Licensing@aol.com
Breach of licence
QThere is a shop in this village which had an off-licence under the old law. They have now taken to putting out tables and chairs and serving meals, with a bring-your-own policy on wine, but they allow people to buy from the shop, go
outside and then come back with the same bottle. Isn't this illegal? They have also had to apply for planning permission for change of use.
AClearly there are two issues here: one of planning use, which appears to be heading for retrospective consent, and one is a licensing issue regarding consumption of alcohol on off-licensed premises.
If the current licence does not cover on-consumption, which seems likely if the application form was filled in with the "off" box ticked, they would be in breach of the licence by allowing consumption, even using the device you describe. The remedy for them is to apply for a variation, to allow off-sales to be consumed on the premises, which is technically allowable under the new law, although it was forbidden under the 1964 Act. Until that time, it should be a requirement that consumption of alcohol is not allowed, because the existing licence does not cover it.
In the longer term, you would not be able to prevent the conversion if the licensing committee was minded to grant it, unless one or other of the licensing objectives was at stake, which seems unlikely.
Increasing TENs total
Q We are neighbouring licensees in
a place with a local hall which we both use for events. Having to take out
temporary event notices creates a
limitation, and this year there are only two left. The hall is owned by the local council. Would it not be possible for the council to license it themselves and then we could use it - or is this illegal?
ANo - in fact, it was one of the
initiatives of the new licensing laws
actively encouraged by Government. But sadly, not everyone has woken up to it.
The problem originally lay in finding people to take responsibility for the licence. Every alcohol licence, even one operated by the council, needs a designated premises
supervisor (DPS), who has to hold a personal licence. There may not be a council
employee prepared to take this on.
If the hall is only licensed for entertainment, a DPS is not required. But that would not help you for bar sales at events. You need an alcohol licence. Perhaps you could investigate and persuade one of the licensees at a council-run venue to act as DPS. Or one of you two could be named: technically, there is no requirement that a DPS has to be a council employee. You could both run licensed events without any requirement for temporary event notices.
Double whammy at New Year
QWe have obtained a temporary event notice for New Year's Eve, running from our normal Monday closing time of 11.30pm until 2.30am. How will this be counted in terms of our total TENs?
AUnfortunately, it will be a double whammy. It will count not only against your tally for 2007, but for 2008 as well.
Clearly, as it has been granted, you have not exceeded this year's total, but you start off with only 11 occasions left on your own premises for 2008: if the TEN applies to any part of a day, it is considered as one event. So even though it is really Monday night when the celebrations take place, the council will also put a mark against Tuesday, 1 January 2008 as well.
