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Display of Licences and Embedded
Conditions
7th February 2007
Most of you will have now received your Council premises
licence or your club premises certificate. Some Councils
have been more dilatory than others in this respect. Common
practical problems coming to light include:
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Premises licence and club premises
certificate summaries not being displayed and not available
for inspection. In Westminster, the Licensing Inspectors
are also suggesting that where the Rules of Management
for places of entertainment previously applied, two
copies of the Premises Licence Summary need to be displayed,
one outside the premises and one inside. In such cases,
a copy of the Rules of Management should also be available
for inspection with the licence.
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Premises not applying for a variation
of the premises licence when the Designated Premises
Supervisor ("DPS") leaves. It is not a requirement
for the DPS to be present at the premises at all times
although a clear letter of delegation should be displayed
with the premises licence summary. However, as soon
as a DPS leaves, a variation must be submitted immediately,
failing which, the sale of alcohol is unlawful. Those
that hold a club premises certificate are exempt from
having a DPS.
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Changes to plans - it seems there
is no exception if the change is minor whereby only
an increase in drinking area and changing the means
of escape required consent previously. Under the new
regime, any change to the plans now requires approval.
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Some Councils are still insisting
that drinking up time is a restriction carried over
from the old legislation. However, a Memorandum issued
by the Department of Culture, Media and Sport suggests
that this is not the case. However, premises which do
not control consumption of alcohol in a controlled manner
are likely to face a review of the licence.
© Davenport Lyons 2007. All rights reserved.
This document reflects the law and practice as at February
2007. It is general in nature, and does not purport in
any way to be comprehensive or a substitute for specialist
legal advice in individual circumstances.
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