A LICENCE TO KILL...your business (or Prevention is better than Cure)
10 Mar 2010
Whilst the (recent) licensing law amendments were designed to simplify the process, the paperwork and procedure still contains traps for the unwary and the consequences can be severe. If you get it wrong it’s going to cost you.
It is therefore better to take some simple steps during the lifetime of your licence to avoid problems than to have to deal with the personal and business consequences.
The Scary Bit - Penalties
Falling foul of the licensing laws can land you in serious hot water. In fact, it is a criminal offence, punishable by up to:
• 6 months imprisonment
• A £25,000 fine; or
• Both
And this is not the end of the story. If convicted of an offence, the chances are that your licence will also be revoked undoubtedly causing your business substantial difficulties.Reviews
As a licence holder, your licence can be reviewed at any time, even if you are complying with the terms of your licence. A review can result in additional conditions being imposed on your licence, or even, in some cases, revocation. We were recently instructed on a case where, whilst the premises owners were strictly complying with the terms of their licence, an application was made to review it by the police in light of numerous complaints raised by local residents as to the noise and disruption emanating from the premises. Whilst we were able to defend an application to revoke the licence, the premises licence holder had to have additional conditions put on his licence in order to tackle the disruptive behaviour of its patrons.
You are in business to make money, and your time is best spent on the core of your business. Taking advice about your licences can help you avoid the pitfall and allows you to concentrate on core areas.So what can you do about it?
Tips
• Keep Your Licence Under Review: The receipt of a licence is not the end of the story. You need to keep it under review. Any changes to the layout of the premises, to the DPS, to the trading/operating hours of the premises and to the regulated activities carried out at the premises need to be reflected in the licence. Don’t leave it to review your licence every 6-12 months, it needs to be reviewed every time you are thinking of making a change to the layout of the premises or to the way it is to be run. These changes will require a formal application to your licensing authority.
• Personal Licence Holders – Make Sure You Keep a Spare: How many personal licence holders do you have at your premises? Frequently the personal licence holder will also be the DPS. The sale of alcohol from premises without a DPS is unlawful.
Don’t leave yourself exposed; make sure that you have spare personal licence holders on your premises. If one leaves, you simply have to make an application to appoint another DPS. This usually has immediate effect. Make sure you keep this under review. If someone leaves and another person is appointed as DPS, make sure you get yourself another spare to keep you covered moving forward.
• Love Thy Neighbour: Careless management of your business – such as inadequate id checks, irresponsible drinks promotions and a lack of security will not enamour you to your neighbours or for that matter to the police. They WILL complain.
Don’t ignore complaints. They will build up and your licence will be reviewed. You need to show that you are acting responsibly, reasonably and that you are acting on any complaints.
Make yourself available to local residents and TALK to them. Appoint a point of contact on the premises who will deal with any queries, particularly if your premise is close to a residential area. Consider joining a local pub watch scheme and try and see things from the residents’ point of view; if you think that the music is probably a little too loud then it probably is – TURN IT DOWN.
BE CONSIDERATE. Remember, local residents and the local police have the ability to make representations against any application you make to the Council to vary your premises licence so it never hurts to get them on side.
• Speak to the Local Authority and Keep them on Side: Just as you need to keep the local residents and police in the loop, make sure you keep in touch with the local authority. They have a lot of discretion in matters concerning licensing law so it never hurts to keep them on side.For advice on matters relating to licensing, and you cannot underestimate the importance of getting it right, contact Sara Corley on 01244 318131 or email slc@law.uk.com
