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AWP machines and licences

Q Concerning your article last week, I thought that the right to have two AWP machines was bundled with the premises licence anyway, so that would be sufficient authority.

A Not strictly true. There was a form of direct link between the justices' licence and the AWP permit because very often it was granted by the same bench of magistrates. But they were acting in different capacities at that time, and two separate permissions with two separate pieces of paper were involved.

Under the new gambling laws, the automatic entitlement to two machines depends on the holding of a premises licence. If you are such a holder, then no separate piece of paper will be required for up to two machines. When your existing AWP permit expires, or preferably just before, you simply notify the council and carry on (although you will be £50 lighter).

It is only if you want more than two machines that a licensed premises gaming machine permit will be required.

So the situation for most licensees has been made simpler, but it is wrong to suggest that the mere holding of a premises licence will itself act as the authority to have machines. You still have to issue the notification to make everything correct.

New barman moves in

Q We have employed a new bar manager on a permanent basis. He holds a personal licence. I have told him that he needs to contact the licensing officer for this area to tell him about his move. He says this is not correct. Who is right?

A Neither of you is completely correct. He does not need to contact your local council to authorise his work at the pub, but he does need to notify his change of address, if he has made a permanent move.

The whole principle of a personal licence is that it is portable and is not linked to a specific pub. So the licensing officer who deals with your premises licence does not need to know about the new appointment, unless it is intended that he becomes the designated premises supervisor, which from your letter does not seem to be the case.

But it is a legal requirement for the bar manager to tell his "home" authority — the one that issued the personal licence — that his permanent address has changed and that they should amend their register of personal licences to show the new address.

It may be that in the next 10 years people will move to several new addresses. Each time they must notify the issuing authority, so that eventually in 2015 the first batch of renewals can be carried out with seamless efficiency.

Taking off-sales away

Q We have a drinking-up policy of 30 minutes after the bar has closed. Can people take bottles home after this time?

A This used to be illegal, but it is not so now, because officially drinking-up time has been abolished. If you have set a drinking-up period, that is well and good, but it may not be legally binding and, therefore, does not affect the possession of off-sales, as long as these were legally made during the time permitted by your licence.

Some premises licences have opening times written into them, so that it would be a breach of a condition to remain open after a particular time. But if that is not in place, customers may leave the premises at any time with their purchases. Be warned, however, that very late departures may suggest to the police that sales have been made after "time".