Licensing@aol.com
Charging for a special event
QI want to charge an admission fee to a special event that we are running for St Patrick's Day, but one of my regular customers has said firmly that this is illegal and I could be reported to the authorities for making any charge to enter a public house. Is he right?
ANo, he isn't. The main problem has been pubs attempting to make a charge for watching big-screen football on TV, which is prohibited under copyright laws. With that exception, it isn't illegal for a pub to make a charge for entry to an entertainment, either as a "one-off" or regularly.
There is a popular misconception that a public house is a public place, and that there is some ancient right for any person to be admitted to such premises during the permitted hours, as long as he is properly dressed and sober!
In fact, entirely the opposite is the case.
A public house is, in essence, a private place, and persons enter and remain entirely at the behest of the licensee or person in charge of the premises.
The "right" to remain may be withdrawn at any time, because the licensee is entitled to accept or reject whoever he chooses, subject only to the legal restrictions on actual discrimination merely on the basis of race, colour, gender or disability.
This means that there is no legal requirement that all or one of the bars of a pub must be constantly available to the public during the permitted hours.
A pub may hold private functions, or restricted functions, and is entitled to refuse admission to anyone not holding a ticket or authority to enter.
Giving credit for drinks
QWhat is the position on credit for drinks under the new law?
AThe provisions in the old Licensing Act on the question of paying for drinks at the time of sale have not been replicated in the 2003 Act, so it is reasonable to assume that credit sales of all kinds are allowed on licensed premises, not just those made with a credit or debit card.
The Government presumably decided that the risk of people drinking "beyond their means" is not one to be covered by the licensing laws. This would effectively make the slate legal, although it is unlikely that many licensees would return to the practice. Given their own requirements to break even, they need every penny they can get!
So running a tab with the bill being settled at the end of the visit does not breach the current law. However, it is quite within a landlord's rights to insist on payment at
the time of sale, and a customer cannot resist the request to pay on the spot for drinks as well as meals.
Temporary event numbers
QLast year I used only four temporary event notices at my pub and one for an outside event. Does this mean that I can have more this year?
ANo, you start from scratch on 1 January each year, with one exception, which I have already mentioned in this column.
You will be allowed a maximum of 12 temporary event notices for one set of premises, but you personally can have up
to 50, as long as they are not all in the
same place.
As far as the pub is concerned, if you had an extension past midnight for New Year's Eve, this will count as a 2008 event, as well as for 2007. So you have 11 left for the pub.
Statistics show that many licensees are in the same position as you and have not used up their full entitlement in the year.
