Q&A

Later time for drinks

Q. One of the reasons we are losing trade is that the nearest pub to us regularly stays open after the hours the licensee was allowed, which used to be illegal. Is there anything that can be done about this and can we report him to the police or the council?

A. The relaxation of licensing hours has led to the situation that pubs have different "closing times". The first thing that you would need to check is whether these are really "afters" in the old sense, or whether the sales hours for this pub have been extended since you last looked, or, even more likely, whether he is taking advantage of the fact that there is no formal drinking up time

any more.

Details of the licensed hours are contained in the licence summary, which must be posted up in the pub concerned. Failure to do this is an offence. So that should give you an indication of when the actual sales of alcohol should cease.

If sales are in fact being made after this time, then the police can indeed take action against the holder of the premises licence. There is no longer a specific offence of selling after hours, but there is a general offence of carrying on a licensable activity "other than under and in accordance with an authorisation", which carries a maximum fine of £20,000 or up to six months' imprisonment.

Either the police or the licensing authority may take action. The alternative is for the police, after obtaining evidence of unauthorised selling, to request a review of the licence, which could result in the pub's hours being cut back.

Taking over social club

Q. The local social club in this village has got into difficulties, not only due to the general downturn but some fraud as well. Another businessman, who runs entertainment venues, has said he will take over and carry on with it as a social club using the existing club premises certificate, as before. Is this possible?

A. Under the provisions of the Licensing Act 2003, clubs have to meet certain conditions with regard to their management if they are to be treated as a "qualifying club".

Among these is that the affairs of the club are managed by an elective committee, including the purchase and supply of alcohol. Also, the proceeds of the club should not be applied for purposes of private gain.

If this individual wants to take over the running of the club with a view to profit, then even if he has a committee, it would appear that the club would cease to be a genuine members' club. In such a case, the licensing authority would be in a position to give a notice to the club withdrawing the certificate under section 90 of the Act.

The better course of action would be an indication to the new owner that he needs a premises licence if he wants to run the club on a commercial basis.

Variation of licence

Q. It seems to me that a variation is just like getting a brand new licence in terms of time, money and effort. Would it not make sense to do a variation by way of a new licence, then you would not have to pay the annual fee until next year.

A. Well, of course this is a possibility and for various reasons some people have tried it. But you need to be sure that you will not end up with a licence that is worse than the one you have now.

For example, a new grant will make it "open season" for objectors. They can object to anything, including the existing hours, not just the proposed new ones, and extensions to the activities you are planning.

Think carefully before going back to square one.