Joint names on licences

Q My wife and I are currently named on the licence. When we come to apply next year, will we get one personal licence in our joint names for the pub, or one each?

A One each. You will make two applications, and they will not be "for the pub" but for you as individuals. The fact that you are on the same licence will technically make no difference.

The new personal licence will not have the name of a pub on it at all. It will have your name, and some details, but it will not be linked to any particular premises.

Some people are still confused about this, because they have become accustomed to having a justices' licence with their names and the name of the pub on it. But in future the licences will be separate.

Boy delivering off-sales

Q This year I have agreed to let my son, who is 15, deliver off-sales from my country pub for regular customers in the village.

These deliveries are with other Christmas products that are pre-ordered by customers.

Now someone has said that I will be breaking the law, because he will be carrying alcohol on a cart and you have to be at least 18 to do this. Is this right?

A I am pleased to tell you that you are not breaking the law. The fact that your son is "employed" by you for this purpose means that the arrangement is perfectly legal.

It is true that it is an offence to send a person under 18 to obtain intoxicating liquor, and of course, it is an offence for a licensee to sell liquor to someone under 18 for consumption off the premises.

You must refuse to hand over liquor to any person who appears to you to be under age, even if the order was placed by telephone by an older person.

However, all these prohibitions on delivery of liquor do not apply where the person under 18 is a member of the licence-holder's family, or is his servant, employed by him as a delivery messenger.

It is quite in order for your son to take liquor and deliver it himself, if you are satisfied that he is responsible and will deliver the goods as instructed.

The Licensing Act prohibits not only sale to minors but also delivery of liquor to them, whether this delivery takes place in the licensed premises or not.

However, one surprising aspect of the current law is that where the delivery of liquor takes place at the house of the purchaser, or at his work place, it may actually be handed over to someone under 18.

Bankruptcy is not fatal

Q I have recently been declared bankrupt as a result of a disastrous period running my own pub business, but have applied for a new job as a manager with a successful pub operating company.

The company has shown confidence in me, but what are my chances of getting a licence from the justices before the change in the law?

A There are two things that should encourage you. There is no legal barrier to a person who is bankrupt from either holding or being granted a licence.

You will not, therefore, be automatically refused, and the justices will examine your application on its merits.

Secondly, if you are re-entering the trade as a manager, responsible to an experienced company that deals with and controls the finances of the operation, and who may have another employee named with you on the licence, your own financial circumstances will have less impact on the justices' deliberations.

If you are able to provide good references, and a good record of running licensed premises, which you seem to have, then this unfortunate period should not mar your chances of continuing in the trade.