Under-18s serving alcohol
QSomeone has said that the over-18 rule will be scrapped with regard to bar staff and that you will be able to employ youngsters to serve drinks in certain circumstances. Is this right?
ACurrently, the Licensing Act 1964 prohibits young persons under the age of 18 from working in a bar, whatever kind of work they carry out. So even collecting glasses or stocking shelves is not allowed for most youngsters. The only exception is those aged over 16 who are on an approved training scheme, of which the Modern Apprentice Scheme is the most common.
This has all been scrapped under the 2003 Act. There is no direct prohibition on the employment of young people under 18 in a bar, mainly because the word "bar" has also been removed from the legislation. What replaces it, to some extent, is a section headed "Prohibition of unsupervised sales by children" which makes it an offence for a young person to sell alcohol, or supply it in a members' club, unless the sale has been "specifically approved" by a relevant adult.
The use of that wording means that each and every sale made by the young person must be approved. It is not possible to give a form of blanket permission at the start of the session, or to leave the young person alone to make any sale of alcohol. As in supermarkets, the actual "nod" must be given by the responsible adult.
The prohibition does not apply to young waiters and waitresses in restaurants or restaurant areas of pubs, who may wait at tables and take drink orders.
Human rights in leases
QWe are planning to take on our first tenancy shortly and have had an interview with the estate manager of the pub company. He has said to us that in order to take this tenancy we must sign away our rights under the landlord and tenant laws. Surely we cannot do this as we would have no redress. Isn't this against human rights law?
ANo, this arrangement would not in itself breach human rights legislation as it is part of an arrangement requiring the consent of both parties to disapply certain provisions of the law, for what is perceived to be a benefit to both sides.
Section 38 of the Landlord and Tenant Act 1954 specifically provides for the court to assent to a joint application by the landlord and tenant to disapply the protection of the Act in certain circumstances.
It is widely used in the licensed trade, so that the terms of the actual lease with regard to renewal and the giving of notice are paramount. It is up to you as the tenant to ensure that there are necessary safeguards in the lease itself, and you may think it wise to consult a solicitor with regard to the actual terms being offered.
Police asking for licence
QWe have recently taken over this pub from relatives. Last week, the police licensing sergeant came in and demanded to see the licence. I told him the court or the agent had it. He said we had to keep it on the premises. Is this true and can he demand to see it?
A Yes, it is true. In this respect a justices' licence is rather like a driving licence, in that you are obliged to produce it when requested to do so by a police officer.
It may be that he was checking to make sure that you have actually gone ahead with the transfer of the licence.
Over the years I regularly receive several reports that relatives have taken over premises without bothering to transfer the licence.
The relevant section of the Licensing Act 1964 is section 185, which has been variously amended throughout its life, but now provides for a licence to be produced for examination on the order of a magistrate or a police officer.
If the licensee fails to do this "within a reasonable time" then he is liable to a fine, if the matter is taken to court.
