Licensing@aol.com
Presence of DPS
Q We have been told that our premises licence requires that alcohol may only be sold when there is a designated premises supervisor on the premises. This is listed as a "mandatory condition". This creates a real problem, as I am sometimes away from the pub. What should we do?
AI do not think you have been properly advised, and it would be best if you looked at this section on your licence again. I think it is more likely to say that alcohol may not be sold when there is no DPS for the premises. This is indeed a mandatory (meaning compulsory) condition which is added to all licences, and it means that if the DPS leaves or changes pubs, a new DPS must be installed at once if alcohol sales are to continue.
It does not require the DPS to be present on the premises all the time, and this is a crucial point on the operation of the new law, which I note is still being misinterpreted, in spite of the fact that the Department for Culture Media & Sport has clarified the situation several times.
Radio in a club
QWe have a radio in our sports club which is used by the cleaner when she is here in the mornings and sometimes over lunch. Do we have to get a licence for this? I keep reading articles about recorded music. Does this count?
AThere are two issues here, believe it or not. The first is whether the radio consists of "regulated entertainment" to
be included in the club's premises certificate. The second is whether you
need a copyright licence from the Performing Right Society (PRS).
The answer to the first question is a definite "no". The use of radio and television receivers in the club for normal live reception of programmes, including music, is exempt under the Licensing Act 2003. Even if the radio was used by members
for their entertainment, this would still be the case.
The second question is more debatable. I know of many licensees who have claimed to the Performing Right Society that the radio behind the bar is for their entertainment only and not for customers. However, the PRS view is that if it can be heard by customers, or club members, during normal business hours, that is public performance and a licence fee would be required.
In your example, if the radio is only
made available when the cleaner is in and working alone there is no public performance and a copyright licence
would not be required.
Ten-day time limit
QWe have just had an Easter party application turned down for an extension by the council. They say we did not give them enough notice. But we gave them a full 10 days, which is what we were told was the minimum for a temporary event notice.
AUnfortunately, it is not 10 days — it is
10 working days. The council is entitled to disregard the weekend in deciding whether or not they were given sufficient notice. They only need to count the days from Monday to Friday, and they can disregard bank holidays as well, which would include Good Friday and Easter Monday, if they fell in between you giving the notice and the date requested. So effectively you must give them at least two weeks' notice of any future event, if not a little more, to be sure that there are 10 working days available to count.
