Licensing Law

Six things pubs need to know about temporary event notices - TENs

10-Sep-2012 By Poppleston Allen

We all know what the basic limits are for temporary event notices (TENs). Simple, right? Not necessarily — when the ravenous monster that is the Police Reform and Social Responsibility Act (PRSR) came into force, some things changed for the better and...

Pub landlords should be wary about change of rules for tribunals

05-Sep-2012

Being a licensee can be an extremely demanding proposition, especially when it comes to staffing.  It is sometimes difficult to identify staff who are unhappy and who believe they have been unfairly treated. The most loyal and trusted of employees can...

Foreign satellite football saga goes on for pubs

03-Sep-2012

I am sure you will remember the euphoria that surrounded a decision in the European Court of Justice that it was not illegal to use Nova viewing cards. The European Court of Justice advised that, as the supplier and the recipient were both member countries...

Fewer councils considering the late-night levy but more consider early-morning restriction orders

31-Aug-2012 By Michelle Perrett

The number of local authorities considering implementing the late-night levy (LNL) has decreased while more are contemplating early-morning restriction orders (EMROs).

PMA Investigation: The truth behind Innsatiable, an "unlicensed bar" in Farnham, Surrey

30-Aug-2012 By Adam Pescod & Gurjit Degun

Licensees were in uproar last week about a furniture shop called Innsatiable in Farnham, Surrey, which gives away “free” alcohol to customers from its unlicensed bar. Undercover reporters Adam Pescod and Gurjit Degun went to investigate.

Premier League stops using Media Protection Services to prosecute licensees

30-Aug-2012 By Adam Pescod

The Premier League will no longer use Media Protection Services (MPS) to prosecute licensees it believes have illegally infringed its rights by broadcasting football through a foreign satellite system.

Pubs using European viewing cards to show Premier League football now limited to one 3pm game every Saturday

29-Aug-2012

The Premier League is selling only one of its live 3pm Saturday games per weekend to European broadcasters from this season onwards, the Publican’s Morning Advertiser understands.

Get up to speed with false ID at your pub

22-Aug-2012 By Jonathan Smith

I couldn’t help but smile when I read the recent reports of false ID being used in a pub in Newquay, Cornwall. Doorstaff apparently became suspicious when a youngster tried to enter the pub using Rodney Trotter’s driving licence — he of Only Fools and...

Islington Council outlines plans to introduce late-night levy

20-Aug-2012 By Adam Pescod

Islington Council has outlined plans to introduce the late-night levy when it becomes available to local authorities next year.

Hundreds of prosecutions against pubs by the Premier League over foreign satellite football could be "void"

17-Aug-2012 By Adam Pescod

Prosecutions brought against hundreds of licensees by the Premier League since 2005 could be rendered “void” following a landmark ruling made in the High Court yesterday.

Legal checklist: Employing under-18 staff in your pub

17-Aug-2012 By Poppleston Allen

Summer is here and students want to work — if stretched barstaff make mistakes and there is an opportunity to employ part-time barstaff they will readily become an asset to your business.

Premier League loses appeal over foreign satellite football case against Cheshire pub

16-Aug-2012 By Adam Pescod

The High Court has ruled that a prosecution brought by Media Protection Services (MPS) on behalf of the FA Premier League against a pub in Cheshire was "incompetent".

Skegness pubs receive compensation and apology from Lincolnshire Police

15-Aug-2012 By Gurjit Degun

Two Skegness pubs have received an apology and compensation from Lincolnshire Police after being forced to close one hour early over British Summer Time (BST) earlier this year.

Are good pubs the victim of over-enforcement?

10-Aug-2012 By Jonathan Smith

A couple of weeks ago the Metropolitan police and other agencies launched the second phase of Operation Condor. This was enforcement by way of inspection of a number of licensed premises, including pubs and bars in central London.

London 2012 Olympics: Plan for Olympic enforcement at your pub

03-Aug-2012

The greatest show on earth is here in London and you will be aware of the restrictions protecting the use, for example, of certain Olympic-related words, Olympic logos and even dedicated VIP Olympic traffic lanes.

London 2012 Olympics: Plan how you will maximise trade

31-Jul-2012 By Poppleston Allen

After an enormous build up, the Olympic Games offers the licensed trade a real chance to boost business, although there are one or two licensing hurdles that will have to be overcome.

Play by the Olympic rules at your pub

30-Jul-2012 By Clare Eames

Following swiftly on from the Diamond Jubilee and Euro 2012, the next couple of weeks represent a huge opportunity for the hospitality industry to capitalise on an influx of tourists and public interest by screening live coverage of the Olympics.

Best Bar None chairman: "EMROs could close down town centres"

26-Jul-2012 By Adam Pescod

Early-morning restriction orders (EMROs) could “close down town centres” if they are implemented by local councils next year. That is the view of new Best Bar None chairman and leading licensing lawyer, Philip Kolvin QC, speaking to the Publican’s Morning...

Legal: Effects of the late-night levy on pubs

23-Jul-2012

I’m not sure the Government entirely trusts licensing authorities. Or perhaps it’s the lawyers that the Home Office is wary of. Either way, its recently published ‘response to consultation’ on early morning restriction orders (EMROs) and the late-night...

What could be as simples as a temporary event notice?

18-Jul-2012 By Jonathan Smith

It struck me last week — while I was shaving a mere two-thirds off the cost of my home insurance through a well-known website, whose cute PR chaps sit up on their hind legs and look around — just how ‘simples’ such matters can be. I’m not sure what Aleksandr...

Be cautious over ‘formal cautions’ at your pub

12-Jul-2012 By Jonathan Smith

In my experience most people are familiar with the notion of a ‘formal caution’ being issued by the police or local authority as a method of disposing of the matter once the investigation is concluded.

Premier League issues football copyright warning to pubs over TV Ad Tech system

12-Jul-2012 By Adam Pescod

The Premier League has warned that it could “take appropriate action” against licensees using a new piece of technology which is claimed to bypass the copyright issues on pub football broadcasting.

Better communication from local authorities would benefit pubs

10-Jul-2012

I have seen two recent news items reinforcing the need for communication in the licensing world. The actor Bob Hoskins was once famous for saying, “It’s good to talk” — a piece of advice that the enforcement officers at Spelthorne Borough Council in Surrey...

Late-night levy will cost pubs up to £4,400 per year

10-Jul-2012 By Adam Pescod

Pubs will have to pay up to £4,400 per year towards the late-night levy, as confirmed by the draft regulations on the measure published by the Government.

Legal: The danger of social media in pub licence reviews

09-Jul-2012 By Jonathan Smith

Any follower of social media may have noticed in recent months the growth of public sector bodies (in particular police and local authorities) using social media forums to disseminate information and express their views. As an operator, even if you are...

Westminster City Council charges over £1,000 for advice on licence applications

05-Jul-2012 By Adam Pescod

Westminster City Council has been slated as “short-sighted” for introducing fees rising to more than £1,000 for advice on licence applications.

Village pubs to be exempt from late-night levy

04-Jul-2012 By Adam Pescod

Pubs in a village of fewer than 3,000 people will be exempt from paying the late-night levy, the Government has announced today.

Pubs and litter laws: New community protection notices

29-Jun-2012 By Jonathan Smith

Can you remember the Clean Neighbourhoods and Environment Act 2005? This Act has all sorts of goodies in it like “unlawful display of advertisements”; a defence to which is where a person would not be guilty of displaying an advertisement in contravention...

The legalities of selling alcohol over the internet

27-Jun-2012

A recent enquiry highlighted a general uncertainty in relation to the legality of selling alcohol to customers in England and Wales over the internet.

Licensing officers and the issue of 'discretion'

25-Jun-2012 By Jonathan Smith

As a long-time licensing practitioner I still tend to make comparisons (though increasing less so) between the ‘new’ Licensing Act and the regime prior to 2005.

Northampton Borough Council 'could raise £160k' from late-night levy

20-Jun-2012 By Adam Pescod

Another local council has been accused of “jumping the gun” on the late-night levy by claiming it could raise more than £160,000 by implementing the measure.

Betting in pubs: Try not to gamble your licence away

19-Jun-2012

This is a great year for sport. The Euro 2012 football tournament has begun, Australia and South Africa are coming to test our cricketers (the West Indies are already here), and of course, the crowning glory is the Olympic Games.

Beware of leafleting pitfalls at your pub

18-Jun-2012 By Nick Arron

Handing out leaflets and vouchers is a popular way of increasing footfall, but councils are getting tired of picking them up afterwards.

Simple precautions to take when using social media

06-Jun-2012

Many operators now use Facebook, Twitter, You Tube and other social media sites with great success to promote their businesses. Parties, sporting events and menu offers can instantly be communicated to a potentially large audience.

Jubilee river traders will need premises licence just like pubs

30-May-2012

We are all being urged to engage with the forthcoming celebrations for Her Majesty the Queen’s Diamond Jubilee. The Thames river pageant scheduled for Sunday, 3 June promises to be a massive waterborne celebration with many hundreds of rowed boats and...

Two door supervisors sentenced for breaking security licence rules

28-May-2012

Two door supervisors have been sentenced for working without the necessary security licence and breaking the Security Industry Authority’s (SIA) licence conditions.

Licensing applications: Don't roll over if your application has been rejected

25-May-2012 By Jonathan Smith

I have some sympathy with the Balrog in The Lord of the Rings, when faced with Gandalf’s immortal words on the bridge of Khazad-dûm: “You shall not pass!” I have heard words to similar effect from council licensing officers when served with an application...

The importance of safeguarding your pub's premises licence

21-May-2012 By Jonathan Smith

It is so important to look after your premises licence. I know that it is an obvious point really, but I have come across two examples recently in practice that illustrate just how easily things can go wrong.

Levy consultation jumps the gun

15-May-2012

A council somewhat prematurely published its consultation document on its proposal to introduce a late-night levy. The consultation document has since been withdrawn, but is it the shape of things to come?

Adding accommodation to your pub: legal checklist

11-May-2012 By Jonathan Smith

More and more operators are seeking new income streams. So, if accommodation is going to be the next big thing then what do you need to consider before going ahead?

Sussex police accused of 'demonising' pubs ahead of Euro 2012

11-May-2012 By Helen Gilbert

Sussex Police has been accused of demonising pubs ahead of Euro 2012 after contacting licensed premises in the county and urging them to introduce anti-disorder measures or risk facing enforcement action.

Pub poker nights: Beware the legal pitfalls

09-May-2012 By Jonathan Smith

Many of you will have poker nights at your pub. It’s a great way to attract custom on those quieter evenings in the week and the popularity of the game continues to grow.

Trading standards: Protection against low ABVs

08-May-2012

From time to time a particular area of the country will experience a large number of visits to licensed premises by trading standards officers who will test a whole range of spirits behind the bar or bars, to determine whether they are carrying the correct...

New technology could help pubs showing football via foreign satellite "avoid copyright infringement"

03-May-2012 By Adam Pescod

A system that replaces on-screen TV graphics and logos with adverts “might be the way of avoiding copyright” for licensees considering using foreign satellite systems to show football in their pubs.

Annual fees and the Police Reform & Social Responsibility Act

01-May-2012 By Jonathan Smith

The change introduced by the Police Reform and Social Responsibility Act 2011 (PRSRA) from 25 April which will affect each and every licensed premises, is the power for licensing authorities to suspend premises licences or club premises certificates for...

SBPA urges Falkirk licensing board to give pubs a fairer deal on opening hours

01-May-2012 By Adam Pescod

The Scottish Beer & Pub Association (SPBA) has come out against the licensing policy of Falkirk claiming it is giving pubs a raw deal on opening hours.

Running a pub festival: Legal responsibilities and pitfalls

30-Apr-2012 By Jonathan Smith

Festivals are part and parcel of a British summer nowadays — and running one is a fantastic opportunity to remind people that you are at the heart of your community.

Barnstaple and North Devon Licensed Victuallers’ Association in call for members

26-Apr-2012 By Michelle Perrett

Barnstaple and North Devon Licensed Victuallers’ Association (LVA) is on the recruitment trail, fearing it could face closure due to a lack of members.

Live Music Act: A guide for licensed premises

24-Apr-2012 By Jonathan Smith

So the Live Music Bill became the Live Music Act on 8 March 2012. It won’t come into effect until October, which is a pity for the Royal Jubilee and Olympics.

Pub landlords should not fear removal of 'vicinity' test from Licensing Act

23-Apr-2012 By Jonathan Smith

It’s ironic that in the Government’s so-called desire to empower local communities it is about to remove the ‘vicinity’ test, in theory allowing anyone around the country to object to a licence application. Fears have been voiced that this will open the...