Law changes: lifting the bar on old rules

I was intrigued to read recently in the MA about licensed premises being used as a polling station because there are strange prohibitions concerning the use of pubs for official business, says Peter Coulson.

A few years back, we also carried a story about a pub in Great Langton, North Yorkshire, which was used for similar purposes, so my antennae were raised, because there are strange prohibitions concerning the use of pubs for official business, many of which were swept away by the 2003 Licensing Act's clean-up operation.

Among these were the fact that parish or community council meetings cannot be held in a pub, unless there is no other convenient place available "at a reasonable cost". In these straitened times, it would make a great deal of sense, and probably lead to more agreeable discussions!

However, the Local Government Act, which covers such things, says nothing about polling stations, so presumably that is why voting in the recent election was allowed to be held there, and why everyone was extremely happy about it.

However, there used to be a number of rules like this. Under the "old" licensing law, neither the licensing sessions nor the ordinary magistrates' court could be held on licensed premises, nor could a coroners' inquest be held in any part of the premises. This would not, of course, affect a wake being held there for the deceased, and I have raised many a glass to a departed friend at such events.

These days, the new Act merely provides for exemptions from the licensing laws for certain places. These include all royal palaces, which are not defined in the Act and may or may not include such well-known tourist attractions as Hampton Court and Windsor Castle.

Also any premises which are "permanently or temporarily" occupied by the armed forces are exempt from needing a premises licence, although certain canteens do have either a licence or a special permission for alcohol sales to the public.

The rule about a vessel having to be in international waters before alcohol sales are made has long since gone, and drinks may be sold on board without a licence, even before the boat departs from the port on an international voyage.

Finally I was extremely sad to see the final prohibition go — a person arrested for debt could not be taken to a public house against his will and made to pay for drinks, said the Sheriffs Act 1887. Why ever not?

Q&A​

Renewal date on licence​

Q.​ Recently we had reason to look at the copy of our premises licence, which was issued in November 2005, because of the possible necessity to transfer it. The licence gives the issue date at the top and then in another box underneath gives the "renewal date" as 23 November 2006. As far as I am aware we have never renewed this. Does it mean that it has expired?

A.​ I very much doubt it. This seems to me to be an example of an early mis-statement of the law on the licence itself. Not all councils got it right first time around!

In rare cases a premises licence can be time-limited, in which case the licence should state the duration. However, in the majority of cases, the licence is granted permanently and has no expiry or renewal date. Such a date should, therefore, not be included on the printed copy of the licence or the summary provided by the issuing authority.

The summary is posted up in the licensed premises, as a legal requirement. This means that if the authority place a so-called "renewal date" on it, it will appear to the casual observer to be out-of-date, because they will not supply an annual revised copy — there is no provision for them to do so in the Licensing Act. The first granted licence will continue in force until it is transferred, varied or surrendered.

My suspicion is that at this time, licensing authorities were anxious to advise licence-holders of the date for the payment of the annual licence fee, which is annually on the anniversary of the initial grant. Even this does not completely fit in with the date given, but it is possibly the reason why this was done.

As long as you pay the fee each year, that fulfils your obligations. There is no requirement to renew the licence on this basis.

Can we sell spirit bottles?​

Q.​ This may be an obvious point to you, but can we sell bottles of spirits to a group for consumption on the premises, or must all spirit bottles be taken away from the premises as off-sales with the bottles still sealed?

A.​ It is very likely that the premises licence you hold does cover both on and off-sales of alcohol, and unless there is specific restriction or something that you inherited from the old justices' licence, this is likely to cover all types of alcohol.

This means that sales of spirits may be made either by the measure or by the bottle, even for on-consumption. There is no specific provision in weights and measures law which prevents you making a bottle sale.

It is true that gin, rum, vodka and whisky must be sold for on-consumption only in prescribed quantities, but this is where they are sold by the glass. A pre-packed container such as a bottle is not covered by this restriction.

The only circumstance where this might be considered inappropriate is if it formed part of a promotion which was considered irresponsible and could lead to drunkenness and/or disorder. But a request by a customer to buy a bottle in the normal course of trading is not against the law.

Under-age sales​

Q.​ Can I write it into my contract of employment for staff that they must tell me of any caution for under-age sales, and if they do not, would it be grounds for dismissal?

A.​ This is a subject that I will write on in detail in due course. The short answer is yes — you can make it a condition of their employment that they reveal in-work cautions of this kind, for the simple reason that it may well jeopardise the licence itself. Now that two strikes is in force, it is you as holder of the licence who faces action. Failure to advise you is a form of gross misconduct, but you must handle it with extreme care.