Morning Advertiser legal expert Peter Coulson answers your questions

Loss of personal licence

Q I seem to have lost the printed copy of my personal licence when I moved to take up a new management position recently. I have searched everywhere. What do I do now?

A I take it you have retained the small laminated licence, so all is not lost. However, you need to do two things: the first is to report the loss to the police and obtain a reference number from them. Then, you should contact the licensing office at the local authority that issued the licence in the first place and tell them what has happened.

In compliance with the Act, they will need to make certain enquiries from you and be satisfied that you have reported the loss to the police. Once this is done, then they can issue you with a duplicate paper licence, for which you will be required to pay a fee.

It is not necessary in these circumstances to re-take the licensing qualification, which you feared. As long as you can satisfy the licensing authority that you are indeed the holder, which is fairly straightforward with the photocard that you hold, then a replacement can be issued.

Holiday pay when leaving

Q We took over this pub earlier this year with existing staff, one of whom has now decided to leave. He is now claiming pay for holidays - due to him from the previous owners - which he did not take. Our holiday year runs from 1 April and this refers to a time at the end of last year. Are we obliged to pay him an extra fortnight's pay and does the transfer mean we have to take on this obligation?

A My understanding is that accrued holiday pay is only payable on termination of employment and that there can be no carry-over from the previous holiday year.

In other words, holiday not taken during the holiday year is lost and cannot be reclaimed even on termination.

As long as it is clear that the holiday year ran to 31 March for this employee, then you are entitled to treat accrued entitlement from 1 April only, and disregard any previous time. The TUPE situation should not be a consideration, as employment rights such as holiday entitlement will be held to continue 'seamlessly' through the transfer.

Is son's garden pint OK?

Q I have a copy of an article that you wrote three years ago when you said that a 16-year-old could drink in the garden if his father bought him a pint in the pub. My friend has said that this is rubbish and that if a policeman saw this he could charge me with an offence and I could lose my licence.

A It is always nice to be quoted, but I think you should read more carefully. In the article you refer to, I said that the law was being tightened up, and indeed it has. The relaxed view of pub gardens is no longer the case.

At that time, no offence was being committed, because the consumption of beer by a youngster in a pub garden was not illegal. It was only consumption in a bar that was prohibited for those under 18.

Under the new Act, all consumption by under-18s anywhere in the premises is prohibited. So if the garden forms part of the premises, then alas the law can be invoked against you.

There is only one ray of light: did the father and the son also buy one of your pub lunches? If they did, then an exemption will apply, for the youngster can sup his beer as an accompaniment to the meal without incurring the wrath of PC Plod, or your friend!