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Signs outside pub QMost of my town's traders put out advertising signs on the pavement or roadway, but I have been told that it is illegal for me to...

Signs outside pub

QMost of my town's traders put out advertising signs on the pavement or roadway, but I have been told that it is illegal for me to do the same to advertise the pub and its food. Is this right?

AYou are not being singled out, but placing this type of sign depends very much on the attitude of your local council.

In fact, there are two issues raised if you try to locate an advertising board. One is obstruction of the highway, which can be a criminal offence and would, therefore, involve police action. The other, more common, problem is that of local-authority planning permission for the erection of the sign.

Local authorities have power to control not only the types of buildings that are erected or changed, but also the signs, notices and illuminations used on the exterior of the premises and in the highway.

Under the Highways Act they can also operate a licensing system for items put on the street, which means paying an annual fee for the space that the sign occupies.

Public houses are among the businesses that need to attract passing trade, but several of them have run into trouble by erecting signs without first obtaining the necessary planning permission. Local authorities do have the power of veto in this area, and can forbid the erection of signs which they consider an obstruction or potentially hazardous, or order their removal if a sign has been erected without consent.

Non-compliance with a council instruction could render the offender liable to court action and in the case of signs, notices and equipment such as satellite dishes, a fine can be imposed for each day that the offending article remains in place.

As with all planning, there is an appeals procedure to the Department for Environment Food & Rural Affairs where any person who feels aggrieved at their council's decision can raise their objections.

Draught beer in containers

QWe specialise in traditional ales. If a customer wants me to fill up a container with draught beer for him to take home, what is the legal position? Can I actually make any sales in this way?

AA premises licence, of course, allows you to make both on and off-sales, unless there is some special restriction. The only problem, therefore, about sales of draught products is to ensure that you stick to the proper measures.

You cannot rely on the container provided by the customer, because it is unlikely to be Government stamped. If you have metering equipment, there is no problem. You can make the delivery into any container you like.

If you only have free-flow pumps, which I suspect is the case, then really you should pour the beer into an imperial measure, such as a lined jug, and then transfer it to the container supplied. Otherwise, you will need to pour each pint and then transfer it to the container. It is highly unlikely that you will be prosecuted, but some zealous trading standards officer might take action if you relied upon unstamped containers.

Personal licence holding

Q Do you need to have your personal licence on you while you are on duty?

A Not strictly, but if you are lucky enough to have one of the credit-card types, then it seems eminently sensible to keep it with you. If, however, you change for work and have a secure locker to keep personal belongings, such as bags or wallets, then you may leave it there. It is rarely asked for on the spot, but you should be able to locate it if necessary.

Related topics Licensing law

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