Licensing@aol.com
Husband and wife food team
Q We run a successful outside catering business for which I obtain, when required, temporary event notices (TENs) in various parts of the country. Up to now there has been no problem, but this year has been quite successful and I am now up to 42 events. My wife is in partnership with me and has long experience in the trade. How can we get over the 50 limit?
A Unfortunately, it does not appear that you can "double up" the maximum between you, due to a restriction contained in the Licensing Act.
While it is true that an individual personal licence holder can give up to 50 temporary event notices in any calendar year, any TEN given by a spouse or business associate counts towards that total. It is a mandatory question on the application form, whereby you must declare how many TENs an associate has already given, and she would be required to fill in your total in that box.
You would have to divorce and she would have to set up her own catering business in order to get round the limitations, and it doesn't sound as if you want to do that!
Making up a whisky 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.
A Unfortunately, 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, the brand owners would say that their blend is unique and cannot be given another name.
It is now also illegal to re-fill lot-marked bottles, as this affects the traceability of the product in question. The General Food Regulations 2004 prohibit this practice.
You might consider going through one of the whisky agencies to obtain your own cask blend, which they would bottle for you. Contact the Scotch Whisky Association for more details.
Residing on the premises
Q When I first started in the trade, it was often made a requirement by our local bench that the tenant must reside on the premises for which he held the licence. Currently, I do not hold the licence for either of my pubs, because the brewery holds them. What is the current legal position about residence?
A There isn't one. I agree that there used to be a traditional view among licensing justices that the licence holder should "look after the shop" and that meant residing on the tenanted premises. But circumstances in the trade have changed vastly over the past two decades and it is now not physically possible for someone to be in two places at once, even if they wanted to.
The only matters which the licensing authority can turn into conditions on a current premises licence are those that are connected with the licensing objectives.
It is now common for breweries and operating companies to hold the licence in their own names (companies can hold licences under the new system), so that conditions must be relevant to the licence itself and not to individuals. I take it you are the designated premises supervisor. Again, it is not a legal requirement that you are permanently residing on the premises.
