Missing council deadline
Q We have a residential licence for this seaside hotel but unfortunately due to a misunderstanding we did not get our application to the council in time. Do we have to apply for the same type of conditions as we have now on the new form? It does not say so.
A You start with an entirely clean sheet. That form is exactly the same for everyone, so you put down what you actually want on it.
There is no requirement, after the end of the transition period, to limit yourself to the type of licence you had before, nor has the licensing authority the power to insist that you do so. Clearly, the likelihood of representations is lower if you attempt to recreate the licence you have now, but remember that objections can only be raised which falls within the licensing objectives. Any objector would have to prove to the authority that a less restricted licence would lead to disorder or disturbance, and that might be difficult.
Many of the old conditions and restrictions imposed by the justices are not replicated in the new law. You are having to pay a considerable amount to restore your licence, and will have to advertise it on the premises and in the local paper. Approach the form completion in a reasonable way and tailor it to your needs. As long as you think about meeting the licensing objectives you should be fine.
One last point: remember you will need a new personal licence and that means taking one of the exams. For personal licence holders if you also failed to make that application in time.
Period after time called
Q I understand that after 'time has been called, there is an additional period of 20 minutes for drinking up. But after that, must customers actually leave the premises, or if no alcohol is being served or consumed may they stay in the bar for an indefinite period, or is it only for half an hour?
A There is nothing in the Licensing Act requiring customers to leave licensed premises at any time of the day. However, it is clear to me that many police forces believe that there is some form of legal obligation on the licence-holder not to allow customers to remain, and this view has made its way into the minds of people within the trade.
Certainly, a period of half an hour is not mentioned in the act in this context. The main obligation is for the customer to finish his or her alcoholic drink within a period of 20 minutes following the end of the permitted hours allowed by law.
The police are suspicious about former customers lingering on the premises with 'no drinks, but no law is being broken. This is why some forces are insisting on pubs putting in a 'closing time on their new premises licence application, so that people will be forced to leave the premises at a specific point.
Rescue licence for club
Q Recently we were in court when a licensee was 'rescuing a local club by applying for an occasional licence for them when they have forgotten to renew their registration certificate. Surely this practice is entirely illegal, as occasional licences must be for special occasions for the licensee alone?
AThat assumption is not true. Although this is an unusual use of the occasional licence provisions, it has been judicially approved, in a case decided in 1984. It means that it appears to be quite in order for licensees to embark upon a rescue operation of this kind, at any time up to the second appointed day.
