Simpler system for outside catering

There are a number of pub licensees who have for many years offered their services for outside occasions, supplying food and drink at events in the district. In the past they have used the occasional licence provisions of the old Act to gain the necessary permission, where the premises they were using were unlicensed.

The temporary event notice system under the 2003 Act was intended to cover all these requirements, both for licensed and unlicensed applicants. But a problem does occur for those businesses that have a lot of clients throughout the year, because they can only apply for a maximum of 50 themselves, and some of the venues they use will be limited to 12 - as will their own pub.

There may be good news on the horizon, if the Department for Culture, Media & Sports (DCMS) can move things on: they have more or less finished considering a simplification to the law that will allow village halls and community centres, often used for this type of event, to have an "unmanned" licence

in future.

What this means is that they will not need themselves to provide either a designated premises supervisor (DPS), or indeed a personal licence holder to look after alcohol sales. Overall responsibility would move to the "holder" of the premises licence, which could well be the village-hall committee or the community association.

There is no doubt that there has been some reluctance to license village halls and the like because of the personal responsibility that may be involved. People were not prepared to come forward and act as a DPS when other users might put them in jeopardy. So many halls just allowed users to apply for temporary event notices and kept clear of the licensing system themselves.

Whether this new concession will encourage them to take the plunge and get the hall licensed remains to be seen. But if they do, then it will make life easier for the caterer/licensee. Because he will not need a temporary event notice at all. The hall will already be licensed.

Another benefit is that the hall may be used even more during the year, because the limit of 12 under the temporary event provisions will also disappear for the venue itself. If there is enough business, it will be able to be hired as much as it is needed.

All the licensee has to do is to ensure that the hall is booked and that he knows what the agreed hours are for the venue. He can then set up a bar and catering facility without any requirement for an additional formality. And it will not count towards his personal 50 maximum either.

A number of local authorities, in response to encouragement from the DCMS have themselves licensed certain council venues and open spaces both for alcohol and entertainment. A list of these can be found on the DCMS website.

The same situation would apply here, because if the licence is already in existence, a caterer can come straight in and sell without further formality, although the local council may have contract conditions that must be complied with.

It is likely that most halls would ensure that the premises licence they obtain covers the hours when they are prepared to be open for the accommodation of hirers. So the only difficulty would be if someone wanted to run an event late into the night. Apart from the fact that most village halls would not allow this anyway, if an extension was required, that would indeed mean a temporary event notice for the additional period.

Licensing@aol.com

Club stewards and the law

Q With regard to the new licensing laws for this working men's club, how do I stand as a club steward if one of the committee members orders me to serve someone who is drunk? Is the law the same as it would be in a pub for me and my staff?

A This is a very important point for all club staff, and for committees as well. The new Licensing Act has extended the prohibitions on serving certain people to clubs operating under a club premises certificate, and to all persons who are

either selling or supplying alcohol,

including club stewards and staff, and

even members who take on responsibility for the bar at certain times.

The penalties and indeed the on-the-spot fines can now apply equally in private clubs as they have done throughout for public houses.

It is, therefore, appropriate to apply these rules wherever possible, in a sensible fashion, in all clubs. The basic position is that you and your staff could risk prosecution if the facts were discovered, and so could members of the committee

and officers.

I recognise that there may be internal difficulties here, so it is advisable to bring the situation formally to the attention of the whole committee.

That way they are completely aware of the law, and your representations will be placed in the minutes.

Refusal of pub repairs

Q We took over a pub last year which was not in a good state and since that time there has been leaking from the restaurant roof. We have asked the pub-operating company about this many times, but eventually they have refused to pay for the repairs, saying this and the doors are our responsibility. What are our rights?

A You have raised a number of points in your letter about your negotiations with the company, some of which suggest that you may not have read carefully enough or cannot understand the terms of the lease which you signed.

For all incomers to the trade, it is essential to establish from the outset who, if anyone, takes responsibility for repairs to the fabric of the premises.

It is such a crucial point and vitally affects the viability of the lease itself. If you are taking on a punishing rent and are to be held responsible for external repairs as well, do your sums carefully and walk away if the figures don't add up.

My advice is to look at the lease carefully. It is probable that there is no exact liability for repairs written in, so it is a matter for negotiation between you and the operating company.

If you do not feel up to it, get an expert to help you to assess the likely cost. However, your description of what you took over leads me to think that the company will take some persuading.

Conditions carry over

Q Do conditions applied to a licence under the old 1964 Act carry over on to the new licence?

A Those which were written on the face of the old licence should carry over on a straight conversion, unless an application for variation to remove them was made at the same time during transition. The answer is to read the new premises licence to see what is on it. If a condition has been omitted, there is little that can be done at this stage.