QWhat will be the position under the new law with regard to letting people in early, before the permitted hours start? Will it be illegal to unlock the pub doors before the official start of the morning session and allow people into the premises, for soft drinks or coffee?
AThere has for many years been confusion in the licensed trade between 'opening hours' and 'permitted hours'. This may get slightly more difficult under the new law.
In general, there are currently no such things as opening hours for public houses. Nothing in the Licensing Act 1964 makes it necessary to bolt and bar the doors of licensed premises when drink is not being served. If you have obtained 'grandfather rights' during transition, you have not been required to limit your hours of opening.
However, where you have applied for a variation, you have been asked to state the hours when the premises are open to the public. Unfortunately, if you have filled in these boxes with a 10am starting time, and it has been made a condition of the licence, you will not be allowed to let people in before that time.
Most licensees like to clear their premises of customers in the evening after a long day, and this is their right, even under the new law. No one may stay on the premises if the licensee asks him to leave. But on the other hand, if a licensee permits people to enter his premises before the stated times for the sale of alcohol, no offence is being committed.
There would, however, be an offence if alcohol was supplied or sold before the time stated on the premises licence and the police would be entitled to ask for a reason why people should be admitted early, if they suspected that an offence might be in contemplation.
In this respect it should be remembered that the 'sale' is not made when the money changes hands but when the drink is poured. Delaying payment until the commencement hour does not get around the law.
Family circumstances
QWe have just discovered that one of our deputy managers has a disabled child and he has asked for time off to take him to and from the hospital. He did not reveal this to us when he was transferred. What is the legal position?
AYou will find that the parents of disabled children have enhanced rights with regard to parental leave from work.The right to take parental leave lasts in such cases up until the child's 18th birthday. The normal extent is until the child's fifth birthday.
Also, parents of disabled children are entitled to take leave a day at a time, whereas other parents must make arrangements for leave in blocks of a week or more.
However, all parents must comply with the regulations in order to claim entitlement. The first condition is that the manager must have worked for you for at least a year. Secondly, he has to give you at least 21 days' notice of the times he wants to take off. Thirdly, there is a maximum of four weeks' parental leave in any one year.
But this is clearly a case where you need to have a proper discussion with him, so that you can work out the best arrangements. If the child has a disability living allowance, for example, transport help may be possible unless the child has to be accompanied by a parent to these appointments.
But be warned failure to comply with the regulations could be taken to an employment tribunal. It is advisable, where possible, to ask about family circumstances at interview so that you will not be taken by surprise when these issues are raised with you.