Friend in after hours
Q We have had a situation on which we need your advice. One night last week, at about 11.45pm, our barman was sitting having a drink with his friend when the police rang the bell. No-one else was in the bar. The police claimed that it was illegal and told the friend to drink up and leave. The barman had bought the drinks. He's got a room in the pub. What's the law?
AThe law is that the barman is a "resident" and if he was genuinely entertaining his own personal friend, then he has an exemption from the normal permitted hours.
It is not a legal requirement that such drinks must be taken in a different part of the premises.
As long as it is clear that the drink was purchased by someone qualified to do so after normal permitted hours, then no offence is being committed.
It is understandable that the police might consider that this activity constituted "after hours drinking" when they are used to the provisions concerning drinking-up time in ordinary public houses ending at 11.20pm.
But the exemption given in section 63 (3) is for "any private friends of a person residing there who are bona fide entertained by him at his own expense."
Access for youngsters
Q We have recently restored the yard at the back of our pub as a small, walled garden area. The only access to this is through the lounge bar, and the toilets are situated on the other side of the bar. What will be the position with families who ask if they can bring children into the garden? Are we breaking the law by allowing them into our bar?
AFirst of all, I take it you obtained prior consent from the justices, as you have increased the public area for consumption.
Fortunately there is a straightforward concession contained in the Licensing Act to take care of the problem you highlight. You will not be contravening the law if you follow one or two simple procedures.
The current law states that unless you have a children's certificate you must not allow a person under the age of 14 to be in the bar of the licensed premises during the permitted hours. They may, of course, be in any other part of the premises which is not a bar, including a garden area such as you describe, or a restaurant, if you have one.
There's an exception to this rule when the young person is in the bar solely for the purpose of passing to another part of the premises to which there is no other convenient route. This journey is permitted by virtue of section 168(4)(c) of the Licensing Act 1964.
As there is no other way for families to enter this garden, it is perfectly in order for them to come through the lounge bar.
However, until you have obtained a children's certificate, you should make it a rule that they should not remain in the bar area (for example, to play or watch the gaming machines or other games) and should only pass through the bar to reach the toilet facilities during their stay on your premises.
Moving during transition
Q I am being forced to move my accommodation in the next few weeks. What is the situation with regard to my application for a personal licence?
AIf you have not made it yet, it might be best to wait until you have moved. The requirement is that the application should be made to the council for the area where you are "ordinarily resident". If you have already applied, you should contact the licensing officer immediately and explain the situation. He may be able to pass the paperwork on, if it has not been processed yet.
