Licensing@aol.com
Raffles must include details
QWe have been asked to sell raffle tickets for the local Rotary club in aid of a local rugby player who broke his back. They have provided a sheet of A4 paper with a list of numbers and space for name address and phone number, but no other information. Should there be any other details on the sheet, such as draw date, charity number, prizes and so forth?
AI have always advised that the greatest care should be taken by licensees when it comes to anything involving betting or gaming. This is a good example of a well-meaning group with little grasp of the law.
You cannot run a proper lottery on a blank A4 sheet, unless it is a small-scale instant draw in the pub itself among customers. Even then, some details have to be spelled out by the landlord, so that people parting with their money know what is involved.
Under lottery law, anyone selling tickets or chances to the public must be registered with the local authority and have properly-printed tickets with specific information (date of the draw, promoter and so forth). They must also make returns to the council within three months of the draw taking place, so that everyone knows what has happened to the money.
What the Rotarians could do is to ask you to hold a draw in your pub for a specific prize and donate the proceeds to their appeal. But the way they have approached you is totally illegal, even though it is for a worthy cause.
Part-timers' employment rights
Q I have recently taken over a pub that I wish to modernise, but some of the staff are part-timers of the older generation, which does not fit in with my plans. I want to get rid of them, but my business partner says I may get claims for unfair dismissal. I had assumed it was only full-time workers on PAYE who were covered. Who is right?
AYou are making a wrong assumption. Many of the employment laws now cover both full and part-time workers, however many hours they work for you on a regular basis.
In the old days, part-timers were treated less favourably with regard to redundancy and other rights. Now, they have to be given equal status with full-timers and you should not really distinguish between the two.
This does not mean that you are not entitled to dismiss them, but you must be prepared for a claim either in respect of redundancy payments or for unfair dismissal. There are an increasing number of claims made in the licensed trade, as employees get to know their rights better. You would be well advised to obtain and read some of the literature that is available from the Department of Employment, which covers dismissal of staff.
Responsibility for annual fee
QI am leaving my pub shortly, but last November I paid a fee to the council for the full year. Can I claim back part of it, or do I claim from the incoming tenant?
AThe annual fee for the premises licence is charged to the premises licence holder. If that is the operating company, and they passed it on to you, then you can attempt to obtain a proportion from the incoming tenant or lessee. If you paid it direct as the holder of the premises licence, then again you can ask the incomer to take a proportion of it. But as the charge was levied quite legally while you were in control of the premises, you cannot claim a refund from the council, as they cannot re-charge a proportion to the new tenant.
