Prostitutes in premises
Q At the licensing sessions last week a new applicant for a transfer was asked who he could not serve. His reply was prostitutes and police in uniform. The magistrates seemed to think that was right, but I remember an article of yours which said it wasn't true about prostitutes.
A You remember correctly. The law in this regard has been widely misunderstood for many years and in spite of several articles on the subject it seems to be going on even now.
The law says that prostitutes should not be allowed to "assemble" on licensed premises, and that the licensee should not knowingly allow the pub to be "the habitual resort or place of meeting" for such persons, whether or not they are actually soliciting at the time.
But there is a specific concession in the same section that effectively makes it lawful to serve prostitutes with refreshments. The section states that it does not prohibit the licensee "allowing any such persons to remain in the premises for the purpose of obtaining reasonable refreshment, for such time as is necessary for that purpose".
As to what is "reasonable" in terms of refreshment is not spelled out, but clearly intoxicating liquor would not be considered unreasonable in a public house, and a meal or sandwiches would also be acceptable.
The word "knowingly" is used in the section, so that obviously there must be some evidence to suggest that the licensee knew the person concerned was a prostitute and allowed him or her to remain in that knowledge. Serving a prostitute unwittingly is not an offence.
However, serving a police officer when he is on duty with any refreshment continues to be against the law.
Staging men-only golf
Q I have put up a couple of notices in my pub concerning a golf competition, which I have been asked to run at a local club. Entry is restricted to male customers. Now I have been challenged that this is against the law. The golf club has different rules for male and female players. Am I OK? We also have a men's cribbage competition.
A The Sex Discrimination Act does affect the licensed trade in a number of ways with regard to the provision of goods or services, and also in advertising for staff. The act does not apply completely to private members' clubs, but that is not strictly an issue here.
However, there appears to be a distinction here between certain types of activity, which does affect what you are currently doing. While the game of cribbage is not one where there is any degree of physical strength involved, golf is a sport where this would come into play and where, on average, the strength of a man would be considered different from that of a woman. Therefore, section 44 of the act would apply to make a single-sex golf competition not unlawful.
Cribbage competitions in the pub itself should be open to both sexes, because there is no logical reason to keep the sexes apart in this instance.
Can kids use our patio?
Q We have recently covered and put heating in a patio outside the main bar. Is it the case that families can use this area, even with children under 14?
A As long as the area is distinct and separate from the bar where alcohol is sold, then it is usual for it to be treated as "not a bar" for the purposes of the current legislation and a children's certificate would not be required. This is the case even if access to the area is gained by passing through the bar, for which there is a further concession for youngsters in the 1964 Licensing Act.
