Licensing@aol.com
Supplying drinks for staff
Q We have been advised that all supply of drinks must stop at the end of the hours stated on our licence, even staff drinks, which are paid for by me. This has been our custom for some years. Has this concession been stopped?
A This is another possible misreading of the law. The 1964 Licensing Act had a specific reference to the concession for staff drinks, which were supplied "at the expense of the employer or person carrying on the business...". There is no similar provision in the 2003 Act, but in my view there does not need to be.
Supplying alcohol as a gift is not a licensable activity under the new law, which only covers the sale by retail of alcohol. So where a clear gift is established, the terms and conditions of the premises licence will not apply to set fixed time limits. It seems in order to continue with this long-established practice. Things might be different if the drink was bought by a customer, when there would be a sale involved.
Do guests need a card?
Q During a visit by our licensing officer to this club, he said that every person who was a guest should be given a card for temporary membership for the day. Is this the law? We have always kept a simple visitors' book.
A I am not sure where this idea comes from, but it is certainly not part of the new law for clubs. It is true that there are stricter rules on the admission of non-members to clubs, including a definition of who may be considered an "associate". But a genuine guest of a member is still allowed admission in the normal way, in accordance with the club rules.
The other point is that guests do not become "temporary members" anyway. They remain as guests, admitted under the Licensing Act 2003. As long as there is some record of them being checked, including that the member introducing them should be indicated, then the old-style visitors' book entry seems to me to be sufficient evidence that the law is being complied with.
Canal-boat conundrum
Q If a company offers canal cruises with the line "Bring your own wine" will they need a licence?
A This seems to me to be an attempt to prevent the operation coming within the Licensing Act, because there is to be no sale of alcohol on board.
As you may know, boats are now required to be licensed for that purpose. But if customers bring their own wine previously bought from a shop, pub or supermarket, then there is clearly no retail sale involved if they subsequently drink it with a meal or snacks provided by the cruise company.
Drinking alcohol is not in itself a licensable activity, although there are conditions concerning times and locations included on some licences. But there is no requirement that this boat should be licensed just because alcohol is brought on board.
