QI think I have read somewhere that persons using their own caravans in our field at the rear of the pub, paying us a fee, counts as "residents" for drinking outside hours. Is this right? ANot in my view. Although they are occupying a form of sleeping accommodation on your "premises" for payment, they probably won't come within the exemption contained in the Licensing Act. The reason for this is that where persons are occupying sleeping accommodation which is separate from the main building, they are only to be treated as resident if: l they are "provided" with that accommodation in the course of a business of providing board and lodging for reward at those premises and l the building in question is habitually used by way of annexe or overflow. In the first place, a caravan cannot really be classed as a building. Whatever construction is put on the meaning of the word "premises" elsewhere in the Licensing Act, the word used in this context is "building", and a caravan in my view would not qualify. Secondly, the sleeping accommodation was not provided by the licensee nor provided in the course of his business. Only the right to park was given. It is a travelling caravan owned and used by the persons visiting the pub. As such, they are treated as "residing" elsewhere than on the premises. This means that drinks may only be sold or supplied to those persons by you during your permitted hours. Finding out the dates QWe have been told to apply for an extra hour in the evenings for our food service before the change in the law. How can we find out when to apply to the justices for an extension? AUnder the terms of the current Licensing Act 1964, the licensing committee, as it is called, must fix dates for an annual general licensing meeting in the first two weeks in February and not less than four transfer sessions throughout the 12 months, beginning with February in each year. In practice, most districts hold more than four such sessions, to deal regularly with licensing business. In many districts, the sessions are held on a regular monthly basis, on the same day in each month (for example, the first Tuesday). However, there is no need for guesswork. The dates must be fixed either before or at the Annual Licensing Sessions in February, so that the clerk to the justices should now be able to let you have the dates of all the remaining transfer sessions up to the beginning of next year. More importantly, he can also tell you the period of notice for any applications for extensions such as the supper hour certificate, which is what you require. You will then know the latest date you need to apply for a particular transfer sessions. Many licensing clerks have offices where you can call for this information. Or you can write or telephone to the magistrates' courts in most areas to find out information on licensing matters. Fresh food menus QAll our lunch-time dishes are home-cooked and sometimes there is a rush and we run out. One disgruntled customer said that we could be prosecuted for putting things on the menu which were not available and he would report us to trading standards. AWell, he won't have much joy. The menu, although covered by certain regulations, is still an invitation to the customer, not a binding contract. If he proposes to buy something from you, you are entitled to tell him that the item or items have run out. Common sense dictates that home-cooked food may be of limited availability in certain circumstances and no breach of the law has taken place.
