Beware technology risk
Q Although we run a village pub we are very switched on and are able to offer WiFi wireless broadband to our customers. What are my legal obligations if they download and play music, or watch live soccer on their laptops? Am I likely to be involved in any legal action?
A The general principle of copyright law is that a licensee risks prosecution if he causes the public performance of copyright material without possessing the necessary authorisation or permission, usually on payment of a fee.
The provision of a facility such as an internet connection, without more involvement, is not in itself a breach of copyright, because in general the connection may be used by customers for a number of perfectly legitimate activities.
You could say it was similar to the telephone in that respect use of the pub phone does not make the landlord liable for what is discussed or arranged.
However, you do have to exercise some care where downloaded material is then made available to others. Private use is often exempted, but to permit premises to be used for non-domestic reception of copyright material could lead to the risk of prosecution.
For example, customers crowding around a laptop watching a copyright transmission of a football match could eventually come to the attention of FACT, the copyright protection agency.
While this would not be their main concern, stress to your users that you retain the right to control how the facility is used on your premises, perhaps by a warning notice.
Sunday morning opening
Q I wanted to open earlier on Sunday mornings when we took over this pub, but I was told we can only start serving at 12 noon. In the previous place I heard that pubs did open on Sunday mornings and there is plenty of trade around a bit earlier. Can we apply for early opening?
A I am afraid not on a regular basis. Currently, there is no flexibility on Sunday mornings. The applications that were made last year by Wetherspoon's applied only to weekdays, because that is the only period specified in the Licensing Act for the justices to change. Sundays are not included.
It is legally possible to apply for an extension of hours on Sundays, but only in respect either of a special event taking place on a particular Sunday morning, or under a General Order of Exemption for a particular group of workers or a market.
Next year is a different matter. If your local residents do not object to you opening on Sunday mornings, then the local council really has no reason to prevent you when you make your application for the new-style premises licence.
You can state a Sunday morning opening time which suits you, and in the absence of objections, that is what you will get. It can be curtailed only if there are public order or public nuisance implications in you opening before midday.
Admission not prohibited
Q We have been told that we can open other parts of the premises before the start time in the morning but not the bar, even if no alcoholic drinks are being served. Is this true?
A No, it is not. Its use as a bar makes no difference. The prohibition for licensed premises is on selling alcohol outside the permitted hours, not on opening all or any part of the premises.
Several pubs use areas of the bar for other activities, such as serving breakfasts to residents and non-residents. Actual admission to the premises is not controlled by the licensing laws.
