Not for the summer
Q. Is it true that after the First Appointed Day canal boats will not be allowed to run a bar on board without a licence? Someone has written an article about this and we have a number of boats in this area which run day trips throughout the summer. Will they need to be licensed in time for the 2005 season?
A. Not surprisingly there is a lot of confusion about how the new law will affect "new" entrants to the trade, because of the terms of the Licensing Act 2003. But as far as the coming summer season is concerned, I do not think that canal boats will be affected.
The reason for this is that the First Appointed Day has nothing to do with unlicensed activities. It is concerned with the transitional arrangements for existing licensees. As the proprietors of canal boats do not require to be licensed under the terms of the Licensing Act 1964, they cannot be involved in a transition which requires the production of an existing licence.
However, it seems clear that before the Second Appointed Day, whenever that is, they will need to have a premises licence for their boat in order to serve passengers in transit or when moored. This will be a new requirement, but it will not come into force until the new system takes over.
There will be a number of individuals and "premises" that will need the new-style licences in order to continue to operate the sale of alcohol or the provision of regulated entertainment and they will have to go through the process of obtaining local authority licences from scratch, unlike existing licence-holders. But that permission will not be required to be in force for next summer.
Is my presence required?
QI have read your recent article on the new laws and presence on the premises. I regularly take out occasional licences for a nearby function hall. Sometimes, people do not want a full bar service, so we supply the drinks to the organisers, on payment, to be distributed to their guests at the tables. If there is no cash bar, do I or one of my representatives have to be present during the function and am I breaking any licensing laws?
AThe general answer is that, as the licensee of the premises, you remain responsible for what takes place there, regardless of the method of sale or distribution. So you or someone with your authority, ought to be present throughout.
The fact that you have pre-sold the drink is not the issue. You are not acting as a wholesaler or off-licensee in such circumstances, because the actual consumption takes place at premises for which you hold a licence. It would, in fact, be illegal if the organisers sold the drink on to the guests without themselves holding a licence.
But the consumption of liquor must take place under your supervision. There are many aspects of the licensing laws, including drunkenness, disorderly behaviour and consumption outside hours, for which you could be personally liable. You cannot abdicate your responsibilities simply because you have pre-sold the liquor.
If you cannot personally be there for the whole of the function, you must formally delegate your control to someone employed by you. You cannot delegate this to any of the customers. Such a delegation ought to be in writing, to be on the safe side.
