIA licensing conditions - See our previous article CCTV - Customer Security or Big Brother for further details.

Toilet Supervision - It is important that toilets are supervised if drug taking or dealing has been taking place there. This will discourage crowds from congregating in the toilet area and remove this as the obvious area to deal drugs.

Drugs Policy - It is not a legal requirement to have a drugs policy however, as an operator, if you do it will demonstrate that you are committed to tackling drugs in your premises and to operating within the law. When drafting the policy you will be forced to consider issues relevant to your premises and how you and your staff can address these. Staff should be trained in how to implement the policy, such as how to be vigilant in spotting the signs of drug taking or dealing. The Policy should include a procedure for logging all suspicions of drug dealing or taking and a procedure for the secure keeping of any drugs found and their handover to police. Any search policy will need to be advertised to customers. It is important to discuss your drugs policy with your local Police and to include in the document when the Police should and expect to be called. See Safer Nightlife (below) Chapter 6 for guidance on drawing up a drugs policy.

Staff Training - staff will need to trained to look for the signs of drug use such as white powder on flat surfaces and torn up beer mats. The BBPA guide (See below) includes many useful examples of the signs to look out for.

Conclusion
If you are proactive in the fight against drugs in your pub estate you will hopefully be able to discourage users and dealers from using your premises. If a problem does arise you will be in the best position to spot an tackle it. If you have established a good relationship with your local police they are likely to be able to assist you by arranging raids with sniffer dogs when you ask them too.

Further Guidance
The Home Office have published a useful publication called Safer Nightlife - Best Practice for those concerned about drug use in the night-time economy. Read the publication here

The BBPA have also published guidance entitled Drugs and Pubs. Read the guidance here

Click here to view our dedicated licensing page.

Click here to read: Be proactive in legal highs protect your licence

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Be proactive in the policing of drugs in your pubs

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The Publican at the Black Horse in Biggin Hill was stripped of his licence last year following a drugs raid where four customers were arrested for possession of cocaine. Following a full review he was allowed to keep his licence but subject to conditions that he installs CCTV, removes all horizontal surfaces from the toilets and works with the police to enforce a robust drugs policy.

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Consumer Rights Act 2015/ Sale and Supply of Goods Act 1994:

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Consumer Rights Act 2015/ Sale and Supply of Goods Act 1994:

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The Consumer Rights Act comes fully into effect today (1 October 2015). The legislation introduces new consumer rights and remedies when purchasing digital content (such as video games and digital music), as well as building upon what constitutes an unfair contract term when dealing with consumers. It also replaces the existing legislation under the Sale of Goods Act and Supply of Goods and Services Act, to the extent of dealing with consumers for the sale of goods and supply of services.

A consumer for the purposes of the new legislation is defined as "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession".

This summary looks at how the supply of goods, services and digital content to consumers is now governed and considers the unfair contract terms section of the legislation. If you need any advice on any of the elements below please contact one of our commercial solicitors.

Goods

Like the implied terms that existed under the Sales of Goods Act, goods must be of a certain standard. Under the Consumer Rights Act, all goods supplied under a consumer contract should:

be of satisfactory quality;

be fit for purpose;

match the description, sample or model; and

be installed correctly (if part of the contract).

What rights does a consumer have to return the goods?

initial rights to reject the goods - an automatic 30 day period to return the goods if they do not meet the implied terms unless the expected life of the goods is shorter than 30 days.This right entitles the consumer to a 100% refund.

repair or replacement - If the 30-day period has lapsed or during that time, the consumer chooses not to exercise their right to reject goods, they will be entitled in the first instance to claim a repair or replacement. This remedy will be deemed a failure if, after one attempt at repair or replacement, the goods still do not meet the necessary requirements.

price reduction and final right to reject - If repair or replacement is unavailable or unsuccessful to the consumer, then they can claim a price reduction or a final right to reject the goods. The reduction or refund can be up to 100% of the product value.

Significant exclusions

Consumer rights are subject to the following exclusions:

before contract, where defects are brought to consumer's attention, or if the consumer examines the goods and any defects should have been obvious;

where a consumer changes his mind about wanting the goods;

if the product was used for a purpose that is neither obvious nor made known to the trader; or

where faults have appeared as a result of fair wear and tear (only applicable 6 months after the goods are provided to the consumer).

Services

Like the implied terms that exist currently under Supply of Goods and Services Act, the services must be performed to a certain standard. Under the Consumer Rights Act, all services supplied under a consumer contract should:

carried out with reasonable care and skill;

completed for a reasonable price (where no price is specified, i.e. hourly rates);

completed within a reasonable time (where no timescale is provided); and

completed in accordance with any information said or conveyed in writing to the consumer where the consumer relies on it (intended to include quotations, assurances regarding timescales and information provided pre-contract to the customer which induces them to purchase services from the trader). This is in addition to any rights that may arise as a result of a misrepresentation.

What rights does a consumer have when services do not comply?

repeat performance of the services - when provider fails to exercise reasonable care and skill or where requirement arising from information they gave about service is breached. Cannot be used where it would be impossible to finish providing service to the required standard.

reduction of price - A price reduction can also be claimed where the service is not provided within a reasonable time; or the supplier breaches the terms given to consumers, whether orally or in writing regarding the standards of service. Can be up to 100% of agreed price.

appointment of new supplier. Only in circumstances where getting the original supplier to do the work is impracticable or unreasonable, the consumer may have a claim for remedial work by another supplier.

Significant exclusions

Consumer rights are subject to the following exclusions:

where unless agreed to the contrary, it does not achieve the consumer's desired outcome (provided trader uses reasonable care and skill);

where it is the consumer who is responsible for things going wrong (supplier should always make notes of instructions);

where damage is caused by the consumer.

where the consumer simply changes their mind ; or

where faults have appeared as a result of fair wear and tear.

Consumers have additional rights where contracts are subject to Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, for example under a distance/off-premises contract. These are outside of the scope of this summary.
Digital content

The Consumer Rights Act definition of digital content is: "data which [is] produced and supplied in digital form.

Any physical media that hosts digital content (such as a CD or Blu-ray) carrying faulty content is still subject to the Consumer Rights Act relating to goods, but content on that item will be governed by the digital content provisions of the Consumer Rights Act.

Under the Consumer Rights Act, digital content must be:

of satisfactory quality (taking into account description of the content, the price paid and other circumstances such as labelling and advertising);

fit for a particular purpose; and

as described (including system requirements and another other information given to the original digital content). Upgrades can add to this description.

Most computer operating systems or games have minor bugs that are corrected over time with patches or upgrades and this will be tested objectively as what is "reasonable" to be deemed acceptable in the context of satisfactory quality.

Significant exclusions

Consumer rights are subject to the following exclusions:

the consumer's attention was drawn to an unsatisfactory aspect of the digital content before a contract was made (for example if a game is in beta testing where bugs are typically accepted as part of the game);

where the consumer examines the digital content before the contract is made and that examination ought to reveal the unsatisfactory aspect; or

where a trial version is examined by the consumer before the contract is made and a reasonable examination of the trial product ought to make the unsatisfactory aspect apparent (for example, watermarks on files produced by the product).

Remedies under the Consumer Rights Act for defective digital content

repair or replacement - the consumer does not have choice of repair or replacement if it is either impossible to do so or disproportionate compared to another available remedy. If content is defective within six months of its supply, it is to be taken as being defective on the day it was supplied.

price reduction - only triggered if the remedy of repair/replacement is not possible or where it has been requested and not provided within a reasonable time. The remedy may be up to the full cost of the digital content.

Other remedies

The following remedies can be claimed either in addition to, or instead of the remedies above:

a claim for damages;

forcing the supplier to perform the contract;

a full refund; or

not to pay for the product.

Note: a consumer can never recover the same loss twice.
"Free" content

The Consumer Rights Act enables a consumer to be able to rely on the remedies provided for faulty or damaging 'free' digital content. For the consumer to be able to do this the digital content must be supplied under a contract where the consumer has to pay for goods, services or other digital content - computer magazines, for example, typically provide a 'free' CD with various software included with the magazine.

Damage to devices

Where digital content that content causes damage to a device or to other digital content (such as corrupting files), that device or content belongs to the customer and the damage is a kind of which would not have occurred if the supplier had exercised reasonable skill, then one of the following remedies will be available to the consumer:

repair of the damage, which must be done within a reasonable time, without significant inconvenience and without cost to the consumer; or

payment of compensation, which must be given without undue delay, and in any event within 14 days of the trader agreeing to pay the compensation. The trader cannot charge the consumer a fee for this.

Unfair terms

The Consumer Rights Act seeks to replace and add to the current rules on unfair terms in consumer contracts under Unfair Contracts Terms Act 1977 ("UCTA") and Unfair Terms in Consumer Contracts Regulations 1999 ("UTCCR") in respect of consumer contracts. An unfair term of a consumer contract is not binding on the consumer, and the assessment of whether a term is unfair will continue to be based on whether the term under scrutiny causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of the consumer.

Whether a term is fair (or unfair) is to be determined by taking into account:

1. the nature of the subject matter of the contract (i.e. the circumstances of the contract);

2. reference to all the circumstances existing when the term was agreed; and

3. to all of the other terms of the contract or of any other contract on which it depends.

The Consumer Rights Act will apply to consumer notices (whether contractual/non-contractual, oral or written) as well as consumer contracts in the typical form.

What constitutes fairness?

In deciding whether a term in a contract is fair or fair, the term in question will be subject to a "fairness test". The fairness test will be used to decide whether a particular term (or terms) is fair or unfair however, in respect of terms relating to contract price and/or subject matter itself, the fairness test will only be considered in respect of the to the extent that such terms are not "transparent and prominent", for example, if they were hidden away in small print.

This ensures that the Consumer Rights Act is not a tool for challenging the price or the essence of a contract.

In addition to the terms above, under the Unfair Terms in Consumer Contracts Regulations , there is currently a list of terms which may be regarded as unfair; known as a "grey list". A term being listed on the "grey list" means that it is assessable for fairness even if the term is "transparent" and/or "prominent".

In addition to the existing grey list terms, the Consumer Rights Act will add three additional terms to the grey list:

a term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the trader a disproportionately high sum in compensation or for services which have not been supplied. (including a "termination fee" for cancellation of a contract);

a term which has the object or effect of permitting the trader to determine the characteristics of the subject matter of the contract after the consumer has become bound by it; and

a term which has the object or effect of giving the trader the discretion to decide the price payable under the contract after the consumer has become bound by it, where no price or method of determining the price is agreed when the consumer becomes bound.

Restrictions on excluding liability

Although the Consumer Rights Act is not intended to prevent businesses from limiting liability in their entirety, businesses looking to include in their terms and conditions limitations should note the following:

it is not possible to exclude or limit the application of the remedies for faulty goods and digital content (such as right to repair or replacement) that are implied into all consumer contracts under the Consumer Rights Act;

the implied term that the services will be provided with reasonable skill and care cannot be excluded or limited for the reasons above; and

whilst it is possible to limit liability for supply of services in respect of price and time for performance (provided that such a limit will not prevent the consumer from being able to recover the full contract price), any other limitations in respect of service performance would be subject to a test of fairness.

About the author

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Summary Guide to the Consumer Rights Act 2015

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The Consumer Rights Act comes fully into effect today (1 October 2015). The legislation introduces new consumer rights and remedies when purchasing digital content (such as video games and digital music), as well as building upon what constitutes an unfair contract term when dealing with consumers.

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Equality Act 2010 and Protected Characteristics.

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Equality Act 2010 and Protected Characteristics.

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Information and guidance on the Equality Act 2010, including age discrimination and the Public Sector Equality Duty.

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The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government.

The Data Protection Act 2018 is the UK's implementation of the General Data Protection Regulation (GDPR).

Everyone responsible for using personal data has to follow strict rules called 'data protection principles'. They must make sure the information is:

used fairly, lawfully and transparently

used for specified, explicit purposes

used in a way that is adequate, relevant and limited to only what is necessary

accurate and, where necessary, kept up to date

kept for no longer than is necessary

handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage

There is stronger legal protection for more sensitive information, such as:

race

ethnic background

political opinions

religious beliefs

trade union membership

genetics

biometrics (where used for identification)

health

sex life or orientation

There are separate safeguards for personal data relating to criminal convictions and offences.

Your rights

Under the Data Protection Act 2018, you have the right to find out what information the government and other organisations store about you. These include the right to:

be informed about how your data is being used

access personal data

have incorrect data updated

have data erased

stop or restrict the processing of your data

data portability (allowing you to get and reuse your data for different services)

object to how your data is processed in certain circumstances

You also have rights when an organisation is using your personal data for:

automated decision-making processes (without human involvement)

profiling, for example to predict your behaviour or interests

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The Data Protection Act (DPA) controls how personal information can be used and your rights to ask for information about yourself

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Price Marking (Food and Drink Services) Order 2003:

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Price Marking (Food and Drink Services) Order 2003:

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An Act to make provision for the prohibition of smoking in certain premises, places and vehicles and for amending the minimum age of persons to whom tobacco may be sold; to make provision in relation to the prevention and control of health care associated infections; to make provision in relation

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Weights and measures - find out the law on trading standards for packaging and selling products

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Disclaimer: Whilst every effort has been made to ensure the accuracy of the information contained in the Pink Book of Legislation, we regret that we cannot be responsible for any errors. This guide is not intended to be a definitive statement of the law in England. If you require precise or detailed information on the legislation mentioned in this guide, or on the legal implications for you in particular, you should consult a professional legal adviser.
Key facts

If you wish to sell alcoholic drinks you will need a licence.

There are two types of licence: premises licences and personal licences.

It is illegal to buy alcohol from a wholesaler that is not registered.

Does the legislation apply to me?

If you wish to sell alcoholic drinks you will need an alcohol licence. It is an offence to sell intoxicating liquor without one.

Providing "free" alcohol to guests

You need a licence to sell alcohol - this includes providing 'free' alcohol, because it is an incentive to purchase and/or is included in your pricing structure. The fact that you charge the guest for staying in your accommodation means that they are essentially paying for the alcohol that is provided. In other words, the guest has effectively paid a "consideration" for that service. It is not free.

Note: the Government is currently in the process of introducing Community and Ancillary Sales Notices (CANs), which will allow accommodation businesses to sell small amounts of alcohol for a nominal fee. These are expected to be introduced in 2017.

The Licensing Act 2003

The Licensing Act 2003 rationalised the previous various licensing systems (in England and Wales) to produce a simpler system that is easier for all involved to understand.

Local authorities are required to consult on their statement of licensing policy every three years. Before applying for a licence, it is therefore important for you to read this policy. This will enable you to tailor your application to the local authority's policy and thereby reduce the risk of your application being rejected.

Administration and enforcement

Administration and enforcement of the Licensing Act lies with local authorities (and other agencies where appropriate), e.g. fire safety, police, licensing officers, and environmental health. Each local authority has a licensing committee of between 10-15 locally-elected councillors who decide on licensing applications.

In practice, their responsibilities are devolved to a licensing manager and staff who deal with the administrative functions. All contested applications will be heard before a sub-committee of at least three members of that committee.

Licensing objectives

There are four principles which underpin the Licensing Act and impact on everyone. These are:

the prevention of crime and disorder

public safety

the prevention of public nuisance

the protection of children from harm (including sexual exploitation).

These principles are the key elements to be addressed by applicants, local authorities, police and other statutory authorities, and objectors to your licence.

Licensable activities

Activities regulated by the Licensing Act 2003 fall into one of the following four categories:

the sale of alcohol

the supply of alcohol by or on behalf of a club

provision of regulated entertainment

provision of late night refreshments.

The activities which accommodation providers should be familiar with are as follows:

Provision of regulated entertainment

Regulated entertainment includes many of the activities offered for the benefit of your guests and customers in, for example, public houses, hotels, guesthouses or club rooms at caravan parks, including:

dancing either as a show for customers or as an activity for them to take part in

films (defined as any showing of moving pictures) not being shown in a community premises

all indoor sporting events (physical skills must be a factor)

music - the public playing of recorded music (e.g. DJs) as an accompaniment to dancing. (See Live Music Act 2012 below)

Provision of late night refreshment

Provision of late night refreshment covers the supply of hot food or drinks from premises for consumption on or off premises between 11pm and 5am. This aspect is mainly focused on late-night takeaway premises, so an exception is made for the provision of refreshments by hotels, guesthouses, hostels and caravan sites.

If, however, you have a restaurant which serves hot food and drinks to members of the public after 11pm you will need to nominate this as one of your licensable activities. Should you have any doubts about what should be included as licensable activities, your local licensing authority will be able to give advice.

Types of licences

There are two licences.

Premises licences: required for any premises that offer any of the licensable activities previously described.

Personal licence: a separate, portable system of personal licences that provides authority to sell alcohol. Personal licences are valid indefinitely and do not need to be renewed. A designated premises supervisor, who must be a personal licence holder, must be nominated for any premises where the licence includes permission to sell alcohol. In order to obtain a personal licence the applicant must be:

possess an accredited licensing qualification

not have forfeited a personal licence within five years of the application and

not have been convicted of any relevant offence.

To sell alcohol on your premises, you are required to have a premises licence and for at least one person to have a personal licence. That person does not have to be present on the premises to oversee the sale of alcohol, but is responsible for any sales made by other members of your staff.

Temporary Event Notices (TENs)

A Temporary Event Notice (TEN) is a licence to hold one-off licensable activities in an unlicensed premises. You are limited to a maximum of five per year if you do not hold a personal licence and 50 if you do. No more than 15 TENs can be given in respect of any particular premises in any calendar year and each event covered by a TEN can only last up to 96 hours (to a maximum of 15 days per year in aggregate) and can only be attended by a maximum of 499 people. There must also be a minimum of 24 hours between events.

The Alcohol Licensing section of the Gov.uk website offers information related to the Licensing Act and the application process.

Applying for a premises licence

Your application must embrace the four licensing objectives and you will need to assess any risks associated with each activity you propose to offer.

Advice can be obtained from the relevant statutory authority to achieve this, e.g., a fire safety officer in respect of means of escape under the public safety objective. The police may require CCTV or door supervisors (usually for premises which stay open until the early hours) under the prevention of crime and disorder objective. Environmental health officers may offer advice on noise arising from any associated music under the prevention of public nuisance objective.

All statutory authorities and your neighbours/local businesses must also confine themselves to the four licensing objectives if they make any representation or objections.

Application process

Applications are made to the local licensing authority where the premises are located. The forms will be available from the local authority's website and can be downloaded for completion together with guidance notes.

While the forms are relatively straightforward, you may wish to engage the services of a specialist licensing solicitor or consultant to assist you. The application can be made by anyone who undertakes, or proposes to undertake, any business involving licensable activities. It includes limited companies or partnerships. If the application is made by an individual, that person must be at least 18 years of age.

You can apply for any of the licensable activities which are applicable to your business. Be mindful, however, that you also have to serve a copy to the following statutory authorities:

the Chief Officer of Police

the body recognised as responsible for the protection of children

Trading Standards officers

local planning authority

environmental health authority

health and safety authority

fire and rescue authority.

They will all wish to see that your premises and the activities you ask for are compatible.

For details of the responsible authorities in our area, contact your local licensing team. Details may also be available on your local authority's website.

Consultation

You are required to consult with your neighbours and local businesses in the area when seeking to gain a licence or to vary an existing licence. This can be done by placing an advert in a local newspaper, setting out the brief details of your application and displaying a notice on your premises advertising details to passers-by. The guidance notes will give advice on these procedures.

The consultation process lasts for 28 days commencing on the day you submit the application to the local authority. Copies to the other statutory authorities (mentioned above) must be served at the same time.

Providing there are no objections or representations that have not been resolved, the licensing authority will automatically issue your premises licence without you having to attend any meeting. Should there be any representations or objections which cannot be resolved by negotiation, the licensing authority will hold a hearing within 20 working days (from the end of the consultation period) to determine the application.

Fees

There are two sets of fees when applying for a premises licence. Both are based on rating bands and whether the primary or main purpose of the premises is to sell alcohol.

Once issued, the licence effectively lasts for as long as your business operates. The licence can be transferred from one licence holder to another. Again, the forms and guidance notes can be accessed on the local authority's website.

Variations to licences

Once a licence has been granted, licensees are required to operate within the conditions of the licence. If you would like a minor variation to these conditions, a simplified application process exists for this purpose. This process can only be used for variations that could have no adverse impact on any of the four licensing objectives.

For example, a Minor Variation Application could not be used in the following situations:

to extend the period for which the licence or certificate has effect.

to transfer the licence to other premises.

to specify, in a premises licence, an individual as the premises supervisor.

to add the sale by retail or supply of alcohol as an activity.

to authorise the sale of alcohol at any time between 11pm and 7am.

to authorise an increase in the amount of time on any day during which alcohol may be sold.

The cost of applying for a Minor Variation Application has been set at £89 and the maximum time that licensing authorities are able to take to process the application has been set at 15 days. Unlike a major variation to a licence, there is also no requirement to advertise or make other "responsible authorities", such as the police, aware of your intention to seek a minor variation.

Mandatory Code for the sale of alcohol

In addition to the Provisions of the Licensing Act, if you sell alcohol you are also required to comply with a Mandatory Code. This code:

bans businesses from undertaking irresponsible promotions that encourage people to drink quickly or to drink more than they otherwise would. Examples include 'all you can drink for £10' or 'free drinks when a football team scores'

ban drinks being poured directly into customers' mouths, i.e. 'dentist's chairs'

requires operators to supply free tap water to customers

requires businesses that sell alcohol have an age-verification policy in place, and to check the ID of anyone who looks under 18

requires businesses to sell alcohol in small measures (a half pint for beer and cider, 25ml or 35ml for spirits and 125ml for wine) as well as larger measures

bans the sale of alcohol below the "permitted price", which is defined as alcohol duty plus VAT. The Home Office has produced guidance for businesses on how to calculate the cost of duty and VAT for a range of products.

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Disclaimer: Whilst every effort has been made to ensure the accuracy of the information contained in the Pink Book of Legislation, we regret that we cannot be responsible for any errors. This guide is not intended to be a definitive statement of the law in England.