Extension one day a week

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Related tags: Special hours certificate, Occupational safety and health

QWe would like to extend our hours by means of a special hours certificate, but could only justify it on perhaps one night a week. Could we have it...

QWe would like to extend our hours by means of a special hours certificate, but could only justify it on perhaps one night a week. Could we have it just for Saturday night, to run over into Sunday morning on a regular basis? A It is certainly possible to have the extension operating on a limited number of days in the week, or for limited periods of the year, according to the Licensing Act. The justices have power to impose restrictions on the certificate for particular weekdays, usually at the request of the applicant. As to whether it can operate on only one day of the week, that is a matter for the justices to determine in the light of the premises' suitability. While it is common for such certificates to be used, for example, only towards the end of the week, it might be felt that only once in six days did not satisfy the objects of the section. There is also the fact that the Act speaks of the certificate being limited "to particular days of the week"and there is a notable absence of the singular throughout the relevant sections. Some courts might take this to mean that Parliament did not intend the certificate ever to be granted for only one day, and that two days was the minimum it could reasonably grant. Where a certificate has been granted for particular days and is not being used, the police have the power to apply for revocation on these grounds alone. Regular use is a requirement of the Act. Beer delivery accidents QWould you please explain what my legal position is as a tenant licensee if I help with a beer delivery and then get injured as a result of a mistake. AI am not sure exactly what you have in mind, but you must be aware that this is a complex area of the law and a full explanation cannot be given in a short answer. First of all, it has to be established whether the accident was caused by negligence of one of the parties involved, or defective equipment or premises. If the dray or the drayman's equipment was faulty, then the brewery may take the blame. If the accident happened through a defect in the premises, then the owner or occupier of those premises could be liable. The Health & Safety at Work Act, while stating general points about providing safe working systems and exposing people to risks, does not deal with the question of damages for injury as such. That would be determined by a civil action by the injured party. But, clearly, where any individual or company is providing unsafe working conditions, health and safety inspectors could initiate proceedings under the Act, which could result in a fine. In most cases it is not a licensee's job to unload beer. But if an accident occurs in which a licensee is injured because he has volunteered to assist the drayman, and the accident can be attributed principally or entirely to his own negligence, then he can have no claim against anyone else. If, however, the brewery through its own actions has created a situation which compels the licensee to become involved in the unloading of barrels, then it could be that it will be liable not only for proceedings under the Health & Safety Act, but also for civil damages in respect of the injury.

Related topics: Events & Occasions

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