Licensing hours and private entertaining
Entertaining friends
Q Can you tell me whether after 24 November the landlord has a right to entertain private friends after hours? I cannot find it anywhere in the new Act.
A You are correct that the same wording is not included in the new law at all, but this does not mean the right has been removed.
The reason is the technical abolition of 'permitted hours. As you know, a fixed set of permitted hours has been abolished, as has drinking-up time, extensions and similar provisions based on stated times. In future, two pubs in the same street may have different agreed times of opening, or may indeed open at different times, depending on requirements.
The other element of the law that has been changed concerns consumption of alcohol. This receives scant attention in the new Licensing Act. The legislation concentrates on the sale of alcohol, rather than anything else.
So although the new law is silent on this specific point, consumption of alcohol by private friends of the licensee outside the actual times permitted by his operating schedule is not illegal. No sale takes place so no condition is being breached, and the consumption itself is not covered by the Act. So it is legal.
What may happen is that the police pay a visit, after the time stated on the operating schedule for when the premises are open to the public, to ascertain two things:
1. Members of the public are not present
2. No sale of alcohol is taking place
We are led to exactly the same two points of the existing law, namely: are they really private friends, not converted customers (and as such members of the public), and is some device being used so that they are actually paying for their drinks?
Sound familiar? That is what the police now do regarding lock-ins. The evidence they produce may lead to a prosecution for breach of conditions of the premises licence, resulting in a fine of anything up to £20,000 and, of course, a possible review of the licence.
Taking over from dad
Q My father has been unwell recently and wants me to run the pub for him more or less full-time. I have not received my personal licence yet, although I am named on it and went for grandfather rights. He is named as the Designated Premises Supervisor. Can I take his place?
A Yes, of course you can. Clearly, you are still operating under the old system and, as you are named on the justices' licence, you have every right to run the premises yourself full-time. If your father is intending to take no regular part in the future, it might be better to make you the Designated Premises Supervisor (DPS) before 24 November.
The procedure for this is slightly simpler than the process you have been through so far but not a lot! You need to sign a form of consent agreeing to become the DPS, then the holder of the premises licence has to fill in another form giving notice to the licensing authority, with a copy to the police and your father. If he is the premises licence holder, you can help him do this. The fee is £23, which must be paid at the time of application. If you have not yet received the copy of the premises licence, phone up the licensing office and tell them what is happening.
If you are at all unsure, enlist the help of the local licensing officer, who should by now know the procedures. As you are already known to the local officials, I cannot think of any reason why the application should not go entirely smoothly. You will then be named on the new premises licence and the summary.
