Licensing@aol.com

Old notices in the bar

QWe still have the statutory

Licensing Act 1964 notice about drinking-up time displayed in our bar.

This notice is out of date, since the new Act came in to force. Should it be

removed or replaced? If so, with what?

A I think the intention was that the new premises-licence summary would take the place of the 1964 Act notice, but of course the premises licence may well be silent on the question of drinking up.

There is also the point that the old

combination notice, which a number of pubs continue to display, also refers to weights and measures, together with some gambling restrictions. These are part of different Acts and may well still be relevant.

Drinking-up time no longer exists,

unless you have unwittingly allowed it to be included as a condition on your premises licence. In its place are opening-times for the premises, which effectively means that customers must be off the premises by a specified time, unless they are exempted, such as residents.

If you do not wish to confuse customers, you should take down the notice, replacing it for the time being with a statement concerning the quantities used for gin, rum, whisky and vodka, unless this is already clearly stated on your price list.

Opening times restricted

QI remember reading in your book an answer that stated that a pub was allowed to open at any time of the day or night, as long as it did not serve alcohol except during the permitted hours. When my licence arrived, a set of opening times was stated on it, even though I went for a straight conversion. Is this right?

AI could fill this column and more with arguments about the way in which local authorities have "misinterpreted" transition arrangements. This is another one.

Apparently, the argument is that because there is a box on the licence for opening times, they must fill it with something. My suggestion is that, in the case of a straight conversion, they should fill it with an

indication that there are no restrictions on opening times, or put in 0.00 to 24.00 or similar - no-one is sure of the formula.

Of course, under planning regulations there may be restrictions on trading times. In fact, some pubs have found that these restrictions are even more difficult to remove. But the licensing authority has no right to set an arbitrary time for closing the premises, unless on variation you have stipulated such times in the relevant box, or a representation has been made on disorder or nuisance grounds.

What is meant by credit?

QWe have always had a rule about no credit in this pub, and I understand that this is now my responsibility as the designated premises supervisor. But what about putting a card behind the bar for the whole session? Is this allowed?

As I have commented, there is no

mention of credit in the new

Licensing Act, and in the absence of any

express condition on your licence, credit sales would be allowed anyway.

In terms of a restriction on the licence, it would depend how it was worded. In the old Act, the requirement was for a drink to be paid for "before or at the time when it is sold or supplied." This might be taken to mean exactly at the moment of delivery, or during the evening or lunchtime in question.

In any event, I do not envisage any local authority taking the matter to court, now that the new Act is silent on the point.