Licensing@aol.com
Surrender of a licence
QIs there any way a licence can be surrendered? We no longer need one of the licences which we obtained prior to the new licensing laws and the council is now pressing us to pay the next annual licence fee.
A There is provision in the Licensing Act 2003 for the surrender of a licence by the holder of that licence (which can be an individual or a company).
You must give notice to the authority that issued the licence and enclose the premises licence itself (or give a reason why you cannot do so). On receipt of this notice by the council, the premises licence will lapse.
There are one or two points to be made about this. The first is that the surrender can only be effectively made by the actual holder of the licence, not the tenant or
lessee where the licence is held in the name of the operating company or landlord. Even if the physical copy of the licence is in the leased premises, it is not 'owned' by the tenant. Only the actual holder can surrender.
Secondly, you say that the annual licence fee invoice has been issued. This probably means that it is, or was, already due for payment, and as the licence has not been effectively surrendered yet, the fee is technically still due and payable. You need to explain to the licensing authority that it is not used and has not been used during the 'second' year, in the hope that they will cancel the charge (which they are not obliged to do).
Age no barrier to licence
Q Is it true that it is not legal to hold a premises licence after you are 65? This would make it impossible for older licensees to run pubs in their own name.
A I think people like Sir Alex Ferguson, (who does not own a pub, as far as I know) would be very unhappy at this suggestion. A retirement age has not been inserted into the Licensing Act.
The only way in which this is relevant is if a brewery or other trade employer sets a retirement age. Under current employment law this is perfectly permissible, with certain conditions, although age discrimination rules will also apply.
As far as the licensing authority is concerned, though, a licence may be held until it is forfeit or surrendered. In the Licensing Act, mental incapacity can lead to lapse of the licence, but this would not normally apply to people as young as 65.
Measures for cider
Q We have flagons of cider in our pub, from which we pour glasses on demand for customers. Do the regulations on pints and half pints as legal measure apply to cider as well as beer?
A The answer is a clear yes. Weights and measures regulations apply equally to draught cider and draught beer.
This means that any form of dispensation of cider by a free-flow system, including pouring from a flagon or counter-container, requires the drink to be sold in a stamped capacity measure of the quantity.
It would be illegal, for example, to dispense cider freehand into a 12-ounce goblet where a half was requested by the purchaser, unless that goblet was lined and government-stamped at the 10-ounce mark.
When cider is bottled, the restrictions do not apply and oversized goblets may be used. But any form of draught dispensation requires the same care and attention to measurement as for beer.
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