Licensing law

Legislation

Boris considering more breathalysers - but rejects pub tests

17-Dec-2015 By Oli Gross

London mayor Boris Johnson said he doesn't want to be breathalysed every time he enters a pub but is considering the potential benefits of ramping up on-the-door schemes in the capital.

Court

Licensee found guilty of fraud after fiddling tills

14-Dec-2015 By Oli Gross

A former licensee has been found guilty of fraud after fiddling the tills to ensure that some drinks sales were registered as food.

Police

Pub warned for playing Peppa Pig theme during police visit

11-Dec-2015 By Oli Gross

Licensees have been urged to respect police after a pub was warned for playing the Peppa Pig soundtrack when officers visited.

Legal

Advice: Beware of theft from fruit machines

10-Dec-2015 By Poppleston Allen

You may have seen in the press, recently, news of a number of thefts from gaming machines in pubs across the south-west and, although these crimes are uncommon, they do happen.

Licensing restrictions

'We're ruined'...Are councils too quick to restrict opening hours?

02-Dec-2015 By Oli Gross

Restrictions to a pub’s opening hours can have huge consequences - shutting early to appease neighbours can devastate takings, and restricting garden hours can be off-putting for smokers or customers hoping to sit outside. But do councils strike a fair...

Black market

Half of publicans risked licence by turning a blind eye to dodgy dealers

01-Dec-2015 By Oli Gross

Licensees have been warned that turning a blind eye to dodgy deals may lead to losing their licence, after research revealed nearly half of publicans didn’t kick out known perpetrators.

Legal advice

Legal Q&A: using customers' mobile numbers for marketing purposes

27-Nov-2015 By Poppleston Allen

This week's legal Q&A looks at the thorny issue of data protection - and whether you should use customers' mobile phone numbers for marketing.

Legal advice

'Tis the season to party - sensibly

27-Nov-2015 By Poppleston Allen

The busiest time of the year for the pub trade is fast approaching and no doubt you have spent the past few weeks (or maybe months) planning your Christmas trading.

Legislation

Licensing Act anniversary: 'disproportionate deference' made to residents

26-Nov-2015 By Emily Sutherland

A leading licensing expert has expressed his concerns about the impact of the Licensing Act, arguing that licensing officers were failing to use the ‘common sense the act requires’ and pointing to a rise in bureaucratic standard conditions.

Legal advice

Getting the picture on CCTV

25-Nov-2015 By Poppleston Allen

There are lots of reasons why you might wish to install CCTV at your premises: to protect and reassure your customers, to protect your business (and the till), and to deter criminals.

Industry history

The Licensing Act: ten years on

24-Nov-2015 By James Evison

Ten years on the Licensing Act has not become the ‘free for all’ that was anticipated. The Publican’s Morning Advertiser looks back at the past decade.

Supermarket trading restricted: Good or bad for pubs?

20-Nov-2015 By Oli Gross

Plans to extend Sunday trading hours for supermarkets have been pulled after David Cameron expected opposition within his party, but would a relaxation of trading laws damage trade, or be beneficial?

Legal advice

The licensing challenge of 'home chefs' in your pub

18-Nov-2015 By Poppleston Allen

The latest trend to put the public in touch with 'home chef' clubs has interesting licensing issues.

News analysis

Objections to a new Brewdog bar are a sadly familiar case for pubs

12-Nov-2015 By Oli Gross

Pubs often suffer from negative portrayals during consultations - whether it’s a debate about a new opening or the late night-levy, objections slam venues as a burden on society.

Report

'No evidence' of harm from 24-hour licensing

10-Nov-2015 By Oli Gross

The reputation of the trade has been defended amid calls for an end to 24-hour licensing and the launch of and inquiry into negative impacts of alcohol on emergency services.

£19k fine and prison warning for playing music without a licence

09-Nov-2015 By Oli Gross

The licensee of a London bar has been fined £19,000 for playing music illegally, and warned he faces prison with further offences.

Legal advice

Don't take gamble on gaming

05-Nov-2015 By Poppleston Allen

Following your weekly pub quiz you have been running a ‘chase the ace game’ and the entry fee is the bargain price of one whole pound.

Legal advice

Take actions to avoid revocation of licence

05-Nov-2015 By Poppleston Allen

There have been a few cases recently in which I have been dealing with either a review or an appeal following revocation of a licence.

Legal advice

Changes to late-night refreshment rules

02-Nov-2015 By Poppleston Allen

If you have ever made a licence application within a cumulative impact zone, you would be forgiven for thinking that your local takeaway has one of the highest crime rates in your area.

Advice

Legal Q&A: changing floor layouts

02-Nov-2015 By Poppleston Allen

This week's legal Q&A focuses on minor floors and variations of licence.

Legal

Advice: testing the water as a camping site

02-Nov-2015 By Poppleston Allen

Many pubs have adjoining land, which they use for a spot of additional business in the form of camping or caravanning.

Licensing

Call for an end to 24-hour licensing

27-Oct-2015 By Emily Sutherland

Staff from across all three emergency services have attacked 24-hour licensing, calling for a return to old pub licensing hours amid increasing concerns about the “huge strain” alcohol is putting on police, ambulance staff and firefighters.

Legal advice

All fright on the night: Licensing tips for Halloween

23-Oct-2015 By Poppelston Allen

The spooky season is almost here and hosting a Halloween event can be a great way to increase footfall as well as boost a pub’s profits.

Legal Q&A: Tenants not agreeing to licence transfers

23-Oct-2015 By Poppleston Allen

This week's legal Q&A includes tenants not consenting to licence transfers.

Interactive map: Country-wide update on the late-night levy

22-Oct-2015 By PMA

With Liverpool and Camden councils consulting on the introduction of a late-night levy, the Publican's Morning Advertiser examines the latest picture nationwide.

Advice

Legal Q&A: rules on pavement furniture and breaching licence conditions

19-Oct-2015 By Poppleston Allen

This week's legal Q&A focuses on how licence breaches could bring closure, and rules on pavement furniture.

Brighton

Proposal for "controversial changes" to licensing policy slammed

16-Oct-2015 By Oli Gross

Brighton and Hove City Council has been criticised for proposing “controversial changes” in a review of its Statement of Licensing Policy.

Legal advice: Calling it on bingo

16-Oct-2015 By Poppleston Allen

You may remember previous articles on Greene King’s application to the Gambling Commission (GC) to facilitate bingo in its pubs. The GC lost the first appeal and on 8 October its second appeal was heard by the Upper Tribunal.

Licensing officers

Exclusive interview: Police chief on horrific pubs, breathalysers and best practice

13-Oct-2015 By Oli Gross

In an exclusive interview with the Publican’s Morning Advertiser, the chief licensing officer at the Metropolitan Police described the best and worst practices he’s seen at pubs, and encouraged licensees to work “as a team” with police.

Legal Advice

How to deal with drunken punters

09-Oct-2015 By Poppleston Allen

A previous article discussed the issue of drunkenness, following a couple of high-profile cases which brought this issue to the forefront.

Legal Advice

Handling the legal issues around designated premise supervisors

05-Oct-2015 By Poppleston Allen

This week's legal Q&A looks at applications for designated premises supervisors.

Legal Advice

Fire safety: Make sure you know all the issues

05-Oct-2015 By Poppleston Allen

A recent case in Dewsbury, West Yorkshire, provides a useful reminder to operators of licensed premises of the need to take issues of fire safety very seriously.

Licensing guidance

Proposal slammed: 14 problems with licensing conditions

01-Oct-2015 By Oli Gross

The British Beer and Pub Association has heavily criticised the drive to create a 'standard pool' of conditions for licensed premises.

Police challenge licensing conditions at Brighton's oldest gay pub after 'alarming' incidents

28-Sep-2015 By Emily Sutherland

Sussex police have hit out against licensing changes at the city’s Bulldog pub for not going far enough to protect drinker’s safety.

Legal advice

How to ensure a minor variation in a licence is successful

23-Sep-2015 By Poppleston Allen

This week's legal Q&A focuses on ensuring a minor variation application is successful.

Birmingham venue hangs onto licence by searching own staff for weapons

17-Sep-2015 By Emily Sutherland

A Birmingham nightclub has clung on to its licence by offering to search its own staff for weapons.

Pub violence

Licensees reassured after brutal pub garden attack caught on CCTV

17-Sep-2015 By Oli Gross

Licensees have been assured they are often not at fault for incidents in pub gardens when the venue is closed - after shocking CCTV footage emerged of a man brutally attacking a woman.

Legal Advice

Freshers Week and student promotions - legal Q&A

17-Sep-2015 By Poppleston Allen

This week's legal Q&A looks at student promotions ahead of the glut of freshers arriving on campuses up and down the country in the next few weeks.

Legal advice

How to deal with your nuisance neighbours

17-Sep-2015 By Jonathan Smith, Poppleston Allen

It has long been a doctrine in licensing law that because somebody had decided to move next door to a 2,000-capacity live music venue, there is no defence for the site in licensing law (whether that be under the old licensing regime or the new regime...

Advice

Top tips for World Cup TENs

09-Sep-2015 By Poppleston Allen

With the Rugby World Cup just around the corner, now is a useful time to set out a few dos and don’ts when it comes to issuing Temporary Event Notices (TENs).

Legal Advice

Don't gamble with your pub

09-Sep-2015 By Poppleston Allen

In this week’s column, we give you an update on gambling regulations relevant to the pub and alcohol industry.

LNL

Liverpool to consult on late night levy

07-Sep-2015 By MC Allegra FS, James Wallin

Liverpool City Council has announced it will seek to consult on a late night levy, more than a year after first suggesting the scheme.

Poppleston Allen

Legal advice: The rules about handing out flyers

03-Sep-2015 By Poppleston Allen

This week's legal Q&A features the issues when handing out gig night flyers in town centres.

Legal advice

The impact of public health in the licensing process

24-Aug-2015 By Poppleston Allen

The Government is anxious for public health authorities in England and Wales to be more involved in the licensing process following their establishment as a responsible authority in 2012.

Police

'Vexatious' PC aims to sue after burglar alarm gives him tinnitus at break-in

24-Aug-2015 By Oli Gross

A licensee fears for the relationship between operators and police as an officer is trying to sue him - claiming a burglar alarm gave him tinnitus when attending a break-in.

Legal

Advice on online alcohol delivery services

24-Aug-2015 By Poppleston Allen

This week's legal Q&A includes information on planning an alcohol delivery service, taking orders by phone or online.

Legal advice

Be prepared for pub inspections

24-Aug-2015 By Poppleston Allen

As an operator of licensed premises, you may be well used to the licensing authority carrying out inspections.

Paranoid? You really ought to be in this trade

20-Aug-2015 By Ed Bedington

You’re not paranoid if they actually are out to get you, and if you’re in the pub trade at the moment, you could be forgiven for being a little paranoid.