Consent for staff rooms?
QWe are renovating two of the rooms in our pub for use as staff bedrooms. They were previously used for storage and are marked on the plans of the premises. Someone has said that we cannot do this work without the consent of the justices. Is this true?
ANo, because it would appear that your renovation scheme does not affect the "public or common part" of the premises.
It is true that the prior consent of the licensing justices is required for any type of alteration that affects the facilities for drinking on the premises, or changes the communication between the public areas and the rest of the building. Such a change need not necessarily be structural either; consent would be required where a change of use was envisaged, or the re-routing of customers through different doorways or access points.
But where the changes are made to the private quarters or other places to which the public are not permitted access, then subject to the necessary planning requirements and building control regulations, prior consent from the justices will not be required, nor can they veto any alterations or improvements in these areas.
There are a number of examples where licensees and breweries have gone ahead with alterations to licensed premises without realising their obligations under section 20 of the Licensing Act for approval before work commences. It is more unusual to find the opposite situation where this matter is being considered in circumstances where consent is not required.
If the justices do find unauthorised work which comes within the scope of section 20, they have the power to order restitution of the premises to their original condition. But not in this case, it would seem.
Golden Box is illegal
QI have been asked by customers to run a game known as The Golden Box, with all cash going to the winners. Raffle tickets are sold during the week for £1 each. On Sunday night at 9pm a draw takes place. The winner must be in the pub or another ticket is drawn. He then picks a key from a bag and tries to open a box. If he fails, he gets a consolation prize. There are 13 keys and the draw goes on each week until the box is opened. Can you advise me if it is legal?
AThis is a variation on a game which has in the past been on offer to a large number of pubs and clubs. It obviously acts as an inducement to customers to attend the premises, because of the condition on the secondary prize.
Unfortunately, snowball prizes of this type are very difficult to organise legally.
The first part of the game is a simple lottery, run on a weekly basis. However, you cannot comply with the law on small exempt lotteries, because tickets or chances are on sale throughout the week.
It seems to me that it could only be run as a private lottery, restricted to members of a genuine "club", or as a society's lottery, which would require registration with the local authority and all manner of complicated rules.
If the winner is physically present at the time of the draw, he or she is asked to select a key from those contained in a bag. If the key does not fit, it is withdrawn and the procedure is repeated the following week, with fewer keys and extra prize money added by the organiser.
It is the second element of the lottery that is unlawful. The chances are not equally favourable to all participants, because it is clear that entrants in previous rounds have contributed to the fund which may subsequently be won by a person entering for the first time.
There are two other factors: if tickets are sold in the lottery, then they must be printed in accordance with section 4 of the Lotteries & Amusements Act. They cannot be mere "cloakroom ticket" lotteries. Secondly, it might be that the justices would consider this form of entertainment to be a game of chance requiring their permission under the Gaming Act 1968.
