Licensing

Cessation of licensable activities – temporary event notices – new premises licence. A company had discovered that their premises licence had lapsed following the licence holder going into administration. It was too late to transfer the premises licence and save it and so the Licensing Authority advised them to stop providing licensable activities immediately, which they did. However, a number of events were booked in the subsequent weeks, including a wedding, and so they approached us for advice on ways to provide licensable activities for as many of the events as possible and to also make an application for a new premises licence. It was possible to cover several events and weekends (and the wedding!) with temporary event notices within the prescribed limits for temporary event notices. With the temporary event notices, we prepared and submitted an application for a new premises licence based substantially on the previous premises licence. All of the temporary event notices were approved and the application for the new premises licence granted.

Regulated entertainment – live music/recorded music – objections – hearing The company had made an application for the variation of their premises licence to extend the permitted timings for live music and recorded music (already having had live music and recorded music for a number of years). The venue was in a town centre, didn’t have a history of complaints and there were few residents in the immediate vicinity. None of the residents in the immediate vicinity had objected to the application. However, objections were received from residents on the opposite side of the valley who had said that the music might carry across the valley and by the environmental health department who had said that the music would disrupt people living in the immediate vicinity of the premises, even though none of these immediate neighbours had felt it necessary to object themselves. We were instructed to represent the company at the Licensing Committee hearing. Our case included photographs, maps and diagrams of the pub and the vicinity. Our contention was that since there had been no complaints about the premises to date, the residents’ objections shouldn’t be accepted on the assumption that the music might be disruptive and nor the EHO objection accepted since none of the immediate neighbours had felt it necessary to object to the application themselves. The case was argued successfully and the premises licence varied in accordance with the company’s initial application.

Loss of operating licence – loss of numerous premises licences – transfers of premises licences The company operated a large network of adult gaming centres. The operating licence was held by a company and the company was contemplating administration. The company approached us for advice relating to the operating licence and the related premises licences and how they should be protected. We advised the company to transfer all of the premises licences to another operator so that they didn’t lapse on the lapse of the operating licence. The company did this and all of the premises licences were saved.

Application for new operating licence – transfer of premises licences We had acted for the company, a partnership, for a number of years. The company had held an operating licence since the conversion process in 2007. One of the partners wanted to retire and took advice from us as to the effect of the retirement on the licensing aspect. Since the operating licence was held by a partnership it couldn’t be changed to remove one of the partners as this would have changed the entity from a partnership to a sole trader, which is not permitted by the Gambling Commission. We advised that the continuing partner (now as a sole trader) would need their own operating licence to continue running the business and the premises licences would also have to be transferred to the new operator to allow the continued operation of the premises.