Tuesday February 16, 2010 at 10:41am
Pubs and other venues which pay licence fees to PPL (Phonographic Performance Limited) for playing music are due a substantial repayment following a High Court ruling last week.
It is estimated that they have been overcharged to the tune of £10 million since 2005, and it should result in savings of over £3 million a year to the industry.
The High Court upheld a ruling by the Copyright Tribunal last November, and it leads the way to pubs being able to claim repayments. Full details....
(read more...)Monday February 8, 2010 at 10:39am
Just breaking is news that the government have appointed John Healey MP as minister for pubs, a new role designed to head up a task force to save the traditional british pub which are closing now at the rate of 39 a week (52 a week a year ago) according to the British Beer and Pub Association.
Perhaps the government have woken up to the fact that the agency responsible for the licensed sector, the Department for Culture Media and Sport, and the Licensing Minister Gerry Sutcliffe, have effective....
(read more...)Monday January 18, 2010 at 9:57am
Over the past few years there have been a number of occasions when certain police forces have closed down licensed premises with immediate effect where they consider that they are operating in breach of the conditions on their Premises Licences. Just before Christmas there were 2 such cases in the north of the country where CCTV systems were not functioning.
But do the Police have the power to close premises with immediate effect in such circumstances? The short answer is no. I am concerned th....
(read more...)Tuesday January 12, 2010 at 9:39am
At the end of the second week of 2010 we can look back on Christmas and look at predictions for the year.
Trade over Christmas seems to have been very patchy. Some independent real ale brewers have reported good trading figures, whereas other sectors have posted disappointing results. I cant help but think that the weather played a big part this year. Unless your customers were snowed in with you for days, like Englands highest pub the Tan Hill Inn in the Yorkshire Dales, or you were providing....
(read more...)Tuesday January 5, 2010 at 11:01am
Last month I told you about the changes made by the Policing and Crime Act 2009 of November. The government have just announced that they will be bringing in to force some of the changes earlier than we expected. Perhaps an early election is on the cards?
The intention is to introduce the following changes on 29 January:
Allowing members of Licensing Authorities to object to applications and initiate a review of a Premises Licence or Club Registration Certificate
Making it an offence t....
(read more...)Monday December 14, 2009 at 2:59pm
Cousins Business Law licensing specialist Nigel Musgrove has been named as a leader in his field in Chambers UK 2010.Nigel specialises in licensing and gaming law advising breweries, pubcos, hotels, pubs, restaurants and clubs. He has acted as legal adviser to a local authority during the licensing transitional stage.
Nigel is an Affiliate Member of the British Institute of Innkeeping and teaches monthly on their personal licence holder qualification.
Nigel, who joined Cousins Business L....
(read more...)Monday December 14, 2009 at 11:25am
There is nothing like a looming election to concentrate the mind of government. Those issues which have been festering in a dark corner of their cupboard suddenly are dragged out to be sorted. Never mind that they have been waiting for 7 years, it is now all hands to the deck to make the Licensing Act 2003 fit for purpose.
In my last blog I mentioned the sudden surge to allow electronic service of most licensing applications. This should have been possible from the very start, but the EU h....
(read more...)Thursday October 22, 2009 at 1:54pm
Along with their New Year celebrations the trade can at last raise a glass to the fact that they will be able to submit most licensing applications and notifications on-line from 28 December.
This should have been possible from 2005 when the new licensing regime was introduced, as it would have saved a lot of hassle and a lot of money. Only now has the government been forced into the changes by Brussells through a European Directive which must be complied with by 28 December. Yes Brussels does ....
(read more...)Thursday October 8, 2009 at 9:53am
So now we know. Alcohol licensing is to be a political football in the run up to the election, with possible irretrievable damage to the trade to follow. I knew at the time that handing over responsibility for licensing from the magistrates to locally elected politicians was a huge mistake on a Trojan Horse scale. Once empowered the shackles are about to be loosened, and the power surge seen in Oldham will be just the beginning.
Both Labour and the Tories are both committing themselves to stren....
(read more...)Thursday September 17, 2009 at 5:25pm
The Times reports this morning that none other than Lord Mandelson appears to have stepped in to halt crippling red tape which few other than the Home Office thought necessary or sensible.
Mandy appears to have a bigger stick than the Home Office bully boys! Where the Licensing Minister from the DCMS has been largely ineffectual, it has taken someone with clear thinking to spot that the last thing an embattled trade wants just now is another delivery of red tape. Even licensing authorities and ....
(read more...)Wednesday August 26, 2009 at 2:48pm
Under 18s are canny at using all means to try and buy alcohol. Often this involves fake or borrowed identification documents such as passports and driving licences.
Many pub and other retail outlets are adpting a policy of confiscation of ID and sending it to the relevant authority such as the Passport Office or DVLA. Some Police forces positively encourage confiscation and have a procedure for dealing with the ID. This is proving an effective deterrent where used, as word quickly gets around ....
(read more...)Tuesday July 28, 2009 at 4:51pm
On Wednesday 29 July 2009 new procedures come into force for dealing with so called "minor variations" of Premises Licences.
The problem is that the government have failed to nail a helpful definition. As usual the language they use is woolly and open to wide variation. And in this case that puts the power into the hands of the licensing authority licensing officers. Any application must therefore be something of a gamble and could cost you time and money.
So what is it all about? U....
(read more...)Tuesday July 7, 2009 at 3:09pm
Since 2004 not a summer has gone by without a campaign to target licensed premises selling alcohol to under 18’s. This year sees a slightly different approach, with the focus on 69 youth crime priority areas designated by the government.
£1.4 million of “new cash” has been committed to the 69 youth crime priority areas in response to feedback that alcohol “remains a major factor influencing low level crime and anti-social behaviour”. The 69 areas have to sub....
(read more...)Wednesday June 17, 2009 at 2:45pm
Responsibility for fire, health and safety issues rests with the operator of the business. Since 1 October 2006 it has been necessary for all businesses to comply with the Regulatory Reform (Fire Safety) Order 2005. The Order applies to all non-domestic premises in England and Wales. If you are responsible for business premises, an employer or self-employed with business premises, or responsible for any part of a dwelling used for business purposes, or indeed a contractor with some control over ....
(read more...)Tuesday June 2, 2009 at 1:25pm
The recently issued Home Office consultation “Safe Sensible Social” suggests that new regulations will come into force in the near future requiring licensed premises to display UK unit contents of alcoholic products. This will be in addition to the voluntary code between the government and the industry, surely a clear case of over regulation and a recipe for confusion?
The information will have to be “within sight” of the point of sale. I therefore expect that there wil....
(read more...)Thursday May 21, 2009 at 9:20pm
Will punters be amused by the prizes? In June the maximum stakes and prizes for Category C Amusement with Prizes (AWP) machines in pubs is set to double. Maximum stakes will be £1, and the maximum prize will go up to £70. But this news comes with a sting in the tail, as machine tax is rising from £760 to £830 per year.
Landlords of licensed premises may see little benefit in direct terms, but hope it will keep existing customers interested, and with luck attract new one....
(read more...)Friday May 15, 2009 at 10:08am
Licensee Kerry Fenton clearly grabbed the headlines with her bid to boost customers by getting round the smoking ban, but was she right?
She established a designated room in her pub and claimed it was for smoking research. Customers who smoked there were required to fill out a questionnaire on their smoking habits. She had been advised that this was a loophole in the law and would allow smoking in the designated room.
The regulations provide that a designated room in a research or testing fa....
(read more...)Wednesday May 13, 2009 at 4:13pm
A great summer of sun is forecast, and the licensed trade desperately needs kind weather particularly after last year’s washout and the winter of credit crunch misery. Sunshine puts everyone in a good mood, and particularly customers who will be more inclined to spend their cash as part of the feel good factor. But there is danger in the sunshine, and not just from sunburn! Pub gardens and outside areas will be a big attraction. But all this outside activity will generate a lot of noise, w....
(read more...)Friday May 1, 2009 at 8:39am
Business operators should not be tempted to use a Sky domestic card to screen events in their business premises. Not only are they committing a criminal offence but they could risk losing their business. Recently a Bridgend pub landlady found herself with a criminal record and a hefty liability of nearly £7000 in fines and costs for 3 offences of screening Premiership football using her domestic Sky card, but she also had her Personal Licence revoked by the sentencing magistrates. Whilst t....
(read more...)Thursday April 30, 2009 at 11:10am
Licensing solicitor Nigel Musgrove has joined the Cousins Business Law team this month, to strengthen our litigation team and offer specialist licensing advice.
Nigel brings a wealth of experience in both licensing and dispute management and litigation.
As well as being a solicitor, Nigel is a published author having penned The Licensing Handbook, a plain English Guide to
licensing law.
Anyone about to open a licensed premises would be well advised to read Nigel's article - Opening licensed p....
(read more...)