Never enough time for reform
I well recall talking to a Scottish lawyer soon after the end of transition to the new licensing system in 2005. "Peter", he said, "we will not make the same mistake that you have and try to rush things through. Six months is not long enough."
How true. Well, it would appear from reports north of the Border that there is no time long enough to get a major change in a licensing system properly organised. In spite of having a lead time miles longer than we had, there is a mood of panic in the Scottish ranks as processing new licences is way behind schedule and the threat is that pubs will not be able to open this September when the new system takes effect.
If you remember there was a similar problem over licensing of door staff in England and Wales. Much of it was down to the ineptitude of the Security Industry Authority, it must be said, but the much-vaunted plans of Governments often come unstuck on the sheer logistics of the system.
I think a lot of this is due to the fact that those charged with creating the system are very clever graduates with sharp abilities to create a policy and attendant legislation, but very little practical experience of how implementation will work. They see it on paper, but they do not have the expertise to gauge where the problem will come in reality.
While it is true that a time-and-motion expert will advise you on how long an application will take to process, what he cannot tell you is how long the various elements will take to assemble, when people will make their application, when people will be off work with Swine Flu and how reorganising the office has delayed half the forms.
What these experts need to do is a milk-run on the whole procedure, to be able to identify at what stage the process slows to a crawl and how these hiccups can be ironed out (yes, today is a day for mixed metaphors!). All they do is to set one date (remember the Second Appointed Day — rather like the Second Coming!) and then assume that this will concentrate everyone's minds to get everything done.
Well it does not happen, even in Scotland. I am sure that some way will be found to ensure that pubs do not close left, right and centre through failure of some element in the new licensing process. But I am looking forward to meeting my smug friend from Scotland again!
Q&A
Times for machines
Q. There has been an argument in our pub about the use of gaming machines, particularly at the end of the evening session. Some customers have said that the machine cannot be switched of when they still have credit on the meter. My view is that they can take the payout immediately and then I switch off. Who is right?
A. As I have written before on this page, gaming machines may only be made available for play "at the times during which alcohol may be supplied". This is specifically stated in the Gambling Act 2005. So if you have reached the terminal hour on your licence, you have legal backing for telling your customers that they have to stop playing.
In any case, your customers have no "right" to insist that these machines should be available at any time, or throughout whatever period you now allow for drinking-up. It should be remembered that drinking-up time in any case is a concession, not a right, and the customers remain on the licensed premises only at the discretion of the landlord or manager. The object of allowing additional time is, in truth, to get them to finish their drinks and leave. It follows, therefore, that anything that encourages them to linger runs counter to the object of closing up and clearing the bar.
Premises that are used for other activities, perhaps during the afternoon when the bar is closed, may of course continue to operate all types of amusement machines during that time. It is not a legal requirement that persons must leave the premises during this period, merely that machines may only be used during the time that the premises are legally allowed to sell liquor.
Customers may not insist, for example, that they are in the middle of a "winning streak" on the machine, so as to entitle them to continue to play beyond the terminal hour. The person who is in charge at the time may insist that they stop playing, collecting any stored winnings or stakes, and may shut the machine off immediately.
Two nights running
Q. There is a local hall nearby which is used for functions and events. It is licensed for entertainment but not for alcohol. I hold a licence for a nearby pub and have been asked to cater for a function next month. I have discovered that there is an event taking place the night before, run by someone else under a temporary event notice, with alcohol sales. I have been told that because it is less than 24 hours, mine cannot go ahead.
A. This is not correct. It is true that there is a requirement for a minimum of 24 hours between two temporary event notices for the same place, but this applies to the same premises user, not to the premises.
The Licensing Act 2003 is
fairly clear on this point, although the wording is, as always, rather complicated. Two individuals, licence holders or not, can give notices to the licensing authority in respect of successive days, as long as they are distinct and separate in business or family terms.
It is up to the authority to decide whether the second notice-giver is an "associate" of the first. If they think the relationship is too close, then they will declare the second notice void.
In your case, it is clear that you are not directly connected in business terms with the other person, nor I assume is he a close relative or an employee. As such, you are not barred from seeking to use the premises on the following night.
The issue might be raised if you were both managers for the same operating company, although running different pubs. I do not think the restriction would apply even then, because of the wording of the relevant section.
