Licensing@aol.com - Peter Coulson 02/11/2006
Does revocation affect employment?
QBecause of financial pressures caused by high rent and expenses, I may be threatened with revocation of my personal licence in the near future and possible bankruptcy. What I need to know is: does that prevent me owning a pub and working in it, even though I have no personal licence? Other people would be involved who still hold personal licences.
AI take it that you have pending convictions for licensing offences which could result in the magistrates revoking your personal licence. This would mean, at the outset, an immediate change of designated premises supervisor (DPS), because you are currently named. But the more interesting point is your future in the trade.
The likelihood of you owning a pub outright in the near future is not great, if bankruptcy looms. But forfeiture of a personal licence does not automatically prevent you being employed in some capacity, either as a manager or member of bar staff, as long as there is a DPS who holds a personal licence.
Although the forfeiture will prevent you holding a personal licence for five years, you can also own a pub, because the provisions do not apply to the grant of a premises licence to you, only to a personal licence.
The police can object to the transfer of a premises licence only if they consider in "exceptional circumstances" that it would undermine the crime-prevention objective. This they may do, if they fear that your conviction indicates a tendency to commit licensing offences. But it is by no means certain, and if you have respectable and responsible people in charge of the pub, then there is no automatic bar.
Zero tolerance on drugs
Q I have been told that because of a new police policy on drugs in this area (ie zero tolerance) if anyone being searched in my pub has illegal drugs I can be charged. How can I be liable if I do not know that people have drugs on them?
A I rather think this is a mixed-up version of what is happening in your area and does not reflect the actual police campaign. However, drugs awareness is an important part of the modern licensee's armoury, particularly if there is any threat at all of dealing taking place in your bar.
The plain truth is that a pub is a fairly obvious place to make "deals". Many of these are by no means illegal, but a pub is a convenient meeting point to hold a discussion or pass over money or goods. You cannot in all fairness ban any type of transaction, unless it is clear trading or an inconvenience to other customers.
What you must do is to instruct your staff if they have any suspicions to report it to you and not to take immediate action unless it is necessary.
The key to understanding the police policy is to contact them yourself, talk to the drugs unit and find out what you can do. Then implement drugs awareness training for your own staff and have a hotline number to the police available. You cannot then be said to be "permitting" drugs or dealing if you take a positive line on this.
Day and night DPS
Q Can I appoint a daytime and evening DPS with a change-over time of 6pm?
A No, you can't. The new licensing system only allows for one person to be appointed to this position on a premises licence. You can have managers holding personal licences for these shifts, but the DPS role is unique.
