Licensing@aol.com

Appointing a deputy

Q Is there such a thing as a deputy DPS? Our local officer says that when I am away I should appoint someone to take over the role of DPS and should let them know who it is.

A I have to tread carefully here. First of all — no, there is no such thing as a deputy DPS or holiday DPS. There can only be one designated premises supervisor, who holds a personal licence. He can delegate his responsibilities, but not his role. I think your local officer is pushing a bit too far to imply that holiday leave must be notified, although if he is merely suggesting that he needs to know who is actually in charge while you are away, then no harm there. Any suggestion that it is some form of requirement to appoint an actual stand-in and to notify the council or the police in advance is not legally valid.

Good liaison with local officials is

important, so an email or phone call can do no harm and, in fact, shows due diligence.

Licence for the radio?

QWe do not have live entertainment in this pub, which is mainly food-led, but during the day the staff in the bar area and the food preparation room like to listen to the radio, especially when we are not too busy. There has now been a suggestion that we need some form of entertainment licence, because it might be heard by customers. Is this true?

A No, it isn't exactly true, but you will need a copyright licence. A public entertainment licence is not required for reproducing radio broadcasts, even if they can be heard by your customers. They are specifically exempted under the Licensing Act 2003.

However, there seems no doubt that a Performing Right Society (PRS) licence will be required, even for a radio predominantly used for the benefit of yourself and your staff. They administer the rights in music, including jingles and other incidental music used on radio, and although the radio station also pay them for playing the music in the first place, they can also charge you for allowing it to be heard by other people.

It is true that they do not charge for

domestic occasions or personal use, but as soon as there is any public performance, then they have a right to insist on a licence, and they will pursue you hard if you do not pay up.

Wine bottle quantity

QAm I obliged by law to put the size of wine bottles on my bar menu? We sell wine by the bottle and glass on a regular basis.

ANo, you are not. Although the normal bottle size for wine is 70cl, there is nothing in weights and measures law which requires you to indicate the actual size per bottle, although you should indicate half-bottles, if you sell them, and you must indicate the quantity used for wine by the glass as 125ml or 175ml, or both.

Wine sold in carafes, however, should have a quantity marking on the menu or wine list.