Q&A
Licence after bankruptcy
Q. I want to take over a pub,
but I am a recently discharged bankrupt. Will there be any problems with the licences or with me being the designated premises supervisor (DPS)?
A. There is good news on this. As you have now been discharged from bankruptcy you are not prevented from holding any of the permissions you mention.
As far as holding a personal licence is concerned, which you would need if you were to become the DPS of the premises, bankruptcy is not a disqualification. It is not a "relevant offence" under the licensing laws and, therefore, would not affect either your application or the grant of a personal licence in any way, as long as you met the required conditions.
The police could only object to you becoming the DPS on crime prevention grounds, and past financial difficulties do not form the basis for this type of objection.
There is, however, a prohibition on holding a premises licence, but this only applies in respect
of someone who is insolvent during the currency of the licence. There is nothing to prevent anyone who has been bankrupt in the past from obtaining a premises licence on application or transfer.
Fresh food menu
Q. I have been reading your articles on food and menus with interest. At this pub, all our lunch-time dishes are home-cooked, and sometimes there is a rush and we run out. One disappointed customer said that we could be prosecuted for putting things on the menu which were not available and he would report us to trading standards.
A. Well, he won't have much joy. The menu, although covered by certain regulations, is still an invitation to the customer, not a binding contract. If he proposes to buy something from you, you are entitled to tell him that the item or items have run out. Common sense dictates that home-cooked food may be of limited availability in certain circumstances and no breach of the law has taken place, as long as you do not deliberately mislead potential customers and if possible remove the particular item (easier if it is on a chalkboard, of course!) as soon as you can.
Drinking up not a right
Q. Most of the week we close in the afternoons. During the hot spell, some customers became very annoyed about this and insisted on staying on, saying they have as long as they like to drink up under the new laws. I want them to leave. Have they any rights on this?
A. This issue should not need a legal ruling, but it has cropped up fairly regularly, both under the old and new laws. In fact, they have no right to any drinking-up time at all, which now does not exist, except as a hangover from the old system which has been repeated on some premises licences. But it would be unreasonable not to allow some time to consume drinks after they have been purchased. You should conform to what is now the "normal" drinking-up time of 30 minutes, even though in the afternoons it does not technically exist, and then insist that they leave.
Drinking up is a concession, not a right, and they are obliged to comply with the licensee's instructions, especially if he wants to close the bar and lock up for the afternoon.
Club no different
Q. Can my daughter work unsupervised in the bar of our members' club when she reaches the age of 17?
A. This information you have been given is not correct. There is no apprenticeship scheme any more, and the minimum legal age for working unsupervised in both clubs and pubs is 18.
She can work in the bar, but only if there is an adult who approves each and every sale
of alcohol.
