Mean streak on copyright clash
In the past I have often commented how resentful the licensed trade can be about copyright music charges.
The Performing Right Society (PRS) has existed for many years as a joint collection agency for thousands of composers and arrangers of music. It has statutory backing in the shape of the Copyright, Designs & Patents Act for its collective agreements with various sectors who use copyright music in public, so its legitimacy is not in doubt. But it remains, essentially, a licensing organisation that allows you to "use" its members' work on payment of a fee.
Whatever rebranding it goes through, the basic truth is that if you do not pay up then it can take you to court and obtain damages and/or an injunction to prevent you playing copyright music in public. As music plays an integral part in the offering of most pubs and bars, it is not surprising that the licensed trade is an important sector for it. And it does pursue defaulters. Ignoring its letters is not a good idea.
But sometimes it gets things wrong. I have known the PRS for over three decades and it has reinvented itself several times and been taken to the Copyright Tribunal on more than one occasion.
The problem lies in the complex tariff which it has evolved, relying on various factors to come up with an annual fee for licensed premises. It used to negotiate with the Brewers' Society, now the BLRA, and periodically there is a difference of opinion.
Now, it is involved in another type of battle with a licensee who claims that most of the live music played in his pub is either copyright free or played by the composers themselves. He has had to battle to the County Court on the issue, which is sad, but he managed to convince the judge that what he said was right.
The PRS is not going to let the matter rest. It has a reputation for persistence. This is not the public image it would like you to see, because it involves an individual with a very small turnover opposed by a large organisation. If he goes out of business as a result it will be music and musicians who lose out.
The situation perhaps highlights the fact that certain fixed charging systems bear no relation to reality. They may be easier to administer and probably bring in more money, but periodically they have to be questioned.
Q&A
Same measures?
Q. You wrote last week about not mixing measures behind the bar, but what about spirits like brandy and Campari, and vermouth? We have a range of different measures, although we always serve the main spirits in 35ml. Is there likely to be a change in the law?
A. The only spirits that are currently required to be sold in a fixed measure are gin, rum, vodka and whisky. Brandy is not a listed spirit and neither are the other fortified drinks such as Campari, vermouth or sherry, and there are, as far as I am aware, no plans to extend the main weights and measures list in the foreseeable future.
I think the thrust of the argument is that customers should not be forced to have a larger measure than they want (eg, only doubles of spirits). But I do foresee a problem in trying to enforce a small minimum measure unless it is one in popular use and is standardised across the range to avoid confusion. That is why weights and measures law insists that those four spirits should be served in the same measure throughout the premises.
Size of notice
Q. We have changed from selling cigarettes from a vending machine to selling tobacco over the bar. On a recent inspection, our local trading standards officer noticed the stock and said we needed an A3 notice about tobacco sales to children under 18. When we sold cigarettes from the machine we had a small sign on the machine of approx A6 in size. Could we have one like that next to the bar notices, because what he showed us was massive?
A. There is no room for argument here, particularly as he has already noticed the situation, and probably noted it down in his little book! The size is set by regulations made under the relevant legislation. It is true that the size stipulated for cigarette machines is much smaller (about postcard size) but all premises selling tobacco products direct must display this large A3 sign with lettering that is at least 36mm in height. It is usual for the A3 sign to be produced in landscape format.
It is now nearly 18 months since the minimum age for buying tobacco was raised from 16 to 18, and this must be reflected on the notice, so old notices must be replaced if this has not been done already.
While the smoking ban now prevents people from indulging on your premises, it does not mean that you have to stop selling tobacco products over the bar.
Delegation on TEN
Q. I am having a debate with a local policeman regarding my presence at a village event for which I have been granted a temporary event notice (TEN). He is saying that the "premises user" named on the TEN must be present throughout the time that alcohol is being sold at this hall. I am running my own pub and my head barman is in charge. Is this OK?
A. I can find nothing in the Licensing Act that requires the giver of the notice to be in attendance throughout an event, nor any provision for this to be imposed as a condition: you cannot impose conditions on
a TEN.
As the premises user, of course, you are fully responsible for compliance with the law throughout the event, and if illegal sales or other contraventions take place, you will be prosecuted personally.
It follows that if you are not to be there throughout, then you must follow the strict rules on delegation to responsible members of staff. It is not necessary that they hold a personal licence to take over from you.
Remember that the acknowledged notice should be available on the relevant premises, together with a letter of delegation, signed by you, appointing one of your staff in your place. In that way you can show due diligence and compliance with your obligations.
