' have not yet applied for my personal licence because I have a problem. The person who was named on the licence with me has now left the company, but he was convicted of a serious licensing offence for which I was also charged but it was nothing to do with me, so I was acquitted.
I have now been told that the conviction was entered on the register. I have the licence itself, but it says nothing about the conviction, How do I stand?
AIf it is a conviction recorded against the current licence that you hold, then indeed it will show up on the register.
I do not think, however, that such records will pass over on application for a personal licence, because although you have to send in the actual licence (the piece of paper) the conviction will not show there, and you are not obliged to reveal it as a 'relevant offence because you were not convicted.
There is no actual procedure yet specified for the register of convictions itself to be passed to the local authority but, clearly, the police will have a record of the conviction. When you make application for a personal licence you must send a copy to them within 48 hours.
Even if they do discover the conviction, they cannot object to the personal licence under the terms of the Act because it is not a relevant conviction against you personally.
Removing conditions
Q We are currently considering our application for conversion and variation and have been advised by our local licensing officer that we can remove all embedded conditions under the Licensing Act 1964 if we request it on our form. Is this a good idea?
AYes it is, and it is something that I advise, too. There has been much discussion about what constitute these so-called embedded restrictions and an opinion
has recently been issued by the DCMS on the matter. But in line with what I have written before, it is much better to start with a 'clean sheet and begin to operate from 24 November completely under the new rules wherever possible.
The forms are, unfortunately, not best designed to cope with all the issues which have cropped up since the First Appointed Day. But many licensing authorities are taking a positive line in order to help existing licensees. If you are going to vary, you want to be rid of all the restrictions that are not contained in the new law like credit sales, drinking up and the like. Removing all these is a good idea.
Incidentally, I do not consider that you have to list each and every one you can think of. A general request is perfectly satisfactory under the law.
Employing young people
Q Can my daughter, who is 16, serve food and wine in our restaurant? Various people have been giving me conflicting advice on this matter.
AAs long as it is separate from the bar in your pub, yes. However, she
cannot take an order for wine and fulfil it (ie, collect the bottle) from the bar, as this would constitute 'working in the bar itself.
Of course, if she is enrolled on the Modern Apprenticeship Scheme and is registered with the police, she would be allowed to do that as well. But for the moment, it is perfectly in order for her to wait at tables outside the bar area.
You should note for future reference that the prohibition on young people working in the bar is removed under the Licensing Act 2003, but that each actual sale of alcohol made by someone under 18 must be specifically authorised. This will not be required if the sale is made in the restaurant area, as now.