Licensing@aol.com
Alterations to a licensed area
Q This is a members' club and we want to extend the lounge bar into a patio area. The work is being done by a member who is a builder and he has given us sketch plans of the extension, but an officer has said we need architects' drawings. Is this correct?
A Not for the licensing change. The Government has already made it clear that there is no legal requirement for the plans submitted with an application for variation to be drawn by an architect, as long as they are sufficiently clear to show what is intended in terms of the alterations to the licensed area.
However, where planning consent is required, then the planning department may well require plans that show certain technical elements, such as drainage, wall thickness, materials etc. In such circumstances there may well be a requirement for proper drawings, which will satisfy the legal requirements.
Clean glasses every time?
Q In discussion with one of my customers who is a former environmental health officer, the question was raised whether we need to supply a clean glass for each drink. Is there any law on this and could we be prosecuted if, for example, we re-filled a regular customer's glass at his own request?
A Beer is a food, so it is important to know that food legislation and in particular the Food Safety Act 1990 applies to the way it is served.
A strict reading of the previous Regulations made under this Act might suggest that all "open food" must be contained in a glass or container that is "clean". Thus, each purchase of a pint of beer ought to be presented in a clean glass. However, the more recent Regulations do allow for the discretion of environmental health inspectors in relation to the nature and use of the container, and the re-filling of a customer's glass with the same type of drink would not, in my view, render the licensee liable to direct prosecution.
Hotel bar changes
Q We run a small hotel and in 2005 we simply changed over to a new-style licence, which means we can still only serve residents. The annual fee is expensive for us. Is there any way we can switch to serving non-residents as well, so that the bar becomes more viable?
A Yes, you can certainly make a variation to remove the residential conditions from your existing licence. But it would be sensible to check first with the police and the licensing authority as to whether there is any resistance locally to such changes, bearing in mind the cost involved.
Some authorities will not allow private hotels to expand their licensed trade in this way, while others are more relaxed about it, as long as certain conditions are met. You would be well advised to do your homework before seeking a change in your licence.
