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Are painted signs binding?

QI took over this pub after Christmas and have been struggling to retain staff. Recently, I had a visit from a council official who said there had been a complaint about our signs on the building which state "food always available." They are painted on and I inherited them. Can I be prosecuted? We do a limited meals service at lunchtimes.

AThe answer to this question depends very much on the circumstances. However, there may be legal action which can be taken against a licensee for persistently issuing a misleading or false trade description about the facilities or services which he offers.

Technically, signs such as "food always available", or "lunches served daily" should accurately describe the situation to be found by customers. It would be misleading to use either notice, for example, for a pub which had no food service on a Sunday.

The fact that this type of notice may be painted on to the building rather than placed outside as a sign will not affect the need for accuracy, as far as Trading Standards law is concerned.

The signing of this type is really a form of advertising to the general public, and as such comes within the ambit of the local Trading Standards officer, who may be asked to make inquiries about its accuracy.

Clearly, where food is not available through some

emergency or unforeseen circumstance, such as illness, non-delivery or a sudden influx of customers earlier in the day, the fact may be enough to render the licensee free from prosecution.

But where a sign states that food is "always" available, the law might consider that most foreseeable eventualities should have been dealt with by the licensee who caused the message to be placed outside the premises.

Is thug ban law relevant?

QWith all the changes that have taken place over the past year, I am trying to find out if the so-called Ban the Thug Act has been repealed and if there is now a power for the police to ban people from premises?

A No, the Licensed Premises (Exclusion of Certain Persons) Act 1980 is still on the statute book and was not directly affected by the Licensing Act changes.

The only change was, of course, in the definition of "licensed premises" for the purposes of the Act.

It still affects people who either use or threaten violence on licensed premises and are taken to court as a result.

The magistrates, or the judge in more serious cases, can issue an order banning them from the named premises, or

any others, for a period ranging from three months to two years.

Of course, the court can only issue an order on request, either from the Crown Prosecution Service, the police or the affected licensee.

Pump in a different bar

QI often use a handpump in a separate bar for premium ales, which I admit is out of sight of the customer. Is this technically illegal? Must the customer see the actual pouring?

ANot generally, and certainly not with handpumps. The rule on visibility only applies where metered dispense equipment is installed and consequently unstamped glasses are being used in the premises.

Under weights and measures legislation, the requirement for stamped glasses is dispensed with, as long as the dispense point "...is installed in such a position that the delivery of

the liquor into the container can readily be seen by customers in that part of the premises where the buyer ordered the liquor."

So with metering equipment, the customer is entitled to

see his pint poured in front of him, so that he can be sure

that a full measure has been dispensed from the

equipment.