Licensing

Gambling rules: the proposed changes are subject to consultation (image: Getty/RobinsonBecquart)

LICENSING HUB - LEGAL WITH POPPLESTON ALLEN

High Stake Gambling reform – A gamble not worth taking

By Alex Tomlinson, trainee solicitor, Poppleston Allen

On 27 April 2023, the Department for Digital, Culture, Media and Sport published its Gambling White Paper, aimed at tackling gambling reform for the digital age. The proposed reforms vary from increased ‘know your customer checks’ to extra powers for...

Information collated: Poppleston Allen outlines the main points when dealing with noise complaints (image: Getty/Gary John Norman)

LICENSING HUB – LEGAL WITH POPPLESTON ALLEN

Keeping the volume of complaints down

By Andy Grimsey, associate solicitor, Poppleston Allen

Dealing with complaints from neighbours arising from music at your premises is a bit of a dark art. There is no black and white answer and the law on public nuisance is blurry to say the least.

Advice given: Poppleston Allen looks into if operators can serve under 18s low alcohol beer (image: Getty/Klaus Vedfelt)

LICENSING HUB - LEGAL WITH POPPLESTON ALLEN

The rules for serving low alcohol beer to under 18s

By Suraj Desor, associate solicitor, Poppleston Allen

This week's column looks at the licensing law around serving low alcohol to customers under 18 years old.

Special weekend: Jonathan Smith (right) expects pubs to be allowed to trade until 1am so long as their current hours go up to 11pm at least (credit: Getty/Alessandro Biascioli)

LICENSING HUB - LEGAL WITH POPPLESTON ALLEN

Extended hours for the King’s coronation weekend

By Jonathan Smith, managing partner, Poppleston Allen

In 1952, the last time we enjoyed a good old knees up at a coronation, the sale of alcohol was governed by the Licensing Act 1921, pubs were faced with many of the restrictions that had applied during the First World War, such as the afternoon break and...

Licence advice: Poppleston Allen outlines how a negative visit from a licensing officer is often followed up with an advisory letter (image: Getty/sturti)

LICENSING HUB - LEGAL WITH POPPLESTON ALLEN

Surviving a licensing inspection

By Graeme Cushion, partner, Poppleston Allen

I have noticed in recent months an apparent increase in the number of licensing compliance visits that are being conducted at licensed premises. Unusually, these seem to have centred mostly around relatively low-risk premises such as restaurants.

End of legal battle: Star Pubs & Bars and the pubs code adjudicator have settled their High Court case

Star to pay £1.25m settlement over pubs code breaches

By Gary Lloyd

Star Pubs & Bars has agreed to pay £1.25m to end a High Court litigation with the pubs code adjudicator (PCA) that began in 2019 after an investigation was launched into the pubco breaching the pubs code.

Numbers game: Poppleston Allen outlines top tips on how to organise and run your raffles within the rules

LICENSING HUB - LEGAL WITH POPPLESTON ALLEN

How to run a raffle in your pub

By Imogen Moss, associate solicitor, Poppleston Allen

As summer fete season draws ever nearer I am sure many venues will be thinking about running raffles.

Changes afoot: Andy Grimsey says pavement licences, which are used for A-boards and tables and chairs, should be renewed until new legislation comes into force (credit: Getty/whitemay)

LICENSING HUB – LEGAL WITH POPPLESTON ALLEN

Pavement licences could become a level playing field

By Andy Grimsey, associate solicitor, Poppleston Allen

If you have tables and chairs outside your premises on pavement owned by your local authority then you almost certainly will be in possession of a piece of paper issued by the local authority allowing you to do so.

Helpful advice: Poppleston Allen issues points to consider when it comes to serious incidents in licensed premises (image: Getty/Stephen Barnes)

Licensing hub - legal with Poppleston Allen

Crime scene prevention

By Andy Grimsey, senior consultant solicitor, Poppleston Allen

It is a sad fact of life that a serious incident can happen even in the best-run venues and while the chances may be small in your pub, the consequences can be severe.

Issue address: the latest Poppleston Allen column looks at security personnel (image: Getty/BitsAndSplits)

LICENSING HUB - LEGAL WITH POPPLESTON ALLEN

Staying secure against rogue security operatives

By Joe Harvey, associate solicitor, ​Poppleston Allen

A man goes to a club and is stopped by the bouncer. “No tie, no entry” he says. The man walks back to his car and desperately searches for the required neckwear.

Detailed checks: there can be various licensing aspects to take into consideration when purchasing a closed property (image: Getty/Weera Danwilai)

Licensing hub - legal with Poppleston Allen

The devil is in the licensing detail

By Carl Weston, head of marketing and partner (non-solicitor), Poppleston Allen

This week, the legal experts at Poppleston Allen look at potential licensing issues when taking on a shuttered site.

Verification required: David Inzani says selling to those under age can cause licence suspensions or even revocations

Licensing hub – legal with Poppleston Allen

The woes of age verification

By David Inzani, associate solicitor, Poppleston Allen

I expect I am not alone in being a 35-year-old who still gets ID’d buying alcohol at the supermarket.

Test purchases: Poppleston Allen issues a number of tips on gaming machines in pubs (image: Getty/SolStock)

Licensing hub - Legal with Poppleston Allen

Age verification for machines in pubs – a gamble not worth taking

By Felix Faulkner, solicitor, Poppleston Allen

Over the recent months I have noticed an increase in both industry and local/national media reports regarding gaming machines in pubs and test purchasing, especially post Covid.

Advice given: Poppleston Allen outlines how best to deal with noise complaints (image: Getty/shisheng ling)

Licensing hub - legal with Poppleston Allen

Top tips on dealing with noise complaints

By Natasha Beck, associate solicitor, Poppleston Allen

With the weather hopefully improving and the lighter nights coming it is likely that operators will be looking to maximise the use of any external space that they may have at the premises.

Glass act: trade bodies believe a lack of clarity on the DRS is delaying preparations for the implementation of the scheme. Credit: (Getty/Zero Creatives)

Many firms won’t meet DRS deadline

By Gary Lloyd

Trade associations have warned the Scottish government thousands of businesses are unable to meet the deadline to implement the Deposit Return Scheme (DRS).

Licence advice: Poppleston Allen outlines how the police may bring a review (image: Getty/BrianAJackson)

Licensing hub - legal with Poppleson Allen

Reminder on reviews

By Graeme Cushion,

Following on from recent and highly publicised reviews involving Brixton Academy and Crane Night Club in Birmingham, it seemed like an appropriate time to issue a reminder on the pitfalls and processes involved in facing a review of your premises licence....

Why does SIBA want draught beer discount rise from 5% to 20%?

SIBA calls for 20% draught duty discount

By Gary Lloyd

The Society of Independent Brewers (SIBA) has urged the Chancellor to expand the draught duty relief to 20% to help the ailing pubs and brewing sector.

Release date: it is reported draft legislation for Martyn's Law is anticipated to be published early spring (image: Getty/djgunner)

Licensing hub - legal with Poppleson Allen

Martyn’s Law – What is it? Who does it apply to? When will it take effect?

By Alex Tomlinson, trainee solicitor, Poppleston Allen

With a view to stepping up the UK’s resilience to terrorism, the Government recently announced details for the Protect Duty, to be known as 'Martyn’s Law' in tribute of Martyn Hett, who alongside 21 others died in the Manchester Area terrorist...

Not a specific offence: drinks spiking has been described as ‘abhorrent’ (credit: Getty/PeopleImages)

NTIA outraged by spiking not being an offence

By Gary Lloyd

The Night-Time Industries Association (NTIA) has voiced its anger after a Government inquiry decided there is no need for a specific offence to be introduced for drinks spiking.

Drinks advice: as well as policy consultations, this week's legal Q&A also looks at wine measures (image: Getty/alaincouillaud)

Licensing hub - legal with Poppleston Allen

Paying attention to policy consultations

By Suraj Desor, senior associate solicitor, Poppleston Allen

The latest Q&A from legal experts Poppleston Allen looks at policy consultations and wine measures.

End-of-year reflection: Fiona Dickie has clarified what her role is as pubs code adjudicator

opinion

Acting on pubs code breaches

By Fiona Dickie, pubs code adjudicator

One of the things learned from talking to stakeholders in developing the pubs code adjudicator’s (PCA) three-year strategy is that people still have different expectations of the PCA.

Festive help: Sarah Taylor (right) discusses the rules of serving alcohol to those as young as 16 (Credit: Getty/Marvin Samuel Tolentino Pineda)

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Know the law on serving alcohol to under-18s

By Sarah Taylor, partner, Poppleston Allen

Of all the articles our licensing solicitors write for The Morning Advertiser each year, there is one topic that gets more feedback and interest than any other – under-18s in pubs.

On track for chaos: Aslef has announced new rail strike action (credit: Getty/Sally Anscombe)

More rail strikes to hit trade again in January

By Gary Lloyd

Strike action agreed by members of rail unions Aslef and RMT will mean chaos for five days in row in early January shortly after the hospitality sector has suffered a “50% downturn” in trade.

Delivering success: Poppleston Allen advises on the legal aspect of setting up a home delivery service (image: Getty/andresr)

Licensing hub - legal with Poppleston Allen

Delivering Christmas cheer

By Felix Faulkner, solicitor, Poppleston Allen

It is undeniable that home delivery is booming. However, the convenience of shopping without leaving the sofa means that you have to work harder to get customers through their (and your) door.

Budget week: decisions will be made at Holyrood parliament in Edinburgh (credit: Getty/godrick)

Plea made for rates relief in Scottish Budget

By Gary Lloyd

Hospitality businesses in Scotland must be given a relief in business rates in the Budget this week to survive this winter, according to a trio of trade bodies.

Oh, what an atmosphere: your efforts can bring people out of home to your pub for the World Cup (credit: Getty/FG Trade)

Atmosphere is key to attracting World Cup fans

By Gary Lloyd

Bad weather may detract football fans from going to pubs for the world cup but the atmosphere inside is a huge draw, according to music licensing society PPL PRS.

Advice given: what happens when a reveller wants to take their half-finished bottle of wine away with them? (image: Getty/Klaus Vedfelt)

Licensing hub - legal with Poppleston Allen

Step in to Christmas… but can I step out with my drink?

By Joseph Harvey, associate solicitor, Poppleston Allen

As I drove into the office one foggy November morning and the rain gently drizzled on to my windscreen, Michael Bublé insisted to me via my radio that it was Beginning to Look A Lot Like Christmas.

Advice given: 'There are some measures that you can introduce to try and avoid being in the position where a customer who has had too much to drink will want to or attempt to drive home and these include encouraging customers who are driving not to drink,' says Poppleston Allen's Natasha Beck

Licensing hub - legal with Poppleston Allen

Vigilance urged on drink driving

By Natasha Beck, associate solicitor, Poppleston Allen

The THINK! ‘Mates for Life’ drink drive campaign has recently relaunched again recently with the aim of encouraging friends to intervene if someone is attempting to drink and drive, with the message ‘A mate doesn’t let a mate drink and drive.’

Get onside with the rules: Poppleston Allen issues warning over excessive fan behaviour (credit: Getty/skynesher)

Footy fans warned over pint throwing ‘assault’

By Poppleston Allen, licensing solicitors

Licensing solicitors Poppleston Allen have warned pubs that football fans who throw pints when the on-screen action gets exciting could be committing assault.

Advice provided: Poppleston Allen provides tips on hosting lotteries and raffles (image: Getty/JodiJacobson)

Licensing hub - legal with Poppleston Allen

Top tips on football fun and festivities

By Alex Tomlinson, trainee solicitor, Poppleton Allen

The men’s World Cup and Christmas festive season has quickly come upon us.

Advice given: Poppleston Allen suggests dealing with the problem head on is the way forward (image: Getty/7713Photography)

Licensing hub - legal with Poppleston Allen

How to deal with noise complaints

By Graeme Cushion, partner, Poppleston Allen

Poppleston Allen partner Graeme Cushion looks at the rules around music noise and residents.

Working together: Government should listen to sector's concerns regarding licensing (Getty/ SolStock)

Licensing Act follow-up ‘extremely disappointing’

By Amelie Maurice-Jones

The Government has published the long-awaited follow-up to the House of Lords Liaison Committee publication ‘The Licensing Act 2003: post-legislative scrutiny’, but it has been dubbed “extremely disappointing”.

Rules revealed: Poppleston Allen looks at the law around under 18s serving alcohol (image: Getty/angeluisma)

Licensing hub - legal with Poppleston Allen

Rules around under-18s serving alcohol

By Jonathan Smith, partner, Poppleston Allen

Thinking of employing your 17-year-old daughter to work behind the bar? Short staffed to such an extent that you need to think about the children of some of your friends helping out in the restaurant? With the well-publicised difficulty in recruiting...

SIBA concerns: sales of cans and bottles have already stopped at many small breweries in Scotland (credit: Getty/FotografiaBasica)

SIBA Scotland urges gov to rethink DRS

By Gary Lloyd

The Society for Independent Brewers (SIBA Scotland) has urged the Scottish government to take another look at its Deposit Return Scheme (DRS) proposal because it threatens the existence of small breweries.