Licensing Law

Legal advice

New licensees...make sure your start-up is sound

27-Jul-2015 By Poppleston Allen

In the thrill of starting up a licensed premises it can be easy to get distracted by thoughts of your very own traditional British-style pub or Tom Cruise’s ‘Cocktail’ joint.

Legal advice

Breath tests are unwelcome

23-Jul-2015 By Poppleston Allen

There has been coverage recently of a ‘voluntary scheme’ introduced in Newquay and Truro, where 21 licensed premises have agreed to introduce breathalyser tests on entry.

Police

Licence revoked after police find drugs and underage drinkers in Welsh pub

21-Jul-2015 By Oli Gross

A Welsh pub has been ordered to close after police found evidence of disorder linked to drugs and underage drinkers at the premises.

Legal

Illegal gambling machines siting

17-Jul-2015 By Poppleston Allen

You may have seen news recently about clubs being prosecuted for illegally siting gaming machines in contravention of the Gambling Act 2005.

London development is killing pubs

14-Jul-2015 By Jessica Mason

I remember being incredibly sad about leaving London. It was seven years ago and, still, it kind of feels like a little bit of my identity is elsewhere.

Advice

Legal Q&A: Outside drinking rules

13-Jul-2015 By Poppleston Allen

This week's legal advice includes examples of outside drinking rules and fears over personal licences...

Legal

Can drunkenness be judged?

09-Jul-2015 By Graeme Cushion & Lisa Sharkey, Poppleston Allen

The issue of drunkenness and licensed premises rarely strays far from the spotlight in the world of licensing.

Breathalysers

Fears that scheme could 'turn pubs into fortresses'

08-Jul-2015 By Oli Gross

Cornwall pubs sign up to voluntary project - but fear from industry that it criminalises well-behaved customers.

Review into iconic Camden pub's ACV listing

08-Jul-2015 By Emily Sutherland

The owners of Camden’s iconic Black Cap have asked for a review into the council’s decision to list the pub as an asset of community value.

Legal Q&A

Should I ban electronic cigarettes?

03-Jul-2015 By James Anderson & Nick Arron, Poppleston Allen

This week's legal Q&A includes commentary on electronic cigarettes and online betting websites.

Legal analysis

Checking closure powers

03-Jul-2015 By James Anderson & Nick Arron, Poppleston Allen

So far as licensed premises are concerned, the main provisions of the Anti-Social Behaviour Crime and Policing Act 2014 came into effect on 20 October 2014, but it is only recently that we have seen evidence of these provisions being put into force.

Nightclub owner faces £20k fine and suspended prison sentence

30-Jun-2015 By Emily Sutherland

A Newport bar owner has received a suspended prison sentence and been ordered to pay £20,000 for illegally playing music.

Norwich adopts Cumulative Impact Zone

25-Jun-2015 By Michelle Perrett

Norwich City is the latest council to adopt a Cumulative Impact Zone in order to fight late-night disorder.

Licensing officers arrested over 'inappropriate relationships' with local business

25-Jun-2015 By MC Allegra FS

Scotland Yard’s anti-corruption squad has arrested two police officers on suspicion of corrupt links to central London businessmen.

NTIA report: Regulation 'unfairly harming' late night venues

23-Jun-2015 By Michelle Perrett

Late night venues are being unfairly harmed by regulation and reduced opening hours, a report by sociologist Professor Frank Furedi on behalf of the Night Time Industries Association (NTIA) has revealed.

Most shocking stories 2015

Licence revoked: Man dies after downing whiskey from bottle

17-Jun-2015 By Oli Gross

A Birmingham lessee had his licence revoked yesterday (16 June) following the death of a customer who reportedly drank half a litre of whiskey in 20 seconds.

IoL

Former Institute of Licensing chairman appointed patron

11-Jun-2015 By Oli Gross

A former chairman of the Institute of Licensing has been appointed as a patron following his ‘exceptional contribution’ to the organisation.

Advice: Licence threats after noise complaints

08-Jun-2015 By Poppleston Allen

This week's legal Q&A includes advice on threats to licences following noise complaints and fights of premises.

Legal

Wetherspoons' travellers case: The dangers of barring entry

04-Jun-2015 By James Evison

There has been an interesting case in the news recently, which has attracted some comment. Many of you will have read about the Coronet, the large Wetherspoon pub on Holloway Road in north London.

Legal

Advice: Avoiding a licence review

01-Jun-2015 By Poppleston Allen

When I am representing clients in review hearings I often think of naked people.

Legal advice

Staying clear on smoking rules

29-May-2015 By Poppleston Allen

All manner of pub-related topics were discussed by the various political parties in the run-up to the General Election but of particular interest was UKIP’s proposal to amend the smoking ban to allow pubs to introduce smoking rooms.

Kingston's Barcadia has licence revoked

18-May-2015 By Emily Sutherland

Kingston council’s licensing sub-committee has voted to revoke the licence of Barcadia, describing it has a ‘focal point for antisocial and criminal behaviour.’

Newcastle council raises £300k from late night levy

15-May-2015 By Mike Berry

Newcastle council raised more than £300,000 in the first year after introducing a late-night levy, new figures have revealed.

Advice

Legal Q&A: Appeals against licensing committees

14-May-2015 By Poppleston Allen

This week's legal Q&A includes appeals against decisions of licensing committees and when training records should be considered inadequate.

legal advice

Positive trading environment and collaboration benefits everyone

14-May-2015 By Poppleston Allen

Long gone are the days when the trade and the authorities worked together for the good of the late-night economy.

Licensing

Trade figures call for review of late-night levy

13-May-2015 By Mike Berry

Senior trade figures have called on the new government to review the late-night levy (LNL) following the release of figures revealing that Cheltenham Borough Council has raised less than half the money expected from the fee and that one in five licensed...

News focus

Full analysis of the Cheltenham late-night levy revelations

13-May-2015 By Michelle Perrett

Cheltenham was the second council in the UK to introduce a late-night levy (LNL) in April 2014. A year on, the PMA’s legal specialist Poppleston Allen made a Freedom of Information request to assess its impact on pubs and other licensed venues. Michelle...

Newham licensee wins appeal after having licence suspended for nine months

12-May-2015 By Emily Sutherland

A north London licensee has branded a Newham licensing sub-committee decision as ‘the worst thing that has ever happened to me’ after having her licence suspended for over nine months.

Councils able to charge for enforcing sexual entertainment licences

30-Apr-2015 By Michelle Perrett

Councils have been given the green light to charge fees for the enforcement and administration of Sexual Entertainment Venue Licences.

legal news

Licensing review threatens long-running beer festival

28-Apr-2015 By Emily Sutherland

A long-running beer festival is under threat due to a licensing review by Stratford-upon-Avon district council.

Late-night sector creates trade union

27-Apr-2015 By Mark Wingett, M&C Report

Sector gets together for positive promotion of industry and halting regulation.

Legal

Can you have a beer garden without a licence?

24-Apr-2015 By Poppleston Allen

Summer is fast approaching and the forecasters are predicting a three-month heatwave, so now is the time to put those green fingers to good use and get your beer garden looking great in time for what the less cynical among us hope will be a summer of...

licensing

Nightclub owner receives £18k fine for playing music without licence

21-Apr-2015 By Ellie Bothwell

A nightclub owner in Wales has been ordered to pay almost £18,000 to music licensing organisation PPL, or face a prison sentence, for playing music without a licence.

Licensing

JDW wins late night levy appeal

21-Apr-2015 By Ellie Bothwell

JD Wetherspoon has won an appeal against Newcastle City Council’s refusal to allow the company to vary three of its pubs’ hours to avoid paying a late-night levy.

Legal

Clarity needed on home gaming machines in pubs

20-Apr-2015 By Poppleston

What is the legal situation regarding making game consoles available to customers?

Legal advice

Powers of entry code explained

20-Apr-2015 By Poppelston Allen

Get to grips with the new code of practice, which came into force on 6 April.

Legal

Advice: The social media minefield

14-Apr-2015 By Poppleston Allen

New apps and social networks could land a licensee in trouble, if not navigated appropriately.

legal advice

How to face a licensing hearing - and win

09-Apr-2015 By Poppleston Allen

In this article, we highlight some more practical issues that operators can face if they choose or are otherwise required to attend a licensing hearing without legal representation.

Legal advice

Q&A: Police action against employees and charity events

09-Apr-2015 By Poppleston Allen

This week's legal Q&A focuses on what to do when the police want to ban an employee from a venue, and what to do when charity winner drinks a bottle in a un-licensed village hall

Legal advice

Advice: Timescales clearer on deregulations

09-Apr-2015 By Poppleston Allen

We have been commenting on the Deregulation Bill 2014 for some time and providing updates where possible on the proposed timescales for it receiving royal assent and the Deregulation Act coming into force.

Licensing law

Pub entertainment deregulation comes into force

07-Apr-2015 By Mike Berry

Red tape has been cut for pubs wanting to host live music and community events following changes that came into force on 6 April under the Licensing Act.

Legal advice

Legal Q&A: Licence applications within a cumulative impact zone

02-Apr-2015 By Poppleston Allen

This week's legal Q&A looks at licence applications within a cumulative impact policy area and capacity limitation being removed from licences.

Legal advice

Legal top tips: raising funds for charity

02-Apr-2015 By Poppleston Allen

Clients often ask how they can raise funds for charitable causes and have ideas for a variety of promotional events, which could be used to support good causes.

Legal

Advice: Decoding premise licences

02-Apr-2015 By Poppleston Allen

Some of my clients’ premises licences look like a modern version of the Voynich manuscript.

Warrington licensee alleges police ‘vendetta’

02-Apr-2015 By Ellie Bothwell

A Warrington licensee hit out at the “outrageous” tactics of police officers, after he was arrested and faces trial next week for licensing breaches that had already been investigated during a civil review.

Licensing Act: Offences now carry 'potentially unlimited' fines

01-Apr-2015 By Helen Gilbert

Magistrates could hand out unlimited fines for offences under the Licensing Act 2003, following the removal of a cap on maximum penalties.

Personal licence renewals abolished from 1 April

27-Mar-2015 By Ellie Bothwell

Publicans with personal licences expiring on or after 1 April 2015 will not need to apply for renewal, the Home Office has confirmed.

Legal

Advice: What licences do you need for music?

24-Mar-2015 By Poppleston Allen

Music in your bar or club is one of the most important elements of the entertainment you provide to your customers — you wouldn’t visit a nightclub if there was no music.

Legal

Legal advice: The risk of fire hazard rules

10-Mar-2015 By Poppleston Allen

It goes without saying that there is a very large amount of regulatory compliance, which affects licensed premises. Fire safety is a such an area, which is very important, bearing in mind the tragic consequences that can flow from a failure to comply.