Licensing@aol.com
Switch-off times for machines
Q What is the legal position regarding AWP machines in our pub late in the evening? Can we switch them off while people are using them, or have they the right to carry on while they have credit, as some customers have claimed?
A Technically, gaming machines should only be made available for play at the times during which alcohol may be supplied, according to the Gambling Act 2005. So you have legal backing for telling your customers that they have to stop playing.
Certainly, your customers have no "right" to insist that these machines should be available at any time, or throughout whatever period you now allow for drinking-up. It should be remembered that drinking-up time in any case is a concession, not a right, and the customers remain on the licensed premises only at the discretion of the landlord or manager.
Premises used for other activities, perhaps during the afternoon when the bar is closed, may continue to operate all types of amusement machines during that time. It is not a legal requirement that persons must leave the premises during this period, merely that machines may only be used during the time that the premises are legally allowed to sell liquor.
Customers may not insist, for example, that they are in the middle of a winning streak, so as to continue to play beyond the terminal hour. The person who is in charge at the time may insist that they stop playing and shut the machine off immediately.
Permission for signs to pub
Q I have recently taken over this pub and want to put up a sign at the end of the road advertising it, with directions. I have the landowner's permission to do this, but I have been told that it may be illegal, unless it is on a moveable vehicle.
A Attitudes towards advertising signs vary greatly from area to area. From the legal point of view, however, there are two issues raised. One is obstruction of the highway, which can be a criminal offence and would, therefore, involve police action. The other, more common, problem is that of local authority planning permission for the erection of the sign.
Local authorities have power to control not only the types of buildings that are erected or changed, but also the signs and illuminations used on the exterior of the premises and on the highway or adjacent to it.
Public houses need to attract passing trade, but several of them have run into trouble by erecting signs without first obtaining the necessary planning permission. Local authorities do have the power of veto in this area, and can forbid the erection of signs, or order their removal if a sign has been erected without consent.
Non-compliance with a council instruction could render the offender liable to court action and in the case of signs, notices and equipment such as satellite dishes, a fine can be imposed for each day that the offending article remains in place. So make careful enquiries before going ahead.
