Licensing@aol.com
Juniors in the bar area
QWe have a junior dance group that meets in the mornings in the lounge-bar area of this pub because the local hall is currently closed for renovation. Now, someone has queried this, saying that unaccompanied youngsters under 16 (they are mostly aged 12 to 15) cannot remain in a bar. Am I breaking the law?
A I assume that the bar itself is closed at the time this group meets. In such circumstances, the prohibition on young persons being present unaccompanied does not apply.
The relevant section of the Licensing Act 2003 creates an offence of knowingly allowing an unaccompanied child to be on relevant premises "at a time when they are open for the purpose of being used for the supply of alcohol for consumption there."
At other times, or in other parts of the premises which are not so used, there is no strict prohibition on the presence of children, even if other parts of the premises are being used for alcohol sales.
I have seen a suggestion that the prohibition applies to the hours stated on the premises licence. This is also not true; it is the actual use of the premises that dictates the legal position.
Club staff after time
QWhat is the position of club bar staff regarding drinks after time? Can they use up their free allocation or take drinks previously bought, like pub bar staff?
AThe concession for after-hours drinks provided by licence holder to staff members contained in the Licensing Act 1964 did not apply to registered members' clubs, where there was no licence holder.
It depends whether the pouring of the drink constitutes a licensable activity under the new Act. If it is a sale to the person in question, then it will clearly be caught. Similarly, a "supply" by or on behalf of a club to, or to the order of, a member is covered by section one and will not be allowed outside the agreed hours.
This means that the drinks bought for staff by members must not be poured, because that would constitute an illegal supply. But a genuine gift is not a licensable activity and so the club could technically "give" drinks to bar staff for consumption after time and stay within the law.
Multiple measures
QI have recently switched to 35ml measures for my spirits. Can you tell me whether it is legal to serve multiple measures in the same glass, or can you only serve the larger measure as it stands?
AThe relevant Weights and Measures Order actually states that "a multiple" of the stipulated measure may be used, as long as the same quantity is in use throughout the premises.
So, according to the law, you can put as many shots as you like in one glass. But you cannot mix 25ml and 35ml measures for gin, rum, vodka or whisky on the same premises, even in different bars.
