Licensed Premises

The Retail Sale of intoxicating drinks cannot be undertaken without a Licence

Such a Licence is a called a Justices Licence. Justices Licences are granted by Licencing Committees. Justices of the Peace appoint, from amongst themselves, Licencing Justices to form a Licencing Committee.

Committees meet not less than 5 times a year . The main meeting is held in the first fortnight in February and are popularly known as The Brewster Sessions. Other meetings of the Committee are known as Transfer Sessions. Application at any session may be made for : New licences; Transfer of existing licences; Alterations to Licensed Premises; Restriction Orders; Regular extensions of hours; Revocation of licences.

There are three types of Justices Licence that may be applied for

• a Part Full Licence which covers the sale of intoxicating drinks in Restaurants, Guesthouses, some hotels and other premises providing accommodation.

• a Full On-Licence which authorises the person to whom it is granted to sell intoxicating drinks for general consumption either on or off the named premises. This is mainly granted for public houses, hotels, bars and brasseries.

• an Off-Licence which authorises the sale from main premises for consumption away from those premises.

The Licencing Justices will only grant a Justices Licence to a person, whom the Committee considers a fit and proper person. Previous licencing experience and criminal records are taken into account. Certain persons are disqualified from applying for a Justices Licence and certain premises are disqualified from being licensed .

 

Duties and responsibilities of licensees

Many legal duties and responsibilities are placed on a Licensee.

A Licensee, may entertain genuine private friends by supplying them with intoxicating drinks at his own expense at any time. Paying customers may not become guests at the end of permitted hours.

Offences are committed by a Licensee if he sells intoxicating drinks to any person under the age of 18 and by the youngsters if they buy, or attempt to buy.

The one exception to these two provisions is that anyone of the age of 16 or 17 may buy beer, porter, cider or perry to drink with a meal in an area set aside for the service of meals.   

Police and Customs & Excise officers have a right to enter Licensed Premises. No food or drink may be supplied by way of gift or sale to a police officer who is on duty, except by the authority of a superior officer.

A Licensee must refuse service of intoxicating drinks to anyone who appears to be drunk or to the companion of a drunken person for the drunken person's consumption.

Licensees must take all reasonable steps to prevent drunkenness and disorder on their premises. They risk prosecution, if they fail to do so.

A Licensee has total discretion over who is allowed to enter the premises, who is served and who is allowed to stay there but must not discriminate against customers on grounds of race or sex

 

Entertainments and Gaming

Amusement machines require a permit from the local authority to be sited in Licensed Premises.

Live music, discotheques, karaoke are subject to complex rules and regulations, knowledge of which is crucial to avoid committing offences.

The following licences may be required:

• A Performing Rights Society Licence for the live performance or public playing of copyright music

• A Phonographic Performance Limited Licence for the public playing of recorded copyright music by, for instance, recorded player, jukebox, tape recorder or compact disc player.

• A Video Performance Limited Licence for copyright music content of video tapes

• A Cinema Licence may be needed for film shows and video jukeboxes

There are also laws specifying the measurements in which some drinks are to be dispensed and the types of glasses from which certain of them must be sold.

Customers should be able to know the prices of food and drink being offered for sale. The Price Marking (Food and Drink on Premises) Order 1979 requires price lists to be displayed in a way in which they can be clearly seen.

Packaged drinks with an alcohol to volume content of more than 1.2% must be labelled with their exact strength.

 

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