Licensing@aol.com ...
TEN reasons to be worried
QCan you settle an argument for us? There is a local hall used for functions that is licensed for entertainment but not for alcohol. I hold a licence for a nearby pub and have been asked to cater for a function next month. There is an event taking place the night before, run by someone else under a temporary event notice (TEN). I have been told because it is less than 24 hours between the two, mine cannot go ahead.
A This is not correct. It is true that there is a requirement for a minimum of 24 hours between two TENs for the same place, but this applies to the same premises user, not the premises.
The Licensing Act 2003 is fairly clear on this point, although the wording is, as always, rather complicated. Two individuals, who or may not be the holders of a licence, can give notices to the licensing authority in respect of successive days, as long as they are distinct and separate in business or family terms.
It is up to the authority to decide whether the second notice-giver is an "associate" of the first. If they think the relationship is too close, then they will declare the second notice void.
In your case, it is clear that you are not directly connected in business terms with the other person, nor I assume is he a close relative or an employee. As such, you are not barred from seeking to use the premises on the following night.
The issue might be raised if you were both managers for the same operating company, although running different pubs. I do not think the restriction would apply even then, because of the wording of the relevant section.
Hidden handpump concern
Q I often use a handpump in a different bar for premium ales, which I admit is out of sight of the customer. Is this technically illegal under the new law? Must the customer see the actual pouring?
A The answer to this question has nothing to do with the new licensing laws, which have not affected the rules on measuring equipment in any way.
The customer does not have to see the pouring, and certainly not with handpumps. The rule on visibility only applies where metered dispense equipment is installed and consequently unstamped glasses are being used in the premises.
Under weights and measures legislation, the requirement for stamped glasses is dispensed with as long as the dispense point "...is installed in such a position that the delivery of the liquor into the container can readily be seen by customers in that part of the premises where the buyer ordered the liquor."
So with metering equipment, the customer is entitled to see his pint poured in front of him, so that he can be sure that a full measure has been dispensed from the equipment.
Police prohibition poser
Q Is it true that the prohibition against serving
the police with refreshments has been
repealed?
A Yes, it is. Although many readers will have learnt this important rule when they took their NCL examination, it is no longer part of the law, as the relevant section of the Licensing Act 1964 was not included in the new legislation.
I assume that it is considered a matter for disciplinary action within the police force, rather than a penalty for licence-holders in the future. A number of the minor restrictions of the old law, such as this, have been removed from consideration simply by omitting them from the 2003 Act, which meant they died forever on 24 November 2005!
