Customer's drunk friend

- Last updated on GMT

Related tags: Licensing act, Ethanol, Alcoholic beverage, Brandy

QApparently, a customer came in to our pub recently and bought two drinks from my barman and gave one of them to someone who later turned out to be...

QApparently, a customer came in to our pub recently and bought two drinks from my barman and gave one of them to someone who later turned out to be drunk. I did not personally serve the drunk person and did not know he was in the pub. Is there any offence if the police find him on my premises? AThere are two offences contained in sections 172 and 172A of the Licensing Act 1964. They are: permitting drunkenness on the licensed premises, and selling liquor to a person who is drunk. A licensee or a "relevant person" can be charged with either of these offences, or both, depending on the circumstances. It may be that the police do not have sufficient evidence of a sale, in which case they will proceed with the first charge. However, it has been held that where a drunk and a sober customer enter licensed premises together, and the sober man orders liquor for both, this will amount to sale to the drunken person. According to the Licensing Act, it is the responsibility of the licensee or whoever is in charge at the time to prevent drunkenness and they must take steps to ascertain the condition of customers. Low-down on low-level loos QWe made an application for a children's certificate and the justices asked us why we did not have low-level urinals in the gents. Are they allowed to insist on this, just because under-14s are in the bar? We have children in the games room and garden throughout the year and we have never been asked before. APerhaps they are just being child-friendly for a change. They are indeed entitled to see, in general, whether the environment is one which is suitable for young persons, and that suitability might extend to physical difficulties. However, as there are alternatives, I think it would be over-stepping the mark to refuse a certificate on these grounds alone, especially as you say children have been using the premises for many years. Restaurant in good spirits Q I was in an up-market restaurant recently and saw the wine waiter pour brandy freehand into glasses at the table. Surely this is illegal? Our brandy in the pub is on Optic. A The reason he was pouring like that is that the brandy probably cost £15 a glass! With mark-ups like that you can afford to be generous. In fact, there was no infringement of the law here. Brandy is not one of the four named spirits and therefore it is not a legal requirement for it to be measured, unless an exact quantity is given on the price list or menu. As far as gin, rum, vodka and whisky are concerned, these four spirits and these alone must be served in quantities of 25ml or 35ml, or multiples.

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