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Drinking-up at TEN
Q What is the drinking-up time on a Temporary Event Notice (TEN)?
A Interesting question. There isn't one. If you look at the form, you will see that it enquires as to the times that you intend to carry on the "licensable activities" during the event. Those are the times you specify as when you intend to sell alcohol, and you must keep to these. Selling outside these times would be an offence.
However, there is no box on the form for consumption of alcohol, as this is not a licensable activity. It follows that the right is open-ended, because the premises user does not have a direct responsibility for terminating the consumption. However, to avoid any suggestion by the police that disorder is occurring that might jeopardise a later TEN, fix a drinking-up time yourself, if only for the purposes of clearing up and reclaiming all your glasses!
Club stewards' authority
Q Does a club steward have the right to refuse service to a member? He is not the licensee and takes his orders from the membership. What authority does he have?
A A members' club operating under a club premises certificate does not require either a Designated Premises Supervisor (DPS) or a personal licence holder. The authority for the supply of alcohol to members and guests rests with the committee of the club, as the certificate is granted to the club as a whole and not to an individual.
It is the committee that employs the club steward on behalf of all the members, so any authority that he has in relation to the supply of alcohol is derived from them and also from the rules of the club, which are binding on all members equally.
It is usual for the committee, either expressly in the job description or contract of employment, or by reason of instructions given, to provide the steward with a discretion to refuse service to a member in circumstances which might render the club liable to prosecution or might be contrary to the rules. Most rules ensure that drunk or disorderly conduct is a disciplinary matter that can lead to suspension or even expulsion. The steward, therefore, has delegated authority from the committee to refuse service in circumstances that he thinks warrant it.
Any member has the right to take grievances to the committee or its representative, but a member cannot demand service as of right.
Children still banned
Q Someone has shown me a copy of their new premises licence which appears to state that children under 14 are prohibited from the bar area. I was under the impression at another pub that this was no longer the law. Why is it different?
A Because some councils have taken the rather misguided view of one particular lawyer that the "old" law carries forward on converted licences, unless the restriction has been specifically removed, or there was a children's certificate in existence.
Most of these types of condition can be effectively removed on variation, but if no variation was applied for on conversion, it is an expensive method of dealing with this single problem. Many other lawyers consider that the condition as worded is unenforceable and I have not been made aware of any prosecutions on the point.
The new law is that children of any age are allowed in the bar at the licensee's discretion, but that any under 16s must be accompanied by an adult.
