Licensing news feed
Taxi and alcohol licensing - test
purchases
30 | 01 | 12
On 27th January 2012, the High
Court confirmed the legality of "test purchase" operations in a
case involving an unlicensed taxi.
The High Court found that the East
Riding of Yorkshire Council had not "entrapped" the
defendant, a Mr Dearlove by booking a journey in his vehicle.
Mr Dearlove had placed an advert in a monthly free newspaper
stating "Chauffeur Driven BMW, VIP, Executive, Corporate, Business
Travel, Airport Connections, Male/Female Chauffeurs".
The council had already told Mr
Dearlove that he was not licensed to do what he was advertising and
had warned him that a test purchase might be carried out. The
council then telephoned Mr Dearlove, booked a journey and enquired
whether alcohol would be available during the journey. The journey
was completed and Mr Dearlove accepted payment. The council
prosecuted Mr Dearlove for driving, operating and using a private
hire vehicle without a licence in a controlled district and
carrying on a licensable activity by selling alcohol from that
vehicle without authorisation.
The Magistrates' Court found that
the council's use of the test purchase procedure made the case
against Mr Dearlove unfair and it stopped the prosecution
proceeding further. However, the High Court over-ruled that
decision. The High Court found that there had been no
unfairness and ordered that the case should continue.
CCTV licence conditions
24 | 01 | 12
Many licensed premises are subject
to a condition requiring them to operate a CCTV system and share
footage with the police on request. On 23rd January a licensing
review sub-committee in Lincolnshire considered the case of a local
bar whose owner had refused to supply footage without a court
order. He cited guidance about data protection
reponsibilities issued by the Information Commissioner. The
Sub-Committee effectively decided the review in the owner's favour
and amended the condition relating to CCTV. Having previously
provided for release on Police request, the condition now specifies
that release of footage will not be mandatory in the absence of the
consent of the premises' "Data Controller".
Cigarette sales from vending
machines prohibited
24 | 01 | 12
Sales of cigarettes and other forms
of tobacco from vending machines are prohibited in Wales from 1st
February 2012. This follows the implementation of a similar ban in
England in October 2011.
Pubs will be free to sell
cigarettes across the bar, providing of course that they check that
the purchaser is over 18. 11% of smokers in the 11 to 15 years age
group say that they buy their cigarettes from vending
machines.