Certificates are missing
QFor many years we have operated our restaurant under a supper licence, which apparently was granted to the previous owners. We do not seem to have a copy of it anywhere in the paperwork and we cannot find out where the previous owners are now. What do we do when we apply for our new premises licence?
AYou are not alone. Hundreds of licensees are finding that they do not have the relevant licences or permissions to hand when they come to fill in their forms.
First of all, this permission is called a supper hour certificate and once granted remains in force for the premises. It does not require renewal. It is possible that some of these have been in existence for 30 or 40 years, so it is not surprising that they have gone astray.
You have two choices: either contact the local licensing office at the magistrates' court and ask for a copy (for which you will have to pay a small fee). Or you can simply cover the additional time in your variation application, with or without the requirement for meals.
The moral dilemma comes for those who have been running under such a certificate, only to find that it does not exist! There would then technically be a breach of the permitted hours to continue with it until 24 November. I have to leave that thought with you.
AWPs in a restaurant
Q I hold a Part IV restaurant licence. I want to install a couple of all-cash AWP machines in the entrance hall. I already have a permit. What do I need to do?
A It would seem that under present legislation you are not allowed to install all-cash machines and must stick to the cash and token machines instead.
When the law was changed to allow the higher-value AWP gaming machines, they were only permitted to be installed in premises with a full justices' licence, such as pubs, and in the case of section 34, machines under permit from the local authority are only allowed in amusement machine premises (such as arcades).
Restaurants, even though they hold a form of justices' licence, are excluded from the type of premises for which the licensing justices can grant permits. So your permit is from the local authority. But it does not authorise the new type of all-cash machine, and installing them would be illegal.
Rights when calling 'time'
Q We run a pub that has the word 'inn in its name. I have a running dispute with a customer over the question of 'time. He maintains that until I have called time he is entitled to demand to be served and I cannot refuse him. I am sure he is wrong, but I would like to know if there's any truth in it.
A The simple fact of the matter is that the calling of 'time is merely a tradition and has no legal basis at all. It is the licensee's way of conveying to his patrons that no further service will take place and that they should drink up those drinks that they have already purchased.
All the law states is that at the terminal hour all sales of alcoholic liquor must cease, except those allowed under an extension of some kind. It is an offence for a licensee to sell or supply liquor after this time, except in certain strictly-limited circumstances to residents, private friends or employees.
The sale of liquor only takes place when the contract is made and the 'demand of your customer is in law an offer to make a contract.
You, of course, must refuse to accept it, if the demand is made outside your permitted hours. He has no entitlement to insist that you break the law, and you should point this out. Also, this dispute has nothing to do with innkeeper's liability or residential status. Put him straight!
