PubChef's legal surgery
In the first of a new legal surgery, Graeme Cushion, a partner at licensing
solicitors Poppleston Allen, answers your food legislation questions
Q I have just been subjected to an inspection of my kitchen by an
environmental health officer (EHO). He has served me with a prohibition notice requiring me to close down my kitchen until he revisits in two days' time to satisfy himself that I can reopen. He is saying that he has found evidence of mice infestation. What should I do?
Graeme says: You need to get a pest control company out to your pub immediately to determine the extent of the problem. They will be able to set bait and traps and, hopefully, determine where the mice are gaining entry to your premises. They should also be able to block off these avenues of access. Obviously, you will also need to clean the kitchen
thoroughly from top to bottom.
Assuming you can satisfy the EHO that this issue has been taken care of, he should allow you to reopen. This may not however, be the end of the story. You may be invited to attend an interview under caution to determine whether you took adequate steps to prevent this problem arising in the first place.
The sort of questions that you should be asking yourself are whether you had an effective system of pest control in place prior to the discovery of a problem and whether you have adequate on-going systems for the regular cleaning of the kitchen.
A lot of interest may be taken in how well-trained your staff were with regard to those systems. It is very important to take legal advice on these sorts of issues, as the financial penalties on conviction in the magistrates' court can be very punitive.
Q I run a village pub with an extensive food offering. To boost trade I want to hold a few evenings tailored to particular cultures. I will offer relevant food, but also want to be able to have some musicians playing. The first will be a salsa evening with Mexican food and music. My premises licence only permits the sale of alcohol and late-night refreshment. How can I ensure that musicians will be able to play at these evenings?
Graeme says: If you simply want to test the water, apply for a temporary event notice (TES) for each of the first few that you do.
Such an application is simple and requires 10 working days' notice to be given to the licensing authority. There is a fee payable of £21 and it is unlikely the police will object.
If the evenings take off and you wish to hold them more than 12 times per year, you can apply for a variation to your premises licence to encompass the necessary live music.
Background
When the Licensing Act 2003 came into force on 24 November 2005, it unified a whole host of previous legislation that governed licensed premises.
A premises licence is now required from the licensing authority to sell alcohol, provide regulated entertainment or, indeed, sell hot food between the hours of 11pm and 5am. While partnership with the relevant statutory bodies is encouraged by the operators of licensed premises, there is also an array of statutory powers available to those regulatory bodies enabling them to better control operators whose standards are not up to the required level.
It is important, therefore, to be aware not only of the regulations under the Licensing Act 2003, but also of your obligations under other legislation such as the Health and Safety at Work Act, the Food Safety Act and the Weights and Measures Act. You are expected to have trained your staff adequately and carried out the necessary risk assessments to make sure that your premises operate in a smooth manner.
Poppleston Allen is a leading
UK licensing practitioner
