There is a recurring complaint about the raft of regulations with which licensees now have to comply. I can truly sympathise, but it might sometimes be better to be wise before rather than after the event.
Take fire risks, for instance. An operating company (not the only one) has recently been fined a large amount for failing to ensure proper fire precautions were in place, including fire exits screwed shut. Bearing in mind some past horrendous cases, that could be tantamount to manslaughter.
But the continuing debate is: who pays? I regularly receive correspondence on this point, particularly from tenants: for example, an enforcement notice to install fire detectors/alarms and put right several other things. The landlord, a pub company, says that as they have a self-repairing lease it would be up to them. Why isn't it the owner's responsibility?
It depends on the lease. In a lot of cases with older pubs, the defects go back some years. But that is of no concern to the fire officer, who is looking at the risks involved, with a view to issuing an enforcement notice to ensure that the public can use the premises in safety. Fire precautions are now entirely a matter for the fire authority and play no part in licensing — in fact, any fire conditions on the licence are null and void. But when you are the person operating the premises as a business, under the terms of your lease the liability may be down to you.
There were changes in the law a couple of years back, which have meant that there is now a form of self-certification, where you have to prove to the fire authority that the premises are safe for those who use it when you are conducting your business there. There will, therefore, be a set of minimum standards with which you have to comply in order to satisfy the fire authority.
But there is always some give and take on these issues. The best thing to do is to take some independent expert advice from a fire-safety consultant, who will be able to advise you what the minimum requirements are, and perhaps offer some alternative solutions, if the notice has gone too far, or tried to make you do things that are not legally necessary. Any money you spend on advice may well be saved on the final bill.
Q&A
Altering price of drinks
Q. This May there is a special event near here, with spectators coming from all over the country. Would it be all right to raise my prices for the duration of this event, as long as I changed my price list too?
A. There is nothing illegal in raising prices during an event, as long as you are careful to ensure that the prices match what the customers can see on your price list and people are not misled. Retail prices are not set, and vary throughout the country.
You may charge what you fix yourself, subject to market conditions and, of course, the goodwill factor among your regulars.
It would, however, be illegal to charge one price for some customers and another price for others. As with special offers, you should give a clear indication, both to your staff and to your customers, when the change is going to take place. After all, you do not want to lose your existing trade just for a few days' quick profit.
I should add that shifting prices is full of dangers and should only be undertaken very carefully. There is a danger of being accused of profiteering and a mistake could also land you in trouble with trading standards.
Officer behind bar
Q. In our club, the chairman of the bar committee has taken to working behind the bar on the steward's day off and during his holidays. He is paid the same wage as the steward gets for this work. As he is an elected officer, is he allowed to be directly employed in this way?
A. Unless there is a specific club rule on the matter of elected officers working for payment in the club, then I can see nothing technically wrong with this arrangement.
Certain officials such as the secretary may already receive payment for one aspect of the administration of the club. Although it is called an "honorarium", it is in fact a salary or wage. It is not just to cover claimed expenses. So there is an official who is in reality an employee of the club already.
If he does other work for the members, such as standing in for the steward, then this is an extension of his existing work, and no different in kind. He will be liable for tax and NI payments on all his remuneration, from whatever source it comes.
Some clubs make it a rule that officers or committee members cannot take any office of profit within the club. This then means they can make judgments and decisions about employment without having any interest in the issues. But this is clearly not the case in your club.
Are TENs available every day?
Q. I have been told that although temporary event notices are available to licensees, there are certain days of the year on which they are not allowed. Is this true?
A. No, it isn't. There used to be one or two days during the year when occasional licences could not be granted, but all that was swept away when the Licensing Act 2003 came into effect. A temporary event notice can now be given for any time of the day or night, 365 days a year.
However, if one was given for really antisocial hours, then the police might object on crime and disorder grounds, citing the possibility of disturbance leading to violent conduct. But this is in itself stretching the grounds for objection, and in general they will not object unless there is a clear breach of the law anticipated.
So TENs are allowed for Sundays, Christmas Day and any other religious holiday, as well as televised sporting events at unusual times, such as early morning. No objection can be raised as to the actual times, although if the new curfew provisions come into effect in your area they may affect TENs as well on certain mornings between 3am and 6am.