Off-sales from hotels
QYou mentioned seaside hotels last week. My question is: are people allowed to purchase off-sales from a residential hotel, if they are not residents?
AIt depends entirely on the type of licence held by the establishment in question. Where an hotel holds a full justices' on-licence, as many of them now do, this entitles them to sell intoxicating liquor for consumption both on and off the premises. A separate off-licence permission is not required. The full licence will also entitle them to make sales to non-residents, and where no condition restricting off-sales has been imposed, sales to non-residents can include "take-away" sales where appropriate.
However, an hotel holding only a residential, or restaurant and residential, licence is subject to more restrictive conditions on the supply of alcohol. A residential licence is subject to the conditions contained in section 94 of the Licensing Act 1964, which means that sales are restricted to residents, who themselves may entertain their private friends to a drink. But the friends may not pay for drinks themselves; they must be entertained by the resident. Under a residential licence, "take-away" sales are permitted, but only to residents and only for liquor supplied with a meal. The condition is intended to cover packed lunches and similar meals provided by the hotel or guesthouse.
Repeated protection
QI assume that protection orders are still valid during transition. We have not been able to finalise the details of transfer. Is there any way a protection order can be extended, or will it automatically lapse at the second licensing sessions?
AI note that you have opted for a protection order rather than an interim authority, where the rules are slightly different. However, both permissions will work during transition. There seems nothing to prevent a further protection order being granted by the magistrates, as long as there is some valid reason for the delay. But often the matter is raised in front of the licensing bench itself, because the protection order originally granted is due to expire at the end of the transfer sessions where the problem or delay is revealed. A protection order is, of course, granted by an ordinary magistrates' court and lasts until the termination of the second transfer sessions from that date. In certain circumstances, that could be within a few weeks, especially where there are monthly sessions.
However, what normally happens is that an application for transfer is made at that second sessions, and if the consideration of the transfer to the holders of the protection order is adjourned, then by virtue of section 10(4) the protection order will continue in force anyway until the hearing of the transfer application. There will, in that case, be no need for a "new" protection order or interim authority.
Weekend for the family
QWe are planning to run a family weekend in May, which will involve a disco on the Saturday night until 11, and a two-piece combo with dancing on the Sunday, ending at 10.30pm. This would take place in the pub garden and car park and children would be allowed into the event with their parents. The environmental health say they won't allow music outside. Is there any way I can get permission for this, or am I exempt for small-scale pub entertainment?
AIt looks to me as if you will need an occasional public entertainment licence, even though this event is being held in the pub garden. In some cases the pub garden is not considered to be part of the licensed premises and, therefore, not covered by the exemption in the Licensing Act. Even if it is considered part of the premises, while you would be entitled to treat music and singing as exempt, the fact that there is a disco and dancing on each of the nights would bring the event within the PEL requirements. If there were no dancing, the exemption contained in the Licensing Act would probably operate and no licence would be required.
