Licensing@aol.com
Party with no music?
Q We applied for an extension for a private party, which was granted, but we have now been told that because of residents' concerns there must be no music after the normal time. Surely I can have entertainment when the bar is open?
A It depends what you put on the form for the temporary event notice (TEN). Remember that this new system for one-off extensions does not just cover the sale of alcohol — it also covers what is known as "regulated entertainment".
If your current premises licence specifically has fixed hours for musical and other entertainment, then you would need to extend these in line with the notice you gave for alcohol. Otherwise, it is true that only the service of drinks would be extended on this occasion and the music would have to stop at the time stated on your licence.
Two points, however. The first is that this is not an application, as under the old system. It is a right, and you are merely giving a notice, which the council must accept. Secondly, the views of neighbours are not relevant to the acceptance of the notice. While the police may object on crime and disorder grounds, neighbours do not have similar rights in respect of nuisance.
Copyright permissions
Q We're taking over a pub and I have been looking at the licences and permissions under the new law, which the current licensee has shown me. But I am not sure about transferring the music licences ,which appear to last beyond the takeover date.
A Unfortunately, you'll need to take out a fresh licence from the copyright agencies concerned. They don't operate on a transfer system.
They will then refund the unexpired portion of the copyright fee to the outgoing licensee. The reason for this is that, unlike other licences, it is a payment in respect of ongoing copyright activity, not a one-off payment, so when the copyright obligation ceases, there will be a proportion of the fee which is not due. The situation is different with the premises licence, which covers both alcohol and entertainment. This may be transferred from one occupier to another.
How many personal licences?
Q I'm thinking of putting all my staff through the BII exam so that they get personal licences. How does this affect my legal responsibilities as the DPS?
A First of all, it is an excellent idea and there is legally no limit to the number of personal licence holders who are working in any one set of premises, as they are not directly connected to the licence. The only person actually named on the licence is the Designated Premises Supervisor (DPS) who has overall responsibility. Those working for you actually selling alcohol may do so whether they hold a personal licence or not. When you're absent you may delegate to them, but in the case of non-licence holders you still retain ultimate responsibility.
