Licensing@aol.com
Bringing drinks into a pub
Q There has been a suggestion recently that a group of customers who buy beers from us were also consuming spirit chasers from a bottle brought in from a local supermarket. What is the law on this, and can I stop it happening?
A Although there is no technical legal prohibition on bringing alcohol, which has been purchased elsewhere for off-
consumption, into a pub, you can certainly put a stop to this practice. The main issue for you, apart from the lost profits, is the fact that you cannot control the amount of drink consumed in these circumstances.
Clearly, you are not going to take kindly to "foreign" stock on your premises, unless you know that the customer has been shopping and is on his way home, is not consuming the products which are in sealed containers and has merely called in for a drink with you on his way.
However, you are certainly entitled to prevent persons drinking such liquor on your premises, and you are entitled to insist that all drinks for on-consumption must be purchased from you as the licensee.
In some areas of the country where this problem is rife, licensees place a notice on the door that only food and drink purchased on the premises may be consumed there. It is still the case that the licensee sets the rules for the conduct of the premises and the behaviour of customers.
There is also the problem of drunkenness, where persons buy beer from you and
proceed to drink spirits at the same time from their own bottle. Where this happens, you are clearly within your rights to ask such persons to leave immediately, because you risk prosecution if you do not.
New qualification required
Q My son has just returned to this country after working abroad for some years. He was joint licensee with me before he left and has his BII (British Institute of Innkeeping) qualification from 2001. Can he apply for a personal licence from our local council?
A Unless he was present and the holder of a justices' licence during the transition period in 2005, I am afraid he has to start from scratch if he wants a personal licence.
The old qualifications such as the National Certificate for Licensees are no longer valid for an application for a personal licence under the new Licensing Act. Only one of the three new-style qualifications listed by the Department for Culture Media & Sport (DCMS) will be acceptable to the council.
Your son will also have to produce a recent criminal record check and this is best done through Disclosure Scotland, which can produce the basic check required by law. He must also declare any relevant foreign offences, which might have occurred while he was away.
Finally, he will need two passport photos, one of which is endorsed as a true likeness by a person of standing who knows him.
The council will have application forms. Or he can download one from the DCMS website on the internet.
