Boat and train licensing
Q Under the existing laws, certain moveable objects such as boats and trains gain an exemption from licensing, and from permitted hours.
What will be the situation when the new Licensing Act takes effect?
A The situation with regard to trains and planes remains more or less the same in general, the sale of alcohol is not a licensable activity and therefore is not covered by the Licensing Act.
However, a new provision has been included, so that a magistrates' court may prohibit or restrict the sale of alcohol on certain trains in certain circumstances, for example, football supporters' excursions, on application by the police.
But the law for inland boats will change.
As the law now stands, a pleasure boat or ferry plying between places in England and Wales does not require a licence and is not subject to permitted hours.
In future, such vessels will require to be licensed as if they were premises, with the licensing authority being that of their "home port".
If they sell alcohol, they will need a designated premises supervisor and an operating schedule appropriate to the activities they undertake, which can of course include entertainment as well as the supply of drinks.
PELs for New Year's Eve Q I have been unable to find any reference to the situation on New Year's Eve this year with regard to public entertainment licences.
Can you confirm that they will be extended, or do we need to make a separate application to the local authority?
A No, you do not.
Under the terms of the now-permanent Special Occasions Licensing Order, the extension of permitted hours over the New Year period also covers entertainment.
This means that if you hold a public entertainment licence which is stated to end at, say, 2am on Wednesday night/Thursday morning, that permission will automatically continue on New Year's Eve for as long as you decide to remain open.
Both the relevant Acts covering entertainment in London and outside have been amended to make this permission automatic, so that there is no requirement even to notify the local authority that you intend to take advantage of it.
Remember, however, that the statutory controls of noise nuisance remain in force, even over New Year, so that if you continue to make excessive noise, you may still receive a visit from an environmental health officer.
Xmas trade in social club Q I am the steward of a social club.
The committee has decided that it does not want to open the bar on Christmas Day, but the members are keen for me to do so.
Is there any way that I can open the bar on my own account for this time only?
A This is not advisable.
The certificate of registration authorises the club to supply liquor on the premises and there is no permission for an individual to sell on his own account.
There is also a provision under the terms of club registration that no person should make financial gain from the supply of liquor, other than a general gain arising to the club (which pays your wages).
As you do not hold a licence, you are not authorised to sell.
An occasional licence can only be applied for by someone who holds a justices' on-licence.
Your only recourse, it seems to me, is for the members themselves to persuade the committee to relent and allow the bar to open.
If this is an economic decision, there might be ways to keep costs down on the day in question, perhaps through volunteer, rather than paid, bar staff to help you.