Licensees must take care to display all required information
by Richard Williams of thePublican.com's legal team of experts from London solicitors Joelson Wilson
I imagine that most major pub companies will already be complying with the Business Names Act 1985, by prominently disclosing details about the ownership of their business at each site. However, this legal requirement can easily be overlooked and failure to display the required information is an offence.
The act applies to:
- a company trading under a name which is not its corporate name (eg a pub name)
- a partnership which does not trade under the name of all of the partners
- an individual who trades under a name other than his surname, either with or without first names or initials.
Where the act applies, you will need to display the following information in a prominent position so it can be easily read, in the place where you carry out business (and additionally anywhere else where you deal with customers or suppliers):
- the name of your company, or
- the name of each partner, or
- the individual name, and
- for each person named an address where documents can be served on you.
This information must also be displayed clearly on business letters, written orders for goods and services as well as invoices and receipts.
The requirement to display business ownership details is in addition to the requirement under the Licensing Act 1964 to display the name of the licence holder and brief details about the licence in a conspicuous place "on or affixed to licensed premises".
Food description
The Trading Standards Institute has an excellent website with detailed guidance about trading standards laws relating to licensed premises.
You will find a guide to price-display requirements, weights and measures legislation, sales of tobacco and other issues directly relating to your industry at www.tradingstandards.gov. uk.
The guidance about accurate food descriptions will be particularly helpful when writing up food menus, blackboards and adverts and the trading standards service will offer advice before you print menus and price lists. Some common incorrectly used phrases when describing food include:
- home made - should be used only for food made on your premises
- fresh - this food must not have been frozen, canned etc
- scampi - must be wholetail scampi. Reformed scampi must be described as "reformed"
- smoked - must be traditionally smoked otherwise must be referred to as "smoke flavour".
Incorrectly describing food is an offence and if you have any doubts about the correct legal description for food that you sell, I would recommend that you consult the website for initial guidance.