Notifying a change of pub
QBoth my wife and I have already obtained our new personal licences, which come in two parts: one is a plastic card and the other is a piece of paper. We are being moved to another pub next month. What will be the new procedure for us to take over? Do we just notify the council?
AThe existing licensing law still continues to operate until 24 November. So your new personal licence is not relevant to this move, except in one regard.
You will need to obtain a transfer of the existing justices' licence into your names. Your operating company should arrange this for you, and as existing licensees it is unlikely you will be required to attend the sessions.
However, you should inform your 'home licensing authority of your change of address if you are moving into this pub on a permanent basis. It is a legal requirement for all personal licence holders to advise their current address to the licensing authority who granted the licence.
Must till rolls be kept?
QWe have been told by the tax inspector that till rolls should be retained for inspection. However, in my view there is a difference between 'should and 'must in this context. Is there a legal requirement that the actual till rolls should be retained and stored for tax purposes?
AIt is not a legal requirement, as such, to retain till rolls, but doing so does give a record of each and every transaction and thus a complete record of sales, which the inspector might wish to see. It is good practice, but I do not think it has ever been expressed as a legal requirement by Inland Revenue legislation.
Clearly, times have moved on from purely mechanical records and in some groups or chains the recording of sales is carried out by computers which may be linked to central records. There is, therefore, very accurate information on transactions which may be held other than in the forms of till rolls they may be print-outs or computer records held on film or microfiche.
What you must be able to do, however, is to show sales records that appear satisfactory enough to the Revenue to confirm your sales income. The best person to ask about this is your accountant.
Men's clubs and women
QCan you tell me whether the law has been changed with regards to women voting in a club. This is a social club which has the word 'men's in its title. Women are not allowed to sit on the committee or hold office in the club, although they form about 30% of the overall membership. Will the new licensing laws affect the situation?
AThe 2003 Act does not affect the actual legal position of such clubs, as the guidance from the Department for Culture, Media & Sport makes clear. This states that equal treatment on the grounds of gender 'is not a licensing objective. The guidance discourages licensing authorities from seeking to impose conditions requiring equal rights as part of the new licensing law.
Under the current law, a men's club is still entitled to exclude women from voting and holding office under schedule 7 to the Licensing Act 1964, and vice-versa. This would be carried forward to the new club premises certificate on conversion. Sex discrimination legislation has not yet been extended to private clubs, although there have been several attempts. In recent years the Club & Institute Union annual conference has narrowly failed to overturn the discrimination rules for women, but only on required percentage (the majority of delegates voting in favour). It will only be a matter of time, it seems, before equal rights are made mandatory.
