Q&A
TEN over two days
Q. When you apply for a TEN which lasts for more than one day, does it have to be for a continuous period or can you stipulate the hours during the day when you intend the bar to be open? Someone has said that if you do that, it will make two events and you need a 24-hour break if you are the same or related applicant.
A. A temporary event notice (TEN) can last for up to 96 hours, according to the Licensing Act. This is the "event period" under the Act, during which licensable activities are to occur.
It is a requirement of the notice that the giver should state "the times during the event period when the premises user proposes that those licensable activities shall take place". In other words, the event may last for a given period of time, and during that event the licensable activities may take place at one or other times, as described.
The same would hold true for entertainment. It may be that the event lasts for three days, and entertainment takes place in the afternoons and again in the evening. These are also licensable activities for which a notice must be given. The same notice may, of course, cover both entertainment and the sale
of alcohol.
As long as it is the same event, the fact that you state different periods for opening the bar during the event will not make it a different event, and the 24-hour gap will not apply. It is only if you have two separate events on successive days at the same premises that you are likely to receive an objection notice.
Pump in separate bar
Q. I often use a hand-pump in a different bar for premium ales, which I admit is out of sight of the customer. Someone has now commented that technically this is illegal under the licensing laws, and the pouring must be done in the sight of the customer. Do I have to relocate all my ale pumps?
A. The answer to this question has nothing to do with licensing laws, which have not affected the rules on measuring equipment in any way.
But I can reassure you: the customer does not have to see the pouring, and certainly not with hand-pumps. The rule on visibility only applies where metered dispense equipment is installed, and consequently unstamped glasses are being used in the premises.
Under weights and measures legislation, the requirement for stamped glasses is dispensed with as long as the dispense point "...is installed in such a position that the delivery of the liquor into the container can readily be seen by customers in that part of the premises where the buyer ordered the liquor."
With metering equipment, the customer is entitled to see his pint poured in front of him, so that he can be sure a full measure has been dispensed from the equipment. If you use stamped glasses, that is the measure, and sight of the pouring is not necessary.
Re-take not required
Q. I held a justices' licence under the old law and obtained a new personal licence for the same pub during transition. But I left the trade for a while and am now going back into business to run another pub. My only concern is that my personal licence, which I have mislaid, may have expired, which would mean taking the exam under the new law. Is this the case?
A. No, it isn't. Your personal licence will not have expired, even though it has been lost. It is granted to last for 10 years, so if it was granted initially during transition it will expire some time in 2015.
You can apply to the local authority that granted it for a replacement, as long as you have reported the loss to the police. You will have to pay a fee of £10.50 for the replacement. You do not need to re-take the qualifying examination.
