Will caution cost licence?
QCan you tell me whether a police caution will affect my chances of getting a new personal licence? I was visited and warned for serving early prior to an important football match taking place locally. Other licensees who did the same were not cautioned. Will there be any problem when I come to apply to the council?
AIn the circumstances you describe, I do not think that the police are likely to object directly to the grant of your personal licence when you apply to the licensing authority. Although there is power for them to object during the transitional period, the relevant parts of the new act provide that their objection notice must relate to a conviction for a relevant offence. While they are therefore entitled to take action if there is a conviction, a caution would not in itself trigger the operation of the section.
Even if there had been a conviction, the police would have to show that the circumstances were "exceptional" and that the grant of the new personal licence would in some way undermine the crime prevention objective. While I am sure that some people might think serving football supporters before time on a Sunday was very serious, it seems unlikely that such an error of judgment is going to fall within this category.
Remember, too, that even a conviction for a relevant offence is not fatal to the application: it results in a hearing where all the circumstances may be examined, and the licensing authority will reach its own decision on whether the applicant is suitable.
Off-sales at closing time
QWhat is the law on customers taking off-sales away from the pub after closing time? If they have been bought during the normal permitted hours, isn't it legal for them to take them home when they have finished their drinks?
AThe majority of public houses are permitted to make off-sales to any of their customers. Where premises are licensed for the retail sale of liquor, they may be licensed to sell "for consumption either on or off the premises", during the permitted hours.
So it may be that a drinking customer, in anticipation of closing time, might buy beer, wine or spirits in closed containers (such as bottles or cans) in order to take them home with him.
But if he leaves the premises with "off-sales" at any time after the 20-minute period, he is guilty of an offence, and you as the licence-holder could be charged with aiding and abetting that offence, or even with selling liquor after time. The police are empowered to stop people as they leave the premises and charge them with an offence under section 59 of the Licensing Act 1964 if they have off-sale purchases with them and drinking-up time is over.
Club rules and the police
QOur local police have said we must notify them in advance about any rule changes we propose, particularly with regard to visitors. Is this true?
ANot in advance. Section 48 of the Licensing Act 1964 makes it obligatory for clubs to notify the chief officer of police and the clerk to the local authority, in writing, within 28 days of a rule change being made.
It is a duty which falls specifically to the secretary of the club, who may be fined up to £200 for his failure to notify.
As far as a police veto is concerned, this only applies where the club intends to change the rules to allow non-members (such as visiting teams) to purchase drinks at the bar. However, it is open to the club to justify its rule change and only the magistrates under the current law can take the ultimate decision on whether it is acceptable.
