Restricting movement
Q We have had no objections to our application to open until 2am instead of 1am, as at present, but the police have imposed certain conditions on our licence (most of which we already have, ie, SIA doorstaff, plastic glasses etc). But they have said they will object if we allow entry after midnight. Currently people come to our place at any time and we have had no trouble. Can they do this?
A There have been a number of reports of conditions of this kind being sought by the police. It rather flies in the face of the declared intention of the Government, which was to take a more relaxed approach to when premises were open for trade.
I have to say, when examined in detail, there is no logical reason why movement between premises should be totally inhibited in this way. If people are to have a choice, and licensees are to be allowed to trade when they think it appropriate, this type of condition will be seen as unnecessarily restrictive.
Also, as the police have no evidence that existing movement to your premises after midnight has been a source of disorder, they cannot really claim that such movement is 'likely to have an effect on the licensing objectives.
You should resist this approach and ask the authority to grant your licence without this condition, on the basis that if late movement is identified as a potential key to disorder, a review of the licence is more appropriate.
Holiday entitlement
Q I work full-time as a barman on a shift system, which means that sometimes I work five days in a week and sometimes six. I asked about holidays and was told that I get 20 days per year, which cannot be taken in periods longer than a week. Is this right?
ANo, it is not strictly accurate and you may need to take further advice. Under the Working Time Regulations workers are entitled to four weeks' paid leave each year. But this is not 20 days it depends on the number of days worked in a week. The actual number of days will vary, depending on how many days you work, but the overall entitlement remains at four weeks.
An employer can require a worker to take all or any of the leave entitlement on specified dates provided the worker is given written notice before the leave is due to start. The period of notice must be at least twice as long as the leave period, for example, three weeks' leave would require a minimum of six weeks' notice.
Otherwise, workers are entitled to choose their leave dates subject to giving notice in the same way as employers are required to do and any other company rules. Such rules should be notified to workers in writing.
A worker whose normal working hours vary from week to week, as yours do, would receive the average hourly rate of pay over an average of their normal weekly working hours through the previous 12 weeks.
How many holders?
Q How many personal licence holders can be attached to one set of premises?
A Wrong question. Personal licence holders are not 'attached to premises, or to the licence. Only one person is linked to the licence, and that is the Designated Premises Supervisor, who must hold a personal licence. Depending on the size of the premises, there can be any number of other personal licence holders working there, who are able to control the sale of alcohol or other activities. There is no set limit.
