Cocktails and spirit measures

QDo the changes to the laws on measures make it legal for a cocktail barman to mix spirits freehand in an ordinary licensed bar?

I do not think such places are exempt from the law on spirit measures.

I did not see any notice on spirits in the bar at all.

AAll licensed premises where spirits are sold by retail for consumption on the premises are obliged by law to publish the metric quantities in which the four named spirits ­ gin, rum vodka and whisky ­ are sold.

The notice must be kept permanently on display where intending purchasers can see it, and the licensee is committing an offence if he does not have it displayed.

Under the terms of regulations made under the Weights & Measures Act, there are two exceptions to the general rule that gin, rum, vodka and whisky must be served in specified quantities: 1. Where the named spirit is a constituent of a mixture of three or more liquids; or 2.

Where any mixture is made up at the request of the buyer, containing one or more of the named spirits.

In this case there is no requirement that the mixture should be a minimum of three liquids.

The exceptions are clearly most relevant to cocktails which may be made up in proportions which are different for each drink, and where the quantity used may, for some people, be crucial.

No offence will, therefore, be committed if the licensee or a member of his staff pours these spirits freehand to make such a mixed drink.

When staff are left in charge QA friend of mine is going on holiday and leaving his pub under the control of his bar staff, who are not on the licence.

I said he needed a licensed manager for the time he's away and he said it was alright as they knew what to do.

Who's right?

ANeither of you is entirely right.

But the important point is that responsibility remains with the holder of the licence to ensure the premises are run properly and in accordance with the law.

First of all, there is nothing in the Licensing Act which requires the holder of a licence to be permanently on the premises while they are open.

Some courts have taken this view, but it is clearly neither practicable nor reasonable to impose such a burden.

The same view seems to be running around the new council licensing people, but it will be spelled out loud and clear that the situation on responsibility remains the same and the permanent presence of the designated premises supervisor is not required.

But the licensee absenting himself for a holiday period must ensure that the premises will be run properly while he is away.

He sometimes does this by bringing in a relief manager, but he can also delegate his own responsibility to someone else.

Currently, it is not possible for the person in temporary charge of the premises to be "licensed" for the period.

There is no such thing as a temporary licence of this kind.

Nor is it a requirement that a holiday stand-in should obtain a protection order or interim authority, because both are concerned with the actual transfer of the licence.

What needs to happen is some form of appointment, preferably in writing, which puts another person in charge of the premises while the licensee is absent.

Just telling bar staff to carry on running the pub, without some form of specific arrangement, is both irresponsible and risky.

He should appoint one senior member of his staff to act on his behalf while he is away, ensuring he knows and understands the licensing laws properly.

Remember, if something does go wrong, the landlord can still be prosecuted, even if he was on holiday at the time.