Keep licence in your pub
QWe have recently taken over this pub from our relatives.
The other day, a policeman came in and demanded to see the licence.
I told him the court or the agent had it.
He said we had to keep it on the premises.
Is this true and can he demand to see it?
AYes, it is true.
In this respect a justices' licence is rather like a driving licence, in that you are obliged to produce it when requested to do so by a police officer.
It may be that he was checking to make sure that you have actually gone ahead with the transfer of the licence.
Over the years I have received several reports that relatives have taken over premises without bothering to transfer the licence.
The relevant section of the Licensing Act 1964 is section 185 which has been variously amended throughout its life, but now provides for a licence to be produced for examination on the order of a magistrate or a police officer.
If the licensee fails to do this "within a reasonable time" then he is liable to a fine, if the matter is taken to court.
I would assume that the court register of licences would be the most appropriate place to look, if the police were checking on the actual licence-holder.
But it would still appear to be the case that the piece of paper or log book should be in the possession of the holder of the licence, so that it can be produced in accordance with this section.
Serving a barred punter QIs it true that if another licensee lets a person drink in his premises after a Ban the Thug Order is made, even if he is named in the order, it is not illegal?
I thought that there was an obligation on licensees not knowingly to serve such people?
AWhatever your personal feelings on this action, it is for some reason enshrined in the relevant Act the Licensed Premises (Exclusion of Certain Persons) Act 1980.
It must be remembered that the exclusion order applies in the first instance to the convicted person, ordering him not to enter the premises on which the original offence was committed, or any other premises named in the order, on penalty of a fine of up to £200 or one month's imprisonment.
The order does not impose any legal obligation upon the licensee or his staff in respect of the banned person.
They are not obliged to refuse service to such person, although in the vast majority of cases they would enforce the ban anyway.
The Act states that if the person is allowed to enter at "the express consent of the licensee of the premises or his servant or agent" no offence is being committed.
So the legal answer to your question is yes.
It is not illegal for a licensee to consent to admit a banned person, even during the currency of the ban which includes his own premises.
Under-18s in gastro-pubs QI was saddened to read your recent article about family members under 18 being banned from drinking.
Does this mean that top-class restaurants and gastro-pubs cannot allow families to share a bottle of wine together?
ARegrettably, the law is being changed, but in the scenario which you paint, only slightly.
The wine-sharing will continue to be legal, but only with those aged 16 or above.
It follows that restaurateurs will have to police their tables to ensure that 14 and 15-year-olds are not offered a small glass by doting parents, as in the past.
