Floored by door licences

QCan you help me to understand the regulations on door staff? According to the Security Industry Authority (SIA), all persons working as door supervisors have to hold a new licence. But information put out by the Department for Culture, Media and Sport (DCMS) says that licensed staff will be required only if it is made a condition of the new premises licence. Will I not be in breach of employment laws if I sack one of my two doormen who is not licensed currently? Can he not claim unfair dismissal? ALet us try and unravel this confusion. The Private Security Industry Act 2001 requires all persons acting as door supervisors to be licensed by the SIA, from a date to be set for each region of the country. This means that from 13 December 2004, it will be a criminal offence to work as a door supervisor in Yorkshire, which is where your premises are situated, without an SIA licence. That applies to the worker whom you employ. He must obtain a new-style licence before that date. There is a further point to bear in mind. You also risk prosecution after that date for employing someone who does not have a licence. The Act over-rides employment law, because it is a statutory requirement to be licensed under the new scheme. As it would be illegal to continue to employ someone who does not hold a licence, there can be no claim for unfair dismissal, because the reason would be a valid one. The quotation from DCMS applies to premises licence conditions and how they should be worded. It is not in conflict with the other Act. Carry on partying? QWill we be able to retain our bank holiday and Christmas hours when we apply to the local council next year for our new premises licence? AGrandfather rights do not apply to holiday extensions of this type, because they are actually known as "special orders of exemption'' and do not form part of the regular permitted hours for your premises. These extensions are applied for separately and are granted by the magistrates each year. They are not like the regular extensions, such as a supper hour certificate or special hours certificate, which would be included on your conversion application. You will therefore have to apply at the same time for a variation of your licence (on Form B) to give you these longer hours permanently. But fortunately there is no need to restrict them to Easter or Christmas: you can apply to have them for every weekend of the year, if you choose, subject to representations which may be made about disturbance or disorder. Making up a blend Q I run a free house. Would I be in order if I mixed a proprietary whisky with another and bottled it under the name of this pub? There would be no intention to deceive customers and we have no tie. AUnfortunately, you would be in breach of both trading standards laws and copyright if you attempted this substitution. The spirit producers value their brands highly and have a dedicated agency to seek out those who engage in "tipping" or "pouring over". Several prosecutions have been launched in recent times against any form of re-labelling. After all, they would say that their blend is unique and cannot be given another name. What you might consider is going through one of the whisky agencies to obtain your own cask blend, which they would then bottle for you. Several licensees have done this. Contact the Scotch Whisky Association for more details.