Measuring up

As members of the licensed trade you will be in no doubt that you are entering into - if not already firmly ensconced in - a significantly more regulatory environment for pubs. While licensing reform means you have more than enough to think about at the moment, you still have to remember to comply with health and safety legislation, food safety legislation, weights and measures and trade descriptions.​ For instance, there seems to have been an increase in visits by trading standards officers carrying out random testing of spirits to ensure they have the correct alcohol content and it is surprising how many venues have been found to be deficient.

Fines in relation to such cases can be up to £20,000 per bottle - and that's just in a magistrates' court. In the Crown Court fines are unlimited.

The answer for the pub operator lies in due diligence systems. Virtually all these offences carry a due diligence-type defence, in that if the licensee can demonstrate they have taken all reasonable precautions to prevent the offence, they will be found not guilty - or not prosecuted at all, with a bit of luck!

The essence of a due diligence system is that you and your staff must be adequately trained to spot problems that give rise to offences under the law. This training must be documented so that an impartial observer is able to see for themselves that the training has occurred, rather than having to rely solely on your word or that of your staff. Records need to show who was trained, when they were trained and the exact content of the training session.

And that training should not be a one-off exercise. It is human nature for people to forget the things they have learned, especially when they do not need to practice them on a daily basis. Refresher training is essential and there should be a documented record of this too.

As a further layer of protection, audits must be performed on a regular basis to make sure all necessary training has been carried out. If there have been oversights they need to be rectified as quickly as possible.

Remember that the consequences of falling foul of these types of legislation are not just serious in terms of prosecution and fines. It all adds additional cost and stress and repeated breaches of the law may result in the loss of the cornerstone of your business - your ability to sell alcohol.

Due diligence checklist​

• Ensure all staff have been trained in their legal responsibilities regarding health and safety, food safety, weights and measures and trade descriptions
• Ensure all training is clearly documented, signed and dated
• Ensure that training is carried out through an official course and is not just an informal chat during a meeting
• If you use doorstaff, consider having some of your management team trained and registered with the Security Industry Authority
• Carry out regular checks that training records are up to date and no-one has been missed. Record your findings.