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Traditions die hard

QI have a running dispute with a customer who is a historian and has written a book about pubs and inns. He maintains that until I have actually called 'time' he is entitled to demand to be served and I cannot refuse him. I have explained that the law has changed but he maintains that this does not affect the common law. Is he right?

AThe simple fact of the matter is that the calling of 'time' is merely a tradition and has no legal basis at all. It is the landlord's way of conveying to his patrons that no further service will take place and that they should drink up those drinks which they have already purchased and make their way home.

All the law now states is that the pub must comply with the terms of its premises licence with regard to time. This means that at the agreed terminal hour all sales

of alcoholic liquor must cease, unless there is an extension (TEN) in operation. It is an offence for a licensee to sell or supply liquor after this time, except in certain strictly limited circumstances to residents, private friends or employees.

The sale of liquor only takes place when the contract is made and the 'demand' of your customer is in law an offer to make a contract. You, of course, must refuse to

accept it, if the demand is made outside your agreed hours. He has no entitlement to insist on you breaking the law, and you should point this out. Also, this dispute has nothing to do with innkeeper's liability or residential status. Put him straight on this!

Staff snacking on duty

QI have recently been employed as a bar manager in a sports complex and cannot seem to convince the current staff that it is not permissible to eat their own food behind the bar while serving members and centre users. Can you tell me what I should say to convince them? They say these rules do not apply in sports clubs.

A Really, it is not just a question of saying it. You must enforce good hygiene practices, or you risk eventual prosecution under the Food Safety Act.

Under the relevant regulations, persons working in food rooms, which include pub and club bars, must use hygienic practices, which include refraining from smoking,

spitting, eating or drinking while handling food to avoid the risk of contamination from saliva transferred to hands.

The suggestion that the sports complex is not covered by the same hygiene rules is just not true. This law applies across the board and they are not exempt. This is a legal issue which could rebound on you. I think you should make it a strict rule that staff should not eat behind the bar and they should wash their hands after meals and before re-commencing service.

Credit once again

QI thought you said that credit sales were now legal? My colleague has shown me his premises licence which clearly states the 'old law' word-for-word. Is he bound by it? There is no mention on my licence.

AThe 'old law', as you call it, was not repeated in the Licensing Act 2003 but some misguided people were given to understand that all the offence provisions could be imported if they related to sales

of alcohol.

This has since been rescinded in many

areas, and licences have in a number of cases been amended to remove this

restriction. Credit sales are no longer illegal and it is highly unlikely that any prosecution could be successful on this point.