Licensing@aol.com
Trains and boats and planes
Q Under the old licensing laws, certain moveable objects, such as boats and trains, gained exemption from licensing and from permitted hours. What is the situation under the new Licensing Act?
A The situation with regard to trains and planes remains more or less the same - in general, the sale of alcohol on these is not a licensable activity and, therefore, is
exempt from Licensing Act provisions.
However, a new provision has been included, so that a magistrates' court may prohibit or restrict the sale of alcohol on certain trains in certain circumstances - for example, football supporters' excursions - on application by the police.
The law on international boat voyages remains the same, but the law for inland boats has changed. Under the previous law, a pleasure boat or ferry plying between places in England and Wales did not require a licence and was not subject to
permitted hours. Now, such vessels require to be licensed as if they were premises, with the licensing authority being that of their "home port". If they sell alcohol, they will need a designated premises supervisor and an operating schedule appropriate to the
activities they undertake, which can include entertainment as well as supply of drinks.
TV licence for upstairs flat
Q We have just moved into our first pub, having worked in the hotel and holiday trade for some time. Is it right that we need a separate TV licence for the accommodation part of the premises? In our previous jobs, one licence covered the whole venue, including our
accommodation.
A You may have been told that you did not need a separate licence in your previous employment, but I am not sure that was strictly true.
The situation for the pub, according to the television licensing authority, is that each defined area of the premises must normally have its own television licence. Even
licensees living on pub premises are
required to take out a separate licence for private quarters, in addition to any licence which they hold on a commercial basis for the television in the bar or bars.
The only exception to this is where TV is provided in every guest room in an hotel, pub or guest house providing overnight
accommodation. A special concessionary licence is available, which means that the hotelier does not have to pay the full fee for each room.
This may have been the reason why there was no separate licence in your previous job.
Private party during hours
Q Once again there has been a local dispute about restricting entry to our village pub. We were asked to put on a special event and display notices that on a certain date entry would be open to invited guests only. Some locals have claimed that we can't do this and must open one of the bars to the public under the terms of our premises licence. Is this correct?
A Great care must be taken with these situations, as it is not very clever public relations to antagonise your customer base! But their claim is completely unfounded. There is no legal requirement - either under the old law or the new law - that licensed premises must remain open to the public at all times.
There are any number of licensed premises where entry is restricted for one reason or another, and this does not affect the licence or the right to trade.
