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Problems with AWP machine QRecently, my staff have drawn my attention to some men who come in to play the AWP machine together. I have no evidence...

Problems with AWP machine

QRecently, my staff have drawn my attention to some men who come in to play the AWP machine together. I have no evidence that they are doing anything wrong, but when they were asked to move, they said they had a right to play during opening hours. Is this correct?

A There is no common law right for any of your customers to use your premises or any of the facilities on them. More

importantly, you have a right to prevent

people from doing anything you think may be either illegal or potentially dangerous.

Some groups of players like to take over a machine to see if they can build up a large payout. There are also groups who try to

conceal criminal activities on such

machines. Thefts of cash and tokens from AWPs are common and you have every right to challenge suspicious behaviour.

If a group has built up a credit within the machine, you can insist that they take the credit and stop playing the machine on your instructions. You still retain the ultimate right to ask them to leave the premises.

Direct employment of staff

QWe manage a leased pub for the

lessee, who takes no part in day-

to-day issues. Under our management

agreement our only obligation is to

employ and pay part-time bar staff. Our accountant has now said that we may need separate employers' liability

insurance, even though the lessee has this in a package with the buildings

insurance. What do you think?

A It is difficult without knowing the full circumstances to give a definitive

ruling, but in general those who employ staff of any kind do require employer's

liability insurance.

You are not, strictly speaking, employing staff on behalf of the leaseholder but on your own behalf as part of a separate management agreement, so it may be that the insurance cover currently in place is not extensive enough.

But I have a suggestion: if you have any doubt about your coverage, the easiest

step is to contact the leaseholder's

insurers and explain the situation. A licensed trade insurance expert has told me that it is straightforward to add in the details of your responsibility for insurance purposes without taking out a new contract. There is no requirement that you should go to a completely different insurer.

Change of opening

QWe have a premises licence until

1am. We normally close at around 11.30pm. Before Christmas we want to open the full-time. Do we have to notify the police?

ANo, because you are still opening during the periods provided in your new

premises licence. There are some licences

that contain a condition requiring prior

notification to the police for certain days,

but you are not opening for non-standard hours and can, therefore, go ahead as of right.

Related topics Licensing law

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