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Licensing Latest

There’s lots happening here, but there are two major developments we want to share with you.

1: A Simplified and Cheaper Variation Procedure On 29 July 2009 the new ‘minor variations procedure’ came into law. This procedure is a lot cheaper, easier and quicker than the current variation procedure. It can be used to:

• Authorise minor changes to the structure or layout of your premises.

• Make small adjustments to licensing hours (there are some restrictions if you wish to use the procedure to amend the hours for alcohol).

• Remove out-of-date or unenforceable conditions. The cost is £89, as opposed to the variation fee which is based on the rateable value of your property. There is no need to advertise notice in a local newspaper, but you do need to display a ‘white’ notice for 10 working days outside your property where it can be read by the public.

Local authority and licensing The Local Authority has 15 working days to determine your application. If they fail to do so they have to return your fee and you have to start again. The Local Authority can only grant the application if they consider it will not adversely affect the promotion of the licensing objectives. If they do, they will refuse your application and you will have to apply for a full variation of your licence/certificate. If objections are received there is no hearing. It remains a matter for the Local Authority to assess whether the licensing objectives are adversely affected.

2: Policing and Crime Bill If the provisions of this Bill come into force then you will see more conditions attached to your licence/certificate.

The Bill proposes two types of conditions:

• Mandatory – which will be automatically imposed on all or certain types of licences/certificates by the Secretary of State. No warning; no need for a hearing: you will just be asked to return your licence/certificate for amendment.

• Local – these will be conditions which the Local Authority has the discretion to impose upon two or more premises. And as for the conditions proposed?

Mandatory means:

• Banning irresponsible promotions.

• Banning ‘Tequila’ type dispensers by staff.

• Ensure small measures available.

• Free tap water.

• Displaying unit content of alcohol.

‘Local’ means:

• Restriction upon ‘happy hours’ and discounting.

• Requirement to carry out risk assessments.

• Timed glass collections with possible ban on glassware at certain times.

• Ban on leaving premises with unsealed containers.

• Timed toilet checks.

• Entry searches.

• Incident books.

• Dispersal policies.

• CCTV.

• Direct line to taxi firm.

• Display information for public transport and taxis.

• Text or radio pagers.

• Challenge 21.

So be warned: If the Bill comes into force it is likely to happen at the end of 2009 or the beginning of 2010.

Gaming update

Just in case you hadn’t noticed, this summer the government increased the stake and prize limits on certain gaming machines. Here’s the latest.

For Category C machines, the maximum stake limit increased to £1 and the maximum prize to £70. For Category D machines, the maximum stake and prize increase depends on the type of machine. Why the increase in the C and D machines? It was designed primarily to assist the ailing arcade industry.

The Category D machine increases are as follows:

• Crane Grab Machines (with no cash stake and prizes) –maximum stake is now £1 and the maximum prize is £50.

• Crane Grab Machines (with cash stake and prizes) – thestake remains at 10p and the maximum prize £5 cash.

• For mixed cash/non-cash Category D machines – the maximum stake and prize remain the same at 30p and £8 with a non-monetary prize.

• For coin pushers, only the maximum prize was increased up to £15. This maximum prize can include up to £8 maxi mum of cash.

• There are no changes generally to money prize machines,for instance, the Category D AWPs where the stake remains at a maximum of 10p, cash prize £5.

If your gaming machine stake and prizes have not increasedthen do get in touch with your machine suppliers.

Category B4 remains static The limits on the Category B4 machines, the jackpot machines predominantly in clubs, have not increased.

Under 18s? Recently, we have seen age identification procedures called into question after an East London Council used under 18s to try to play on gaming machines, which resulted in a relatively high number of failures.

For those of you with a premises licence, the Police, Gambling Commission Enforcement Officers and Local Authority Licensing Officers have the right of entry to inspect and conduct underage testing operations. Only the Police and the Commission have the right of entry into premises benefitting from a club premises certificate.

Children exemptions Children are allowed to play on Category D gaming machines – cranes and pushers – but not on Category C or B4 jackpot gaming machines.

£5,000 fine – or imprisonment It is an offence if a person invites, causes or permits under-18- year-olds to play on a Category C or B4 gaming machine. The maximum penalty is a £5,000 fine and/or 51 weeks imprisonment. Your premises licence/certificate could also be reviewed. There is a defence if a person, charged for inviting, causing or permitting under-18-year-olds to gamble, has taken all reasonable steps to determine the individual’s age and that they reasonably believed that the individual was not under 18.

Age identification You should ensure that your age identification procedures are strictly observed in relation to gaming machines, as they are in relation to the supply of alcohol. Good due diligence includes positioning the machines so they can be supervised at all times and monitored by CCTV. It is common practice to position the machines in and around the bar. Ensure you train all staff to ask the age of individuals playing on gaming machines and position clear signs near machines that under-18-year-olds are not permitted to play. You should also ensure that your members are aware too.

Staff training

Keep records of all staff training and you could enter incidents where you ask for individuals’ ages and the results in a log.