QI know that you have written in your guide that any new permitted hours start later in the year, but a TV news bulletin said that the new system of up to 24-hour drinking starts "from next month". Is this correct?
AI am afraid you have to be very careful about national news coverage of the new system. Very few of the reportersget the technical details right, and it is giving a wrong impression to the general public at the same time. What starts next month is the application procedure, not the new system, which as I have said will only take proper effect around November and it could be delayed.
The problem is that reporters do not understand that the transition process comes before the final starting date. Of course there will be licensees applying for extra hours over the next six months, but these will not take immediate effect, even if they are agreed without opposition.
What you will have to explain to your customers is that everyone must start the new scheme on the same day.No-one gains an advantage by applying early. It is only when all the applications have been received and processed that the Government will finally fix the Second Appointed Day. While they are quoting November at the moment, this is not guaranteed and could change. Tell everyone to hold their horses.
Hours claim is not true
QWe have a regular weekend extension until 2am on Fridays and Saturdays. Now a local council official has said we will not be allowed to carry on with it under the new system as we are in an area that is scheduled for midnight closing. Is this true?
AIt most certainly is not true, and is very misleading if it was conveyed to you in this form. You will have heard of the expression "grandfather rights". What this means is that you are entitled to apply in the first instance for exactly the same permitted hours as you have now, including extensions. The new licence is to be granted so as to reproduce the conditions or restrictions currently in force for your licences and certificates. You will complete Part A of the new form stating your current permitted hours, which extend until 2am on those specified days. You will supply the copy of that certificate to prove your entitlement.
The local council cannot arbitrarily remove all or part ofany extension already in force, simply by declaring a zoning system in advance. If it were to seek to remove existing permissions, you would be entitled to appeal to the magistrates immediately.
Licence for absent son
QOur son has gone to work for a year in the wine trade in France. He is named on our justices' licence, along with myself and my wife. Can he apply for a personal licence?
AYes, he can. It appears not to be a requirement of the transitional application procedure for a personal licence that the individual is ordinarily resident in the UK at the time of application. It is arguable that if he is only away for a year, he could still be considered resident in this country anyway. But given that he is in France, it would seem he could apply to any licensing authority in England and Wales for the grant of a personal licence.
However, it would seem sensible if you made the application on his behalf to your own local licensingauthority, enclosing the relevant documents, including a passport-style photograph and the justices' licence (or a certified copy) and the fee. Then the licence will be available to him on his return.