Licensing news

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.

You may have seen or been made aware of ‘drink spiking’ and the recent publicity around it. The Government and Police are reviewing the situation and their powers to deal with this type of offence.

You can read more about ‘spiking in this factsheet.

• Spiking: factsheet - GOV.UK (www.gov.uk)

The links below will give you information on new and upcoming changes which may be of interest

• Martyn’ Law Factsheet  - Home Office in the media (blog.gov.uk)
   
• Revised guidance issued under section 182 of Licensing Act 2003 - GOV.UK (www.gov.uk)
   
• Government announces six-month extension to alcohol duty freeze - GOV.UK (www.gov.uk)
   
• Business rates: Revaluation - GOV.UK (www.gov.uk)

Pubwatch meetings

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 will appear on this page once they are arranged.

All premises are encouraged to attend, and although it is called 'Pubwatch' it is open to clubs as well.

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.

• Pubwatch

Regulatory easement made in 2020 in respect of off-sales of alcohol

This was temporary measure which provided automatic extensions to premises licences which only permitted on sales to allow of sales to also take place. In the absence of Covid restrictions this measure has been extended beyond 2022 and will lapse on 30 September 2023. Any premises wishing to continue making of sales after this date but only having on sales permission must apply for variation of their licence.

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 lack of knowledge about what your responsibilities are when it comes to displaying licences or club certificates and authorisation.

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 court appearance, so please spend 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 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 notice stating who has control of these, who is looking after them and knows where they are.

The 'Act' states - You are required to have 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  template has been produced for premises Duty to keep and produce licence and for clubs  Duty to keep and produce certificate 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 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 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 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  DPS Authorisation

The other is for the named staff to sign, confirming they are aware of this and accept responsibility  Authorisation acceptance

The DPS and members of staff should be aware of  Responsibilities of the DPS details of the premises licence and the social and legal obligations and responsibilities relating to the sale of alcohol.

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. 

• Poker in pubs
• Gaming machines in pubs
• Facilitating gambling in pubs and clubs is illegal
• Bingo in pubs and clubs
• Premises licensed to sell alcohol