Charges and applications
Q We have been told that if we have extended the types of entertainment on our application form for variation, then we will be charged more by the Performing Right Society (PRS) and Phonographic Performance Limited (PPL), who already have high annual charges for this pub, even if we are not actually using the entertainment and times listed. Is this true, and are they allowed to charge on the licence permissions?
AI do not know where this story comes from, but it does not reflect the true legal position. I am sure PRS and PPL are keeping a careful watch on the situation with regard to pubs extending their entertainment, in the light of claims from some licensees that all they have is 'a radio behind the bar'. They may well use the licence application as an indicator of what is likely to be going on in terms of musical entertainment.
It is true that applicants have been advised when they are varying their premises licences to put down what they might be is a position to use in the future, rather than what they do now. This may on paper look like a massive increase in the musical offering, if taken at face value.
But the copyright tariffs have to be based on what is actually being performed in public, not what the licensee writes down on his or her form.
If the form has 'live entertainment' listed, but currently there are no live acts being put on, then there can legally be no charge levied for such activity. The societies must demonstrate that copyright performance is taking place without the relevant licence before taking action against the premises.
Remember that this form of copyright licensing is distinct and separate from the premises licence itself. Listing entertainment on the form and paying the local authority fee does not cover the pub for either the PRS or PPL licences, which are payable separately.
Off-sales of draught wine
Q Could you settle an argument for us? I maintain that public houses cannot sell draught wine to customers in their own containers because no off-sales may be made in open vessels. Is this true?
A There is an interesting difference between the obligations of an off-licence holder and an on-licence holder in this respect.
It would be permissible for the holder of an on-licence to sell jugs or carafes of wine which were refillable, but not the holder of an off-licence. This is because section 164(4) of the Licensing Act 1964 specifically prohibits any spirits or wine from being sold from an off-licence in an open vessel.
However, it seems to me if the container was not open, because it has a stopper or screw top, then this section would not be infringed. There is no definition of what constitutes an 'open vessel', but I would assume that a jug or carafe which was presented by the customer for filling would fall within the definition.
Certainly, pubs and off-licences are both entitled to sell draught beer for consumption off the premises, as long as there is a correct measurement of the liquor at the time of sale. The measurement requirement would, of course, apply to all alcohol sold in this way, if a specific quantity was requested or advertised.
Again, this appears to be an area completely overlooked under the new licensing laws, except in the case of members' clubs, where off-sales must be made in a 'sealed container' under the Licensing Act 2003.
For other premises, there appears to be no such restriction at all.
