Wages can be paid in pubs
QSomeone has told me that it is illegal for a local builder to pay his men in my house.
He has done it for years, every Friday.
Is there a law on this?
AWell, there was, and it only disappeared from the statute book comparatively recently.
There was an Act known as the Payment of Wages in Public Houses Prohibition Act 1883.
The object, I assume, was to prevent workers drinking away their hard-earned cash before they got home on a Friday night!
But under the terms of the Wages Act 1986, this ancient statute technically expired on 1 January 1987, along with no less than 12 other statutes concerned with various aspects of the paying of wages in trade and industry.
This means that it is no longer illegal for the practice of builders and others to pay their workmen in the bar.
Although as with any other activity, it is entirely up to the licensee to decide what should and should not be allowed to take place on his or her premises.
In spite of this Act, it has always been lawful for the licensees to pay wages to their own staff on the licensed premises.
Since 1987, a licensee has been entitled to pay staff by means other than cash, such as cheques, money orders, standing orders or direct debit, if this is agreed.
Extreme care should always be taken where sums of money appear to be changing hands regularly in the bar.
In particular, licensees should be on the lookout for betting or gaming transactions which, if discovered, could render them liable to prosecution and a fine.
Can a video store sell wine?
QWe have heard that a local trader is selling cases of wine from his own country in his video store.
We have checked and he has no licence.
Isn't this illegal?
ANot necessarily.
When the excise licence for wholesalers was abolished in 1981, no other form of authority or permission was introduced to take its place.
This means that anyone is able to set up as a wholesale dealer in beers, wines and spirits without going to court and without any direct check on their background, past record or competence in the trade.
In addition, there is nothing in the current law that technically prevents such a wholesaler from selling to members of the public.
The definition of "wholesaler" in the Alcoholic Liquor Duties Act 1979 is merely given as "a person who deals wholesale in dutiable alcoholic liquor", and to deal wholesale merely means to sell in certain minimum quantities from established premises.
The Act says nothing about "trade customers only" or "not for retail sale", and therefore, the status of the buyer is not legally important.
Under the terms of the 1979 Act, to deal wholesale means to sell to an individual at any one time in quantities of one case (or 9 litres) for wines and spirits; and two cases (20 litres) for beer or cider.
Wholesalers are not bound by permitted hours but must not sell to persons under 18 years of age.
