New guidance clarifies position on personal licence-holders
Licensees have been given the green light to leave their pubs for holidays without facing prosecution after intervention by Culture Secretary Tessa Jowell.
In a three-page letter, the minister has clarified the confusion that has been plaguing licensees across the country who feared they would be forced to close their pubs during holidays.
Her response follows the case of Barnsley licensee Tracy Elrington who had to return from her holiday in Spain after her pub, the Mount, was the subject of a closure order by South Yorkshire Police.
They and other local authorities had insisted a personal licence-holder remain on the premises at all times to supervise the sale of alcohol.
In the letter sent to Eric Illsley, MP for Barnsley Central, Mrs Jowell confirmed that the issue of authorising sales in the absence of the licensee would be clarified in new licensing guidance which is due to be laid before Parliament this afternoon.
She said: "Since the matter was first brought to our attention, we have taken the unequivocal view on the general issue that South Yorkshire Police were wrong in their interpretation.
"We do not consider that 'authorisation' implies direct 'supervision' of each sale of alcohol by a personal licence-holder.
"Our view is that if Parliament had intended to require direct supervision of individual sales, it would have used those terms."
Mr Illsley said: "It looks like common sense is going to see the light of day.
"This is good news for licensees who can now take a holiday without having to worry their pub might be closed down by an over-zealous police force who one would think would have better things to do with their time and resources."
Tony Payne, chief executive of the Federation of Licensed Victuallers' Associations, said: "It's excellent news and it solves the problem. It is very positive and South Yorkshire Police wanted it resolved. We hope now it's in the guidance it's been clarified."
However, Bernard Brindley, licensee of the White Hart in Pailton, Rugby, and chair of the licensed trade's National Parliamentary Committee, issued a note of caution believing it may still take a legal challenge to put this issue to bed.
He said: "We are very pleased Tessa Jowell has come out with this document. We hope the local authority and police adhere to this."
Andy Hymas, corporate communications officer at South Yorkshire Police, said the force had not yet had sight of the letter.
"At the moment we are interpreting the regulations as saying that as long as a licensee leaves someone suitably qualified in charge - such as a personal licence-holder - they can go on holiday when they want to," he said.
