Q&A
Clean glasses for each round
Q. When I was in training we were told that a clean glass should be used for every drink, ie, no refills. Someone has said that you have written that this is no longer the case. So what is the position if we re-fill a regular customer's glass at his own request?
A. It is true that there seems to have been a change in thinking here. First of all, it is important to know that beer is classified as a food, so 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 "clean" glass or container. 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. So 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.
However, if inspectors did insist on the use of clean glasses for each drink, then this would be within their powers under the regulations and would constitute recommended practice for the drinks trade.
Licence for petrol station
Q. Under the old law I seem to remember that petrol stations were banned from selling alcohol. Now, one has re-opened near to this pub with a complete refit and seems to be able to sell both food and alcoholic drinks in their shop. Has the law changed?
A. The restriction on alcohol sales that you mention was not a complete ban, and the previous law has been more or less repeated in the Licensing Act 2003.
This provides that certain premises on motorways and main roads may not be granted a licence. In addition, premises that are "primarily used as a garage" are classified as excluded premises under the 2003 Act, for which a premises licence cannot be granted. This definition includes petrol stations.
However, much depends on the interpretation by the licensing authority of the phrase above, and petrol stations have successfully argued that they are not primarily used for the sale of petrol, given their new role as convenience stores. This seems to be what has been argued in your own example.
It, therefore, remains a decision to be taken by the licensing authority itself, when it receives an application, as to whether the application can be entertained by them, and this may need a hearing to determine.
Wine as a raffle prize
Q. We run a university bar and have been asked about people donating prizes of alcohol at a charity fund-raising event that takes place this term. Do we need to obtain any special licence or permission to have these out on display for the raffle? They will not be sold, merely offered as prizes. The bar will run normally during the event.
A. It is true that technically the provision of alcohol prizes at an exempt entertainment such as the one the students are running would constitute a sale of alcohol. But there are two points to be made here: the first is that there is now an exemption for "incidental non-commercial lotteries" contained in section 175 of the Licensing Act 2003 which has been amended by the Gambling Act 2005. A licence is not required where prizes of alcohol (in sealed containers) are awarded in such a lottery.
Secondly, you have a licence already for the bar authorising the sale of liquor — it does not have to be specific in terms of the sales it covers (although it may be in terms of who may be served) and I would suggest that it is perfectly adequate to cover this minor technical issue.
