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John Gaunt & Partners

John Gaunt & Partners. Tim Shield. “A man walks into the bar…” everyday licensing issues you may be unaware of. 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. A DRINK TOO FAR.

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John Gaunt & Partners

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  1. John Gaunt & Partners Tim Shield “A man walks into the bar…” everyday licensing issues you may be unaware of.

  2. 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

  3. 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.

  4. A DRINK TOO FAR • DO YOU SERVE

  5. 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!

  6. 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?

  7. 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?

  8. 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?

  9. 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?

  10. 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?

  11. DOWNRIGHT DANGEROUS Do you have a policy on how to deal with these individuals? Is everybody aware?

  12. 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!

  13. 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

  14. PERSONAL LICENCE PITFALLS Change of name Change of Address Immediate production Charged with an offence Notify LA on conviction Loss/Stolen Written Authorisation Renewal – Approaching.

  15. 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?

  16. 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!

  17. 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

  18. MEASURING UP • Wine by the glass • 125ml – still (not sparkling) • Must be available! • NB – sealed containers such as a bottle of BUD

  19. ALL CLEAR • Be careful! • Be prepared! • Avoid the pitfalls!

  20. 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

  21. 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!

  22. 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.

  23. 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?

  24. 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!

  25. Any questions? • We are on stand 144 all day if you would like to speak to us privately. • Tim Shield • tshield@john-gaunt.co.uk • 0114 266 8664

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