Q&A

Present and correct

Q. When is says that a sale by an under-18 staff member has to be 'specifically approved' by an adult, does this mean physically present? It does not say so in the Act. Could they not do it by an intercom link, or from another bar?

A. There is great debate about this whole question at present, but it tends to get mixed up with the general fuss about under-age sales, which it should not do. There is absolutely no evidence that young employees are more likely to sell to under-age purchasers. In fact, they probably are more suspicious, but some feel they lack the experience to stand up to someone trying it on.

In terms of the Licensing Act, the prohibition is on "unsupervised sales" and although the heading is not part of the law, it is clear that the supervision should be a proper one, which usually involves a clear and unrestricted view of the seller and purchaser. That would suggest physical presence. There is also the fact that if a licensing officer or policeman came into the bar and saw the situation, they would immediately ask about supervision.

So far I am not aware of any cases turning directly on the point, although there have been a couple of lower court decisions on supermarket checkouts which suggested that long-distance consent to the sale was inadequate. To be on the safe side, I would say that the approving adult ought to be behind the same bar and in sight of the whole transaction.

Football fundraiser

Q. I have been approached by the members of our pub football team who want to run a lottery. They say the proceeds will be used to buy team kit and pay for away matches next season. They want to do it after the European Championship. I am not sure if this is legal. Don't they have to be a separate club with their own premises?

A. It is very important that you check on any gaming activity, including any lottery, which is to take place on your premises. However, in this instance it would appear that as long as the proceeds are used in the way suggested, the scheme is within the law and tickets can be sold to ordinary customers or members of the public in general.

Under the terms of the Gambling Act 2006, it does not appear to be a requirement that the club should have its own premises. A "non-commercial society" may run a lottery for charitable purposes, to support participation in or support of athletic sports or games, or cultural activities, or for any other non-commercial or non-profit-making reason.

If the team did wish to run a lottery, however, there would be certain formalities to be complied with. The "club" would need to be registered with the local authority for the purpose of running lotteries, and a simple form is usually available to enable an officer of the club to do this. Thereafter, returns have to be made to the local authority after any lottery has been held, proper tickets have to be printed and all tickets must be sold at the same price. This cannot be done in a hurry.

Notify the change

Q. We have recently changed the name of our operating company, although the directors etc remain exactly the same. Would we have to amend the licences which we hold?

A. Yes, certainly. The current information held by the licensing authorities in question is out of date. You must send back the original premises licences for amendment and re-issue. It will cost you £10.50 for each one and the fee must accompany the notification.

In the circumstances you describe, there is not a transfer of the licence, which would require a different form and a different fee.