LICENCES

Alcohol licences

Under the Licensing Bill 2003, significant changes were made by the government including that it is councils, not the magistrates’ court, who now deal with licences.

A premises licence will be required by pubs, restaurants, businesses offering hot food between 11 pm and 5 am, hotels, guest houses and other places that sell alcohol.

A personal licence will be needed by anyone who allows the sale of alcohol and is valid for ten years. There are various duties on holders of personal licences and the court can cancel your licence if you are convicted of certain offences.

To get a personal licence you must be over 18, not have any relevant criminal convictions as spelt out in the Act, possess an approved licensing qualification and pay the required fee.

The four licensing objectives are:

• 1.Prevention of crime and disorder.
• 2.Prevention of public nuisance.
• 3.Public safety.
• 4.Prevention of harm to children.

Premises licences

A premise licence can be granted either for a one-off event or indefinitely. Applicants have to submit a plan of their building, an operating schedule (a brief description of how the premises will be operated safely) and a fee, expected to be in the region of £500 maximum. Contact your local authority to find out the cost.

Temporary and occasional events

Licences will not be needed for small events where less than 500 people are likely to attend, and the event lasts for less than 72 hours.

Someone with a personal licence will be able to hold up to 50 temporary or occasional events a year at other premises that are not licensed. Non-personal licence holders will be able to hold up to five temporary events a year.

A Temporary Event Notice must be given to the Council before an event of this sort can be held and the police may object to it on crime and disorder grounds.

Contact your district council for guidance on how to obtain a licence and your local trading standards officer for alcohol measurement guidelines.

Public Entertainment Licences

If music, entertainment or dancing are to be held, a Public Entertainment Licence may be required. Contact your Environmental Health Officer who will also give advice on prevention of noise nuisance.

Notification of Accidents

Employers must contact the Environmental Health Office about any fatality, major injury, accident or dangerous occurrence that happens on their premises, under the Reporting of Injuries, Diseases and Occurences Regulations 1995.

Fire Certification

Some types of food businesses require a Fire Certificate. Consult your local Fire Prevention Officer.

MUSIC

As a restaurant critic I receive letters on many aspects of restaurants from disgruntled customers, with music high up on their list of pet hates. Often the music is played, seemingly, for the benefit of the staff: very loud and inappropriate. When I do suggest it might be turned down, I am often looked at with contempt. The message is that I am interrupting their party.

Music can of course enhance the atmosphere of a restaurant, putting people in the mood for a good time as soon as they enter the door. Conversely, it can alienate customers. If they need to shout to have a conversation, clearly this is unacceptable.

If your restaurant’s atmosphere creates hushed tones you may wish to inject some suitable music, but do listen to your customers. Often silence, that rare commodity, is golden. And appreciated in our increasingly noisy society.

If you play recorded music in the restaurant you will need to have a licence from the Performing Rights Society. The tariff applies to performances in the UK of copyright music within the Society’s repertoire at hotels, restaurants, cafes, fast food outlets, banqueting suites, function rooms, boarding houses and guesthouses. Currently, only theatre restaurants, theatre cafes and similar premises are exempt.

Email: musiclicence@prs.co.uk, contact www.prs.co.uk or call (0800) 068 48 28 for advice.

For live music see Licenses above.

SMOKING

There is currently (2004) no legislation banning smoking in restaurants, pubs, cafes and similar establishments as in Ireland, but do keep an eye open for this legislation which is a hot topic in government circles.

Most restaurants operate a smoking and a no smoking area with a ban on cigars and pipes. Others have an outright ban and some allow smoking after a certain time. Some restaurateurs add a notice on the menu for customers to respect others dining near to them in the vague hope that a civil attitude will come to the fore.

There are good air extraction systems available which may remove those noxious fumes that literally get up the noses of non-smokers. The debate is a heated one, with many customers opposed to any smoking on premises. Increasing numbers of customers enquire about smoking before booking and will not book if smoking is allowed. And vice versa.

Staff smoking is a real problem too as they congregate (usually) outside the kitchen door in view of passing trade. This is unacceptable as it gives the wrong impression. Smoking plays real havoc with getting the most out of food and wine as it dulls the palate. If your chefs smoke what does this say about their tasting ability?

Non-smoking staff are passive smokers, a health risk when taking on a restaurant job. Could legislation follow as this is a human rights issue?