Licences for catering vans

QHas there been any change in the position on a licence for our catering van at events? We have a wide popular range of food and we are often asked to supply drink as well. Will there be a type of licence that will cover us in future? AThe answer now appears to be a guarded yes. From my reading of the new Licensing Bill, there does appear to be scope for the use of a mobile van to be covered by a premises licence. Clause 184 of the Bill provides that where a vehicle is going to be used for a licensable activity while parked, it is to be treated for the purposes of the new Act as premises situated at that parking place. It is important to note that it is only parked vehicles which are covered at present. Moving vehicles such as long-distance coaches are still not permitted to be licensed, although moving trains, boats and planes will be permitted to serve alcohol. The only problem as I see it is that a single premises licence will be insufficient, because the Bill says that the premises licence will only cover one stipulated place, not several. And you will have to apply to each local authority area where the events takes place, presumably paying a premises licence fee for each occasion. It would clearly be more helpful if the van itself held a premises licence which was moveable, but I do not think this is the intention of the Bill. Criminal convictions QI was recently asked by my manager if a single conviction for something like shoplifting in 1989 would mean he would be refused a licence. Is there an automatic refusal in such cases? What would happen if he concealed it? AThere is very little point in concealing any convictions, particularly as these days, details are requested on the "Fitness of Applicant" form. What is true is that the licensing bench has a discretion to ask for all convictions, whether spent or not, under the Rehabilitation of Offenders Act, to be revealed to them. They may do this on the understanding that the Act gives them authority to look beyond the normal restricted period to establish the true character of the applicant. However, it is right that any such details should be kept entirely secret. The police should certainly not read out any convictions aloud, as they might do in a criminal case after conviction. The applicant is entitled to the Act's protection with regard to the other persons present at the sessions, and spent convictions are a matter exclusively for the bench. I have heard of some justices who take a very severe view of past criminal offences, so that they will refuse an application on that ground alone. However, I've heard of many others who, after making diligent enquiries, hold the opinion that they do not affect the current fitness of the applicant to hold a licence, and several more who will abide by the spirit of the rehabilitation laws and not even ask for spent convictions. The police are also sometimes helpful in this respect, although it's hard to give a national picture, as the approach varies so much. Responsibility rests with you QI hold the licence for a function hall. Sometimes, people do not want a cash bar, so we supply the drinks to the guests on an arrangement by which the hirers pay in advance. Do I or one of my staff have to be present all the time during the function? AThe general answer is that, as the licensee of the premises, you remain responsible for what takes place there, regardless of the method of sale or distribution. So you or someone with your authority, ought to be present throughout. In law, the consumption of liquor must take place under your supervision. There are many aspects of the licensing laws, including drunkenness, disorderly behaviour and consumption outside hours, for which you could be personally liable. You cannot abdicate your responsibilities simply because you have made certain arrangements with the hirers. If you cannot personally be there for the whole of the function, you must formally delegate your control to someone employed by you. You cannot delegate this to any of the customers. Such a delegation ought to be in writing, to be on the safe side.