Licensing@aol.com
Consent to alterations
Q Under the old regime, you had to apply to the justices for a consent to any structural alterations to the premises which involved the public areas. There was always a debate about kitchens, private accommodation etc. Are there new rules covering this?
A As things stand, any alteration to the furnished plans which form part of the operating schedule are technically a variation of the licence, requiring a full application to the local authority and advertisement in a local newspaper.
This is a very costly exercise and there have been many complaints about the disproportionate expense, which is why the Department for Culture, Media & Sport (DCMS) is now consulting on a simpler variation process for small alterations, which is due to come into effect some time this year.
My concern is that in some areas officers are insisting that any change to any part of the premises requires a full variation, whereas logic dictates that it should only cover the commercial operation (ie, not the private quarters or non-public areas).
It may be too much to hope that revised Guidance will indicate just how much discretion licensing officers will have in determining what needs a minor variation application and what does not.
Hours for residents
Q I was reading recently about 24-hour licences. We have a small hotel and guest house and simply applied for grandfather rights during transition. There is actually no mention of residents on our new licence. What is the situation?
A You should have received the same conditions and concessions that you had under the old law, including the right to sell alcohol to residents at any time. The whole object of conversion was to give existing licensees a similar position to the one they had before, not to remove established rights.
The fact that this is not mentioned on your licence may be simply an omission by licensing officers who were not entirely up to speed on the existing legal position. Or it may be that the view was taken that if you did not specifically ask for this to be continued, it was lost.
That is not my view. It was not made incumbent on licensees to spell out the terms and conditions of the 1964 Act, although several local authorities took it upon themselves to tell everyone what was "inherited" into the new system. You still have the right to sell alcohol to residents whenever it is appropriate.
Holidays for part-timers
Q Will the new holiday rates which you mentioned recently apply to part-timers as well as full-time staff?
A Yes. The new increased holiday with pay entitlement will apply to all workers, irrespective of the number of days worked. For example, someone who works three days a week will be entitled to the same 4.8 weeks of paid holiday as a full-time worker, but pro rata, which amounts to 14.4 days of leave in a year.
I accept that this makes the mathematics slightly more difficult, because we are now dealing with fractions of days, instead of the clearer four-week period. Every worker, however, is entitled to know what their holiday entitlement is, so you must ensure that all employees have details of their holiday rights under their contract of employment.
The new rates will not last long: they will go up again to 5.6 weeks as from 1 April 2009.
