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[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE OF. Tim Shield

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Page 1: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

John Gaunt & Partners

“A MAN WALKS INTO THE BAR…”

EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE OF.Tim Shield

Page 2: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

TOPICS – YOU CHOOSE

A DRINK TOO FAR

THE BAD THE UGLY AND THE DOWNRIGHT DANGEROUS

PERSONAL LICENCE PITFALLS

DO YOU MEASURE UP

TENs – THINGS YOU MAY NOT KNOW

Page 3: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

A DRINK TOO FAR

Leaning on the bar Michael/Michaela is cleaning a glass during a quiet period when an unknown person walks up and orders a pint of Lager.

The person has glazed eyes and is clutching a pizza box like their life depended on it.

Page 4: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

A DRINK TOO FAR

DO YOU SERVE

Page 5: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

A DRINK TOO FAR

WHEN IS THE LINE CROSSED?

The offence is that of selling alcohol to someone who is drunk

There is no legal definitive definition…

Be aware / careful it’s your licence!

Page 6: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

THE BAD

Leaning on the bar Michael/Michaela is approached by a customer who says their mobile phone has been stolen

What do you do?

Page 7: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

THE BAD

Do you have a theft policy?

Do you have ‘spotters’ at events?

Do you swap intelligence with other venues?

Do you do sweeps of your premises for mobiles?

Do you keep records?

What do you do with phones that are found?

Page 8: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

THE UGLY

Whilst working on the bar Michael/Michaela observes an individual making frequent trips to the toilet.

The first thought - is the person is ill? However, they are never alone and the person they are with changes all the time.

What would you do?

Page 9: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

THE UGLY

Do you have a drugs policy?

Do your staff know it properly?

Do you follow it? Do they?

Do your door supervisors?

Do you have a policy for seizure of drugs?

Do you detain individuals?

Do you have a drugs safe and procedure for collection by the police?

Page 10: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

THE DOWNRIGHT DANGEROUS

A group of young males that Michael/Michaela doesn’t know enter the bar

They are not regular customers and are aggressive

What do you do?

Page 11: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

DOWNRIGHT DANGEROUS

Do you have a policy on how to deal with these individuals?

Is everybody aware?

Page 12: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

THE BAD THE UGLY THE DOWNRIGHT DANGEROUS

All of these scenarios raise questions that need to be considered because if they are not they can put your licence at risk or at the very least lead to expense and inconvenience?

Review your policies or face a Review of your Licence!

Page 13: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

PERSONAL LICENCE PITFALLS

You have a number of duties as a PLH

If you breach them it is a criminal offence and can lead to prosecution

If found guilty you can be fined up to £500

Page 14: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

PERSONAL LICENCE PITFALLS

Page 15: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

MEASURING UP

A customer approaches Michael/Michaela and asks for a ½ Pint of Lager.

Irrespective of Michael’s/Michaela’s view on such a purchase does he/she have to serve a half?

Page 16: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

MEASURING UP

YES

The premises licence holder/DPS/any personal licence holder must make sure ½ pints are available for customers even if never purchased!

Page 17: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

MEASURING UP

Spirits – Gin, Rum, Vodka or Whisky

25ml or 35ml

No requirement for both

You can decide which is your standard measure

Customers must be made aware of the measures available! Menus and Price lists

Page 18: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

MEASURING UP

Wine by the glass

125ml – still (not sparkling)

Must be available!

NB – sealed containers such as a bottle of BUD

Page 19: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

ALL CLEAR

Be careful!

Be prepared!

Avoid the pitfalls!

Page 20: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

TENS – VERSATILE AND FLEXIBLE

It is the Graduation Ball and the graduates are out and about from 4pm for pre–ball drinks and then various events planned through to a champagne breakfast!

The Student Union Bars are involved in the main event but can TENs add a little extra to the event? Are they always required?

1)Additional bottle bar

2)Unlicensed external area to be used for a bottle bar

3)What are the pitfalls?

4)Beware the maximum numbers

Page 21: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

BOTTLE BAR IN LICENSED AREA If you plan an additional bottle bar to relieve stress points within the licensed area do you need a TEN.

No – As long as it is in the approved licensed area.

Also – you don’t need to vary the licence.

Just beware that it must be temporary and not fixed!

Page 22: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

UNLICENSED EXTERNAL AREA Do you need a TEN for a bottle bar here?

Yes – if it is to be used for anything other than consumption you need a TEN

You may need a TEN for other activities here as well.

Page 23: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

SO I LODGE MY TEN Did you serve EHO?

Did I need to?

YES

You now must serve the Police, EHO and Licensing Authority.

You forgot….is it too late?

Page 24: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

TICK TOCK The general rule is serve 10 clear days before the event.

Too late!

What about a late TEN?

5 – 9 days before but the Police and EHO have an effective right of veto so be warned.

Lodge early and serve all the right people!

… and don’t forget the maximum number of late TENs is 10 for a personal licence holder and then it really is too late!

There are many other numbers and time limits for TENs but too little time to talk about them here!

Page 25: INFO@JOHN-GAUNT.CO.UK 0114 2668 664 John Gaunt & Partners “A MAN WALKS INTO THE BAR…” EVERYDAY LICENSING ISSUES YOU MAY BE UNAWARE

[email protected] WWW.JOHN-GAUNT.CO.UK 0114 2668 664

Any questions?

We are on stand 144 all day if you would like to speak to us privately.

Tim Shield

[email protected]

0114 266 8664