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Early opening permission

Q We have discovered that this pub had a "general order of exemption" for early-morning opening, but this was not realised when the transition went ahead, so it was not mentioned on the form. Can we go back to the licensing authority now and ask for it to be included, or can we just use it anyway?

A I am afraid that the transition period is now over (except for those who are still waiting for their licences to be issued!) and therefore it is not possible to re-visit the application process because of an oversight.

The obligation was on the holder of the existing justices' licence to apply for "grandfather rights" based on the permissions held at the time. Licensees had to enclose with the application any other extensions or permissions to be taken into account. Many licensees had to go back to the justices for of relevant permissions because they had mislaid them.

The licensing authority can only grant the new premises licence based on what they are supplied with, even though some councils were able to obtain the licensing register from their local clerk for checking purposes. I did hear that licensing officers were able to nudge some licensees who got their applications wrong in this regard — largely because not everyone knew exactly what permissions were in place.

You cannot use this extension as of right, because it was extinguished on 24 November last year. The only way you can resurrect it is to apply for a variation, which will mean a full application form, a new fee and an advertisement in the local paper. If you think it is worth it, then go ahead.

Free glass of water

QAre we obliged to provide a glass of drinking water free to anyone who asks for it? A customer has shown me an article that implies that you must.

AAs you run a public house, not a night-club, restaurant or hotel, it is unlikely that there is any obligation on you to provide drinking water free on your premises if you do not wish to.

Certainly there is no legal obligation on the holders of new premises licences to provide this service, although the vast majority would do so if asked. It certainly cannot be made a condition of the licence, although in the case of late-night discos it may have been included as a condition of the public entertainment licence carried forward on transition.

In the past, customers might make a claim of this type because of the wording of Part IV of the old Licensing Act. This stated that it was an "implied condition" of the grant of any restaurant or residential licence that suitable beverages other than intoxicating liquor (including drinking water) were equally available for consumption with a meal, so that a diner is not forced to have alcohol if he or she does not want it. But this subsection cannot be imported into an ordinary converted premises licence so as to oblige public house licensees to give away free glasses of drinking water on demand.

Soft drinks after calling time

QAre soft drinks covered by the hours on our premises licence?

ANo, the licensable activity is the sale of alcohol, not the sale of other goods. This means soft drinks may be sold and consumed after the times on your summary.

However you will be bound by any opening hours that have been properly inserted on your licence. So there may be a time when members of the public should not be allowed to remain on the premises.