Licensing@aol.com
Holding the licence
QI am confused about the requirements for the premises licence. We have a summary posted up
at the front door giving all the details of this managed house, but clearly I am not here all the time as the designated premises supervisor (DPS). I have now been told that we need another notice stating who holds the licence. It is in
the pub safe, to which I and another manager hold the key. What is the legal situation here?
AI confess that this is one of the less enlightened aspects of the new law - too much paper, not enough common sense! It is true that the Licensing Act requires a notice to be placed stating who holds the licence.
The Act also requires the licence to be produced on demand, even though the person who is in a position to demand it, be they the police or the licensing authority, already know that the licence exists and what it contains.
There is still some debate about whether there is a legal requirement to produce it instantly. The only reason this could be required is where the police intend to seek enforcement of a condition of the licence which does not appear on the summary. Other than that, there seems little point in having a paper version instantly available.
The original version of the licence, or an authorised copy, must be held on the premises to which it relates. It must not be retained at head office.
So perhaps it is best if the licence is kept in a place where it can be accessed by whoever is the duty manager at the time, and that fact is displayed at the entrance to the premises.
It is only a requirement to display the position held by the licence-keeper. The DPS or premises licence holder should have deputed each of the duty managers in writing to be the holder of the licence for the purposes of the Licensing Act.
Branding problems
QWhat is the position on cola from post-mix dispensers in a busy bar,
if someone asks for a Coca-Cola or rum and coke? Are we breaking any law?
AThe law is clear that you must not substitute one brand for another without giving the customer the chance to reject it.
So, if someone comes in and asks for a product by specific name, then your staff should say something along the lines: "We don't stock Brand X, but will Brand Y do?"
In nine cases out of 10, that will be sufficient and there will be no problem. But periodically, both brand owners and trading standards get agitated over what they see as "passing off".
In a few rare instances they will prosecute, and sometimes the company will seek damages. This is now happening fairly regularly as brand owners are getting together to prevent sharp practices in the licensed trade.
