This page is designed to give those involved in the licensing trade and members of the public the latest updates on licensing legislation and best practice.
Reopening premises post 19 JULY 2021
July Update for Businesses
Please note it is very important that premises continue to follow the guidance to keep your staff and customers safe.
The guidance shown below is easy to follow, however if you do have any questions please contact the licensing section firstname.lastname@example.org
Keep Up to Date
The guidance on Coronavirus is changing regularly. You should regularly review your risk assessments and stay up to date by visiting the Gov.uk website.
There are two active pub watches in Runnymede; one covering Egham and the north of the borough, the other Addlestone and the south.
The date and venue of the next pubwatch meetings are shown below.
Egham and district - A meeting will take place outdoors at The Red Lion Egham - 10am on Wed 25 August 2021
Chertsey and Addlestone - A meeting will take place outdoors at The Black Prince, New Haw - 10am on Wed 1 Sept 2021
All premises are encouraged to attend, and although it is called 'pubwatch' it is open to clubs as well.
For a number of premises this is a condition of their licence so they must attend.
For premises licence holders and club certificate holders, attendance at pubwatch will help you keep up to date with licensing legislation and local crime concerns. This will assist you in protecting your customers and staff by helping to promote the licensing objectives, these are:
- The prevention of Crime and Disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm.
If you want to know more about pubwatch the national pubwatch website provides addition information.
Online Licensing Applications via Gov.uk
Due to payment facility upgrades the online application process is currently out of action, please use the Licensing forms till further notice and submit either by post or email, to pay for your application call 01932 425711 during normal office hours.
Councils are changing the way they accept payments by introducing online payment, this involves bring a new payment system
Business and Planning Act 2020
Runnymede's policy on pavement licensing was approved on 23 July 2020 and the application form is now on our web pages.
The Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021, extended pavement licence provisions to 30 September 2022.
Authorities must have regard to the needs of disabled people when considering whether to grant a pavement licence.
Licence holders must make reasonable provision for outside seating where smoking is not permitted.
Local authorities can delegate decisions about pavement licences to sub-committees or to officials (it is not responsibility of authority's executive).
Secretary of State may specify conditions but they now have to be by Regulations laid before Parliament which can reject them by resolution (and not simply published by SoS as before).
Limits off-sales extensions to 11pm at the latest
Any new permissions for off-sales do not apply to times when the premises licence does not allow sales of alcohol for consumption in outdoor areas of the premises.
COMMENCEMENT & DURATION
Any extension to the provisions by Secretary of State can be made only when it is reasonable, necessary or appropriate for a purpose linked to the coronavirus pandemic.
Guidance for temporary alcohol licensing provisions and pavement licences in the Business and Planning Act.
The Business and Planning Act 2020 received Royal Accent on 22 July 2020 and is effective with immediate effect. The information below provides some very useful guidance along with 'Questions and Answers'.
This guidance relates to the alcohol licensing provisions in the Business and Planning Act 2020 only.
This guidance relates to the pavement licensing provisions in the Business and Planning Act 2020 only.
This guidance is separate to the guidance issued on working safely during coronavirus (COVID-19) issued by the Department for Business, Energy and Industrial Strategy and the Department for Digital, Culture, Media and Sport.
It includes information on:
- the purpose of the temporary off-sales extension
- the difference between pavement licences and alcohol licence
- the new summary off-sales review process
- general advice on conducting off-sales
The Law - Statutory Notices
It is in everyone's interest to comply with licensing law and both the police and the council are finding there is a lack of knowledge about what your responsibilities are when it comes to displaying licences or club certificates and authorisation.
In particular both Displaying the premises licence summary or club certificate and Displaying your notice of Duty to Keep and Produce the Premises Licence or club certificate are requirements (under section 57 and 94 respectively) of the Licensing Act 2003 (the 'Act'). If you do not comply you may be prosecuted and the fine can be up to £500 for each.
By following the simple steps below you can save yourself time and worry, as well as the risk of a court appearance, so please spend a few moments to ensure you are complying with the law.
Displaying the premises licence summary or club certificate
The 'Act' states you must have all pages of the summary (or certified copy of it) prominently displayed. The best practice is to display it where it can be read easily by the public and police/council officers. It must be all pages of the summary, not just the front page, and it must be readable.
We would recommend framing each page and securing them to a wall to protect the summary from mishandling or theft.
Displaying your notice of duty to keep and produce the premises licence or club certificate
As well as displaying the premises licence or club certificate you must also keep the original or certified copy on the premises and display a notice stating who has control of these, i.e. who is looking after them and knows where they are.
The 'Act' states - You are required to have a notice prominently displayed stating who has custody or control of the actual premises licence or club certificate. The premises licence or club certificate (or certified copy of it) must be on the property and it must be produced on request. Do not confuse this with the above-mentioned summary, which will be one or two pages. The complete premises licence or club certificate licence can run to five or six pages depending on your conditions.
To help you comply with the law and display this notice a template has been produced for premisesand for clubs but you can use your own of course.
Authorising alcohol sales
All premises selling or supplying alcohol (except for members clubs and certain community premises) must have a Designated Premises Supervisor (DPS) who will be named on the premises licence. The DPS is responsible for authorising alcohol sales.
There are likely times when the DPS will not be on the premises when alcohol is being sold. For that reason we strongly suggest the DPS authorises, in writing, members of staff to sell alcohol in their absence. (note: if a personal licence holder is available at times when the DPS absent they would be able to authorise persons to sell alcohol, however to minimise the risk of unlawful sales best practice is to have a list of people authorised by the DPS.)
We have produced two forms you can complete:
One is for the DPS to complete and sign authorising named members of staff to sell or supply alcohol
The other is for the named staff to sign, confirming they are aware of this and accept responsibility
The DPS and members of staff should be aware of, details of the premises licence and the social and legal obligations and responsibilities relating to the sale of alcohol.
Entitlement to work in the United Kingdom; how Licensing Act 2003 amendments affect business owners and operators of licensed premises.
The Immigration Act 2016 came into force on 6 April 2017 and contains many notable sections affecting the Licensing Act 2003. Its general purpose is to make it more difficult to live and work illegally in the United Kingdom. Please read the attached information.
Online right-to-work checking service
If you are applying for a personal licence, premises licence or to transfer a premises licence you must show you have a right to work in the UK.
As part of its effort to support those who conduct right to work checks, including employers and licensing authorities, the Home Office developed the online right-to-work checking service, which makes checks simpler and more secure.
The service enables UK employers and licensing authorities to check the current right to work, in real time, of a person who holds either a biometric residence permit, a biometric residence card, or who holds online immigration status issued under the EU settlement scheme, and to see whether they are subject to any restrictions.
It does this by linking to Home Office data.
The system works on the basis of the individual first viewing their own Home Office right-to-work record.
They may then share this with an employer or licensing authority if they wish, by providing the 'share code' issued to them by the online service.
By entering the code and the applicant's date of birth, the employer or licensing authority will be able to access the individual's current right-to-work details. This includes the date of expiry, if the individual's right to work is time-limited, and any work-related conditions.
Current licensing applications
For all new premises licence applications and variations under the Licensing Act 2003 in Runnymede please see our Current licensing applications.
Guidance on gambling on licensed premises
The Gambling Act 2005 made changes to the legislation regarding gambling in licensed premises. This will affect the playing of popular games such as poker and bingo. Under certain circumstances gambling may still be permitted, but only for certain stakes and prizes. The Gambling Commission has produced some helpful guidance.