Responsibility for repairs

QWe took over a pub earlier this year which was quite run down and for most of that time the roof has been leaking. We have asked about this many times, but eventually the pub operating company has refused to pay for the repairs, saying this and the doors are our responsibility. What are our rights?

AI continue to receive a number of letters on this and similar points, all of which suggest that the lessees in question do not bother to read or cannot understand the terms of the lease they are signing.

These days it is essential to establish from the outset who, if anyone, takes responsibility for repairs to the fabric of the premises. It is such a crucial point and vitally affects the viability of the lease itself. If you are taking on a punishing rent and are to be held responsible for external repairs as well, do your sums carefully and walk away if the figures don't add up.

My advice is to look at the lease carefully. It is probable that there is no exact liability for repairs written in, so it is a matter for negotiation between you and the operating company. If you do not feel up to it, get a expert to help you to assess the likely cost. However, your description of what you took over leads me to think that the company will take some persuading.

Stewards and the new law

' have been looking at the new licensing law which comes in this November. How do I stand as a club steward if one of the committee members orders me to serve someone who is drunk? Is the law the same as it would be in a pub for me and my staff?

A For the next three months, social clubs are exempted by the provisions of the Licensing Act 1964 with regard to drunkenness or serving, which only apply to licensed premises. So you are not in the same position as pub bar staff.

However, with the advent of the new Licensing Act, requirements regarding such actions have been extended to clubs operating under a club premises certificate, and to all persons who are either selling or supplying alcohol, including club stewards and staff and even members who take on responsibility for the bar at certain times.

It is, therefore, appropriate to apply these rules wherever possible in a sensible fashion in clubs prior to the change in the law, because from that date you and your staff could risk prosecution, and so could members of the committee, who should be made aware of these forthcoming changes, and in any event should not place you in such a difficult situation.

Staff smoking next to bar

QThere has been a lot of discussion about banning smoking. But what about staff? Is it alright for a barman to go through the hatch to the customers' side and smoke there, when he must not smoke when he is on duty?

AFood includes drink, so when you are serving drinks behind the bar you are technically in a 'food room to which the hygiene regulations apply.

The current regulations, made in 1995, mention a number of issues concerning personal hygiene, including workers refraining from smoking while handling open food. The reason for this is the possible transmission of germs from the saliva of the server into open food, or open drink.

There is also a prohibition against eating or drinking while handling food for the same reason of cross contamination.

It is, anyway, good practice not to let the staff smoke while they are serving. The rather meaningless gesture of walking through to the other side of the bar to have a cigarette rather defeats the object, unless after smoking the barman washes his hands before serving again. You should have a clear house rule on smoking.