Forging a justices' licence
QSomeone has told me that the crime of forging a justices' licence has been repealed. How will this affect people trying to get a new premises licence through a forgery?
AYou are correct that forgery of a justices' licence was an offence under the Licensing Act, but was repealed in 1981. However, the identical offence was included in the Forgery and Counterfeiting Act of the same year. It is still, therefore, a criminal offence to seek to forge a licence or make use of one which is forged.
The clerk to the justices is required to keep a register of licences for the district, which may be freely inspected by other licensees, ratepayers, the police and the local authority.
But clearly if the licensing authorities merely rely on the production of a licence or certified copy and do not check the register, they may inadvertently grant a new premises licence on the basis of a forgery.
Clarity on opening times
QI have been told that I should not let people into my pub before the exact moment of opening time, and to allow them to come in, say, on a Sunday morning a few minutes before midday is unlawful. Can you advise me?
AAs I have previously mentioned, there is still confusion in the minds of many licensees between "opening hours" and "permitted hours".
In law, there are currently no such things as opening hours for public houses. Nothing in the Licensing Act 1964 makes it necessary to bolt and bar the doors of licensed premises when drink is not being served.
What the law lays down are certain periods during which the sale and consumption of liquor is permitted. The law allows a short concessionary period after the end of permitted hours for people to drink up. It does not then say that persons must leave the premises.
Most licensees like to clear their premises of customers in the evening after a long day, and this is their right. No-one may stay on the premises if the licensee asks him to leave. But on the other hand, if a licensee permits people to enter his premises before the official commencement of permitted hours, no offence is being committed.
There would, however, be an offence if intoxicating liquor was supplied or sold before the beginning of permitted hours and the police would be entitled to ask for a reason why persons should be admitted early, if they suspected that an offence might be in contemplation.
In this respect it should be remembered that the "sale" is not made when the money changes hands, but when the drink is poured. Delaying payment until the commencement hour does not get round the law.
Under the 2003 Act, where a variation is sought, the hours of opening of the premises to the public must be stated, so presumably it will be a condition on the licence that the public must not be admitted to the premises outside those hours.
Age limits on licences
QIs there any age limit on holding a new personal licence or converting to one if you currently have an on-licence?
ANo age limits are laid down in either of the Licensing Acts, and there is no suggestion that the new law will apply any upper age restriction. There is one difference between the old and new laws, however, and that is that the 2003 Act does set a minimum age of 18 for holding a personal licence, whereas technically there is no lower age limit under the existing law.
A licensing authority is only allowed to refuse the grant of a personal licence on very restricted grounds, mainly concerning relevant offences committed by the applicant. But neither they nor the police can oppose the grant of a personal licence merely on the question of age.
