The Complete Guide on Licensing Compliance

. . . g n i c u d Intro The Complete Guide on

Licensing Compliance

www.thelicensingguys.com | info@thelicensingguys.com | 01432 373 603 For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys Š

June 2020

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Hello!

This Guide has been written by The Licensing Guys© as the definitive outline guide to advise Premises Licence Holders, Designated Premises Supervisors and their staff on the daily management of their premises with the overarching ambition to keep them ‘safe and legal’.

Please treat this as your ‘Owner’s Manual’.

Within TLG Vault, you will find links to other documents and resources that you will find invaluable in this task. When you look at your Premises Licence, you will probably find references to your responsibilities to maintain registers - such as incident logs, refusals registers, authorisations and training records.

Specimen templates are all there, ready and waiting for you to download, in the Vault.

They are free, easy to use and self-explanatory - so please use them!

These registers are most likely an essential part of your Premises Licence, and failing to keep them will put you in breach of it. Whether they form part of your Licence or not, they are a culmination of good practice and DO provide invaluable evidence that you are running your premises lawfully, and discharging your statutory duties diligently.

If you have any further questions in relation to the content of this document, please call us as soon as possible.

If you subscribe to our Support Packages , The Licensing Guys are always available and willing to provide you with further advice and guidance, with access to our TLG Vault packed with essential policies, procedures, posters and log books.

Remember: ‘We wrote the Book on Licensing Compliance’ – and we’re here to help!

Best regards,

Nick & Paul s y u G g in s n e ic L e Th

Nick Semper

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

Paul Neades

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? t r a t s o t Ready Contents tions

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tions

5

tion Hearings

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Personal Licence Applica

Premises Licence Applica

Premises Licence Applica

sing Act 2003

Compliance with the Licen

Trading Standards mer Law 1. Keeping within Consu 2. Weight & Measures 3. Small Measures 4. Age Verification 5. Challenge 25

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Licence!

How to Keep Your Premises

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PASS Cards

Premises Licence Reviews

11

Test Purchase Operations

12

Protection of Children in Licensed Premises

pections

Multi-Agency Premises Ins

ling Act 2005

Compliance with the Gamb

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Food Safety

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The Police Premises

rity Guidance Security Industry Autho uired • Types of SIA Licence req • Further SIA notes CCTV Public Spaces

19 20 22 23 24

46 47 49

nce

ida Environmental Health Gu 1. Noise 2. Odour 3. Light Pollution 4. Litter

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s

Public Health Consideration

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Selling Cigarettes ensing

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Clive?

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Vulnerable People and Lic Ask for Angela or Ask for

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Illegal Workers

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Planning

58

Our Support Packages from TLG

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Vault

60

ormation

61

Training Courses available

CCTV In House Systems and Your Responsibilities

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Free Downloads in the TLG

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Useful Links & Contact Inf

30 32 33 34

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Age Restricted Products

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siness

Registering your Food Bu

Drugs Misuse on Licensed

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36 37 39 42 43 44

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Personal Licences If you wish to sell alcohol as a profession in the UK, you will require two things – in the form of Licences.

The Personal Licence allows you to sell alcohol as a Person, and a Premises Licence allows you to sell it from your Premises. So far, all pretty straight forward?

The Licensing Guys can train you in any of the three formats.

Think of it like driving a car: Your Driving Licence allows YOU to drive on a road, and the Vehicle Excise Licence allows the vehicle you are driving to be driven on a road.

www.thelicensingguys.com/store/p1/ APLH_Online.html

Most of you reading this guide will already have a Personal Licence. To get one you have to be over 18, have passed an exam called the Award for Personal Licence Holders, not have any unspent relevant convictions on your record, and not have had a previous Personal Licence revoked (i.e. taken off you) in the past five years.

If you are progressing in your career from staff to management, you WILL need a Personal Licence, as you cannot be a Designated Premises Supervisor (aka ‘the boss’) of a Premises without a Personal Licence.

As concerns the qualification – the Award for Personal Licence Holders – it is a pretty intense course which usually only lasts a day, ends in an exam, of which the pass-mark of 70% is required. You can do this in a classroom with others, with a tutor on a one to one basis, or online alone.

The cheapest avenue is the online route and can be accessed at:

We can also help you complete the application forms which are then sent onto the Council with your application fee – currently £37.

You must keep your Personal Licence up to date.

Take out your Personal Licence. Does the passport photo of you still look like you?

Have you changed your name on marriage etc? Do you still live at the same address as printed on the back?

Can you still even FIND your Personal Licence?!?

The Licensing Guys will help you fix ALL these things, as it is an offence to have an out of date Personal Licence, and our special mission is “keeping you legal & trading.”

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Premises Licence Applications A Personal Licence allows you to sell alcohol, or authorise others (i.e. on your team) to sell alcohol on your behalf.

But in order to sell alcohol from a given location i.e. a Premises, or conduct other ‘licensable activities’ (such as live or recorded music) there, you will first need to obtain a Premises Licence.

You can:

1. Do it yourself

It can be done if you are very confident in your knowledge, skills and abilities around the Licensing Legislation, Compliance and Processes. However, things often go wrong, and applications get rejected causing additional expense and delay in getting your business up, running and profitable. Unwary applicants often offer more than they could, or indeed should, offer by way of restrictions to their own Licences, or get less than they wanted.

2. Go to the Local Council

Many of these Councils offer an Advice service which you have to pay for. They term it an ‘Application Service’ but actually you will be the one doing the application. Unlike The Licensing Guys, these council officers will not do it for you – they will only advise you on how to do it.

Furthermore, they will only advise you on what THEY believe you should have, rather than what you should be entitled to. Having advised you on what they think you should get and how to apply for it, YOU then submit your own paperwork and draft your own plans and prepare your own legal notices for public display and placement in a local newspaper.

Upon receipt at the Council, it goes to another ‘unconnected’ Licensing Officer in the same office who will check your work and probably agree with their close colleague on what you should get.

3. Go to an independent solicitor or licensing consultant, or come to The Licensing Guys.

We do it ALL for you as part of a turnkey solution.

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We do not necessarily accept what the Council Licensing Officer(s) think you should have, and more often than not (and certainly in every contested case that we have ever attended on behalf of our clients) get them more. ‘More’ might be extra hours, later closing, extended live or recorded music provision.

These include: l

pubs, nightclubs, social clubs,

l

cocktail bars and reggae bars,

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hotels and B&Bs,

l

wedding venues and rock festivals,

l convenience

At The Licensing Guys we offer a ‘31 Day Promise’. We cannot guarantee that you will receive your Premises Licence within 31 Days of first contacting us because someone outside our control (like the Police, for example) might object. But we can promise to get you a Premises Licence within 31 Days of first contact if nobody objects.

Think – you could be in business within a month, if you come to The Licensing Guys.

The Licensing Guys provide a Premises Licence Application Service aimed at anyone applying for a Premises Licence to sell or supply alcohol both ‘on and off’ the premises. We have applied for countless businesses right across the UK with unparalleled success.

stores, off-licences, and covered markets,

l breweries,

distilleries, cider-presses, and canning factories,

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restaurants, takeaways and teashops,

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petrol stations,

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caravan parks and golf courses,

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horseboxes and campervans,

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online grocers & retailers

l and

even two art galleries and a sculpture park!!!

✅ We would be pleased to hear from you if your needs reflect any type of premises list above, and even more delighted if the type or category of your premises is NOT on the above list – as we love to break new ground and love a challenge!

Please look at our Facebook pa ge, where you will find countless example s of satisfied customers who have obtained th eir Premises Licence through The Licensing Guys. www.facebook.com/TheLicen singGuys

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Premises Licence Application Hearings Representation The overwhelming majority of our Premises Licence applications are processed without the need for any form of Hearing. This is because we know, from our vast and current knowledge, what steps need to be taken for your application to be granted with the minimum of obstacle and delay.

In the event that a Responsible Authority (e.g.

The Police or the Council) or your neighbours do object to your application, then a Licensing Committee Hearing will be called within about three weeks of the end of the Consultation Period concerning your application.

It is very like going to Court, and like any Court it is very easy to leave disappointed. So: Get some formal representation for, as the legal adage goes, “The man who represents himself has a fool for a client.”

The Licensing Guys will represent you at any Licensing Hearing for an additional but fixed fee, at a fraction of the price of a solicitor. The fee is fixed, so you know exactly how much it will cost on the day (win or lose) and that there will be NO hidden extras.

These Hearings usually take place in a Town or That said, these Hearings are very rare and City Hall, are attended by Councillors, Lawyers, The Licensing Guys are invariably successful members of the Responsible Authorities (e.g. the at them.

Police) and the Press.

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Compliance with the Licensing Act 2003 ALL permanently Licensed Premises are issued with a Premises Licence by the local Council which covers the area where they are geographically located. The Premises Licence comes in two separate parts, although they look very similar when they arrive in the post.

Part A

This should be kept safe ON the Premises, along with the Premises Plan which shows the layout of the precise area that is licensed, at all times. They are very important documents and should be preserved carefully. Ideally you should keep them under lock and key in your office.

Part A contains the Licence Conditions that tell you exactly what you can and can’t do in your Premises. Therefore, it is essential that you know and understand exactly what Part A contains.

However, if you lock it away (i.e. out of sight is out of mind) you will forget over time what it says, exactly. Also, how can you expect your managers and staff to know what is legally expected of them if you do not show them precisely where your Premises Licence is and exactly what it contains?

Take a photocopy of the Premises Licence and laminate it. Then return the original Part A back to your safe. You can use the laminated (and waterproofed!) copy of Part A to act as a reference document and as a training aid for your staff.

Here at TLG we believe that ‘Every day’s a training day’. So, teach or remind your staff of something small every day. TLG train a lot of people in Licensing, and therefore know that staff are only as good as the last training they received. So: When did you last train your staff? Train them informally a little bit, every week, to keep their knowledge up to spec.

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Part B

This is the two-page Summary of the Licence, which you should pin up on public display behind your bar or counter, ideally showing each page separately.

Why not laminate the Part B Summary to preserve it in tip-top condition?

Task

Find your own Premises Licence and inspect it very carefully.

1. Is the name of the Premises still correct?

Remember, it is an offence to sell alcohol if you do not have a Designated Premises Supervisor in place. l If

the old DPS has left and you haven’t updated your Premises Licence, you cannot sell alcohol and if you do so, you are committing an offence.

Next, check that everything that you’re currently doing is actually permitted in your Premises Licence. Pay particular attention to your operating times. Remember, it is an offence to conduct licensable activities outside the terms of your Premises Licence.

2. Is the name of the Premises Licence Holder still correct?

3. Is the name of the Designated Premises Supervisor still correct?

4. NB ONLY, BUT ALL, Premises that sell Alcohol need a DPS.

a few mottos ve ha e w , ys Gu g in ns ce Li he T Here at – our favourite being…

In Licensing Trouble?

! l u a P l l a C r e t t e B Our advice is ALWAYS free.

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9

How to Keep your Premises Licence!

Congratulations! You now have your Premises Licence.

Now all you’ve got to do is keep it.

It is the oddest thing to write a guide that is essentially the wrong way around. Most owner’s manuals have the ‘Troubleshooting – Problems & Solutions’ at the back. This one is different, and for good reason.

We want to impress upon you the consequence of getting it wrong, even occasionally getting it badly wrong, and then provide a whole load of information, tips and advice on how to stop it going wrong in the first place.

That’s why the most successful operators out there know and understand their client base, are responsible and conscientious businesspeople, are fabulous neighbours, do lots for charity, are active members of their local Pub Watch Group and ‘give back’ to the community in spades etc.

Serious or repeated lesser infractions of the Licensing Legislation, the Criminal Law and other related matters such as Anti-Social Behaviour, Noise Pollution and Neighbour Complaints WILL result in a Review of your Premises ‘as sure as night follows day’.

First ‘wake up’ call

Anybody can call for a Review on your Premises. It doesn’t need to be the Police, Trading Standards or Environmental Health.

It could be a local Parish Councillor, or just your regular next-door NIMBY. So, the more successful you are, the busier you are and consequently the noisier you are – your success actually raises the probabilities of something going wrong or somebody taking exception.

Of course, they are successful operators because all these winning behaviours are innate to their personal and professional characters, but also all these traits minimise the chances of being called to a Premises Licence Review.

These Reviews are so critical in their nature, and potentially devastating in their consequences, that they are the subject of the next Section…

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Premises Licence Reviews When things go badly wrong, the Responsible Authorities or other ‘interested parties’ such as your neighbours, may call for a Premises Licence Review.

This is NEVER good news, as effectively these parties seriously intend to curtail your operation severely, and probably even close your business completely, by revoking your Premises Licence.

These Hearings take place in a Town or City Hall, are attended by Councillors, Lawyers, members of the Responsible Authorities (e.g. the Police) and the Press. It is very like going to Court, and like any Court it is very easy to leave disappointed. It is a daunting and uncomfortable place to be.

You are going to be centre-stage and answering some pretty searching questions by some very clued-up people. Your judgment, actions and motivations ARE going to be called into question. Nowadays many Authorities record the audio from these Hearings and then publish those recording online for the world to hear. Some DOs and DON’Ts: l DON’T

sit on the situation and hope that it will go away. It won’t and you WILL be appearing before a Licensing Sub-Committee within about a month, whereby the evidence against you will be heard and tested. This may well end up in you losing your Premises Licence, which will severely impact upon the viability of your business.

l DO

preserve any evidence that is available e.g. your CCTV footage, receipts, till roll, incident logs etc. Identify as best you can who the potential witnesses are that can provide evidence that might assist you in the forthcoming Hearing.

l DO

gather and preserve the papers that are served on you by the Licensing Authority.

Scan them into your computer and email them to us for our independent and FREE advice on how best to handle this situation.

We will ALWAYS give you an honest appraisal of your prospects, and act in your best interests to defend your position and endeavour to “keep you legal and trading”.

Instruct The Licensing Guys to act on your behalf, we will contact the Authority and other parties in order to negotiate your position. We will also prepare your defence and represent you at the forthcoming Hearing if required.

We will now start to look at th e main things that can go wron g…

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11

Multi-Agency Premises Inspections More and more across the UK, the Licensing Authorities are carrying out compliance visits in company with other enforcement partners.

This is usually coordinated by the Police Service. These Premises Inspections are usually intelligence-based i.e. somebody has told the Authorities that all is not well with a particular premises and hence they ALL visit it at the same time, in order to test for many different things simultaneously.

Examples of the Agencies involved include:

NB If you follow The Licensing Guys Facebook page you will see regular posts about Premises that have been raided and closed following Multi-Agency Premises Inspections. The most common reasons for Prosecutions, Reviews and Closures are: 1. Counterfeit or Non-Duty Paid Tobacco seizures 2. Non-Duty Paid Alcohol seizures

Police, Fire & Rescue Service, Trading Standards, Environmental Health, Food Safety, Housing Officers, Her Majesty’s Revenue and Customs, Immigration Enforcement, Border Agency, – this list is not exhaustive and neither is the level of scrutiny!

Ostensibly the officers are there to give advice and will write to you after the visit to confirm changes that should be made to your operating practices to ensure that you are complying with the Law and your Licence.

In reality, though, many of these visits end with enforcement action being taken.

3. Illegal Workers employed on the Premises 4. Prescription medicines on sale without a prescription.

Our advice is l Prepare

for any visit beforehand by having everything safe and legal. We can help you with that.

l Be

polite and professional. The officers are simply doing their jobs.

l

And lastly, but not leastly…

Unannounced Guests?

Better Call Paul!

Our advice is ALWAYS free.

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Gambling Act 2005 Licensing Enforcement Officers may ask for details of any Gaming Machines that you have within your Premises, as they are the enforcement agency regarding Gaming Machines within the Council.

You may be required to provide proof of the type of machine(s) located in your Premises, and also produce your Acknowledgement of Notice of Auto Entitlement or Gaming Machine Permit. It is therefore best to retain all these documents in the same location as your Premises Licence.

If you have not licensed them correctly, or have exceeded the number or classification permitted by the Gambling Commission, you will instructed to unplug them immediately. They will then give you advice on how to apply for the appropriate Gaming Machine Permit.

N.B. A Gaming Machine located in a takeaway premises must be a ‘skill only’ machine.

It is best practice to ask the Licensing Enforcement Officer to make an entry in and endorse and sign the Visit Log with respect of his or her visit.

You can download a templated Visit Log from the The Licensing Guys Vault. As a subscriber to one of our annual support packages (see p58) you have complete access to the Licensing Guys Vault.

For more information on how to notify your local council for your auto entitlement (2 x Cat C or cat D) machines or how to obtain your Gaming Machine Permit for over 2 machines give us a call.

Taken a gamble?

Better Call Paul!

Our advice is ALWAYS free.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

13

Registering Your Food Business ALL Food Businesses (including catering businesses run from home and mobile or temporary premises, such as stalls, burger vans, coffee carts etc) must be legally registered with your Local Food Authority at least 28 days prior to trading.

This includes businesses which operate as a wet sales establishment.

If you are taking over an establishment that prepares food this must also be re-registered.

For information and advice on Food Safety see page 15, or please contact The Licensing Guys.

The Licensing Guys also offer online Food Safety Training.

The application form to register your Food Business can be found on your local Council website.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys Š

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Food Safety If food is part of your commercial offering, The Licensing Guys shouldn’t really be lecturing you on the importance of food safety. It goes without saying – a ‘given’ – that the food you provide should be safe.

A lack of food safety can result in disastrous outcomes: On a personal level, an incorrectly labelled food product could kill someone, and as such the matter will end up in a criminal court or civil court or, most likely, both. At a business level, an outbreak of food poisoning will devastate your reputation and income stream, irrevocably, and probably only a complete change of ownership can turn that around in the eyes of the public.

A low Food Safety rating can have similarly disastrous effects, as the outcomes of inspections are published online and ‘bad ones’ are regularly printed in the local newspapers.

Food Safety is therefore the most missioncritical part of your operation. Get it wrong, and businesses (and although rarely, perhaps people) die.

The Licensing Guys have helped a lot of business owners who have been inspected and given a low score, and are now bewailing the negative impact this has had. Excuses range from lack of time and money to the most commonly repeated phrase “I left that with xx as they’re our chef/caterer.”

Trust your staff to do a good job around Food Safety, but Verify on a regular basis but irregular timeline that they are actually doing what they should be doing with regard to Food Safety.

Food Safety is regulated and enforced though local Council Officers who conduct inspections to check up on 3 key areas that you are scored on. l Structural

Compliance and the structure/ maintenance of the kitchen, food preparation areas and any staff areas, including team toilets.

l Food

Hygiene and Safety looks at the processes that you have in place and the ways of working, record keeping and food management systems.

Continued...

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15

Continued... l Confidence

in Management is how you, as a manager or owner, implement the food safety systems across your operation and your knowledge in how this carried out. You need to know and oversee your business with confidence and not leave it to the head chef.

These inspections take place for several reasons, including routine sampling, investigations of complaints and (rarely) advisory visits.

These officers have a right to enter your premises to inspect what you are doing at any reasonable time, and they invariably arrive unannounced – which usually means in practice ‘the worst possible moment’!

Often they give advice, but where they find serious breaches they can close down your food operation and/or even prosecute you.

We can help you with that

You can access online certified training for your staff in Food Safety from our TLG Training Academy.

You can engage us to conduct a Food Safety Audit of your business.

NB: If you like, we won’t even tell you when we will arrive within the next fortnight, so there is no way that our inspection can be anticipated by your staff.

Businesses who have used our inspection regime, especially following a less than ‘comfortable’ inspection from the Council, have gone on to regularise our involvement through a package of ongoing support and periodic check-ups.

We don’t intend to catch your staff out doing things wrong. We’d rather praise them for doing things right! We only seek to give you the reassurance that you have nothing to worry about.

You can download a copy of the Food Safety Checklist from The Licensing Guys Vault. As a subscriber to one of our annual support packages (see p58) you have complete access to the Licensing Guys Vault.

Cooking up a storm?

Better Call Paul!

07891 403 808

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16

Police Guidance Every Police Force in the UK (of which there are 43 separate ones!) has their own individual approach towards Licensing Compliance.

This is evidenced in 43 separate Force Licensing reassure you and your customers that they policies. However, their policies have a lot in are around to help and keep order. common, as the overarching UK Government policy is set by the Home Office. What follows Their occasional presence in your premises are some generalities that apply throughout should therefore not be viewed as a England and Wales. negative, but should be welcomed. l The

Police have general Powers of Entry under the Licensing Act 2003. They therefore do not need a warrant in most cases, so don’t insist upon seeing one prior to entry.

Your Premises Licence, of itself, gives them the power to inspect your Premises. The Police can also use reasonable force to conduct their enforcement powers. By and large, it is their decision and not yours as to what is, and is not, ‘reasonable’. It is also a criminal offence to obstruct them as they go about their lawful duties.

l Police

support local Pub Watch Schemes, BID’s and Retail Radio links. Become an active member and participate fully.

That way, you will legitimately be shared information and intelligence about members of the public who may cause problems in your venue in real time. This will save you a lot of heartache in the long run.

The Licensing Guys give 10% discount for ‘active’ members of Pub Watch Schemes. ‘Active’ means 75% attendance at Pub Watch meetings over a rolling Therefore, work with them, be polite and stay 12-month period. National Pub Watch professional. They are there to help you, and contact details are available at the end you want to keep them on your side. Make of this guide. They provide an excellent sure that your staff and door supervisors are information and resources, such as videos aware of these simple powers of entry, and etc to help you run your Licensed Premises facts of life, to prevent any embarrassment even better. in future. l Many

city and town centres operate a system whereby the Police Officers in uniform routinely walk through Licensed Premises during the Night Time Economy.

This is actually to demonstrate that they police the ‘public space’ and should

l If

you have a deteriorating situation developing at your premises, do not ignore it and hope that it will go away. Odds on, it most likely won’t. Contact your Local Policing Team Sergeant or your local Police Licensing Officer.

Continued...

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17

Continued...

If you do not know who these individuals are, find out and get to know them NOW – as it is often better to tell a friend rather than a stranger about your problems. make sure that incidents are reported to the Police in a timely manner as appropriate. If it is an emergency, it will always be a 999 call. If a more graded response is required, then use 101.

much evidence as possible. Preserve the scene, any weapons, blood stains, glasses used, ask witnesses to remain, preserve the CCTV footage and have it available when the Police ask for it.

l Please

l If

a crime occurs within your premises, record it in your Incident Book. Record the time, day date, location, parties involved, their response and your response. This Incident Log report become part of the evidence in dealing, not only in what has happened in your Premises, but also on how you dealt with it.

You can download a templated Incident Log from the The Licensing Guys Vault. As a subscriber to one of our annual support packages (see p58) you have complete access to the Licensing Guys Vault. l If

a serious crime occurs within your premises e.g. serious assault, sexual assault, glassing or stabbing etc, then preserve as

Remember

Do not touch any evidence, or as little evidence as possible, and do not rearrange any furniture. Do not sweep or mop up a crime scene until the Police say that it is okay for you to do so.

l If

you receive a report of drink spiking, try to secure the glass or bottle that the drink is in. Do not discard any contents as it is evidence.

� But remember one thing above everything else: The Police have a vast and varied experience of dealing with all sorts of issues in Licensed Premises, and whatever has happened to you will not be the first or last time that they have dealt with something similar. They are a great source of help and advice. Even if you have a bad experience with one particular officer, ask to speak to their colleague or supervisor instead.

In Trouble with the Police?

! l u a P l l a C r e t t e B Our advice is ALWAYS free.

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18

Drugs Misuse on Licensed Premises Unfortunately, the Misuse of Controlled Drugs and psychoactive, psychopharmaceutical and psychotropic drugs has been a feature of the Night Time Economy for many years.

Taking these substances have become viewed by many as recreational, and as such have become part of the fashionable activities inherent in the Night Time Economy by some.

As a Premises Licence Holder, Designated Premises Supervisor or member of staff, there is little that you can do to counter that perception.

But the one thing you cannot do is tolerate it in your premises. You are therefore advised to adopt a Zero Tolerance stance on ALL matters of Drugs Misuse.

The relevant law is found within the Misuse of Drugs Act 1971, and section 8 in particular to Licensed Premises. You can look it up for yourself if you are especially minded to, but the essence of it is distilled below: ‘Occupiers of premises to be punishable to PERMITTING or SUFFERING certain activities to take place there… l

Producing or attempting to produce controlled drugs l

Supplying or attempting to supply drugs

l

Offering to supply drugs

l

Preparing opium for smoking, or

l Permitting

The majority of Licensed Premises that fall foul of the legislation fail on the final bullet point – i.e. permitting or suffering people to smoke cannabis on their premises, including their gardens.

‘Permitting’ requires you to have actual knowledge. However, ‘Suffering’ is slightly more complicated, as it implies a failure to take action. This clearly places the onus on you as managers to stop Drug Misuse on your premises or face the consequences of a criminal prosecution and/or a review of your Premises Licence. So: Don’t turn a blind eye!

Nip it in the bud before it becomes a problem.

Please talk to your Local Policing Team and/or local Substance Misuse Team to help you address any issues. Make full use of your Pub Watch membership to share your knowledge and intelligence too.

Have a drugs policy in place that is specific to your premises. You can download templated Drugs Searching, Seizure and Retention Policies and Registers from the The Licensing Guys Vault.

smoking cannabis, cannabis resin

or opium.’

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19

The Security Industry Authority Perhaps one of the greatest innovations and improvements within the Night Time Economy in recent decades has been the professionalisation of the Security Industry.

Despite household names in the roadside vehicle recovery industry advertising to the contrary, the SIA have truly now become ‘The Fourth Emergency Service’. If they get it right, then the other three emergency services are not required.

not, they would not have gone in for this line of work!) you need to impress upon them regularly who is in charge. Although they may be employed by a security company whose services you buy in, in Licensing terms they actually work for you.

The role of the SIA has been integral to the Licensed Trade by the effect of the Mandatory Conditions covering ALL licensed premises with an ON Licence.

Pull out your Premises Licence and look at the Mandatory Licensing Conditions in Part A. All recent Premises Licences carry a mandatory (i.e. ‘must do’) condition requiring that any door staff used at your premises are to be registered with the SIA. Therefore, a Designated Premises Supervisor or Premises Licence Holder may be prosecuted for breach of that mandatory condition in the event that unlicensed door supervisors are used.

Thus, the days of using any local ‘handy’ boys and girls you may know to ‘bounce’ events on your premises are very firmly over.

There are several things that you need to remember… l The

door staff work for YOU. Although they are usually strong characters (if they were

l Your

door staff are the first and last impression that your customers get from your premises. For example, if they are dressed in black paramilitary uniform outside your premises and maintain an aloof distance from your customers with their arms constantly folded, they may not convey the message that you are a family-friendly venue!

l Maintain

the work ethos that it is always better to ‘talk and walk’ a problem out of your premises than to ‘fight the good fight’.

Consequently ‘going hands on’ should always be the final resort.

Continued...

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20

Continued... l Nothing

upsets your customers more than the perception of unfairness or favouritism.

That said, it is only human nature to hold an affinity for certain people in your personal and professional life. It is therefore essential to ensure that your procedures (such as searching, dress code and VIP policies) are transparent, written down, easily understood, well communicated and tactfully enforced by your Door Supervisors with consistency and scrupulous fairness.

Many towns and cities have fostered a healthy liaison between the SIA and the Street Pastor movement. Street Pastors are usually faith-based but have no interest in evangelising their religion upon anyone.

Instead they simply ensure that people who are vulnerable in the Night Time Economy are properly cared for and get home safely.

Please make contact with them and foster a great relationship with them. l Policing’

l Remind

your door staff that there are many vulnerable people in the Night Time Economy, and that they owe a Duty of Care to everyone that they come into contact with. It is NOT enough to treat everyone the same. You would not treat a person with a physical disability in the same way as an able-bodied person. You therefore require them to treat people according to their own individual needs.

l Your

Duty of Care does not necessarily end at the door of your premises. You should impress upon your Door Staff that they should ensure that all the customers are safe and have a good time on your premises – and then get home safely afterwards.

the Public Space is another area for consideration. Agree with your Door Staff exactly how far, geographically, they will operate from your premises as part of your Dispersal Policy. This may involve a conversation with your Local Policing Team about partnership-working.

l You

must keep a log of the door supervisors names and badge numbers and check these against the SIA register that can be found online to verify their badges are in date, genuine and the operative is allowed to work.

You can download a templated Dispersal Policy from The Licensing Guys Vault. As a subscriber to one of our annual support packages (see p58) you have complete access to the Licensing Guys Vault.

There now follows a breakdow n of the types of SIA Licence availa ble and the level of Licence you will ne ed to operate lawfully at your prem ises…

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21

Types of SIA Licence Licence Type

Role

employees of a Any person who manages or supervises es perform designated Non-front line security provider where such employe nection with any activities for the purposes of or in con contract to a consumer (see page 15) ises agency workers Any person who manages and superv ated activities who are instructed to carry out design (see page 15)

rm when any other of Directors or partners of a company/fi that company/firm the directors, partners or employees of perform licensable conduct.

Non-front line

Non-front line

isors or Any person that employs door superv vehicle immobilisers.

Non-front line

the director of a Any person (whether an employee, or t performs door company, or the partner of a firm) tha supervision or vehicle immobilisation.

Front line (referred to as ‘in house’)

e or supervise door Persons who are employed to manag supervisors or vehicle immobilisers.

Non-front line (referred to as ‘in house’)

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22

Further SIA Notes If you act as a manager or supervisor of an individual, where that individual is required to carry out designated licensable activities for the purposes of or in connection with a contract for the supply of services, then you will require a licence even if you an employee of the customer of the services.

NB This means that a manager of a premises owned by a chain will need a licence, even though the chain has contracted the door supervisors in their own right.

If you merely give directions to a licensable individual on the customer’s behalf are not considered a manager or supervisor of that person. In addition, if you are engaged by the firm providing the security services, to give directions only, you are not required to be licensed.

NB Please note the distinction between giving someone a direction e.g. “Please cover the front door etc” is not the same as managing and supervising them, as the latter requires a greater level of control.

SIA Door Supervisors are required to display their Licence, which is usually kept securely in a clear pouch on their left arm. Their Licence bears their photograph

and Licence Number. Please periodically check them, as it has been found on rare occasions that Door Supervisors will lend them out to their friends, and sometimes allow them to expire.

It is your responsibility to ensure that their SIA Licences are correct, in date, and properly displayed when they work at your premises.

Many Premises Licences contain a condition that the identities of SIA Door Supervisors and their hours of work at your premises are formally recorded. Check to see what it says in Part A of your Licence!

You can download a templated SIA Door Supervisor Log from the The Licensing Guys Vault.

Further SIA information can be found at www.sia.homeoffice.gov.uk

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23

CCTV

Part A Public Spaces Many City and Town Centres are now covered by CCTV which is usually funded by a combination of Local Councils, Police & Crime Commissioners and Business Improvement Districts (BIDs). They are invaluable in driving down street crime and alcohol related anti-social behaviour (ASB).

Public Spaces CCTV Schemes usually cover communal areas in order to protect the people who live, work and visit the area for shopping or recreation. Often these CCTV operations incorporate a Retail Radio Link, whereby radio subscribers can contact the CCTV controllers directly and call surveillance directly down onto individual persons or locations where problems are perceived.

Furthermore, these CCTV Schemes may also partner with local Business Safety Partnerships and utilise additional Crime Prevention systems which allow user access to an online crime information-sharing scheme via a regulated smartphone app. The DISC system (Digital Intranet for Safer Communities) is a popular and good example of this, and consequently is in widespread national use.

For further details, visit

https://discagainstcrime.com

Despite some persons being rightly concerned with ‘Big Brother Watch’ and intrusions into personal privacy, these Schemes are run by highly trained, licenced operators to a legal framework set by primary legislation and standards set by the Information Commissioner’s Office.

The principal rules and guidelines are contained within: l

The Protection of Freedoms Act 2012

l The

Surveillance Camera Code of Practice 2013 (the ‘SCCOP’)

l

The Data Protection Act (the ‘DPA’)

It is beyond the scope of this guide to explore the these rules and regulations, but we signpost you to the Information Commissioner’s Office for further details:

https://ico.org.uk

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24

CCTV

Part B In House Systems Most Licensed Premises are required to have, and maintain in full working order, a CCTV system.

Occasionally some premises are effectively excused – like a small restaurant where very few and only problems are anticipated by the Responsible Authorities – but by and large, the provision of CCTV has become a standard requirement.

Look at your own Premises Licence – most specifically Part A. The requirement to have CCTV is usually the very first condition under the ‘Prevention of Crime & Disorder’ Licensing Objective. If it is there, it will most likely look something like this standard wording: 1.1 The premises shall install and maintain a CCTV system as per the minimum requirements of the Police licensing department, current Home Office guidelines and in line with the Information Commissioner’s Office current CCTV Code of Practice. The CCTV system shall have sufficient storage capacity to store a minimum of 31 days footage and record images at 7-12 frames per second.

(Advisory note: - The CCTV system must be registered with Information Commissioners Office to ensure compliance with the Data Protection Act 1998).

1.2 Cameras shall be installed and located at the following locations; main entrance/ exit, external drinking/smoking area, bar serving areas, circulation areas, seating area and toilet access points to enable the capture of images of individuals to a minimum of “RECOGNISING” as defined in the Information Commissioners Office current “CCTV code of practice”. The CCTV system shall be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises at each exit and entrance point.

1.3 All elements of the CCTV System must be maintained in good working order and recordings date and time stamped.

1.4 Staff shall be trained in the effective and timely operation of the CCTV system to ensure rapid data retrieval & downloads of footage can be provided to the Police & the Local Authority Officer upon reasonable request in accordance with the Data Protection Act. 1.5 CCTV shall be active during licensed hours and at least one member of staff who is trained in downloading from the system must be on the premises during trading hours.

Continued...

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Continued...

1.6 In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded in the premises’ incident book and immediate steps will be made to rectify the problem.

What is immediate evident from this condition is this:

1.7 CCTV recordings shall be made available, in downloadable and operable format, to the Police or an authorised officer (as defined by s 13 of the Licensing Act 2003 upon reasonable request, and/or in any event within 24 hrs of any request made by the above-mentioned officer(s).

https://ico.org.uk

The above conditions are technically complicated, highly specific and quite exacting.

You will therefore need to pay particular attention to them OR engage a reputable CCTV company who are highly experienced and professionally competent in installing systems to these standards.

This will also give you added comfort in that, if they do it for you, you have someone to call out when it goes down and/or someone to sue if it all goes wrong!

You will need to register your own system with the ICO at:

✍You will need to learn how to operate your own system, and then will have to train your staff in how to operate the system for when you are not there – and then further retrain them regularly so that they remember how to operate the system.

Your system will have to be password protected, preferably with individual passwords for each member of staff so that you can ascertain who has looked at what, when and why.

You will need to create an easy to follow sheet of basic instructions on how to use the system, that you should then laminate, and keep safe so that unauthorised people may not access your system when you are not there.

You will need a small stock of blank data sticks or recordable media– so that you can download footage for the Police, should they ask ever for it.

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26

Overarching CCTV Guidelines 1. Know why you want CCTV and which specific areas it will monitor.

2. Tell your neighbours and staff that you are installing CCTV. 3. Put at least one Data Controller notice up, warning there is CCTV on the property, with a contact phone number.

4. Position your CCTV cameras for minimal intrusion, e.g. avoiding any neighbouring properties or public spaces.

5. If you can’t help it, consider using ‘privacy masking’. (See page 20) 6. Do not record conversations between members of the public.

11. Do not share any CCTV recordings publicly e.g. on social media sites.

(See page 20) 12. Keep recordings secure and restrict access to them.

13. Make sure you understand exactly how your CCTV system works so you’re not caught out.

14. Make sure the date & time are set correctly. This should be recorded in your CCTV Logbook 15. Make sure you have enough recording space. NB This will vary due to the number of cameras, Live/Motion Recording and the frame rate.

7. Do not install CCTV in traditionally private places, such as toilet cubicles and urinals.

16. Check your CCTV system regularly and maintain it (we recommend an annual service).

8. Don’t keep recordings for longer than you need to. (31 days is recommended standard).

17. Maintain a CCTV Log.

9. Older images after 31days should automatically overwrite..

10. Do not use CCTV recordings for any purpose other than protecting your property and customers.

You can download a templated CCTV Log from the The Licensing Guys Vault. As a subscriber to one of our annual support packages (see p58) you have complete access to the Licensing Guys Vault.

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27

CCTV

Related Matters Privacy Masking:

Sharing CCTV Footage:

‘Privacy Masking’ is technology that ‘blanks’ out sensitive areas on a recording, like a neighbour’s window.

Footage and Stills can be shared under authorised crime intelligence sharing systems (such as DISC) as these systems are registered with the Information Commissioner’s Office and subject of Data Protection regulations.

If you operate CCTV in areas where the public have access, you need to register as a CCTV operator with the Information Commissioner’s Office. Get in touch to check at:

https://ico.org.uk

However, the sharing of CCTV imagery over platforms such as Facebook and What’s App is to be expressly discouraged as these systems are NOT Data Protection compliant.

You can download a CCTV poster from the The Licensing Guys Vault.

In the frame?

! l u a P l l a C r e t Bet Our advice is ALWAYS free.

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28

Environmental Health Every Council maintains its own Environmental Health Department.

They are the centre of advice, guidance and enforcement for many important areas, such as: l

Food Hygiene & Food Safety

l

Control of Infectious Diseases

l

Health & Safety at Work

l Pollution

Control, including statutory nuisance & litter

l

Animal Welfare

l Pest

Control

l

Private Water Supplies

l

Private Sector Housing

l

Health promotion

You will see that most of the above subjects are relevant in Licensing, and therefore and understandably Environmental Health Officers play a very large part in Licensing Compliance and both monitor and enforce this legislation.

They conduct their own investigations, similar to the Police.

As concerns the Licensing Objectives, they own the ‘Prevention of Public Nuisance’ objective.

Because of this, your main dealings with them around Licensing will be caused by issues concerning: 1. Noise 2. Light 3. Odour (Smells) 4. Litter, Waste Management and Street Fouling.

So, when thinking about your business, you should always consider the impact you may be having on others, including your neighbours.

For example, if you operate late at night or play loud music, you may be having an impact on people who live or work nearby.

Be a good neighbour.

We will now deal with the four main areas that will bring you into contact with your local Environmental Health Officers.

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29

Noise Noise nuisance can be caused by a number of factors which are inherent within licensable activities.

Live & recorded music, karaoke, PA systems, machinery & equipment, taxis waiting or vehicle doors banging, smoking areas, pub gardens, customers both inside and outside your premises, and general rowdyism from persons not necessarily associated with your own customers e.g. people queuing outside your premises who are yet to be admitted. You should use your best efforts to minimise high levels of noise.

Many, many noise complaints are caused by amplified music coming from Licensed Premises, breaking out as audible music or vibration – a repetitive ‘thumping’ sound.

the amount of noise emanating from your premises. If you keep the windows closed, you will have to ensure that you have sufficient fresh air circulating – maybe by using air conditioning. l The

use of an ‘air lock’ or ‘lobby’ system of two sets of self-closing doors at the entrance/exit of the premises will provide good noise control provided they are not opened simultaneously or even left propped open.

l Regular

checks of the noise levels you are generating whilst conducting licensable activities will help you monitor those levels.

Although not evidential, hand held noise monitors or noise monitoring smart phone apps will help you record your noise levels so that you can conduct comparisons.

These noise checks should be conducted at sensible distances from your premises, and especially near any noise-sensitive properties that may be affected.

l Keep

There are many ways in which you can prevent, or minimise, this sound ‘leakage’ and you should consider the following: l Keeping

windows and doors closed when noisy activities are taking place will reduce

speakers within your premises and point them away from doors, windows and party walls. Any speaker mountings should be incapable of transferring vibration to your outside walls so as to cause vibration which can be detected outside your premises.

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Continued...

30

Continued... l Consider

sound deadening measures, such as double glazing and rock wool sound insulation injected into your wall cavities.

Look at installing sound curtains.

l Consider

a noise limiting device to control the maximum volume levels at which your sound systems can be operated. Many of these have a cut off trigger, which cuts the power to your systems in the event that the acceptable sound level is exceeded on a given number of occasions in a performance or compression equipment is also available which causes less interruption. (Contact your AV supplier)

l If

your local Environmental Health Department write to you expressing complaints about noise, contact them back straight away. Invite them down for a site visit whereupon you can encourage them to help you create a Noise Plan with agreed acceptable noise levels.

l Ensure

that all your machinery (not only sound systems and noise limiters, but…) kitchen extraction systems, refrigerators & chillers and air conditioning units are regularly checked by your staff and serviced by qualified engineers to ensure that they are working properly, efficiently and not generating excess noise levels.

l If

your premises are near residential properties, avoid emptying your waste bins (especially glass bins!) in the late evening or overnight. Set systems so that your refuse is managed during the working day.

Remember: noise travels three times further at night due to the absence of daytime background noise and the added moisture in the air at night makes it a better conductor of sound.

l Think

carefully about your outdoor areas and smoking shelters. These should be screened and located as far from residential properties as your footprint will permit in order to minimise disturbance. Consider additional control measures such as regular patrols from staff or your door team to ensure customers are not noisy.

Neighbours: Build and maintain great relationships with your neighbours. This will promote goodwill and reduce the likelihood of formal complaints in the event of any difficulties.

You can download a templated Noise Monitoring Log and a ‘Please Leave Quietly’ poster from the The Licensing Guys Vault. As a subscriber to one of our annual support packages (see p58) you have complete access to the Licensing Guys Vault.

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31

Odour The main causes for odour complaints from licensed premises are: 1. Waste storage & disposal areas 2. Drainage systems 3. Cooking smells from extraction systems.

To reduce your vulnerability to complaints from your neighbours about nuisance caused by odours, you should exercise due diligence in the following areas by ensuring that: l Your

waste bins are sealed and of a suitable size for your business operation.

l Your

waste collection arrangements are conducted in an efficient and timely manner.

l Your

kitchens are provided with greasetraps, and that these are cleaned regularly to prevent blockages. Waster food should NEVER be put into the drainage systems.

You may run into trouble with Planning Permission regarding your extraction systems. The Licensing Guys can help you with Planning problems. l Appropriate

odour filters should be incorporated into your food operation that are appropriate for the nature of the food you are serving, the methods by which you cook it, and the quantities of food you are cooking. These should be changed or cleaned regularly as part of your kitchen maintenance schedule.

Here at the Licensing Guys we have helped many clients with their food operations, including setting up restaurant outlets from scratch.

l Kitchen

extraction systems should be designed so that they discharge at a high level, taking into account any surrounding buildings.

Too much ‘heat’ in the Kitchen?

Better Call Paul!

Our advice is ALWAYS free.

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32

Light Pollution You will need to consider lighting for a number of good reasons – not only to advertise the presence of your premises and that it is open for business, as well as safety and security reasons.

But conversely, too much lighting can cause light pollution.

If you intend to operate lighting at night, it is important to it does not cause annoyance, distraction, discomfort or otherwise detract from the surroundings and settings where your premises are located.

l Use

screens, baffles, hoods or louvres on light fittings to control the direction of the light beams.

l Turn

off lighting when it is not in use, or consider using a time-switch or motion sensor where possible and appropriate.

l If

To avoid any problems, you should: l Ensure

that lighting is suitable for your needs and avoid ‘over-lighting an area.

l Carefully

consider where the light is located, and aim any bright beams away from sensitive areas, neighbouring premises and transport routes.

fitting motion sensors, make sure that these are properly located and maintained so as to avoid any unnecessary activation that could cause annoyance to nearby properties.

Consider whether you have the necessary Planning permissions for any lights and signage at your premises. Planning permission should be obtained prior to you going to a lot of expense in signing and illuminating your premises, only to be prohibited from ever using it.

In the spotlight?

Better Call Paul!

Our advice is ALWAYS free.

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33

Litter, Waste and Street Fouling A constant recurring complaint within the Night Time Economy Litter is the level of waste outside Licensed Premises.

However, when it is justified, the outcomes can be unpleasant and, on some occasions, can cause very real public nuisance and public health issues by attracting pests and vermin.

l Encourage

Examples of this include:

l Regularly

l

Discarded uneaten food

l

Broken glass and cans

l

Discarded food wrappings

l

Overflowing refuse and cigarette butt bins.

There are already a number of laws and byelaws regarding the proper disposal and/or the storage of waste which you should be familiar with. But let us be clear on one thing from the outset – Whilst customers are responsible for their own behaviour, you as Licensees and Designated Premises Supervisors should be adopting systems that mitigate that harm. Here are a few things for you to consider… l Take

pride in your Premises! Carry out regular checks of the outside of your Premises and clear away any litter as soon as you can after it is dropped. This will discourage other people adding to the litter when they see someone else’s dropped rubbish.

your customers to discard their refuse responsibly by putting up posters and signs, and emptying bins and ashtrays as soon as they are full. collect unattended open bottles and empty glasses – to cut down on an otherwise massive job at the end of the night.

l Provide

an appropriate amount of open, clean, accessible and attractive toilets at your premises. Check them regularly.

Maintain soap and towel dispensers properly and empty the bins.

l Reduce

the amount of packaging provided to customers, and only use packaging that easily bio-degradable, where possible.

l Recycle

bottles and cans wherever possible.

Record what you are doing so that you can counter any subsequent challenges from the Authorities or Pressure Groups.

l Cut

down on your use of promotional leaflets and publicity giveaways. If you must, then place leaflets directly into the hands of customers rather than leaving it under windscreen wipers. After all, there is nothing more disheartening than seeing your expensive publicity material blowing around and away down the street at the end of the night.

Continued...

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34

Continued...

Your Premises Licence, and especially your Temporary Events Notice, permits you to sell alcohol by retail and put on licensable activities.

For specific events, it may be required or advisable to create an Event Management Plan to help you manage many issues such as Public Nuisance (see below).

It does NOT permit you to make a public nuisance of yourself đ&#x;¤Ł

Not all the recommendations included above may be relevant to your operation, so this list is not exhaustive. Therefore‌

Activities can cause a nuisance at any time of the day or night, and therefore it is essential that you put in place control measures to limit any nuisance that could ensue.

You can download a templated Litter Check Log for free from the The Licensing Guys Vault.

You can download a templated Event Management Plan from the The Licensing Guys Vault.

Someone dishing the dirt?

Better Call Paul!

Our advice is ALWAYS free.

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35

Trading Standards For those of you old enough to remember it, Trading Standards used to be called ‘Weights and Measures’.

Trading Standards Officers are employed by individual Councils to enforce Consumer Protection legislation. In this regard, they have a large role to play in Environmental Health, Health & Safety and Licensing enforcement.

This department is the lead enforcement agency for the Licensing Objective around ‘The Protection of Children from Harm.’

They are extremely efficient and professional in what they do, especially around counterfeit and non-duty paid cigarette investigations.

They are highly proficient in intelligence gathering, surveillance, undercover and test purchase operations.

They like to pay house-calls on local businesses, usually unannounced, and often turn up with many of their friends from other enforcement agencies, in what are called a ‘Multi-Agency Premises Inspections’ (see Page 6). They will take numerous photographs and usually leave with lots of souvenirs of their visit.

Trading Standards will also visit to test your products unannounced. They will not disclose who they are initially and order various products. They will be looking to ensure that correct measures are being dispensed to the customer, that the product dispensed is the genuine product and that the product has not been diluted - otherwise known as “Tipping” They may also look at the products described on your menu are the same as the products being used in the kitchen, for example “Whole Scampi” listed on the menu, but “Formed Scampi” is substituted and served.

In summary: They are impressive people, so do NOT upset them.

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36

Keeping within the Consumer Law in Pubs, Restaurants and Cafés.

Clearly, you must trade fairly with your customers.

The law demands this and, after all, it’s only fair.

To do so, you must provide information to your customers about process and descriptions of the things that you sell them. This allows them to make an ‘informed decision’ about making purchases for food, drinks and goods for sale.

For food, this will be the name of the food and should include a sufficient description of the item, or dish, for a customer to make an informed choice.

The Unfair Trading Regulations of 2008 removed specific requirements about the pricing of food and drink, but DO require you to provide important information that may affect your customer’s choice of purchase. In order to make this choice, they should be able to make an ‘informed’ decision.

The price should include any VAT and ANY additional service or other charge that is to be included in the sale and supply of that product.

This is the ‘information’ that you need to provide them in order to comply:

Main Characteristics of the Product:

For drink, this will be an accurate description of what it is and may include the brand name.

For any drink over 1.2% ABV it must state the alcohol content, either on the bottle or can or elsewhere.

Prices

Quantity

This includes the size of the drink in metric, unless sold by the pint, or in the case of food the specific portion size.

Description

Care must be taken when using brand names.

AS an example: A ‘Bacardi and Coke’ means exactly that, and not another brand of white rum and mixer.

Bacardi is a brand name. Similarly “Coke” is a registered trademark and a term of reference/ shorthand for the product “Coca-Cola”.

Continued...

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37

Continued...

Conversely Cola is a sweetened, carbonated soft drink flavoured with vanilla, cinnamon, citrus oils and other flavourings. It is not a brand name.

If you are not strictly serving ‘Bacardi and Coke’, you may be best representing it to your customers as ‘Rum and Cola’. They will know what you mean and what it is, and consequently be able to make an ‘informed’ decision – and they will probably buy it anyway.

Obviously if the alternative product is of a cheaper price or lower quality, this will be an aggravating factor in the opinion of the officer(s) and Court. The brand owner’s lawyers might also want to correspond with you after any such allegations too.

Why not take some time out to check that what you’re advertising, and what you’re selling, actually match?

The Licensing Guys can help you with this…

If you supply a different brand to that advertised or requested by the customer, or what is shown on the label or optic, you may find yourself prosecuted by Trading Standards.

Case of Mistaken Identity?

Better Call Paul!

Our advice is ALWAYS free.

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38

Weights & Measures Trading Standards Officers ensure that everyone trades competitively and fairly on a ‘level playing field’ through their enforcement of the Weights & Measures Act 1985.

Business Names

Trading Standards always like to know who they’re dealing with. Same goes for your customers. Your trading name and details of ownership – plus the address of the premises (unless it is obvious from the situation) are required to be displayed.

Strangely enough, how and where you display the information required above is not prescribed, but it should be clear and easily readable by the average customer.

out of circulation and have been replaced by the CE marked glasses. Whether the UK will revert to crown marking post-Brexit is unknown to the authors at this time.

However, if you use meters, your glasses do not need to be marked/stamped, but the meters themselves need to be stamped instead. The customer needs to be able to see the glass being filled, and you must not fill the glass before it has been ordered.

Okay, so we’ll now look at what you can and can’t do…

Beer, Lager and Cider, except when mixed with other drinks, can only be sold draught in the below quantities:

⅓ pint ½ pint ⅔ pint Multiples of ½ pints thereafter.

If you use glasses, each must be stamped with either the old ‘crown mark and number’ or the new ‘CE and M marking.

As time has gone on since the change, you will find that most crown marked glasses have gone

Sale by the Jug is still undertaken in very traditional craft beer establishments and cider houses, but is far from common unless part of a special promotion you may be running.

Draught beer, lager and cider can be sold by the jug provided the quantity of the sale is in multiples of 1/2 pints.

Here either the jug is stamped as a ‘transfer measure’ of that capacity, or the liquid is

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Continued...

39

Continued... measured by a meter in front of the customer at the time of sale, but not beforehand. Pricelists must be crystal-clear about the measure that is being used in a jug sale.

Gin, Rum, Whisky & Vodka, unless they are sold in cocktails of three or more drinks, may only be sold in these quantities: 25ml 35ml Multiples of the above quantities.

If you have changed over to use 35ml measures, the 25ml ‘thimble/jigger’ should be removed from the bar to avoid mistakes. Also, if you use 35ml measures for single shots, you cannot then use a 50ml measure for ‘doubles’ – as the correct measure would be 70ml (i.e. 2 x 35ml).

Free Pouring

Free pouring is not generally allowed. Spirits should be served as noted in the section above.

However there is an exception to this rule when making cocktails which is made up of 3 or more liquids (Not Ice or Water) so cocktails can be free poured.

You should always take into account your mandatory conditions that state that there “shall be no irresponsible drink promotions” so do not offer large amounts of alcohol at cheap prices.

Ensure that a Free Pour test kit is available, that all staff are regularly trained and tested, and the training results are kept in a log. Any staff failing testing should not be permitted to free pour.

Continued...

NB The old ‘imperial’ measures (e.g. one sixth of a gill) CANNOT be used for the sale of any spirits any more.

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40

Continued...

Auto Pours

If you are using auto pours, ensure these are stamped and approved. Remember that these work best for thinner mainline spirits and will fail if used on thicker spirits such as Sambuka, Flavoured Shouts and Sourz.

Ensure that these are cleaned nightly to keep them pouring correctly. It’s likely that if they do fail, it will be you loosing stock and the customer who’s gaining.

before emptying it into a glass, rather than into the glass itself for the customer.

Wine

Wine (except fortified wines) must be sold in the following quantities: l

By the bottle

l By

the glass in 125ml, 175ml or multiples of these quantities

l By

You need to put a notice, which can be easily read by your customers, stating clearly whether you are using 25 or 35ml measures.

You can download a templated Measure Notice from the The Licensing Guys Vault. As a subscriber to one of our annual support packages (see p58) you have complete access to the Licensing Guys Vault.

The same measure must apply right across all the bars located within your pub, bar or café.

Whatever you use to measure your spirits (e.g. optics or thimbles/jiggers) these must be stamped and be visible by your customers when they are being used. Bottle top pourers are not usually stamped, and they should ONLY be used for filling a thimble/jigger

the carafe in 250ml, 500ml, 750ml or 1 litre quantities.

Wine exemption

Wine in quantities of less than 75ml are EXEMPT from the above requirement, thus permitting ‘flights’ or ‘tasters’ of wine to be sold as samples to prospective customers.

Fortified wines must be sold by the glass in quantities of 50ml or 70ml. These quantities must be made clear to customers on a notice, or in every wine list or menu, that is easy to read (i.e. not hidden in the small print).

Needless to say again, but anything you use to measure out wine (e.g. carafes, glasses and optics) must be stamped.

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41

Small Measures Mandatory Condition 5

Mandatory Conditions appear on every single Premises Licence issued under the Licensing Act 2003, and this particular one ensures that every customer has the opportunity to choose small measures of Beer, Ciders, Spirits & Wine.

Mandatory means “must do” – for the avoidance of doubt, this is a “must do.” This is what it says…

The responsible person shall ensure that: A. Where any of the following alcohol drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale and supply in a securely closed container) it available to customers in the following measures: i. Beer or cider: 1/2 pint; ii. Gin, rum, vodka or whisky: 25ml or 35ml; and iii. Still wine by the glass: 125ml; and B. Customers are made aware of the availability of these measures.

Weighing up your options?

! l u a P l l a C r e t t e B Our advice is ALWAYS free.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

42

Age Verification (aka Challenge 25) Now, let’s get this out there from the start: There may be other standards out there e.g. Challenge 18, 21 and 25. Technically the Policy is set for your County by the Trading Standards of the Council where your premises are situated.

But here at The Licensing Guys we only do one – Challenge 25.

Why? Because it is clear, unambiguous and if properly implemented will ‘keep you legal and trading’, all day and every day. It’s what we do!

Therefore, it is the Premises Licence Holder’s responsibility to ensure that there is an Age Verification Policy in place.

You can download a templated Age Verification Policy from the The Licensing Guys Vault.

That said, it is the Designated Premises So: If you are a member of the TLG Vault, all the Supervisor’s responsibility to ensure that materials you download from there concerning this Age Verification Policy is put in place Age Verification will refer to Challenge 25. and ‘happens’.

Age Verification Policy for Alcohol Sales – Mandatory Condition: Remember – ‘mandatory’ means ‘must do’.

It is a Mandatory Condition on all Premises Licences and Club Premises Certificates, that the holders of same will ensure that an Age Verification Policy applies to the premises in relation to the sale or supply of alcohol.

Remind yourself: Are you the Premises Licence Holder for your premises, or the Designated Premises Supervisor for your premises, or maybe both? Look on your Premises Licence on either Part A or Part B – it says who does what right there!

All this means that procedures must be established, and put into action, so that customers who appear to be under 25 will be asked to produce certain acceptable forms of identification to establish their age to be over 18.

Continued...

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Continued...

How do you achieve Challenge 25?

Actually, the law does not specify in any detail what you must or must not do. That’s where The Licensing Guys step in.

There is some flexibility as to how you may achieve these levels of compliance. The systems used by a nightclub can be expensive and complex (e.g. the use of a software solution like IDScan). This will way more than expected for a small Convenience Store with Off-Licence.

Always remember that the ultimate goal is to prevent anyone under 18 from being supplied with alcohol unlawfully. This includes home delivery!

You can download a templated Age Verification Policy from The Licensing Guys Vault.

Failing to Plan is Planning to Fail. Have a Plan! l Ensure

that all your staff that sell alcohol are trained and retrained in Challenge 25, know where your Policy is and know what it says – exactly. Train them in who to ask, how to ask and what forms of ID to accept, how to check that ID for fake items, and then how to politely but firmly refuse the sale.

The best way to do this is to give them formalised training.

The Licensing Guys provide Responsible Alcohol Retailing training that includes Challenge 25. Call us for details on 01432 373 603 – we will even come to your Premises to train your staff in their workplace. l The

only acceptable forms of Valid ID should be a photo driving licence, a passport or a PASS (Proof of Age) card (see page 46). Some Council policies allow the presentation of a Military Pass, but here at TLG we do not encourage the presence of Military Passes in the Night Time Economy, in case they should they become lost or stolen.

l Keep

a Training Record of who has been trained in Challenge 25, when and by whom. Get you staff to sign to the fact that they have been trained, so as to prevent any ‘blow-back’ upon you should they later commit an offence by selling to an underage customer.

You can download a templated Staff Training Record from The Licensing Guys Vault. As a subscriber to one of our annual support packages (see p58) you have complete access to the Licensing Guys Vault.

Continued...

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

44

Continued...

Posters l

Display Challenge 25 posters in your shop:

1. At the entrance of the shop 2. On the alcohol shelves 3. At the counter.

You can download Challenge 25 posters from The Licensing Guys Vault.

Refusals l If

a person challenged cannot provide proof of being 18 when being challenged, then ALWAYS refuse the sale.

l Whenever

a sale is refused, EITHER by you OR you staff, the following information should be recorded:

1. Time 2. Date 3. Type of alcohol attempted to be purchased 4. Description of the person refused 5. Type of ID presented to you (if any is offered) 6. Reason for refusal or non-acceptance of ID produced.

7.

Your Name (this is really important to protect you!)

As explained earlier, it is the responsibility of the DPS to check that the Policy is being implemented. That means that YOU will have to check the Refusals Register

You can download a templated Refusals Register and a Deliveries Log from The Licensing Guys Vault.

When you are presented with fake ID, inform the holder that you will retain it and call the Police and give it directly to them. This usually results in the Young Person leaving the shop immediately. Call the Police and give them the suspected piece of fake ID when they arrive.

Some Police forces will provide outlets with “Bailment Forms” which you complete and give part of to the customer as a receipt for the ID. If the Young Person is adamant and demands the return of the article of suspected fake ID back, enter the Young Person’s details AND the details of the suspected fake ID in your Refusals Register and then hand it back to them – but STILL REFUSE the sale.

Do not end up in a fight with them over the suspected fake ID. You do not have to justify your decision not to make the sale to them.

Be firm and polite. They will soon go to attempt to make their purchase elsewhere.

Support your Staff Challenge 25 will only work if your staff have complete confidence that the decisions they make, often in potentially stressful circumstances, will not be undermined by you with the benefit of hindsight. Yes, they will occasionally make mistakes – that’s only human. But if they are brave enough to refuse a sale, they are doing to in order to protect YOUR business.

Continued...

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

45

Continued...

So, whatever you do or don’t do, ALWAYS support your staff. Remember…

Your business is only as good as your staff.

Your staff are only as good as your leadership, and the training and support that you give them.

PASS Cards

The Table Meal EXCEPTION

You will know that a person under 18 can NEVER purchase alcohol. However, there is a strange quirk in the Licensing Law regarding Young People aged 16 and 17 and their consumption of alcohol.

Some people have heard of this ‘loophole’ and some people even claim to understand it. Few rarely do. So here it is set down as simply as possible so that you can comprehend it in all its full glory…

The Proof of Age Standards Scheme (PASS) – is the UK’s national proof of age accreditation scheme. It is endorsed by the Home Office, A Young Person aged 16-17 can CONSUME National Police Chief’s Council, the SIA and the beer, cider or wine in licensed premises if Trading Standards Institute. accompanied by someone over 18 (who must do the purchasing) and only if that drink For further details, please visit accompanies a substantial table meal. So…

www.pass.scheme.org.uk

Test Purchase Operations The only person under 18 who can lawfully buy alcohol in the UK – is a ‘spy’ (aka Test Purchaser), sent into your premises by Trading Standards and/or the Police, with the training and authority to attempt to buy alcohol from you for the purposes of a test purchase operation. This activity is lawful. What a test purchaser cannot do is consume the alcohol (or other age-restricted goods) that they have purchased.

Trading Standards and/or the Police mount Test Purchase Operations when they have general or specific intelligence relating to under-age purchases in a vicinity of or from a premises.

If you implement Challenge 25 properly, you and your staff will never be caught out!

1. There’s got to be a substantial table meal on the table 2. It’s got to be beer, cider or wine in the glass 3. The over-18 year old is the only one allowed to purchase the drink.

Moreover: Watch that Young Person like a hawk! There should be absolutely NO WAY that young person is going to get drunk or be allowed to consume more than a couple of drinks in your premises – as the consequences for your business of it going very wrong could be appalling.

Thought they looked old enou

gh?

Better Call Paul!

Our advice is ALWAYS free.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

46

Children on Licensed Premises You will all remember that the Protection of Children from Harm is a Licensing Objective.

However, we also hope that families, including their children, can enjoy visiting your premises and feel happy and be safe there.

Take a few minutes to check regularly that your premises are safe for children. Check your electrical fittings, fire places, gardens and play areas, gates and fastening – especially giving access to road traffic.

You can download a templated Appliances Check Register from The Licensing Guys Vault.

4. Management Committees of Clubs or Boards of Community-based Facilities what do not have a Designated Premises Supervisor are strongly advised to put in place their own Child Protection Policies.

Contact us directly if you wish to discuss Child Protection and Safeguarding Policies specific to your premises or operation.

5. Children must be protected from drugs misuse and trafficking.

Here is a checklist of things you need to consider with regard to Children on your premises: 1. All gaming machines (except Cat D machines) must be positioned in areas of your premises that are not accessible to Children under 18. It is an offence for an under-18 to play them.

2. Be on your guard for inappropriate behaviours towards youngsters by your own staff, volunteers, or customers. This not only includes physical and verbal abuse, but also inappropriate suggestions to that young person.

3. Children must not be admitted to any adult entertainment. This includes nudity, offensive language, coarse humour or even any advertisements of same.

6. Ensure that any children under-16 are accompanied and supervised by a person over-18 whilst on your premises.

7.

If you operate an event for under-18s on your premises which is otherwise used as Licensed Premises (sometimes affectionately known as a ‘Nappy-Night’), you will need to ensure effective searching procedures, sobriety checks and probably take down your stocks of alcohol from your bars if directed to do so by the local Licensing Authority. d...

Continue

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47

Continued...

8. You are best advised NEVER to touch a person under-18 unless and ONLY if it is justifiable in order to ensure that person’s immediate safety.

Other Regulations regarding Employing Children: l

No children can work at all under 13.

l

No children can work during school hours.

l Children

cannot work in a kitchen, collect glasses or serve alcohol unless in a sealed container.

l Cannot

work in excess of 4 hrs without 1 hr break.

l Without

taking a break of at least two weeks away from all work during the school holidays.

l No

child under minimum school leaving age can work full-time.

l If

they are part of a performance in which a charge is made, a special Child Licence may be required. Speak to your local Children Services for details.

l Children

aged between 13-16 may not work before 07:00hrs or beyond 19:00hrs.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys Š

48

Other Age -Restricted Products Product Tobacco, Rolling Papers and Vapes

Age 18

Knives

Fireworks Lighter Refills

18

18

18 18

Solvents

Lottery Party Poppers

Videos/DVDs Liqueur Chocolates

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys Š

16

16

12/15/18

Nil

49

Public Health Your local Health Authority is a Responsible Authority but strangely the Promotion of Public Health is NOT one of the Licensing Objectives within the terms of the Licensing Act 2003.

There have been significant conversations about the prospect of amending the legislation to include it but it hasn’t been included yet.

Personal Licence Holder’s qualification, and are generally set so low as to be met with consternation by the general public.

In the meantime, the Department of Health insists, quite rightly, that your local Health Authority maintains sufficient knowledge of your local licensing policy so as to contribute to the licensing function.

However Responsible Alcohol Retailing is everyone’s concern, and The Licensing Guys address responsible server training in order to prevent over-service, particularly in relation to customers who are becoming intoxicated.

Therefore, you will find Public Health officers’ contributions regarding Licence Applications and Licensing Reviews regularly, but framing their responses around Public Safety and the Prevention of Crime instead. Their opinions are particularly sought around counterfeit cigarette operations and alcohol-related harm issues.

Remember: It is always an offence to serve a drunk!

The Government’s Chief Medical Officer issued guidelines on sensible drinking. These are covered in the syllabus for the Award for

You can download our ‘Emoji’ Drunkenness Test poster from The Licensing Guys Vault. (see p58 for more information) The Licensing Guys will train your staff in Responsible Alcohol Retailing.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

50

Selling Cigarettes General

Contrary to popular belief, you do not need a Premises Licence, or any other type of Licence, to sell tobacco. The reason for the confusion probably arises because Premises often lose the Premises Licence when they are caught selling or stocking dodgy cigarettes. (Dodgy for these purposes means counterfeit or non-duty paid). But in reality, although these operators may have been caught with dodgy cigarettes, the removal of their Premises Licence only stops them from selling alcohol!

If you sell tobacco in your pub or shop, there a number of regulations that you need to comply with. This guide details your requirements under the Tobacco Display Ban regulations, the UK Standardised Packaging Regulations and the EU Revised Tobacco Products Directive.

Tobacco Display Ban

The law on the display of all products containing tobacco and the display of tobacco prices changed in April 2015 for small stores.

It is now illegal to display tobacco products in shops and businesses in England, except to people over the age of 18 in the limited circumstances set out in the law. These rules came into force for larger stores in 2012.

It is now illegal to display tobacco products in the relevant shops and businesses in England and Wales, except to people over the age of 18 years in the limited circumstances set out in the new law. For example, the doors on the cabinet must remain permanently closed when not opened to remove a packet for sale.

Similarly, staff are not permitted to open the

cabinet to display the contents to a prospective purchaser, only to remove a specific product once requested by the purchaser. The ability to choose from what’s available in stock has therefore been curtailed.

Standardised Packaging

On 20 May 2016, the European Union Revised Tobacco Products Directive and the Standardised Packaging of Tobacco Regulations 2015 came into effect. These regulations have been widely utilised in the ongoing battle against the counterfeit cigarette trade. Reasons for seizures include the wrong packaging, or the health warning being in another language than English.

These regulations: l

Require all tobacco packaging to be a standard dull brown colour with a matt finish.

l

Permit only specified text (such as the brand and variant name) in Helvetica plain font.

l

Ban the sale of price marked packs.

l

llow required markings such as health A warnings and fiscal marks to remain on packaging.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys Š

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Continued...

Track and Trace

This is another significant measure introduced to counter the counterfeit cigarette trade.

It involves retailers applying for specific authorisations to deal in cigarette transactions – namely through their newly issued personal Economic Operator Identifier Code (EOIC) and their shop’s Facility Identifier Code (FIC) – used to track & trace cigarettes in the UK. The tobacco ‘track and trace’ regulations are part of the EU Regulations. The UK Government are in the process of introducing the ‘track and trace’ provisions of the Directive into UK law.

These regulations came into effect on 20th May 2019. l If

the UK leave the EU with a deal, the current UK and EU track and trace legislation will still apply and access to the EU Secondary Repository to record and upload the movement of tobacco products will be retained.

l If

the UK leave the EU with no deal, the government will suspend the current track and trace system as the UK will lose its access to the Secondary Repository and businesses would be unable to record and upload the movement of tobacco products.

The government would work towards developing a standalone UK track and trace scheme to be implemented as quickly as possible.

Menthol Ban

Again, the European Union Revised Tobacco Products Directive makes it an offence for manufacturers to produce menthol cigarettes and retailers to sell menthol cigarettes from 20th May 2020.

The ban also applies to capsule, click on, click & roll, crush-ball or dual menthol cigarettes.

Oddly, this ban does not apply to heated tobacco products or e-cigarette products.

There is no sell through period which means that retailers must have sold through any remaining stock of menthol cigarettes by 20th May 2020.

Counterfeit and Non-Duty Paid Tobacco Operations:

The most common reason for Convenience Stores with Off-Licences actually losing those Premises Licences is through being caught dealing in ‘dodgy’ cigarettes.

The Statutory Guidance is clear that being caught dealing in ‘dodgy’ cigarettes will always be treated as extremely serious, even on the first occasion, as this trade has very clear links to organised crime.

If you are caught selling ‘dodgy’ cigarettes, you will almost certainly lose your Premises Licence at the forthcoming Licensed Premises Review.

Remember: The Licensing Guys’ message is clear and unambiguous: Do NOT deal in ‘dodgy’ cigarettes.

Not your Smokes?

Better Call Paul!

Our advice is ALWAYS free.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

52

Vulnerable People & Licensing Sadly, some people are innately or temporarily vulnerable.

This can be caused through internal factors, such as mental illness, or through external factors such as circumstance.

We could debate for hours on whether being drunk is an internal or an external factor, but in the end it actually make little difference if we simply confine our minds to whether the person we are dealing with is ‘vulnerable’ (no matter what the cause) and we THEN go on to safeguard them.

Medical Emergency

The first and most obvious indicator of vulnerability is Injury.

The Licensing Guys offer First Aid training in our Training packages. Please click this link and avail yourselves of this training:

www.thelicensingguys.com/training.html However, The Licensing Guys also STRONGLY recommend that each and every one of you download the following app to their smartphones: CitizenAID. You can access it here:

www.citizenaid.org/home This free app will provide you with the knowledge, skills and abilities to render first aid to any casualty in any adverse scenario, even including stabbings, acid attack and terrorism. It has been devised by military trauma specialists

for use in civilian emergency scenarios, and is based on their wealth of battlefield experience which has been adapted and adopted for use in the Night Time Economy. As such, we thoroughly recommend it.

Drunkenness

Full-blown Drunkenness IS a Medical Emergency – full stop.

Most people who get into difficulties in the Night Time Economy have been drinking. That is a statistical reality. People who are drunk are not only volatile, they are also much more likely to be injured and end up at an A & E Department than people who have not been drinking. Drunk therefore equates to Vulnerable.

Please: Do all you can to ensure that drunk people receive the care they really need so that they get home safely.

Alcoholism

Evidence supports defining alcoholics and other heavy drinkers as a vulnerable population. Long‐term excessive use of alcohol has been linked to liver disease, heart disease, cancer, learning and memory problems, mental health problems and social problems.

The Licensing Guys will train your staff in Responsible Alcohol Retailing.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

Continued...

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Continued...

Bullying and Coercive Behaviours

Alcohol is a drug because it alters the mental and physical state of the drinker. It can also alter the bands of acceptability of and susceptibility to otherwise unacceptable and risky behaviours. You should ensure that certain customers are not being taken advantage of by other members in the group – they should be easy enough to spot as the victims will present as: l The

out of place, solitary hangers-on in a group who appear to be the butt of the heavy-handed joking and be constantly sent to bar with a long list of drinks to purchase for the other members, or introverted loner who doesn’t seem to be enjoying themselves as much as the others yet is constantly being cajoled for not entering the full swing of the evening/event.

from sexual assault by using a codeword to identify when they are in danger or are in an uncomfortable situation. When an establishment uses this programme, a person who believes themselves to be in danger can approach a member of staff and simply ask for ‘Angela’, a fictitious member of the staff.

The member of staff will then help the person get home discreetly and safely by either escorting them to a different room, calling them a taxi and escorting them to it, or by asking the other party member to leave the establishment.

There is a mirror initiative called ‘Ask for Clive’ to be used within the LGBT communities.

l The

However, the link between alcohol, violence, bullying and coercive behaviour can be oversimplified and perhaps creates false stereotypes. Whatever the sociological theories, you are still well advised to stay alert to the possibility that some of your customers may not truly being enjoying their evening out.

National Pub Watch fully support this scheme.

If you want to implement it, you will need to train your staff in order for it to be delivered efficiently and effectively.

Ask�for�Angela

Ask for Angela/Clive

To that end, two mirror schemes have sprung into existence to counter the recent growth in the phenomenon of internet dating – especially when those dates start going wrong.

Ask for Angela is the name of a campaign in England that started in 2016 that is used by bars and other venues to keep people safe

www.areyouok.co.u

k

You can download our ‘Ask for Angela’ poster from The Licensing Guys Vault.

As a subscriber to one of our annual support packages (see p58) you have complete access to the Licensing Guys Vault.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

54

Illegal Workers On several occasions, The Licensing Guys have been called upon to represent business owners who have been caught employing illegal workers.

This is not only a criminal offence for which you can receive 5 years imprisonment and/ or ‘unlimited’ fines. You can also get a Civil penalty notice (a bit like a parking ticket) of up to £20,000 for EACH illegal worker found at your premises.

Whatever the outcome of any criminal investigation, being caught with illegal workers in your business will also result in a Premises Licence Review (see page 11) as the employment of illegal workers is defined as ‘serious’ in the Government’s Statutory Guidance on Licensing. These measures are part of the Government’s intention to make the UK a ‘hostile environment’ to illegal immigrants and overstayers.

Being an illegal worker essentially means that your employee has NO RIGHT TO WORK in the UK. This comes about through the worker: l Having

no permission (aka ‘leave’) to enter OR remain in the UK

l

That permission (aka ‘leave’) has expired

l They

are prevented from doing certain types of work

l The

papers they are using are incorrect or in some other way false.

in breach of the above bulleted list, or they suspect of being in breach, will be detained and taken away.

So, you WILL be in deep trouble if you either employ illegal workers or you do not check proper checks or do not check their paperwork properly.

NB It is not an excuse to claim that you were not employing a worker because you were not paying them or that they were only on a trial to see if they were good workers and you wanted to take them on permanently. If they are working in your business, paid or otherwise, then they are employed for the purposes of this legislation.

The Licensing Guys can help protect you.

You can download our Employer’s Checklist from The Licensing Guys Vault.

We will even check the immigration paperwork for you if required.

The Licensing Guys will represent you at any Premises Licence Review arising from breaches of the Immigration legislation.

Immigration Enforcement Officers often accompany their other partner enforcement agency colleagues on Multi-Agency Premises Inspections (see page 12). Anybody they find

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

55

Planning Overview

In the UK, the licensing and planning systems operate independently, involving consideration of different, albeit related, matters. l Planning

is the regime that is directed at development of land and the use of premises upon it.

open until 22:00hrs at night, yet they now want to provide a 24hrs Convenience Store with Off-Licence facility.

In these circumstances, the customer will need to apply for a change of use or a change in condition(s) regarding their Planning Permission.

l Licensing,

on the other hand, is the regime that is directed at licensable activities and responsible management of licensed premises upon that land.

However, several applicants come to The Licensing Guys EVERY WEEK with Planning issues that impact upon their Licensing aspirations. The most common of these is that their current Planning Permission does not let them operate their business down an avenue that they want to branch into.

Types Of Planning Permission

Advice

l

A1: Shops

Here at The Licensing Guys, we have teamed up with partners who know all about Planning Permissions and how to change them. So far, we have successfully obtained Planning Permissions for:

l

A3: Restaurants and Cafés

l

Restaurants & Bars

l

A4: Drinking Establishments

l

Car Washes and Car Valeters

l

A5: Takeaways

l

Car Dismantlers

The most common types of Planning permission we encounter at The Licensing Guys are:

As examples

Some customers come to us wanting to convert a Shop into a Takeaway or a Restaurant into a Bar. Sometimes our customers find that their Planning Permission only allows them to stay

So, if you want advice, simply call us. Planning & Licensing issues are far too important to rely on what somebody told you down the Pub. The web is full of conflicting advice too. Just call us – our advice is always free! We will provide an obligation-free quotation on what it will cost you to alter your Planning Permission/ Permitted Uses.

Continued...

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Representation

The overwhelming majority of our Planning applications are processed without the need for any form of Planning Hearing. This is because we know, from our vast and current knowledge, what steps need to be taken for your application to be granted with the minimum of obstacle and delay.

In the event that parties (sometimes your neighbours or neighbouring businesses) do object to your application, then we will represent you at any Planning Hearing for an additional fee at a fraction of the price of a

solicitor. That said, these Hearings are very rare and we are invariably successful at them.

If you instruct us to act on your behalf, we will contact the Planning Authority and other parties in order to negotiate your position. We will also prepare and submit your plans and application, and will represent you at the forthcoming Planning Hearing if required.

We will ALWAYS give you an honest appraisal of your prospects, and act in your best interests to grow your business and keep you “keep you legal and trading.”

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

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Our Support Packages The Licensing Guys© are different to other companies and have a personal commitment to helping support you and your business when you need us most.

There may be times when you are unsure of the correct route to take. We are always at the end of the phone to help you when you need us for that important direction and support.

Our simple packages offer you essential support that’s affordable and most importantly will keep you Legal, Safe and Trading.

Starter Support Package £49.95pcm

Our Most Popular Package £69.95pcm

Premium Support & Compliance Package £89.95pcm

4 x Responsible Alcohol Retailing (RAR) Training for your Staff 4 x Annual (RAR) Refresher Training for your Staff 1 x Annual Compliance Audit 1 x Temporary Event Notice (TEN) Telephone Support 09:00 x 17:00hrs Mon to Fri

6 x Responsible Alcohol Retailing (RAR) Training for your Staff 6 x Annual (RAR) Refresher Training for your Staff 1 x Annual Compliance Audit 2 x Temporary Event Notices (TEN) Telephone Support 09:00 - 17:00hrs Mon to Sun Exclusive Access to the TLG Vault containing Posters, Policies.

6 x Responsible Alcohol Retailing (RAR) Training for your Staff 6 x Annual (RAR) Refresher Training for your Staff 1 x Award for Personal Licence Holders Course 1 x Annual Compliance Audit 2 x Temporary Event Notices (TEN) Telephone Support 24 hrs a day, 365 days per year.

Exclusive Access to the TLG Vault containing Posters, Policies.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

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Our Training Courses Here are a succession of links that will take you to our specific courses: 1. Award for Personal Licence Holders (England & Wales) 2. Award for Personal Licence Holders (Scotland)

12. Fire Safety Level 2 13. Customer Service Level 2 14. Safeguarding Children

3. Introduction to Allergens

15. Paediatric First Aid

4. Food Safety Level 1

16. Display Screen Equipment

5. Food Safety Level 2

17. Equality & Diversity

6. Food Safety Level 3

18. General Data Protection Regulation (GDPR)

7. Manual Handling

19. Managing Conflict

8. Health & Safety Level 1

20. Self-Awareness & Personal Development

9. Health & Safety Level 2

21. Stress Management

10. Health & Safety Level 3 11. Fire Safety in the Workplace

22. Team Working

Need to wise up?

! l u a P l l a C r e t Bet Our advice is ALWAYS free.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys Š

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The Licensing Guys Vault As a subscriber to one of our annual support packages (see p58) you have complete access to the Licensing Guys Vault.

Our complete range of supporting policies, procedures, logs, notices and other essential documentation can be accessed at www.thelicensingguys.com/training.html#login 1. DPS Staff Authorisation Sheet

14. Litter Check Log

2. Staff Training Record

15. Event Management Plan Template

3. Police/Council Visits Book

16. Measures Notice

4. Food Safety Checklist

17. Age Verification (Challenge 25 Poster) Policy

5. Controlled Drugs Policy

18. Challenge 25 Poster

6. Searching, Seizure & Retention Log 7. Dispersal Policy

19. Refusals Log 20. Deliveries Log

8. SIA Door Supervision Log

21. Appliances Check Log

9. CCTV in Operation Poster

22. Sobriety Test Poster

10. CCTV Log

23. Ask for Angela Poster

11. Incident Log

24. Ask for Clive Poster

12. Noise Monitoring Log

25. Immigration – Employer’s Checklist

13. Please Leave Quietly Poster

Speedy Justice For All?

Better Call Paul!

Our advice is ALWAYS free.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

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Useful Links & Contact Information The Licensing Guys

Information Commissioner’s Office

www.thelicensingguys.com

ico.org.uk

Ask for Angela

National Pub Watch

www.areyouok.co.uk/articles/ ask-for-angela

www.nationalpubwatch.org.uk

Ask for Clive

www.nationaltradingstandards.uk

Facebook – Ask for Clive

Security Industry Authority

Association of Convenience Stores

www.acs.org.uk

National Trading Standards

www.sia.homeoffice.gov.uk/Pages /home.aspx

Food Standards Agency

www.food.gov.uk

Didn’t read the small-print?

Better Call Paul!

Our advice is ALWAYS free.

For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys ©

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www.thelicensingguys.com | info@thelicensingguys.com | 01432 373 603 For support or more information Call: 01432 373 603 or email: info@thelicensingguys.com Copyright The Licencing Guys Š

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