Opinion > Peter Coulson

Peter Coulson

Views and advice on legal matters from Morning Advertiser's legal expert. You can also contact Peter and see if he can answer your legal queries on Licensing@aol.com

A year of change ahead

12-Dec-2011 - There will be many readers who remember the period of transition from one licensing system to another, back in 2005, as one long confusion. Certainly the protracted period of change, complexities of the forms, the delays of local authorities and general uncertainty about what was required took a very long time to sort out.

Fake IDs: Countering the counterfeit

02-Dec-2011 - I am sad to see Andrew Chevis of Citizen Card still having to bang the drum for acceptance of the Proof of Age Standards Scheme (PASS) system to be made obligatory in some way.

Musical copyright: Baying at the moon over code

30-Nov-2011 - I think that Brigid Simmonds, chief executive of the British Beer & Pub Association (BBPA), is right when she calls for some kind of voluntary code on musical copyright fees.

Discrimination in the trade

28-Nov-2011 - Last week’s thought-provoking article by Dave Daly in The Guv’nor column was full of common sense about the long-standing issue of racial discrimination. In it, he counselled against going to the law, suggesting such matters should be kept in-house, and for the most part I agree with him — from his side of the bar.

Avoiding the DPS blame-game

23-Nov-2011 - There are two sides to every story. Many years ago when I used to attend licensing sessions fairly regularly, there would be occasions when a brewery representative or a solicitor stood up and told the bench that the activities which had given rise to their displeasure were all down to an unsatisfactory manager “who has since been replaced.”

Airing views on conditions

22-Nov-2011 - My recent article about minor variations provoked a strong reaction among readers who have suffered their own problems and knock-backs when they have tried to make a small change to their premises licence.

Is it just a load of hot air?

14-Nov-2011 - I recognise the wariness and scepticism of licensees when faced with a new breathalyser machine being marketed to pubs. They might think ‘what’s the come-back on me if I install one of these and something goes wrong?’

Pub gaming is under control

07-Nov-2011 - Whatever claims politicians make about the removal of red tape, those in the licensed trade know only too well that nothing actually gets any better.

Tragedy raises review queries

07-Nov-2011 - The tragic events at Lava & Ignite in Nottingham, that saw a student crushed to death, hit the headlines for obvious reasons, but the aftermath raises a couple of questions for me.

The below-cost sales minefield

01-Nov-2011 - It does not surprise me that the Government is having some difficulty in resolving the issues involved in supermarket low-cost sales (Cheap booze ban: work continues — the PMA, 20 October).

The thicket that is gambling law

27-Oct-2011 - Some of you may not agree, but I have a great deal of sympathy for local authority licensing officers. With their councils strapped for cash and looking to cut services, they still have to cope with a multitude of licensing problems, not just to do with alcohol but other licensable activities too. It is unsurprising that they need help from time to time.

Minor variations, major grief

24-Oct-2011 - I am continuing to receive reports from licensees in many parts of the country about the refusal of minor variations to their premises licences.

Progressing on music licensing

20-Oct-2011 - While the consultation on de-regulating most forms of entertainment goes on, I note that Lord Clement-Jones’s Live Music Bill is back in play after a long break.

Reforms are just window dressing

19-Oct-2011 - Nothing changes much in Government. I well remember the Labour administration producing a long list of the ‘reforms’ that they intended to bring to licensing, most of which were already under discussion when they started the exercise, and several of which were not implemented.

ECJ ruling leaves future open

13-Oct-2011 - I am put in mind of that horsey scrum at the beginning of the Grand National, when everyone is, in fact, jockeying for position before the tape goes up. Spotting your own horse in the chaos is extremely difficult, and he may have fallen down at the first fence before you see him.

The limits of responsibility

11-Oct-2011 - There is really nothing new in licensing. I see that a great fuss is being made in certain circles about a recent case concerning noise from departing customers.

Speaking with a forked tongue

04-Oct-2011 - If health secretary Andrew Lansley really believes what he said at the Wine & Spirit Trade Association’s annual conference recently, then why has he not had a word with Teresa May?

No mention of licensing issues

28-Sep-2011 - As I predicted, the final stages of the Police Reform and Social Responsibility Bill were taken up with a last-ditch attempt to derail the Government’s proposals for elected commissioners of police and the licensing aspects were not touched upon at all.

Singing consultation’s praises

26-Sep-2011 - It seems that the very persistent lobbying by the music industry, coupled with the sterling efforts of Lord Clement-Jones and his advisors, has at last borne fruit.

Bumpy ride for some transfers

20-Sep-2011 - You don’t hear much about licence transfers these days. Of course, under the old system we had ‘transfer sessions’ where the new incumbents were paraded in front of the bench and had to answer questions to show their suitability (unless they had already been granted a protection order). But now, the majority of transfers are carried out with a simple notice to the licensing authority and no hearing is required.

Inconsistency in footie cases

13-Sep-2011 - It is not surprising that a great deal of publicity is given to licensees who manage to avoid conviction for dishonestly receiving satellite football transmissions through a foreign decoder (“Hosts cleared in satellite footie case”, PMA 1 September 2011). It seems as if the Sky dominance of the market has been holed below the waterline once again.

Opinion

The only constant is change

06-Sep-2011 - Some years’ ago, when children’s certificates were first introduced in Scotland, there was much criticism of licensing boards for seeking to impose a range of conditions concerning child welfare and maternal protection — even including strictures on breast feeding.

Take advice on your lease

22-Aug-2011 - Professional advice is an essential requirement when looking to take on a pub lease, says Peter Coulson.

Pub sales: the right to restrict

15-Aug-2011 - It is no surprise to me that certain breweries and other owners are continuing to reserve their right to impose a restrictive covenant when pubs are sold, writes Peter Coulson.

Coulson: The problem with councils

08-Aug-2011 - The new licensing changes could be as bad for councils as they are for the licensed trade, argues Peter Coulson.

Spotlight

The beer-duty escalator: my final thoughts

The beer-duty escalator: my final thoughts

This is going to be my last column on the duty escalator for a little while. It’s...

The Big Interview: Andrew Griffiths MP, chair All-Party Parliamentary Beer Group

The Big Interview: Andrew Griffiths MP, chair All-Party Parliamentary Beer Group

The All-Party Parliamentary Beer Group plays a vital role representing the interests of the pub and brewing...

Here comes the sun... time for a positive outlook
Opinion

Here comes the sun... time for a positive outlook

Foreign Secretary William Hague’s recent message to business to stop complaining about the parlous state of the...

Health & safety in pubs: Top Tips

Health & safety in pubs: Top Tips

An unclean venue is undoubtedly a turn-off for consumers and operators can no longer conceal below-par conditions...