Law

Charity: attended GMB meeting

GMB: playing chicken with pubcos

By The PMA Team

Our local GMB meeting was full of vehemence, but failed to reassure tenants on the legality of any future industrial action, says The PMA Team.

Coulson: warning licensees bout foreign satellite screening

Foreign satellite footie still illegal

By Peter Coulson

No reader of the Morning Advertiser can have failed to pick up the saga of foreign satellite transmissions of premiership football, says Peter Coulson.

Coulson: caution on vending machines

Vending machine responsibility

By Peter Coulson

An alcohol vending machine does not relieve you of the obligations of the Licensing Act, says Peter Coulson.

Cock Inn: at centre of Crehan dispute

Bid to re-open Inntrepreneur pub case

By Ewan Turney

A former Inntrepreneur multiple lessee is urging others interested in re-opening the infamous case against the pubco to get in touch. The case...

Coercion in disguise

Coercion in disguise

By Peter Coulson

The idea of "voluntary" agreements has been around for a long time in the licensed trade, and has not improved with age. The latest, in Rotherham,...

Peter Coulson

Improving the legislation?

By Peter Coulson

It was not going to be long before the first problems emerged with the new minor variations procedure, and so it has proved. I have received an email...

Pubwatch: legal ruling on-hold

Crucial pubwatch decision on hold

By MA reporter

The licensed trade must wait for a test case ruling on the legality of pubwatch bans. A judge at London's High Court has reserved judgment to give...

Pubwatch bans: under scrutiny again

Pubwatch bans back in High Court

By MA reporter

The legality of Pubwatch bans face further examination as a second legal challenge got underway in the High Court today. Drinker Francis James Boyle,...

Martin: more legal action to follow

More legal action for JD Wetherspoon

By Andrew Pring

JD Wetherspoon is believed to have issued proceedings against the property agent Paul Ferrari, following the legal victory over the agents Van de...

Coulson: booking a table means making a contract

How to handle food 'no-shows'

By Peter Coulson

There have been a number of successful claims made by restaurateurs in recent years against no-showers, says Peter Coulson.

Oldham Council: Clamping down on drinks promotions

Trade eyes legal fight with Oldham

By John Harrington

Trade leaders are considering a judicial review against Oldham Council for its controversial bid to review licences at all 22 town centre bars. In an...

Coulson: responsibility of premises licence holder clarified

H&W case clarifies legal responsibility

By Peter Coulson

Last week's High Court victory for Hall & Woodhouse has clarified the position on the direct responsibility of the licence holder for offences committed by others, says Peter Coulson.

Regulation of pubs getting worse

Regulation of pubs getting worse

By John Harrington

Tough new laws and regulation schemes have lead to more rigorous enforcement of pubs, says licensing lawyer Graeme Cushion. Enforcement surrounding...

Keith Bannister

Pub in hot water over smoking shelter

By Gemma McKenna

A licensee has been threatened with legal action after being told his smoking shelter is 64.8% enclosed, and he must reduce the walls by 5.1sq m.

CCTV: fears over blanket use

Trade fights to halt massive power shift

By Tony Halstead

Four major trade groups are consulting lawyers about the legality of new Home Office plans. These would give councils powers to impose draconian...

Coulson: planning appeals can work

Planning appeals do work

By Peter Coulson

Making an appeal is free, but it should only be used as a last resort — and if you have a genuine and arguable case, says Peter Coulson.

Coulson: a licensee is not compelled to do business with anyone he doesn't wish to

To ban or not to ban

By Peter Coulson

MA legal editor Peter Coulson considers the case of a Pubwatch ban being taken to the High Court again.

Coulson: lack of willingness to challenge behaviour in higher authority

Not an appealing prospect

By Peter Coulson

One of the major differences between the workings of the old 1964 Licensing Act and the current 2003 version is the lack of clarity about what the law actually means, says Peter Coulson.

Pubs could save money on PPL licence

Trade wins landmark music licence battle

By Ewan Turney

The trade has won a landmark legal battle against the Phongraphic Performance Limited (PPL) that could save pubs millions of pounds in music licensing.

Hosts could still be prosecuted after European case is heard

Footy prosecutions 'pointless' until Europe

By John Harrington

The Premier League says it would be "pointless" bringing new prosecutions for foreign satellite screenings at pubs until after the landmark legal...

Pubwatch bans are legal, says court

Pubwatch bans proved legal...again

By John Harrington

The right of pubwatch groups to ban people from venues has been upheld once more at the Court of Appeal following an appeal by a man against his ban handed out by Buckingham Pubwatch.

Councillors went beyond their remit

Court overturns suspended licence

By John Harrington

Magistrates have overturned a pub's licence suspension — saying it amounted to a punishment and had nothing to do with protecting the public....

Hogan: Lost appeal on flouting smoking ban

Smoke ban rebel loses appeal

By John Harrington

Smoke ban rebel licensee Nick Hogan has lost his Crown Court appeal against convictions for flouting the smoking ban. Hogan appealed three of his...