Drinks supply on coaches
QThe members of our association have been debating illegal practices by local clubs and particularly asked me to seek guidance on the question of such clubs supplying drinks on coaches which they are using. One member reckons that they have an exemption for a "moving vehicle" but I do not think they are covered by that law and that it is illegal. Could you explain which laws cover this and whether or not they are committing illegal acts?
AIn fact, neither of your explanations are technically right in this instance. The truth of the matter is that if the club is a private members' club, the members are probably exempted from the restrictions altogether.
It is not currently possible for a coach in transit betweentwo points to be licensed for the sale of intoxicating liquor.Nor does such a vehicle enjoy the concession outlined in section 199 of the Licensing Act 1964, where liquor may be sold without a justices' licence on any "aircraft, vessel or railway passenger vehicle" while it is in transit. Road vehicles are not included in this section.
A coach could not become licensed in any way, because it is not a "premises or place" to which the Act could apply. Permanently moored vessels, railway carriages and other conveyances can become licensed if they are stationary and the justices consider them suitable for the grant of a licence.
But in the case of a members' club party on an outing, using part of the club stock, no actual "sale" of liquor is taking place. The coach does not need to be licensed to make the provision of liquor among the members quite lawful. It would be the same for any other party which had lawfully purchased liquor from a pub or off-licence prior to the journey and was merely consuming it in the vehicle.
Machines and drinking-up
QI should like to know the legal position regarding the two AWP machines and the jukebox in our pub during drinking-up time. Can we switch them off while people are using them, or have they the right to carry on for the full 20 minutes or while they have credit, as someone has said?
AThe times during which your machines are made available for play are entirely at your discretion, subject to any agreement or instruction which your operating company might have issued.
Certainly your customers have no "right" to insist that these machines should be available at any time, or throughout the drinking-up period. It should be remembered that the 20-minute period is a concession and the customers remain there only at the behest of the licensee. The object of that time is, in truth, to get them to finish their drinks and leave. It follows, therefore, that anything which encourages them to linger runs counter to the object of closing up and clearing the bar.
Premises which are used for other activities, perhaps during the afternoon when the bar is closed, may of course continue to operate all types of amusement machines during that time. It is not a legal requirement that persons must leave the premises during this period, or that machines may only be used during the time that the premises are legally allowed to sell liquor.
Customers may not insist, for example, that they are in the middle of a "winning streak" on the machine, so as to entitle them to continue to play beyond the terminal hour. The licensee may insist that they stop playing, collecting any stored winnings or stakes, and may shut the machine off immediately.
