Sheffield LicenceWatch

There are several offences which licensees and their staff should be made well aware of. Remember, under vicarious liability, the licensee does not necessarily have to be present to commit these offences.

A Licensee or his/her servant shall not: -

Sell or knowingly allow the sale of alcohol to a person under the age of 18 years.

Knowingly allow any person under the age of 18 years to consume alcohol in a bar.

Knowingly delivering or allowing the delivery to a person under 18 years of alcohol sold in licensed premises for consumption off the premises.

A recent addition to the common list of offences, under the The Licensing (Young Persons) Act 2000. Makes it an offence for anyone to buy or attempt to buy alcohol in licensed premises for a person under 18 years of age.

The holder of a justice's license may refuse to admit, or expel from the premises any person who is drunk, quarrelsome, disorderly or whose presence would subject him to penalty.

Any person who fails or refuses to leave the premises when required to do so commits an offence.

A Constable, when requested to do so, will help expel any of these people.

In brief, you have a right to eject and the Police have a duty to help you expel them. If you have problems with a customer and he refuses to leave, it is best to call us without delay. Remember, their continued presence may mean that you commit an offence.

In order to supervise premises, the Police have a right to enter the premises. They may

Enter at any time when the premises are open
Enter at any time if they think that an offence is being committed
Enter within half an hour of the end of licensing hours

N.B. It is an offence to fail to admit a constable who demands entry.

You may be aware that you are responsible for the actions of your staff. But did you know that you are responsible for their actions whether or not you are on the premises?

You could find that you have committed an offence when it is your night off. For instance if you have not instructed your staff properly in who they may serve and when. Staff training should therefore be considered a priority.

Each new member of staff should receive training upon their appointment. All staff should have regular refresher training and be updated as and when any new legislation comes into force.

A pub should be a welcoming and pleasant place to visit, this will then promote good trade. A pub, in which there is constant arguing, fighting or trouble, keeps customers away. Profits will be reduced and police attendance will be the likely result.

You have powers to deal with these people, if you find yourself in a situation where you need assistance we are available at the end of a phone 24 hours a day to help you.

Remember your customers do not have to put up with bad behaviour and neither do you.

This law is based on the Inebriates Act of 1898, and enables the courts to declare a person who has been convicted of 3 or more drink related offences in public places, within a period of 12 months or less, to be classified as 'an habitual drunkard.'

Further more, the Licensing Act of 1902 bans anyone who has been declared 'an habitual drunkard' from purchasing alcohol for a period of 3 years from the date of last conviction.

It is also an offence by virtue of Section 6(2) of the Licensing Act of 1902 to sell, supply or distribute intoxicating liquor for a period of three years to any person declared by the courts to be a habitual drunkard.

The holder of a justices license shall not permit drunkenness or any violent, quarrelsome or riotous conduct to take place on the premises. Neither shall (s)he allow the sale of intoxicants to a drunken person.


 

 

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