Legal Q&A: Nudity, noise and measuring down
Nudity by the back door
Q: I am confused by the new temporary event notice form. One of the boxes asks me whether I intend to have any “regulated entertainment” and then further down I am asked whether I want to have any “relevant entertainment”. Is there any difference?
A: Yes there is (although it might not appear obvious). If you look at Note 12 at the back of the form, you will see that “relevant” entertainment is essentially lap-dancing or some other live display of nudity for sexual stimulation.
“Regulated” entertainment is activities such as live and recorded music, films, boxing and wrestling and so on.
The box about “relevant entertainment” was inserted recently due to concerns by the Government (whether justified or not) that operators were using the TENs procedure to have lap-dancing under the authorities’ radar.
It is perfectly lawful to do this under a TEN, but now the police, licensing authority and environmental health officer need to be told about it explicitly beforehand.
Noise abatement notice
Q. My company has recently acquired a pub that had a substantial live entertainment offer. We are a food-led operation with only background music played. However, I have recently discovered that there is a noise abatement notice issued by the local environmental health officer in respect of the outlet. Clearly, this is nothing to do with us and we are at no risk of causing noise to the local community by virtue of our food-led operation. Is there anything I can do to remove this notice, or is it valid at all?
A. It is always important to carry out pre-acquisition licensing due diligence. Speak with the police, licensing and the environmental health officer before any financial or contractual commitment to acquire a licensed premises is made.
However, while there may be a noise abatement notice in respect of the premises it will have been issued against the previous licensee who I assume no longer has anything to do with the premises.
You cannot be prosecuted for breaching a notice that was not issued against you or your company and to that extent the notice no longer applies. Notwithstanding the above, its existence has revealed an issue with previous noise and while you may not consider your operation will cause a problem, I would suggest you contact the environmental health officer to find out more.
Measuring down
Q: Under the licensing conditions for smaller measures, am I required to have 125ml glasses?
A: No, you are only required to have appropriately marked glassware or equipment to ensure you can provide smaller measures when requested. The overriding requirement of the mandatory conditions relating to smaller measures is that customers are aware of those measures and that you can accurately provide them if that is what they request — the manner in which you do so is up to you.
