National Certificate for Licensees
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Review of "National Certificate for Licensees"
BIIAB Level 2 National Certificate for Licensees (On & Off)
The licensed trade has always been one of the professions most subject to legislation. When we consider the increased number and variety of activities which take place in on-licensed premises today – and that legislation had been introduced to cover almost all of them – it quickly becomes clear that modern licensees have to operate within a much more complex set of guidelines than their predecessors did.
In the past licensees more or less paid lip service to the existence of the Licensing Act, Weights and Measures Legislation, Employment Rules etc. Today they are routinely questioned as part of licensing procedures and have to demonstrate their knowledge and understanding of relevant legislation and of their social responsibilities.
It is important that those entering the licensed retail sector are aware of the framework of the law that surrounds their occupation, and the sense of responsibility the public expect them to exercise in managing their premises. The establishment of a common standard covering both the law and those responsibilities acts as a benchmark for Licensing Justices, adds to the status of licensees and serves to enhance the welfare of customers.
The reason I decided to do this course is due to my parents owning a Hotel, which requires a Licensee, it always looks better if you have 2 Licensees on your property.
You can do a one day course where you sit your exam the same day. Or you can do a 2 day course, where you will learn on the first day, and the exam will be held the following week.
The Course is suitable for newcomers and also existing License holders. While there are no formal entry requirements, students would obviously find the course interesting and stimulating if they are wishing to enter the licensed retail sector or related sectors of the industry. For students who already posses the necessary knowledge, it is possible to attend the examination only.
**THE NATIONAL CERTIFICATE FOR LICENSEES**
BIIAB Level 2 National Certificate for Licensees (On – Licence) and (Off – Licence)
(Part IV Licences) is awarded to those who pass an examination covering basic licensing law and the social responsibilities of licensees relevant to each class of licence.
The learning out comes on which each of the three examinations are based cover topics which a wide body of opinion, ranging from government departments, the Magistrates’ Association, the Justices’ Clerks’ Society, the police and industry itself, feels potential licensees ought to know on entering the licensed retail sector.
In part one, you learn all about the Licensing Laws, which is broken up into sections.
Justices’ Licences –
The retail sale of intoxicating drinks can not be undertaken with out a licence. Such a licence is called a Justices’ Licence. Justices’ Licences are granted by Licensing Committees. Who meet not less than five times a year, which is held at the local Magistrates Court the main meeting is held in the first fortnight in February, which is called the General Annual Licensing Meeting, also know as the Brewster Sessions. Other Committee meetings are known as Transfer Sessions.
There are two main types, which are an On-Licence and an Off-Licence.
An On-Licence authorizes the person to whom it is granted to sell intoxicating drinks for consumption either on or off the named premises. This licence is mainly granted for public houses, some hotels, bars, and night clubs. This is the Licence I have.
An Off-Licence authorizes the person to whom it is granted to sell intoxicating drinks from named premises, but for consumption away from the premises.
There are also types of On-Licence known as (Part IV Licences) which are required to serve alcoholic beverages in a restaurant or hotel. Which are known as a Restaurant Licence, and Residential Licence.
A Justices’ Licence is granted for Three years.
You learn how to apply for a new Licence, provisional grant of a new Licence, persons disqualified from applying for a licence, which are:
- A Sheriff’s officer or officer executing the legal process of any court.
- A person convicted of forging a Justices’ Licence or knowingly making use of such a forgery.
- A person who, while holding a Justices’ Licence, is convicted of permitting licensed premises to be used as a brothel.
Premises disqualified from being licensed:
- Premises situated on motorways or major trunk roads for example service areas.
- Premises primarily used as petrol stations or garages. This was introduced in 1988 which did not affect these which were already licensed.
Renewal of an exciting Licence, how to transfer your licence from one person to another, how to make alterations to an existing licensed premises, revocation of a Licence, occasional licenses, and procedure for making applications.
**LIABILITIES OF THE LICENSEE**
The excessive consumption of intoxicating drinks can seriously affect the health and wellbeing of individuals and result in anti-social behaviors. For these reasons their sale is controlled by law. As a consequence, many legal duties and responsibilities are placed on the holder of the Justices’ Licence. We are also responsible for the acts of our employees.
Intoxicating liquor may only be sold and consumed in on-licensed premises during certain times of the day. As many of you will know?
In England & Wales these are:
Monday – Saturday: 11am – 11pm
Sunday and Good Friday: 12 noon – 10.30pm
Christmas Day: 12 noon – 3pm then 7pm – 10.30pm
At the end of the permitted hours, 20 minutes are given for drinking up time, which is allowed for customers to consume the intoxicating liquor they have already purchased. If the drinks are with a meal then you are allowed 30 minutes drinking up time. If I as a Licensee which to close during the afternoon, then drinking up time is at my discretion. As many will know, no alcohol can be sold during drinking up time.
The penalty for serving drinks outside permitted hours is a fine not exceeding £1,000 and or revocation of your licence.
You can also apply for various Licences to extend your hours. But with me, I do not have permitted hours; you can drink 24 hours every day. There is the time where I will close early if there’s only a few drinking or the one’s that take 2 hours to drink a pint.
**AGE – YOUNG PERSONS**
Here I am going to shock a few of you, did you know a 5 year old is allowed to consume intoxicating liquor? As long as it’s not in the bar area, and they didn’t purchase it. In fact that applies to the age range of 5 – 13.
14 – 16 year olds can be in a bar and consume alcohol as long as it’s with a meal, but they can not purchase the drinks.
16 – 18 year olds can in fact purchase alcohol, but are only allowed to purchase Beer, Porter, Cider or Perry, for consumption with a meal. But are not allowed to purchase or consume in a bar.
The rules for children under 14 in a bar:
Children are not allowed in a bar during permitted hours unless they are the children of the licensee, even though I can have Jordon in the bar I wouldn’t, I feel that a bar is not for children. Also if they are a resident in the public house or they need to use the toilet and must go though the bar to get there, also if you have a Children’s Certificate, which the child must be with an adult but not after 9pm.
**RIGHTS OF ENTRY / THE RIGHT TO EJECT**
Who has the right of entry? Police officers and Customs and Excise officers.
We have a legal duty not to permit drunken, violent, and quarrelsome or disorderly conduct to take place on the premises, or to allow prostitutes to solicit. If you do permit then you can face a fine not exceeding £1,000.
**THE DUTY TO REFUSE SERVICE / ENTRY**
You can not sell food or drinks to a police officer who is on duty, or offer them food or drinks as a gift. You also must refuse to serve a drunken person.
If I sold alcohol to a person that was drunk the penalties would be a fine not exceeding £1,000. Serving a police office there would be a fine not exceeding £500.
A Licensee has total discretion over who is allowed to enter the premises.
**BETTING, GAMING AND LOTTERIES**
You also learn the law on betting, gaming and lotteries.
All betting is illegal in licensed premises; the passing of betting slips and even dealing with pools coupons is illegal. Writing out pools coupons or betting slips is not in itself illegal – the law is broken when the slip is given to someone else, or when the licensee’s telephone (not the public telephone) is used to place bets.
It is also illegal to allow a “bookie’s runner” to operate from the premises, this includes the pools collector.
Since 1970 the Licensing Justices have had jurisdiction over gaming on licensed premises. Games of skill that are allowed on licensed premises are billiards, skittles, darts and shove a’ penny. Permissible games of chance are Dominoes and Cribbage; these may be played for reasonable stakes meaning very small amounts.
Gaming machines are licensed by permit for three years, with an annual licence fee paid to Customs and Excise for each machine.
The machines allowed are known as (AWP) Amusements with Prizes and are limited to a cash payout of £15.
The penalty for offences relating to gaming machines may be a fine of up to £5,000.
Lotteries on licensed premises fall in to tree types:
Small lotteries: that are incidental to entertainment such as functions, dinners, dances, sporting events etc, where the lottery is not the main reason for attendance, are permissible providing that no prize can be money, a maximum of £250 can be spent on the prize, and the proceeds must not be for private gain.
Private lotteries: promoted and confined ton members of a club.
Society’s lotteries: which requires a registration with the Local Authority, if they are conducted for charitable purposes, they are for fund raising, and there is no private or commercial gain.
The National Lottery: This is not subject to the lottery law, but Camelot PLC has not yet allowed it.
The Licensing Act 1988 does not require an Entertainment Licence, when you have recorded sound, television, radio, juke box. But if people want to dance to the music then you will have to obtain an Entertainment Licence, you also require this Licence if you wish to have a Karaoke machine.
The Copyright Act 1956 states that no recorded music or material may be performed without the permission of the owner of the copyright; this permission is granted on the form of a Licence.
If a Licensee wishes to run a disco or play music in on-licensed premises, then you need to obtain a Licence from PPL Phonographic Performance LTD. In the case that you have hired a juke box, music system or DJ’s then this licence should be dealt with by the supplier of the entertainment.
A licence is needed for the copyright of music content of Video tapes, which you get from VPL, Video Performance LTD.
A Cinematographic Act 1982 states that where film or video shows including video karaoke and video juke boxes are given in a public house, a Cinematographic Licence must be obtained.
**WEIGHTS AND MEASURES**
I won’t go into to much detail here but. The Weights and Measures Act 1988 states that draught Beer and Cider must be sold in measures of a 1/3 a ½ pint or multiples thereof.
Whiskey, Gin, Vodka and Rum must be sold in measures of 25ml or multiples thereof; an optional 35ml measure is permitted.
Wine by the glass must be sold in measures of 125ml or 175ml.
Credit, it is illegal to give credit for intoxicating drinks to be consumed on on-licensed premises. Therefore an account, slate, tick is illegal. If you have a meal with drinks then you can pay after you have finished your meal. You also learn which notices are to be displayed, such as the name of the licensee and details of the licences held.
Alcohol is a drug, which is more addictive and kills more people than heroin fact. When consumed it is absorbed into the blood and affects all parts of the body.
BAC, Blood Alcohol Concentration. The blood alcohol content is measured in milligrams of alcohol in milliliters of blood.
80 mg alcohol in 100 ml of blood is the limit, above which it is an offence to drive.
The above measure is the same as 35 micrograms in 100 ml of breath which is used in breathalyzers.
It takes the body approximately one hour to remove one unit of alcohol from the system, some is lost through the lungs and in the urine but most is removed by the liver. A person gets drunk because they drink faster than the body can handle.
Here are some examples of the strength of intoxicating drinks:
Whiskey 40%, which most sprits are around 40%? Wines can vary from 8% to 16% abv. Beer can range from 3% to 9% abv, and Ciders can range from 3% to 8.5% abv.
Alcohol free must contain no more than 0.5% abv, and low alcohol no more than 1.2% abv.
One pint (568ml) of beer at 4% abv = 2.27 units
125 ml of wine at 12% abv = 1.5 units
A unit is 8 grams or 10 milliliters of alcohol. Half a pint of beer of strength 3.6% abv contains 8 grams, hence one unit.
One 25ml of whisky of strength 40% abv also contains 8 grams, therefore in alcohol intake terms of half a pint of beer is equivalent to one measure of whiskey.
You also need to learn about drinking and driving, the prevention of and dealing with violence, Proof of age, Drugs, Door staff, and Pub watch. Pub watch is a crime prevention scheme on similar lines to neighborhood watch. The purpose is to warn each other of disorder or violence so that entry can be denied or said persons to be monitored.
On the exam it is made in to 3 parts.
Part One: Are 10 questions, which you have to get all right, even if you get 9/10 you will still fail, you must get 10/10.
Part Two: Are 20 questions, you must get a minimum of 14 correct.
Part Three: Are also 20 questions, you must also get a minimum of 14 correct.
In total there are 50 questions and to pass 38 must be correct.
If you take the one day course you will know on that day to whether or not you passed.
Upon passing the exam you will then have a meeting if you like with the Police, where they will run a Police check, and also want to know where you live, who you live with and where you have previously lived. They will also ask you a few questions from what you have learnt. One of the questions I was asked was who can you are not allowed serve. I said your lot on duty, thankfully she laughed, and also all about the age limit. She also asked what form of ID you can accept as proof of age.
**OBTAINING THE LICENCE**
Before a potential licensee gets to court, he/she will be interviewed by the Police, who will examine any past record to determine if they are a fit and proper person to hold a licence.
If the Police have no objections, the candidate will then go before the Licensing Committee and will have to satisfy the Justices that: he/she is a fit and proper person to hold such a licence.
A person applying for a new licence needs to inform the proper Local Authority and Chief Fire Officer in addition to the Police and the Licensing Justices
There are normally three Licensing Justices sitting at the heard of the court room, but there can be up to seven. In front of them sit the Clerks to the Licensing Committee. The solicitors representing the people who are to appear before the Committee. Also members of the Police, Fire Service, and the Environmental Health Department. Seating is also available for the public to watch.
Applicants need not use a solicitor, but unless you are experienced in legal matters it is wise to do so. Always remember that first impressions count. Dress smart, it has been known that people have been turned down for wearing jeans and t-shirts.
I hope this has been an interesting read. I have tried to include as much about the course without going on to much, and you finding it a boring one.
As always thanks for reading
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Listed on Ciao since: 18/10/2004