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Brighton Rocks while Bristol Screams: who is responsible after closing time?

As licensing lawyers, we often hear licensee clients say that once their customers leave their pub or  nightclub, they are not responsible for their patrons’ actions.  If these customers then go on to cause disorder, shouldn’t it  be down to the police to control them?

This argument (often used by licensees) that they are not responsible for what their customers get up to after they have left their premises has been put to rest by two recent cases, one involving a supermarket in  Brighton and the other, a nightclub in Bristol.

If Camden can…

LONDON BOROUGH OF CAMDEN LICENSING EMBRACES TECHNOLOGY

Many local authorities already allow pub, restaurant and other licensed business owners to apply online for licences. Now Camden Council have taken this a step further and have stopped sending consultation letters out to residents who live near to premises whichnis the subject of a licensing application.  Is this a good thing or a bad thing?

Music to my Ears – Playing Music in the Workplace

Music to my Ears – Playing Music in the Workplace 

Confused about what type of licence you  need to play music in your shop, office, factory or other work place, not to mention restaurants and bars?  You’re not alone.  Here, we explain when it is necessary to obtain (and pay for) a licence from the Performing Rights Society (PRS for Music) and Phonographic Performance Limited (PPL).

Many bars, restaurants and retail stores play recorded music as part of the theme of the premises or as an attempt to create a specific atmosphere and ambience for their customers. Some offices and many factories and workshops, allow the use of radios or background music for their staff to listen to while they work.

Christmas is Coming… and it’s not too late.

Temporary Event Notice (TEN)

 You don’t need reminding but Christmas is fast approaching.  Now is a good time to check your Premises Licence and to make sure that it covers both:

 o       The hours you wish to open and

o       The licensable activities that you want to run over the Christmas and New Year period.

 Temporary Event Notices can be used to:

 o       add required licensable activities or

o       to extend the hours that can be provided, or

o       for licensable activities on unlicensed premises.

Airports and Alcohol

With the half term school holiday nearly at an end now, many of you will be returning from having hopped on a plane to enjoy some sun.  Did  you know that any airside venue at an international airport, selling an alcoholic drink to a person, who is already drunk, cannot be prosecuted (even for this most obvious breach of the licensing laws)?

This is because such venues enjoy immunity from the Licensing Act. Sussex Police recently carried out a “test purchasing” spree at Gatwick Airport and uncovered some sales to underage drinkers. Sadly for them, due to the fact that any bar, restaurant or pub selling alcohol on the airside of International Airports in England and Wales do not need a premises licence, they were unable to prosecute. Now Sussex Police are lobbying for change.

Going Local: Changes to Licensing Policies

Every local authority has a licensing policy which sets out the manner in which licensing applications for the sale and supply of alcohol, the provision of regulated entertainment and the provision of late night refreshment are considered. Whilst this policy must be reviewed every three years, each local authority is also required to keep its policy under review within this period and make such revisions, as it considers appropriate.

The current policies will be revised to reflect changing circumstances and any relevant concerns and comments received. The new policies will continue to focus upon promoting the four statutory Licensing Objectives:

Licensing: Changes Ahead

Following on from my last blog, All Change Again: Rebalancing The Licensing Act you might be concerned about when the Home Office is bringing in the changes to the Licensing Act? Don’t be (not just yet, anyway).

The Home Office recently confirmed that any proposed changes to the Licensing Act would not be brought into force until 2012. Just to recap, the proposals include:

  • Overhauling the Licensing Act to give local authorities and the police much stronger powers to remove licences from, or refuse to grant licences to premises that are causing problems

ALL CHANGE (AGAIN): REBALANCING THE LICENSING ACT

Theresa May, the Home Secretary has published a consultation paper today entitled, “Rebalancing the Licensing Act.”  The consultation paper starts positvely, acknowledging licensed premises working with the police to reduce alcohol related harm and mentioning the acheivements of Business Improvement Districts and Best Bar None, but it then goes on to make suggestions for improving the licensing system, which will make most licensees’ toes curl.

 The Licensing Act 2003 was consulted upon and took around five years to come into force. For this latest consultation, the response deadline is 8th September 2010 and the intention appears to be to legislate as soon as possible using the Police Reform & Social Responsibility Bill, which will be produced later this year.

BOUNCERS BEHAVING BADLY..

New rules come in today requiring that all new door staff at bars and clubs must learn how to safely restrain and remove customers who have had one too many and are violent and drunk. For all existing door staff – no training is required. However, this too is coming under scrutiny and before long we could see such training becoming compulsory for all bouncers.

The mandatory training has been introduced after a number of high profile deaths and injuries in bars and nightclubs.

The Future of the Licensing Act 2003

Despite relaxing licensing hours five years ago, Labour had already given in to pressure from all directions over the Licensing Act.  Gordon Brown had admitted that the Act was only a qualified success and had already given councils the power to restrict the early morning opening hours of every licensed venue in a problem area.

The Conservatives have promised to “overhaul” the Licensing Act, based on their belief that the relaxation of the laws has been a failure. Before the election, the Tories said that they planned to give councils the power to charge more for late-night licences to pay for extra policing, and also to give the authorities ‘much stronger powers’.