Legal Q&A: Opening a cinema club and assault charges
Charged with assault
Q. I am a duty manager in a busy town centre bar. I am a personal licence holder and I also hold an SIA licence, because sometimes my duties include searching customers on entry. Following an incident that happened outside of work, I was recently arrested and charged with assault and I am due to appear in court next month. Do I need to inform anyone about the charge?
A. You will obviously have a lot on your mind at the moment, however, you are right that you do need to let certain people know about the charge. In terms of your personal licence, when you make your first appearance before the magistrates’ court, you must inform the court that you hold a personal licence.
If you are convicted, the court may suspend your personal licence for up to six months, or even forfeit it, and they will notify the licensing authority that issued your personal licence.
Failure to notify the court that you hold a personal licence is also a separate o fence in itself. In terms of your SIA licence, you need to inform the SIA of any convictions, cautions, warnings or charges as soon as practicable, certainly within 21 days.
Again, the SIA may revoke or suspend your licence. You may also need to inform your employer. Some less serious o fences do not have the same notification requirements. With so much at stake, you should obtain legal advice now.
Opening a cinema club
Q. I recently took over the tenancy for a run-down pub in a small town. I spent a lot of time and money refurbishing the bar and am pleased we have built up a loyal customer base. There is a disused upstairs function room that I would now like to refurbish and use for a weekly film club, where my customers can pay a monthly subscription and we will show a different film each week. Am I allowed to do this?
A. Congratulations on the work you have done so far! Offering something new is a great way to build your business and give more to the community you operate in. You should check that your premises licence includes the permission to show films.
You must also review your premises licence plans to determine whether the function room is included in the licensed area. Be aware that if you are planning on changing the layout, for example, putting in fixed seating, you may need to make a plans variation. Finally, check there are no conditions restricting the use of the premises. Applications may need to be made to ensure your premises licence is suitable for your film club.
Check the terms of your lease and planning permission to ensure there are no conditions restricting the use of the area. To prevent copyright issues, you will need a separate licence to show the film — there are film distribution companies who can supply licences. You will also need a Performing Rights Society (PRS) licence and Phonographic Performance Limited (PPL) licence, to license the music in the films.
Film clubs have many benefits, but it is a complicated area and if in doubt, speak to your solicitor.
