Licensing@aol.com ...MA legal expert Peter Coulson answers your questions

Relief manager licence

QI operate for a pub company as an assistant manager, and have always done the relief when the manager goes on holiday. As I do not have a personal licence, will I be breaking the law this time under the new Licensing Act 2003?

AThere is no doubt that this remains a contentious issue in some areas, and again, different views are taken.

My own opinion is that it was intended that the new

law should replicate, insofar as possible, the old system of delegated authority, and the Act was drafted to reflect this.

It is a condition of all licences under the new system that every sale of alcohol "must be made or authorised by a person who holds a personal licence." The Act says nothing more on this point, and certainly does not say - as it could have done

- that the personal licence-holder must be present on the premises when these sales take place.

The Government clearly recognised the practicalities of running a business that opens for many hours, and that there were likely to be times when the licence-holder was away. Again, nothing in the Act states or implies that another licensed person must take over in such circumstances.

A letter from the DCMS suggests that delegated authority may be given by the personal licence-holder to someone in his absence, on the understanding that he retains responsibility for what occurs there. As you are an experienced manager, it seems appropriate to delegate to you in these circumstances.

Not serving a drunk

QWhat happens if a customer buys two drinks and gives one of them to someone who later turns out to be drunk? I haven't served the drunk person and do not know he is in the pub. Is there any offence

if the police find him on my premises?

AThere are two offences contained in the new Licensing Act. They are: selling liquor to a person who is drunk

or allowing alcohol to be sold to such a person.

Any member of staff can be charged with either of these offences, or even both, depending on the circumstances. It may be that the police do not have sufficient evidence of a sale, in which case they will proceed with the first charge.

There is also an offence committed by the purchaser, of knowingly attempting to obtain alcohol for someone drunk.

In the case you describe, the drunk person did not himself attempt to buy alcohol. However, under previous legislation, it has been held that where a drunk and a sober customer enter licensed premises together, and the sober man orders liquor for both, this will amount to sale to the drunken person. The onus is on the DPS and the staff to prevent drunkenness and they must take steps to ascertain the condition of customers.

If the police find a drunk person on your premises, they may take action under the Act. It will be up to you to prove that you did not know that the person was on your premises and that you took all reasonable steps to prevent drunkenness. It will be a question of fact for the court to decide whether you

acted reasonably, or were lax in supervising your customers.

Variation of licence

QIf you vary a licence, does the annual fee run from then or when the premises licence was obtained?

AA variation does not "re-start" the licence period

and you cannot avoid paying the annual fee on the anniversary of the date on which the licence was first obtained. But the government may fix a universal renewal date later this year.