• Issue 1 - August 2004
• Issue 2 - February 2006
• Issue 3 - August 2006
• Issue 4 - April 2007

Issue 2 - February 2006

Welcome

Since 24 November 2005 all premises selling alcohol, providing regulated entertainment or providing hot food and drink after 11.00 pm have needed a premises licence. Most applications have been processed and the vast majority of you are now conducting your business under the authority of this new licence.

As the Council has taken over this new role the Licensing team are anxious to build up a good working relationship with the trade, and will help in any way possible.

Here are some of the items of interest that have cropped up during the past few weeks:

Displaying the Premises Summary

Please be aware that you must keep the premises licence or certified copy of it at the premises. You must also display the summary part of the licence on the premises at all times where it can be clearly seen! This summary must include the licence holder’s name, or the name of the person who you have nominated in writing to be in control who is usually the Designated Premises Supervisor (DPS).  The same rules apply to Club Premises Certificates.

Producing the Licence upon Request

You must also allow a police officer or other authorised person to inspect the licence if they request to do so. You can ask to see their I.D. if you do not recognise this official. However, you should be aware that if you fail to allow inspection without reasonable excuse you will be committing a criminal offence.

The same rules apply to Club Premises Certificates.

Transfers and DPS Changes

Some people have taken over licensed premises which include late night refreshment establishments and village halls (not just pubs) and have not applied to transfer the licence into their name. This means that the premises could be operating without a correct licence if the old licensee has informed the licensing authority that they are no longer responsible. It is imperative that if you take over licensed premises you send us the correct transfer forms. If you are taking over premises that sell alcohol you must also notify us of the change of DPS if a change has taken place.

If a routine inspection takes place and you have not carried out this procedure you will be guilty of a criminal offence and could be prosecuted.

New Year’s Eve and other Seasonal Variations     

You should check your entitlements for New Year’s Eve and other Bank Holidays. If you have converted your old licence with no variation you will still be allowed to open from normal opening time on New Year’s Eve until normal closing time on New Year’s Day. If however, you have varied your licence and requested to have your existing embedded conditions and entitlements removed you will not automatically be allowed to stay open as above unless you have specifically request-ed to do so in your application. If you didn’t specifically request extended times you will be restricted to your normal every day hours for New Year’s Eve and other Bank Holidays.

Temporary Event Notices (TENS)

Some of you have used the TEN system to extend your hours on certain days over the holiday period, and the vast majority of notifications received have been processed without a hitch. On the other hand some have fallen foul of the system because they did not give the requisite notice of 10 working days to the event. We hope you understand that 10 days is not a very long period for us and the police to process these notifications and we would advise that if you have any special events planned for the future (summer fetes, wedding parties etc.) you give us at least a month’s notice whenever possible to avoid disappointment.

Gaming Machines

Those premises that currently have gaming machines licensed by the court will also need to renew their permits with us in future. The permits are renewable every three years. If you have recently renewed with the court there will be no need to contact us until you wish to renew the permit in three years time. You need to be aware that premises that are not authorised to sell alcohol (e.g. cafes, chip shops and takeaways) are restricted to machines that have a maximum payout of £5 in cash or non monetary prizes not exceeding £8. This means that premises such as these will not be allowed to have machines that pay out more or they will be committing an offence. Perhaps you should check your machines to see that you are not breaking the law!!

Please understand that although we have pointed out certain offences above, this is not meant to be a threatening newsletter. We are trying to inform you of the pitfalls that the new legislation has created and would much prefer you to understand rather than inadvertently fall foul of the requirements.

Future

Over the coming months licensing officers, the police and fire officers will be visiting premises to ensure that everything is in order, endeavouring to assist and advise wherever possible. As already stated if you have any queries or problems you wish to discuss please don’t hesitate to contact us on the numbers listed.

Clubs

Remember that under the old Act you were allowed to supply alcohol to persons under the age of 18. However, the new Act makes it an offence to do so.

Further Information

Licensing Act 2003

The Act can be viewed online at www.legislation.hmso.gov.uk/acts/acts2003/20030017.htm

The Government Guidance under Section 182 of the Licensing Act can be viewed online at the Department for Culture, Media and Sport website at www.culture.gov.uk or telephone 020 7211 6200.

Barsafe

Johnathan East - 01225 443352

Bath Knight Watch Scheme                   

Andy Cowan - 01225 464241

Bath Bar Charter

Hugh Brooker - 01225 789050

Licensed Victuallers Association         

Caroline Seward - 01225 425403

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Issue 4 - April 2007

It’s a busy time in the Licensing Office at the moment, with the implementation of the Gambling Act and the smoking ban, not to mention the flood of Temporary Event Notices from people arranging their summer events!  Read on for some useful advice about a few of the issues that will affect you over the next few months...

Schools and Village Halls

It has come to our attention that a number of village halls, schools etc. are unsure about what licences they need to sell alcohol at one-off events.   Under the old system, a pub licensee could apply to the Magistrates’ Court for permission to run the bar at an event, say, in a village hall.  This is no longer the case.  Anyone, not just licensees, can give a Temporary Event Notice (TEN) to the Licensing Office, which can permit the sale of alcohol, provision of regulated entertainment, late night refreshment, or all three! 

For more information, contact the Licensing Office on 01225 477531.  Remember: Many licensees have Personal Licences, which allow them to authorise sales of alcohol in conjunction with a Premises Licence.  But a Personal Licence on its own is not permission for an event to take place.

Displaying the Licence Summary

Our Licensing Enforcement Officers have found that a number of businesses are not complying with the laws about keeping and displaying their Premises Licence/Club Premises Certificate.  Failure to fulfil either of the requirements could result in a fine of up to £500, so it’s important to make sure you have done the following:

• Keep the Premises Licence/Club Premises Certificate at the licensed premises.  If you want to keep the original somewhere else, you can make a photocopy and ask for it to be ‘certified’ by the Licensing Authority or a Solicitor etc.
• Display both sides of Part B of the Premises Licence/Club Premises Certificate in a prominent position inside the premises.

Gaming Machines

The Gambling Act 2005 is currently being implemented across the country.  The Act transfers responsibility for gaming and gaming machine permits from the Magistrates’ Court to the Licensing Office at B&NES. 

• If you have gaming machines and a Premises Licence: When your current permit is due to expire, you need to apply to the Licensing Office to renew it.  We will then issue you with a new-style permit.
  
  Under the new rules, you are automatically allowed up to two machines.  If you have more than that, you are allowed to keep all the machines until your current permit expires.  If you want to keep them after that, you need to apply to the Licensing Office two months before the permit is due to expire.  We will consult with various bodies (e.g. Planning) and the application will be decided at a hearing if they object.
  
  Gaming machine permits are not transferable.  So, if you take over a premises with gaming machines, you must apply to the Licensing Office for a new permit before you start operating.
  
  
• If you have gaming machines and a Club Premises Certificate:  If your Part II or III registration expires on or before 30 August 2007, you can renew it at the Magistrates’ Court as usual.  You must then apply to the Licensing Office to renew that registration at least two months before it expires.
  
  If your registration expires on or after 31 August 2007, you must apply to the Licensing Office to renew it at least two months before it expires.

The Smoking Ban

With less than 100 days to go until the smoking ban, Licensees are taking steps to make sure they comply with the law and keep their customers happy.  The ban comes into force on 1 July 2007 and will apply to nearly all enclosed public places and workplaces in the country, including pubs and private members’ clubs.  Experience has shown that businesses who are well prepared are much more likely to keep customers, and even gain new ones.  Do nothing, however, and you risk losing wet sales of 10% or more.  For more details see www.smokefreeengland.co.uk.

Help and Advice

There is a team dedicated to supporting local businesses with implementing smoke-free policies.  It's a free service and they can give advice and support to any business about going smoke-free.  As part of the stop-smoking team, they also support staff and employers who want to give up smoking. They can give stop-smoking advice on an individual basis or can hold group sessions in the workplace.

Contact:

Deborah Lear on 01225 477523 or email deborah_lear@bathnes.gov.uk or
Sarah Button on 01225 831725 or email sarah.button@banes-pct.nhs.uk

Licensing

You may need to apply to vary your Premises Licence or Club Premises Certificate.  This depends on the arrangements you will have for smokers and the conditions on your Licence / Certificate.  The process can take up to two months, so it’s important to take action soon.  If you can answer yes to any of the following questions, you should contact the Licensing Office for advice as soon as possible.

• Are there conditions on your Premises Licence / Club Premises Certificate that restrict the use of outside areas?
• If people will be going onto the street to smoke, are there conditions on your Premises Licence / Club Premises Certificate that restrict entry or re-entry after a certain time?
• Does your Premises Licence / Club Premises Certificate allow the sale of alcohol for consumption on the premises only?
• Have you built, or will you be building, a smoking shelter?

Licensing Act 2003

The Act can be viewed online at:

www.legislation.hmso.gov.uk/acts/acts2003/20030017.htm

The Government Guidance under Section 182 of the Licensing Act can be viewed online at the Department for Culture, Media and Sport website at:

www.culture.gov.uk or telephone 0207 2116200.

Barsafe

Johnathan East         01225 443352

Bath Knight Watch Scheme                   

Andy Cowan              01225 464241

Licensed Victuallers Association         

Paul Marquiss           01225 837500

Sponsors of the City Centre Street Marshals are:

• Back To Mine
• Blue Rooms
• Club XL
• Cork & Bottle
• Crystal Palace
• Delfter Krug
• Enzos
• Flan O’Briens
• Ha Ha Bar
• The Huntsman
• Lambrettas
• Marmaris
• The Metropolitan
• Moles
• O’Neills
• Po Na Na
• Qube
• QT’s
• The Raven
• Revolution
• Slug & Lettuce
• St. Christopher’s Inn

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