Q We have just taken over our first pub, having worked in the club trade for some time. Do we need a separate TV licence for the accommodation part of the premises, as in the past, the one licence covered the whole club, including our accommodation.
A You may have been told that you did not need a separate licence in your previous employment, but I am not sure that this is strictly true.
The situation for the pub, according to the television licensing authority, is that each defined area of the premises must normally have its own television licence. Even licensees who live on the pub premises are required to take out a separate licence for the private quarters, in addition to any licence which they hold on a commercial basis for the television in the bar or bars.
The only exception to this is where television is provided in every guest room in an hotel, pub or guest house which provides overnight accommodation.
A special concessionary licence is available which means that the hotelier does not have to pay the full fee for each room.
With regard to your previous employment, the television licence for the club should have been taken out by the club secretary. The licence for the steward's accommodation was, strictly speaking, your responsibility.
Period of notice rights
Q I would like some advice regarding our bar manager's contract of employment. When we first hired him it was just for part-time work, then he became assistant manager, then manager when our previous one moved away. He is on a yearly contract. What is his period of notice?
A First of all, the fact that he previously held a part-time position is not relevant to this question. It may be that in those days you did not bother with a proper contract of employment, but the situation is entirely different now and I think you would have some difficulty in claiming that he was anything other than a full-time permanent employee.
You mention a yearly contract. This suggests that you have been advised that if his actual employment is for less than a year you can escape certain employment obligations and can effectively terminate his employment without notice at the year end.
I think this is a mistaken assumption and I suggest that you take some further advice to ensure that you are not hauled before an industrial tribunal if you try an instant dismissal.
The period of notice for termination should either be given in the written terms and conditions (which you are required by law to supply within two months of the start of employment) or it will be calculated on the basis of the number of years of employment (which will include his previous work in the bar) up to a maximum of 12 weeks after 12 years.
You do need ongoing advice and some helpful literature can be obtained from your local Department of Employment office or on the web at www.dti.gov.uk/er/