Licensing@aol.com
Eject with care
Q I have been told that you can still use force to eject someone from a pub but a friend in the trade has said that I could be in trouble with the law if I or a member of my staff lays hands on someone. Who is right?
A Where there is a disturbance among those people already in the pub, the new Licensing Act gives the Designated Premises Supervisor (DPS) or the person in charge a right to request such a person to leave the premises. Failure to do so without good reason is then an offence.
There is, in fact, no mention of force in the 2003 Act as there was previously in the 1964 Act. However, a police officer may "help to expel" a person from the premises when requested to do so. The Act makes it obligatory for a constable to comply when summoned by the licensee to assist in the expulsion, because the person concerned has wilfully refused to leave the premises when asked to do so.
This is why, in many cases, the policeman concerned will ask the holder of the licence, or the manager, to repeat the request to leave to the offender in front of him, so that the refusal to go is obvious. Then he may be charged for an offence. Similarly, if he refuses to leave yet again. In this context expulsion probably means using reasonable force, if necessary.
However, there have been cases where licensees and security staff have been sued or charged with assault, so great care should be taken in using or condoning any form of force. It is best to call the police if things are likely to get physical.
Good Friday change
Q Currently, my licence has a restriction on Good Friday to operate Sunday hours, because we did not change them on transition. Could I use a temporary event notice (TEN) to extend the time to "normal" weekday closing?
A You could, if you wanted to and were prepared to stump up £21 just for an extra half an hour or so. That is a commercial decision. A TEN is not restricted as to days of use, and the only objection can be from the police on grounds of crime prevention (including disorder), which is unlikely in your case. Remember to make the application well in advance to allow for the ten working day period of notice.
I assume that you decided not to change your existing hours when the new Act came into force, because most licensees will have removed the Good Friday restrictions by means of variation. When you next consider varying the licence (which is expensive), put a note to amend the hours generally on Fridays and it will over-ride the restriction.
Fee is not a renewal
Q Due to change-over of responsibilities we have not yet paid our renewal fee for the premises licence. Now we are threatened with court action. Will we lose the licence as a result?
A You are being pursued for debt by the local council's finance department, not the licensing authority. Although they have overall responsibility, the failure to pay the annual licence fee is no longer under their control: it becomes a civil debt, like council tax, and enforcement takes place in court.
There are various ways in which a premises licence may be lost, but the licence itself cannot be reviewed solely because the annual fee has not been paid. The court has no power to do anything about the licence, as the action is only concerned with forcing you to pay the fee (plus any additional costs which the council has incurred).
