Licensing@aol.com
Are old notices still valid?
Q Do we still have to put up the old-style notices on spirit quantities etc that you used to get from trade stockists? I went into a bar recently and saw a 1964 Licensing Act notice with spirit quantities, gaming details, drinking-up times etc. Are they now out of date?
A These composite laminated notices have been a feature of the trade for many years and do not think that they are out of date by any means. The content, however, will have changed a little.
First of all, anything to do with the premises licence is probably on the licence summary and does not need to be repeated on a separate notice. Likewise with the smoking ban, which requires a notice that complies with the regulations.
The key requirement with regard to quantities is that you must still show the measures used for gin, rum, vodka and whisky in the premises. Failure to display some kind of notice that can be read by customers is an offence under trading standards law. A separate, small notice on the back bar would be sufficient.
With regard to gaming, it would be best to dispense with the old restrictions as they will not be at all relevant after 1 September. Drinking-up time no longer exists and your customers are subject only to any closing time that might have been imposed.
Capacity limits for pubs
Q We had a very packed pub on Friday night with two parties for local office workers. Someone said I could be charged with overcrowding the pub as there is always a capacity limit. Is this true?
A Not unless it has been made a condition of the licence, in which case it would be a breach of conditions and therefore illegal to exceed it, even on one occasion.
There is no requirement in law for all pubs to have a specified capacity limit. Due to a change in the law, the fire authority is taking less of an interest in licensing issues and concentrating on fire-prevention measures for all premises.
Your contact with them would be necessary if you wished to take advantage of the small-scale entertainment concessions in the Licensing Act. You would need a certificate which showed that the "permitted capacity" of the area in question was less than 200.
Otherwise, unless a capacity has been set under previous legislation, or imposed as a result of a hearing before the licensing committee, there may be no official numbers limit at all. You should, of course, be aware of the additional risks which may be caused by large numbers of people, especially if you have no door staff on duty.
How far in advance for TENs?
Q We have just booked a big Christmas party for our restaurant area, which does not have an entertainment provision. They want a small group to play, so we need a temporary event notice. How far in advance can we apply?
A You don't apply. You give notice. This is your right. The police can only object if they think there will be crime or disorder, which sounds most unlikely. Although there has been some debate about the length of time prior to an event, and some policies have set recommended limits, none is written into the law. So you can do it now.
The main complaint from local authorities is that people leave it until the last moment. As I have yet to receive a postal acknowledgement for a TEN within the statutory time from any licensing authority, I see why they need the extra days!