Licensing@aol.com
Enforcing drinking-up
Q If there is no drinking-up time on the new-style licences, what legal right do I have to enforce a drinking-up time for customers after I have decided to stop selling in the evening? A customer has challenged me about this.
A This has never been simple. Under the previous licensing system there was a legal obligation not to "aid and abet" customers to commit an offence. So you had to actively encourage them to comply with the law by finishing their drinks within the statutory 20-minute period allowed.
There was no actual offence of "permitting drinking after hours", so the licensee could not specifically contravene the Licensing Act. The police either charged you with selling after time, which was — and still is — an offence, or aiding and abetting consumption - the latter was regularly used.
Under the new law, consumption of alcohol is not licensable, so it is true that the actual legal sanction against the customer has gone, because he commits no offence. But you retain the right of admission to your premises and can set limits, including enforcement of drinking-up time, if you wish. The contract the customer makes with you is a complicated one, including the sale and the right to remain to consume the drink within specific time limits. When the limit is reached, the contract ends and he must drink up and leave.
Displaying DPS details
Q Is it a legal requirement to display the home address and telephone number of the Designated Premises Supervisor? We have been threatened by a group of men who were barred and I am scared that if my personal details are made available, something might happen.
A You are right to be worried, but it is not a requirement of the licensing laws that those details are included on the licence summary displayed at the premises, and they should not be.
Some early licences did have this information, but were withdrawn after protests about security. It is regrettable that some managers have been targeted by people aggrieved at being barred, but nothing in the Act requires public display of personal information of this kind.
As I wrote recently, it is clearly important that bar staff do have contact details for the DPS readily available in case they are asked for them by the police or licensing officers.
Club steward licence
Q I have applied for a job as a steward with a large social club. I hold the National Certificate for Personal Licence Holders (NCPLH) and a personal licence issued by another council. Will this be required if I go to work for the club and will I become the DPS?
A The committee may ask to see your qualifications as part of the interview process, but the personal licence may not be required at this club if it holds a club premises certificate.
Such clubs are exempt from the requirement to have a DPS or to have sales made or authorised by the holder of a personal licence. It is considered that the committee is responsible collectively for the supply of alcohol to members, guests and visitors, and no further technical qualification is needed.
However, a number of stewards do have personal licences, and an increasing number of clubs switching to licensed status now have a premises licence instead of a certificate. If this is the case, your personal licence will be vital to your application.
