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Pub watch Online
Erewash Pubwatch schemes at Ilkeston, Long Eaton and Erewash Rural are now online and using the facilities of Pubwatch Online to help these organisations run their pubwatch operations, and to help combat anti-social behaviour by sharing online information amongst it's members. Participants in these schemes will now have instant access to information on individuals that have been banned from all Erewash licensed premises due to violence, threatening behaviour, stealing, drug dealing and taking.Staff from registered premises will now have the power to quickly identify banned individuals and remind them that they are not wanted and not permitted to enter any licensed premises in the area. Banned individuals ignoring a pubwatch ban will find themselves in trouble with the Police and facing possible further action. The pubwatch initiative aims at achieving a safer social drinking environment in all licensed premises throughout the UK.
Please register by visiting Pubwatch Online (opens in a new window), or alternatively contact P.C. Mark Dunn of Derbyshire police on 01332 613254.
Pubwatch Meetings in Erewash
The date and venue of the next meetings of the three Erewash pubwatch schemes are listed below. Please contact the licensing team on 0115907113 if you require any further details of these meetings.
Ilkeston Pubwatch
The next meeting (AGM) is being held at the Dukeries Club on Tuesday 6 March at 10am.
Long Eaton Pubwatch
The next meeting is being held at Brennans at Regent Street, Long Eaton on Wednesday 6 June at 2pm.
Rural Pubwatch
All meetings will be held at the Queens Head, Ockbrook. The next meetings will be held on the following dates - Tuesday the 12 June 2012 at 10am, Tuesday 11 September 2012 at 10am and Tuesday 11 December 2012 at 10am.
Police Reform and Social Responsibility Act 2011
The Police and Social Responsibility Act 2011 is now law. It received Royal assent on 15th September 2011 and many of the measures come into effect on from 25 April 2012. Parts of the Act will be brought in through legislative changes to the Licensing Act 2003 and some will be brought in through changes made to the Section 182 Guidance.
The measures intended for implementation on 25 April 2012 are as follows:
Responsible Authorites
The Licensing Authority will become a Responsible Authority for premises and club premises applications and will have the power to refuse, remove or review a licence without representation from the Police or other responsible authority.
Primary Care Trusts and Local Health Boards will also join the list of Responsible Authorities (Section 104 of the PRSR Act) and will be able to make representations regarding licensing application and apply fo reviews, even though the licensing objectives have not been revised to include health.
Interested Parties
The term 'interested parties' has been replaced by ‘any other person’ meaning that anyone can voice objections regardless of geographic vicinity, however any such objection must relate to one or more of the licensing objectives.
Notification of applications will be the responsibility of the Licensing Authority. The Secretary of State will be required to make changes to the Licensing Act Regulations 2005 requiring the licensing authority to advertise applications 'in a manner which is prescribed and is likely to bring the application to the attention of the persons who are likely to be affected by it'.
At present neither the Act nor the Regulations impose any duty on a licensing authority to advertise an application or to take any steps to notify anyone affected by an application that it has been made; the sole duty to advertise and to give notice is placed on the person making the application.This will change under the proposed reforms, with new regulations requiring a Licensing Authority to advertise the application in a way which ensures that it comes to the attention of everyone in the Licensing Authority’s area whom it may affect.
Determination of applications
'Necessary' has been replaced with 'appropriate' in relation to the steps a licensing authority may take when determining applications / requests for review.
Temporary Event Notices
The Police and Environmental Health Officers will be able to object to TENS where they consider that the proposed activities are likely to undermine a licensing objective.
Conditions may be applied to TENS if the authority considers it appropriate for the promotion of the licensing objectives to do so, providing the conditions are also imposed on a premises licence or club premises certificate that has effect in respect of the same premises, or any part of the same premises, as the temporary event notice, and the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.
Time limits relating to TENS have been relaxed, including the duration of activities which will increase from 96 hours to 168 hours.
Sanctions for persistently selling alcohol to children
The fine for persistent underage sales doubles from £10,000 to £20,000, and the new legislation makes it easier to shut down businesses found to be persistently selling alcohol to those under 18.
The new legislation also increases the period of voluntary closure, as an alternative to a fine, from 48 to 336 hours.
Licence fees
Premises licences and club premises certificates will be suspended on failure to pay the annual licence fee (section 120 of PRSR Act), although exceptions are built in to allow for administrative error, disputes and a 'grace period'.
Subject to ministerial approval, the licensing authority will have the power to set fees on a cost-recovery basis. The costs may also include the costs of acting as other responsible authorities under the Act, e.g. planning authority. However, there will be a consultation on this matter and the minister has indicated that the new fee structure is unlikely to fully take effect until 2013.
Licensing Policies
Licensing Policy Statements will be reviewable every 5 years.
Alcohol Disorder Zones
Alcohol Disorder Zones will be repealed.
Diamond Jubilee Licensing Hours
On 16 March 2012 the Licensing Act 2003 (Diamond Jubilee Licensing Hours) Order came into force in England and Wales. The Order marks the Queen's Diamond Jubilee, by extending the hours during which licensed premises can be used for licensable activities. Premises licensed to sell alcohol up to or after 11pm will be permitted to extend their sales for an additional 2 hours until 1am the following morning on both Friday 1 June and Saturday 2 June 2012, without having to make an application to the licensing authority.
Premises licensed to 11pm will also be able to extend their hours for the following:
The provision of Regulated Entertainment, and
Late Night Refreshment where the premises can also be used for the sale of alcohol on the premises
The latter will mean that restaurants and pubs will be able to serve food until 1am on both days outlined above. Note that these extended hours will not apply to off-licensed premises such as supermarkets, convenience stores or petrol stations. These premises must apply for Temporary Event Notices for any extension of hours.
On-Licece holders wishing to go beyond the extended hours permitted by the Order must apply for a Temporary Event Notice to do so.
Tabacco vending machines
The sale of tobacco products from vending machines was made illegal in England from October 1st 2011. Prohibition of tobacco vending machines was included as part of the Health Act 2009. The act followed a widespread consultation on the future of tobacco control that received over 100,000 (mostly positive) responses.
In June 2011 the Court of Appeal rejected an appeal against the legislation by Sinclair Collins, a subsidiary of Imperial Tobacco. The Court confirmed that: ''the purpose of the ban was to improve public health...in all the circumstances it was not unreasonable or disproportionate for the Secretary of State to conclude that a ban was appropriate and to reject the possibility of a voluntary code''. In July 2011 the Supreme Court stated that it would not hear a further appeal by Sinclair Collins, meaning that implementation would go ahead on 1st October.
What happens after 1 October 2011?
Following 1 October 2011 it is now against the law to sell tobacco products from vending machines in England under any circumstances. The ''person who controls, or is concerned with, the management of the premises'' where a vending machine is located will be guilty of an offence if tobacco products are sold from that machine. Any person found guilty of the offence of selling tobacco from a vending machine will be liable on summary conviction to a fine not exceeding level 4 on the standard scale (currently £2,500). See here (opens in a new window) for the full overview from the ASH website.
Age Verification Policy
On 1 October 2010, the two remaining new mandatory conditions come into force. Further details on these conditions are set out below in 'Mandatory Conditions'. There is also a model age verification policy to download. The premises licence holder or club premises certificate holder must ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. This must as a minimum require individuals who appear to the responsible person to be under the age of 18 years of age to produce on request (before being served alcohol) identification bearing their photograph, date of birth, and a holographic mark. Examples of acceptable ID include photo card driving licences, passports or proof of age cards bearing the PASS hologram, although other forms of ID which meet the criteria laid out above are also acceptable.
The premises licence holder or club premises certificate holder must ensure that staff (in particular staff who are involved in the supply of alcohol) are made aware of the existence and content of the age verification policy applied by the premises. This condition does not exclude best practice schemes such as Challenge 21 or Challenge 25 which require individuals who appear to be under an age which is greater than 18 to provide ID. The condition only applies in situations where the sale takes place face to face. Companies that sell alcohol remotely (e.g. online or by mail order) should operate an age verification policy, but as the transaction takes place remotely the condition does not ordinarily require photo ID to be shown at the point of delivery. As long as age verification has taken place already via another means, these transactions will meet the requirement of the condition
An example Age Verification Policy is available to download.
Mandatory Conditions
From 29th January 2009 for the second offence in three months of selling alcohol to under 18's the Premises Licence Holder can be fined £10,000, a 48 hour closure order issued and the Premises Licenses can be suspended for 3 months.
From 6th April 2010 three new Mandatory Conditions were placed upon Premises Licenses where alcohol is consumed on the premises. 1) No irresponsible alcoholic drinks promotions. 2) Customers must not be allowed to pour alcohol into the mouth of another person, unless for medical reasons. 3) Free tap water must be available on request.
From 1st October two more Mandatory Conditions are added 1) The Premises must have an age verification policy requiring all staff to check ID's. See this Guidance. 2) Single measures of wines and spirits must be made available to customers. Failure to comply with a Mandatory Condition can result in a fine of up £20,000 and or 6 months in prison for the DPS. You can now download the new Mandatory Conditions.
British landlady wins Sky TV satellite case
A British pub landlady has today won her legal battle with the English Premier League over her use of a foreign satellite TV decoder to show live games.Karen Murphy took her case to the European Courts of Justice after she was fined almost £8,000 for showing Premier League football in her pub in Portsmouth via an imported satellite card from Greek broadcaster NOVA, which cost around a tenth of the fee normally charged by Sky.
In February, advocate general Juliane Kokott said in a non-binding 'opinion' that broadcasters such as Sky should not be able to prevent customers from using cheaper foreign satellite TV equipment to watch the Premier League.The ECJ judges have today said in a preliminary ruling that national laws prohibiting the import, sale or use of foreign decoder cards are "contrary to the freedom to provide services and cannot be justified either in light of the objective of protecting intellectual property rights or by the objective of encouraging the public to attend football stadiums".
In 2005, Murphy signed up to receive the Sky Sports packages in her Portsmouth pub, The Red White and Blue, but soon found the subscription fee - around £1,000 - charged by Sky too high to sustain.After switching to the cheaper NOVA service – which cost £118 a month, rather than £480 a month with Sky - enforcers working on behalf of Football Association Premier League Limited (FAPL) - a private firm representing the interests of all 20 English Premier League clubs - prosecuted Murphy on grounds that only Sky could show its games in the UK. She was ordered to pay nearly £8,000 in fines and costs.
In her legal 'opinion' in February, advocate general Kokott said that preventing Murphy from accessing Premier League games from any other broadcaster than Sky was a "serious impairment of the freedom to provide services".The ECJ judges supported the opinion and added that live matches from the Premier League could not be protected by copyright.However, they also said that opening video sequences, the Premier League anthem and any pre-recorded highlights or graphics were "works" and so to show them in a pub would require permission from the Premier League.Murphy's case will now go back to the High Court in London, which had referred the matter to European court, to get a final ruling. See the BHP Law website (opens in a new window) for the latest guidance.
Live Music Bill
The Live Music Bill 2012 received Royal Assent on 8 March 2012. When implemented the Act will change provisions within the Licensing Act 2003 to deregulate live music within premises licensed for the sale of alcohol, and remove facilities for making music. The Live Music Bill will amend Section 177 of the Licensing Act 2003 to relax controls over live music performances in premises licensed for the sale of alcohol. At present live music is covered by the term ''provision of music entertainment'' within section 177 'Dancing and live music in certain small premises'.
The primary outcomes of this change in legislation are that live music will cease to be regulated entertainment in venues licensed for the sale of alcohol for consumption on the premises in the folowing situations:
When it is amplified and takes place between 8.00am and 11.00pm; and
When it is amplified and takes place in the presence of an audience of 200 persons or less between 8.00am and 11.00pm.
Any condition attached to the premises licence relating to live music ceases to have effect in repect to live music, unless the licensing authority through a licensing review Hearing states otherwise. Therefore no conditions are in place until a licensing panel is convinced that they are required as part of a review brought to them. This latter provision was not included in the original Members Bill presented by Lord Clement Jones. If live music is performed in premises which are not licensed for the sale of alcohol, the Bill provides that it will not be Regulated Entertainment if it is unamplified and takes place between 8.00am and 11.00pm. Amplified live music in such premises will still require a premises licence or a Temporary Event Notice.
In addition the Bill removes the provision of facilities for making music and dancing from the definition of 'regulated entertainment'. This would mean that providing a dance floor would now be exempt, as would provoding a piano for guests to play.
The exact timing of the introduction of the provision is not yet known but what is known is that there is a desire to have the legislation in place prior to the Queen's Jubilee celebrations and the Olympics, though it is more likely to be October 2012.
Deregulation of Regulated Entertainment
On Saturday 10 September 2011 the Government issued a wide-ranging consultation proposing to deregulate entertainment. The general proposal is to remove certain types of regulated entertainment from Schedule 1 of the Licensing Act 2003 (which currently lists those types of entertainment which need to be regulated). The consultation is wide ranging and includes live music, plays, performance of dance, films, indoor sporting events, recorded music and entertainment facilities, subject to audience sizes of no more than 5,000. Boxing and wrestling is specifically excluded from the consultation.
Some of the examples given by John Penrose, the Tourism Minister, of activities which, in future, may fall outside the 'costly and bureaucratic' licensing process are given:
- Private events where a charge is made to raise money for charity
- School plays and productions
- Children's films shown to toddler groups
- Music performances to hospital patients
- Brass bands playing in the local park
- Exhibitions of dancing by pupils at school fetes
- Pianists in restaurants
Even performances by quayside barber shops quartets
However the proposals are clearly wider than the above, and would effectively de-licence regulated entertainment in most pubs, restaurants and night clubs. Conditions attached to existing licences would remain in force unless removed by the holder with an application to the Licensing Authority.
The consultation document makes clear that the Government will continue to support Lord Clement-Jones' Live Music Bill, which does not form part of the consultation.
Dealing with alcohol related problems
The practical guide to preventing and dealing with alcohol related problems is designed as a reference and source of help for residents, community groups, enforcement officers, licensing practitioners and all who have an interest in alcohol licensing. See the Home Office Guidance (opens in a new window).
Current Licensing applications
For all new premises licence applications and variations under the Licensing Act 2003 in the Borough of Erewash please see our Current Applications page.
For information on premises licence transfers and Variations to the Designated Premises Supervisor in 2011, please see our Public Register.
Licensed Premises and Litter
Concerns have been raised regarding the level of discarded litter including smoking-related litter such as cigarette ends, cigars and like products within the Borough and in particular the level of litter in the town centres where there are a higher number of licensed premises. Whilst it is by no means assumed that the licensing trade is entirely responsible for the litter in the town centres but an accumulation of cigarette ends outside a pub or club or food/drink packaging outside takeaway premises could be seen as sufficient evidence to link the litter directly to a particular licensed premise.
We are therefore seeking the licensing trades' co-operation in combating this issue and hope that wherever possible you would assist by providing cigarette and litter bins outside your premises for your customers. The cumulative effects of litter in the vicinity of premises carrying on licensable activities can cause public nuisance and your Premises Licence may already contain enforceable conditions relating to your responsibilities so please check your licence as you may already be legally required to monitor the situation or provide litter bins.
Under Section 87 of the Environmental Protection 1990 it is an offence to throw down, drop or otherwise deposit and then leave litter in a public place. Authorised officers of the Council have powers to issue fixed penalty notices of £75.00 to anyone observed committing an offence of littering.
Guidance on gambling on licensed premises
The Gambling Act 2005 has made many changes to the legislation regarding gambling on licensed premises. This will affect the playing of popular games such as Poker and bingo on alcohol-licensed premises. Under certain circumstances gambling may still be permitted, but only for certain stakes and prizes. Please click on the links provided below to download a guidance documents from the Gambling Commission for gambling on licensed premises.
Alcohol pricing proposals agreed
The Home Office has announced plans to ban retailers from selling alcohol below the rate of duty + VAT, but trade groups and Alcohol Concern say the plans do not go far enough. Nevertheless this is seen as an important first step in delivering the Government's commitment to ban the sale of alcohol at below cost. As part of the considerations about how to deliver a ban on below cost sales, the Home Office carried out a review of alcohol pricing over the summer. The review of pricing and associated research reports not only shows the complex nature of this issue but also demonstrates a link between a rise in the price of alcohol and a reduction in alcohol harm.
Please see the Home Office Reports (opens in a new window).
Review of alcohol taxation
The programme for Government has outlined the intention to review alcohol taxation to tackle problem drinking without unfairly penalising responsible drinkers, pubs and important local industries. 'There are a number of measures that can be considered to help address the harms associated with problem drinking, and the Government recognises that in some areas taxation can play a role.
A change to the definition of cider has already been made to increase the duty on cheap, strong ciders strongly associated with public health concerns. To complement this change, the Government intends to introduce a new additional duty on beers over 7.5% ABV in strength. This will help to address the consumption of cheap, "super strength" lagers that are also associated with high, and dangerous, levels of alcohol consumption'.
Details of the alcohol tax review have now been published. Download a copy of the Review of alcohol taxation (opens in a new window).
