QIf a father walks into the pub bar and asks for two lagers, then takes them into the garden and gives one to his16-year-old son, is he breaking the new laws on under-age drinking?
I am told it is now an offence to buy drink "on behalf of" someone under 18.
Is this case an offence?
ANot at the moment.
But the law on consumption by youngsters under 18 will be tightened in due course under the 2003 Licensing Act.
As things stand, the father is not buying "on behalf of" his son.
The father is committing no offence.
The licensee is certainly committing no offence.
The son is committing no offence.
The law prohibits consumption of alcohol in a bar by someone under 18: the son is not in a bar, so the prohibition does not apply.
The father is an adult: he bought the drinks and he paid for the drinks.
He has acted legally.
The licensee, or the server, has done nothing wrong.
They have sold to an adult in a bar of a licensed premises.
They have not sold to the son.
They are not allowing a person under 18 to consume liquor in a bar.
One further point: even if the son had actually given money to the father and asked him: "Get me a pint of lager, Dad", the licensee would still not have been guilty of any offence.
He had no means of knowing about that transaction, so was selling to the adult in good faith.
The father would, however, have been committing an offence under the re-drafted provisions of section 169 of the 1964 Act.
Obligations on holiday pay Q We took over a pub earlier this year with existing staff, one of whom has decided to leave.
He is now claiming pay for holidays that he did not take under previous owners.
Our holiday year runs from 1 April and this refers to a time at the end of last year.
Are we obliged to pay him an extra fortnight's pay and does the transfer mean we have to take on this obligation?
AMy understanding is that accrued holiday pay is only payable on termination of employment and that there can be no carry-over from the previous holiday year.
In other words, holiday not taken during the holiday year is lost and cannot be reclaimed even on termination.
As long as it is clear that the holiday year ran to 31 March for this employee, then you are entitled to treat accrued entitlement from 1 April only, and disregard any previous time.
The TUPE Transfer of Undertakings (Protection of Employment) situation should not be a consideration, as employment rights such as holiday entitlement will be held to continue"seamlessly"through the transfer.
Football TV from abroad QWith all the fuss about Sky TV charges at present, would it be legal to use another source, such as a European channel that I have been told about, which shows live Premiership matches on Saturdays, Sundays and Mondays, with English commentary, plus European Cup matches?
AThe situation with regard to receiving and showing football in pubs is complicated and depends on a number of factors.
The televised broadcasts of Premier League matches are not only copyright, but there is a European ban from FIFA on broadcasting live football on Saturday afternoons anyway.
Responsibility for enforcing this in England rests with the Football Association.
It has already threatened to prosecute several people who have attempted to breach this rule.
BSkyB does not show Saturday afternoon football for this same reason, although it is licensed to show other matches.
Of course, if you show Sky Sports to your customers without having the necessary licence from Sky, it will pursue you.
I would strongly advise against this scheme.