Licensing@aol.com
Sign of the times
Q Our pub is off the main road and I want to put up a sign at the end of the lane to direct people to the pub. The landowner is a regular and has given me permission to do this, but I have been told that it may be illegal, unless it is positioned on a moveable vehicle.
AThe issue of advertising signs varies greatly from one area to another. In some places, it seems, anything goes, while in others, you have to fight all the way for a small direction indicator.
From the legal point of view, two issues are raised by the positioning of such signs: one is obstruction of the highway, which can be a criminal offence and would involve police action. The other, more commonly encountered, involves local authority planning permission for erection of the sign.
Local authorities have power to control the types of buildings erected or changed, as well as signs, notices and illuminations used on the exterior of the premises and on the highway or adjacent to it.
Public houses need to attract passing trade, but several have run into trouble by erecting signs without first obtaining the necessary planning permission. Local authorities have the power of veto in this area, and can forbid erection of signs which they consider an obstruction, potentially hazardous or a distraction, or order removal if a sign has been erected without consent.
Non-compliance with a council instruction could render the offender liable to court action and in the case of signs, notices and equipment such as satellite dishes, a fine can be imposed for each day the offending article remains in place. You should certainly make careful enquiries before going ahead.
Pool as a sporting event
QPlease clarify whether a pool competition between two pubs counts as entertainment within the terms of the new licensing laws, and whether we would need an entertainment licence.
AYou are referring to the definition of "indoor sporting event" contained in the new Act. At first sight, it appears that any pool contest or match involving spectators could be caught. But the earlier definition of "entertainment" requires that it should take place in the presence of an audience and "is provided for the purpose of entertaining that audience".
Normal pool matches in pubs may attract spectators, but their purpose is participants' entertainment. In my view, that means it is not a regulated entertainment under the terms of the Act.
So the answer is, unless you intend to run a number of exhibition matches and other audience events, you will not need to vary your existing premises licence to continue with pool competitions in your pub.
An under-16 helping out
QAt one end of our bar we have a food servery. My 15-year-old daughter helps by serving when her mum is in the kitchen. Is it the case that she cannot serve customers unless I am present? I am the DPS and a personal licence-holder.
AIs she serving alcohol, or just food? If only serving the latter, there is no requirement for every sale to be authorised by an adult. The requirement in the Licensing Act is for sales of alcohol to be supervised. Working on other activities, such as catering, clearing tables, washing up or stocking the bar is not prohibited for young persons working alone. Even if you are out of the bar, the law permits your daughter to serve food, but this does not apply to any alcoholic drinks.
