Licensing@aol.com
Can kitty go beyond hours?
Q We have had a major debate here about the pre-Christmas practice of setting up a kitty behind the bar. If the fund is not finished when the terminal hour is reached, can drinks continue to be supplied, because they have effectively already been 'paid for' during licensed hours? We have already agreed that the actual consumption is OK, but it is the pouring of the drinks that we are not sure about.
A And it is the pouring of the drinks
that gives you the answer. What
happens at that point is that the alcohol is "appropriated" to the sale, and this means that the sale is made at that moment. Prior to that, all that has happened is that an amount of money has been provided for an undetermined number and type of drinks, no sale has actually taken place. When the order is placed to the bar staff, and they move to fulfil that order, the contract is made, and the timing of that is the critical point.
The situation has, of course, been
confused by the abolition of drinking-up time, so that consumption outside the hours stated on the premises licence is not
technically illegal. But the sale of alcohol during that time most definitely is. The staff should be under strict instructions to fulfil no more orders when the cut-off point is reached. Clearly, if a temporary event notice is in place, hours can be extended for special parties beyond those stated in the licence. But otherwise, sales should stop.
Case sales abolished
Q My son visited a video store near here and there were packs of lager in the corner. The owner said that he did not need a licence because he was selling in wholesale amounts (ie, one pack per customer). Is he exempt?
A He is going to get a visit soon! It is true that under the old law, dealing in
wholesale quantities did not require a
justices' licence and so could be considered exempt. But under the 2003 Licensing Act, the whole definition has been changed. Now, it is only possible to deal wholesale in the true sense — to traders and licensees for business purposes (and to people who are going to run a bar under temporary event notices). Selling in any quantity to members of the public requires a premises licence. Selling without such a licence attracts a maximum fine of £20,000 or the possibility of up to six months in jail.
Change of address
Q Our head barman, who holds a personal licence, is moving to a new house outside the borough. Do we need to notify anyone?
A You don't, but he does. It is a legal requirement for the holder of a personal licence to notify the council that issued the licence of any change of address. This is
written into the Licensing Act. Failure to do so is an offence and risks a fine of up to £500. He does not need to notify the "new" council where he intends to live, as they have nothing to do with his personal licence. It stays with the authority that granted it for ever more, and will be renewed by them in nine years time, if he still wants it.
