Church v pub on Sabbath

QIs there actually a law which means thatmagistrates cannot grant an extension for pubs on Sunday mornings?

We have taken over avillage pub near land where there is a lot of sporting activity on Sundays, but the word around here is that you can't get an extension while a church service is on.

We are some way from the parish church.

Does this rule apply to us?

AThere isn't any specific law that prevents the grant of a special order of extension on Sunday mornings and there is no mention of that day in the relevant part of thelicensing laws.

However, one of the main reasons for the fact that normal Sunday permitted hours do not start until noon is a general respect for the morning of the Sabbath, which is only now being called into question in a multicultural society.

This being said, it may be that the bench is wary of granting Sunday morning extensions because of local feeling on the issue, which is getting back to you.

However, if the events you describe are of local significance, and you identify a demand, then you can approach them with a request, just like any other time.

If they think, on the evidence, that there would be a disturbance to church services, then they may refuse you, and unfortunately there is no direct appeal against such a refusal.

You should note that there will be nothing to prevent youseeking Sunday morning hours when you come to apply for your new premises licence.

If nobody objects, you will be able to open every Sunday morning from some time in 2005.

Off-sales when bar is shut QCould you explain the legal position for pubs such as mine which do not have a separate off-sales department.

We normally close the bars during the week because of lack of trade, but we are still on the premises because we have other business there.

Can we make off-sales when the bars are closed, or must we only do so when we are actually open for trade?

AIt is true that you can sell in the afternoons, just like any other licence holder.

It seems that you have been misled by someone saying that you are only allowed by the terms of your licence to sell "both on and off the premises" at the same time.

They are saying that when you close the bar, you have nowhere to sell from.

Nothing in the law states that pubs cannot open at different times for different things throughout the day.

However, if you do not have a separate off-licence section, then technically, sales may only be made from that part of the premises approved by the justices.

This being said, if you have a side hatch or garden servery leading off the bar, as many pubs in your area do, then sales can be made from there throughout the afternoon, if there is someone available to sell.

You are entitled by the terms of your licence to make off-sales, as long as you are doing so in a licensed area.

A word of warning, however.

If you allow people who have bought off-sales to drink in the areas around your pub, unsupervised, during the afternoon, you may risk complaints and an application for a restriction order.

This could apply to periods when you actually wanted to have on-trade on your premises, not just off-sales.

It is best to be on your guard against this happening.