New licence set to take off

Pub strip shows are about to face their greatest challenge when the law is changed later this year, says Peter Coulson.

Following the Government's decision to re-classify lap dancing and other similar activities as "sex entertainment", regular strip shows, even on a weekly basis, will be caught by the regulations and mean that the current premises licence will not be enough. In future such pubs will need a separate licence under the old Local Government (Miscellaneous Provisions) Act 1982, which used to control music and dancing in pubs.

The only exemption will be for shows once a month, or one-off events. A late amendment to the Policing and Crime Act, which makes these changes, will at least allow up to 12 occasions a year when the new licence will not be required.

The changes have been brought in as a result of a vociferous campaign by certain pressure groups to have stricter controls on the numbers and location of lap-dancing premises and strip clubs. Due to the wording of the old 1982 Act, local councils will be able to control these activities and even ban them entirely, which they cannot do under the Licensing Act. They can impose conditions on licences themselves and do not need to wait for representations from other people in order to do so.

But the Act is adoptive, meaning that each local council has to hold a meeting and adopt the schedule of the Act in order for it to be brought in locally. This will take some time — possibly months — and then there is a full 12-month transition period during which existing venues can apply for a new-style licence. Failure to apply will still mean 12 months of operation under current conditions before the stripping has to stop.

Also, it is not known which local authorities will take the strongest line and which will be reasonably relaxed. Undoubtedly, however, there will be continued lobbying from those opposed in principle, and councillors mindful of their majorities may well go with the flow.

One matter which seems still to be determined is the position of stripo-grams, both male and female. These are not provided by the pub management, but they do take place before a live audience "for the financial gain of… the entertainer." That being the case, allowing such an event for a customer within one month of a previous event would appear to render the pub liable for a sex entertainment licence.

Q&A​

Cheap alcohol objection​

Q.​ A Scottish pub licensee has succeeded in getting the licences for two local supermarkets reviewed for selling cheap alcohol. Is there any chance we could do this in England?

A.​ Apart from the legislation being different, I do not think that trade objections can any longer be maintained under the new licensing system.

Some readers may remember that in days long past, the justices would entertain competition objections to the grant of a licence, due to the requirement to judge the "needs" of a particular neighbourhood. There is no such requirement for licensing authorities under the new Act.

As I understand it, the objection triggering the review was not based on competition, but on the health objective. This is where there is a fundamental difference between the Scottish Licensing Act and the English one. There are five objectives rather than four north of the border, with "protecting and improving public health" included. The case put to the board by the licensee was that very cheap alcohol undermined the public health objective, not that it was cheaper than in his pub.

I cannot pre-judge the decision of the licensing board on the particular facts of the review, but to answer your question, there is no opportunity for this line to be pursued in England. The nearest equivalent would be to seek a review on crime and disorder grounds, only if you could show a direct link between the selling of discounted alcohol in the particular store in question and local problems. This could be difficult unless you could enlist the help of the police in proving your point.

Taking off sales home​

Q.​ I was questioned the other day by a police officer about people leaving our pub some time after the official terminal on our new licence. He said that they are allowed to leave after time, but that taking any alcohol with them is still illegal. Is this true?

A.​ This is not the first time recently that this question has cropped up and it may be that the police have been given information on this practice. In fact, it appears to be something carried over from the old law, which may well be inaccurate, unless the licence has a specific restriction.

The rule under the 1964 Act was that alcohol could not be taken from the premises except during the permitted hours, or during "drinking-up time". That rule has not been replicated in the new Act, and because there is technically no specific drinking -up time, persons may leave the premises at a variety of times, and may take off-sale purchases with them.

This particular notion will persist while some councils hold to the view that drinking-up time carries over from the old law (a so-called "embedded restriction"). They have imported the whole of section 63 of the old Act as conditions on transition. However, even if they did, the taking of alcohol from the premises is not in itself illegal and no prosecution could possibly ensue if the police checked up on the law.

Multiple thirds​

Q.​ I notice that a brewery is promoting three "thirds" for the price of a pint. I knew that a third of a pint was a legal measure, but is it a requirement to sell multiples or could you just serve ordinary thirds? Also, what about the new mandatory conditions? Must you have thirds available?

A.​ No, there is no legal requirement to sell thirds in threes — it rather defeats the object of having a measure of that quantity available under weights and measures legislation.

This is a clever marketing campaign to get people to taste beers they would not normally try, and nothing wrong with that. It would be up to the licensee to decide whether he would offer the single measures as well.

A third of a pint is not included in the proposed "minimum quantities" that must be offered as from October this year. The minimum required for draught beer and cider will be a half-pint measure, so you must have half-pint glasses available in the bar from that date.