Licensing@aol.com
Getting a head under pint law
QDoes the law on full pints of liquid apply under the new Licensing Act, or can we still allow for the head?
AThis has nothing to do with the new Act at all, although I have heard some customers suggest they can report short measures to the licensing authority.
In truth, this is still a matter for weights and measures inspectors — or trading standards, as they are more often called. They can still inspect a variety of measures used in a pub, and can also carry out spot checks to ensure the correct amount is being given, and that the advertised product is being supplied.
Periodically, local officers carry out surveys of pubs in their area and then publish the findings. Very rarely, a licensee may be taken to court, but usually only if equipment is found to be defective or if there is a history of short measuring.
As far as pints are concerned, the situation is still that pubs should comply with the British Beer & Pub Association code of practice, ensuring that a top-up is given if requested, but that all pints should contain at least 95% liquid, with the remainder as the head.
Banning notice breaches law
Q We have had some trouble with a new travellers' site that has been started near our pub. We want to know if a "no travellers" sign would be allowed?
A The sign "no travellers" has been held to be a discriminatory action contrary to the Race Relations Act. Gypsies have been a recognised ethnic group in England and Wales for the purposes of race relations legislation since 1988, and Irish Travellers since 2000. The Commission for Racial Equality has particularly targeted "no travellers" signs in several areas.
It is, therefore, inadvisable to put up a new sign of this kind. You can, of course, ban specific individuals or groups from a site if you have trouble. It's a good idea to share your problem with the police early on.
Post gig booze for bands OK
QCan I, as landlord, still buy a drink for the band after the end of the hours stated on my premises licence?
AYes, you can, as long as that concession was carried over from the previous regime. It was part of the old licensing law, always assuming that you genuinely made a gift of the drinks to them.
Some licences, which have been issued under what have been called "embedded restrictions", still contain a complete
re-statement of all the old laws, which seems perverse, but which at least spells out the concessions, including the
relaxation for residents and for private friends of the licensee.
I think licensing authorities have been misled on several of these issues, but as far as I know, no police or local authority have tried to clamp down on the old concessions, and I am sure that as long as the rules are adhered to, you will be exempt.
