Who holds the licence?

QWe are a small operating company with a number of houses in a limited area. We now find that the local police have objected to us making application for the premises licence for tenancies that we run. They say that it must be the person in actual charge of the premises. What is our best way of handling this situation?

AThe easiest method of countering the objection is simply to convey to the licensing authority the relevant part of the statutory guidance to them issued by the Department for Culture Media & Sport.

Paragraph 5.40 includes the following advice:

'It is not for the licensing authority to decide who is the most appropriate person to hold the licence. For example, in respect of most leased public houses, a tenant may run or propose to run the business at the premises in agreement with a pub-owning company. Both would be eligible to apply for the appropriate licence and it is for these businesses or individuals to agree contractually amongst themselves who should do so. It is not for the licensing authority to interfere in that decision.

This indicates that in cases like yours there is a choice either the operating company or the tenant occupier is equally entitled to make application for the premises licence. Clearly, a tenant who holds or will hold a personal licence is going to be nominated as the designated premises supervisor, but for many companies it is felt appropriate for the premises licence to be held not by an individual but by the company concerned.

Taking off-sales home

QWhat is the law on customers taking off-sales away from the pub after closing time? If they have been bought during the normal permitted hours, isn't it legal for them to take them home when they have finished their drinks?

AIt is true that the majority of public houses are permitted to make off-sales to any of their customers. Where premises are licensed for the retail sale of liquor, they may be licensed to sell 'for consumption either on or off the premises, during the permitted hours.

So it may be that a drinking customer, in anticipation of closing time, might buy beer, wine or spirits in closed containers (such as bottles or cans) in order to take them home with him.

But if he leaves the premises with 'off-sales at any time after the 20-minute period, he is guilty of an offence, and you as the licence-holder could be charged with aiding and abetting that offence, or even with selling liquor after time. The police are empowered to stop people as they leave the premises and charge them with an offence under section 59 of the Licensing Act 1964 if they have off-sale purchases with them and drinking-up time is over.

Canal boats sunk

' was chatting to a boat operator near here who runs canal trips. I told him about the new licensing laws and he says it does not apply to him. He serves drinks from a small on-board bar on canal and river trips. Is this true?

ANo, it isn't. He probably only operates during the summer months, so by the time the new law comes in he will have shut up for the winter. But when he begins the trips again in spring 2006 he may well get a visit from the police or a licensing officer to put him straight.

It will become illegal from 24 November to sell alcohol on boats without a premises licence. Currently, such trips are exempt, but boat operators will need a premises licence from the local authority where the boat is normally kept.