Licensing Law

Over-zealous enforcement by police can lead to serious problems for operators

A nightmare tale of over-zealous enforcement

By Poppleston Allen

I thought it would be useful to tell you about what can happen when there is a serious incident at a licensed premises and how difficult it can be to re-establish the former trading position. You may not be able to rely on the much-vaunted ‘partnership...

Pubs bars EMROs late night levy

Majority of local authorities shun EMROs and late-night levies

By John Harrington

More than three quarters of local authorities have ruled out introducing either an early morning restriction order (EMRO) or a late night levy (LNL) in the near future, while just 1% say they plan to introduce either measure, according to a survey of...

The number of pubs with gaming machines permits has increased

Gaming machines, licensing authorities and pub visits

By Poppleston Allen

The statisticians have been hard at work on behalf of the Gambling Commission with interesting results (honestly!) for the licensed trade. The commission recently published the licensing authorities’ statistics up to 31 March 2012, which include details...

Smith:

Police, pre-loading and EMROs

By Jonathan Smith

In a previous column my fellow partner James Anderson wrote a piece on “The demonisation of alcohol”, concentrating on underage drinking. I would like to consider its demonisation in terms of the levels of alcohol consumption and some of the grounds for...

Legal checklist: Avoiding underage sales

Legal checklist: Avoiding underage sales

By Poppleston Allen

While the code of practice on age-restricted products encourages regulators to give advice in clear, accessible language and work in partnership with operators, there is still plenty more pubs can do to avoid the pitfalls of selling to underage customers.

Ensure your CCTV is working and footage available to the police

Legal checklist: Dealing with a serious incident

By Poppleston Allen

Whether you operate a quiet country pub or a busy night-time bar, sadly there is always the risk that a serious violent incident might occur at your premises. Let’s hope it never happens, but having dealt with many such situations in the past, here are...

The Innsatiable furniture shop/bar in Farnham began life without a premises licence

Are premises licences worth it?

By Poppleston Allen

What is the true value of your premises licence? Do you really need one and what are the risks of maintaining one? 

The DPS is the main point of contact in discussion with police

Legal checklist: Appointing a DPS

By Poppleston Allen

While many of you will already have undertaken the appointment of a designated premises supervisor (DPS), the importance of the role can often be forgotten, with potentially damaging consequences.

Underage drinking and the demonisation of alcohol

Underage drinking and the demonisation of alcohol

By James Anderson

I wanted to write a piece about underage drinking and I should say at the outset that these views are my own and they will be controversial, but I do believe that debate is good and vive la difference! writes James Anderson, partner.

Pubs should be wary of growing local authority power

Pubs should be wary of growing local authority power

By Poppleston Allen

The Local Government Association (LGA) and Alcohol Research UK recently co-authored a document entitled Public Health and Alcohol Licensing in England, essentially a briefing note for councillors and council officers, highlighting the fact that public...

Gaming machine permissions: a legal guide for pubs

Gaming machine permissions: a legal guide for pubs

By Poppleston Allen

Visits to licensed premises by some licensing authorities over the past year have highlighted the fact that a surprising number of publicans do not have the correct permissions for their gaming machines.

Legal tips: how to spot counterfeit alcohol

Legal tips: how to spot counterfeit alcohol

By Poppleston Allen

Many readers of the PMA will be aware of the dangers of selling counterfeit alcohol and already have systems in place to address this issue. This is a salutary reminder of the risks faced if counterfeit alcohol is found, sold or consumed on licensed premises.

Legal checklist: Guidelines for operating CCTV

Legal checklist: Guidelines for operating CCTV

By Poppleston Allen

Increasingly, we are being called to give advice about the licensee’s responsibilities regarding CCTV. Police and other regulatory agencies will want to have conditions on your premises licence that require you:

Islington reviews plans for late-night levy

Islington reviews plans for late-night levy

By Adam Pescod

Islington Council is reviewing proposals for a late-night levy after it emerged that not all of the money raised for policing will end up in the borough.

Entertainment deregulation: the year ahead

Entertainment deregulation: the year ahead

By Poppleston Allen

Of all the legal predictions we’ve made I didn’t expect one of them to be that regulated entertainment was going to become both easier and more difficult by the end of 2013.

Northampton Borough Council considers EMRO for pubs and clubs

Northampton pubs face possible EMRO

By Adam Pescod

Northampton Borough Council is to consider whether an early morning restriction order (EMRO) could help tackle the “problems associated with late night drinking” in the town.

Legal checklist: Changing your address

Legal checklist: Changing your address

By Poppleston Allen

I know from experience that, when moving house, there is a long list of people who need to know your new address; it is important to remember to add to that list the local authority that issued your premises licence or personal licence.

Employment: a thorny issue

Employment: a thorny issue

By Poppleston Allen

You may have seen the news articles about a former lap dancer and her claim against Stringfellows for unfair dismissal. The matter began in April 2012 when an employment tribunal decided she could not bring the claim as she was not an employee.

Alfresco eating and drinking: It's not too early to start planning

Legal checklist: Planning for alfresco drinking and dining

By Poppleston Allen

Fancy a bit of alfresco drinking and dining in January? Perhaps not, but if you are planning on putting some tables and chairs outside when the sun shines again, it’s actually not too early to start thinking about what permissions you may need to apply...

A victory for common sense in licensing process

A victory for common sense in licensing process

By Poppleston Allen

There was an important, and little heralded, decision in the High Court just before Christmas. In Matthew Taylor v Manchester City Council & TCG Bars Ltd, the court was asked to consider to what extent, if at all, an application to vary a licence...

How to cope with licensing enforcement visits

How to cope with licensing enforcement visits

By Poppleston Allen

So what approach should be taken to enforcement visits? These can be a nerve-racking experience for even the most experienced managers as enforcement officers comb the premises looking for infractions and non-compliances.

Make plans now to boost business at your pub

Make plans now to boost business at your pub

By Poppleston Allen

You may still be recovering from an excess of Christmas spirit and be busy taking down the festive decorations, but now is the perfect time to plan for a refurbishment of your premises or an overhaul of your premises licence.

Minimum pricing: will damage limitation work?

Minimum pricing: will damage limitation work?

By Poppleston Allen

There has been much recent publicity concerning difficulties the UK on-trade is experiencing in competing in a marketplace where most alcohol sold is now consumed at home.

Follow key rules in employment

Follow key rules in employment

By Poppleston Allen

A recent employment tribunal case involving a nightclub operator, William Hardwicke 2000, and one of its employees, a Mr Nye, demonstrates how licensing issues can also become employment problems.

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