This page is designed to give those involved in the licensing trade and members of the public the latest updates on licensing legislation and best practice.
Online right-to-work checking service
If you are applying for a personal licence, premises licence or to transfer a premises licence you must show you have a right to work in the UK.
As part of its effort to support those who conduct right to work checks, including employers and licensing authorities, the Home Office developed the online right-to-work checking service, which makes checks simpler and more secure.
The service enables UK employers and licensing authorities to check the current right to work, in real time, of a person who holds either a biometric residence permit, a biometric residence card, or who holds online immigration status issued under the EU settlement scheme, and to see whether they are subject to any restrictions.
It does this by linking to Home Office data.
The system works on the basis of the individual first viewing their own Home Office right-to-work record.
They may then share this with an employer or licensing authority if they wish, by providing the 'share code' issued to them by the online service.
By entering the code and the applicant's date of birth, the employer or licensing authority will be able to access the individual's current right-to-work details. This includes the date of expiry, if the individual's right to work is time-limited, and any work-related conditions. https://www.gov.uk/view-right-to-work
Pubwatch members have been losing money due to taking in counterfeit notes, please use the following links to update yourself and your staff.
There are two active pub watches in Runnymede; one covering Egham and the north of the borough, the other Addlestone and the south.
The date and venue of the next pubwatch meetings are as follows.
Egham and district - Wednesday, 1 May 2019, at The Swan Hotel, Egham, (by Staines Bridge).
Chertsey and Addlestone - Wednesday, 24 April 2019, at 10am the Cricketers, Rowtown, Addlestone.
All premises are encouraged to attend to help promote the licensing objectives, these are:
• Crime and disorder prevention
• Public safety
• Stopping public nuisance
• Protecting children from harm.
The national pubwatch website provides addition information about pubwatch http://www.nationalpubwatch.org.uk/
Lottery ticket vending machines
We are aware of several companies offering lottery ticket vending machines to pubs, stating they would earn a profit from the ticket sales. This is contrary to the Gambling Act 2005 and society lotteries guidance, which state that it is an offence to use lottery proceeds for a purpose other than the promoted cause, and they are not to be promoted for commercial gain.
The issue appears to be concentrated in the south east of England. Not only is this activity illegal but it also damages the charities who are the rightful beneficiaries of lottery schemes.
This quick guide explains what lottery ticket machines do.
Change to variation of DPS forms
From the 23 March 2018 the requirements on the variation DPS form will change.
The changes now protect the personal data of the proposed DPS. Previously it was practice to give the existing DPS the variation form, which contained all the details of the proposed DPS - this has often been a point of controversy.
From 23 March 2018 , taking into account the need to protect the data of the proposed DPS. the requirement to give a copy of the application to the current DPS is being discontinued. It will be replaced by a requirement to give written notice only of the proposal to vary the licence to put in place a new DPS, no name has to be given, only the effective date.
You no longer have to send the existing DPS the variation application form. A notice, or letter, explaining a variation of DPS has been submitted and is to take effect from xxx date is sufficient.
Basic disclosure check changes
For those considering applying for a personal licence please note:
From 17 January 2018, for basic disclosure check for a personal licence in England and Wales, you should apply to the Disclosure and Barring Service (DBS). You will be able to use their new online application route at https://www.gov.uk/government/publications/basic-checks.
The Law - Statutory Notices
It is in everyone's interest to comply with licensing law and both the police and the council are finding there is a lack of knowledge about what your responsibilities are when it comes to displaying licences or club certificates and authorisation.
In particular both Displaying the premises licence summary or club certificate and Displaying your notice of Duty to Keep and Produce the Premises Licence or club certificate are requirements (under section 57 and 94 respectively) of the Licensing Act 2003 (the 'Act'). If you do not comply you may be prosecuted and the fine can be up to £500 for each.
By following the simple steps below you can save yourself time and worry, as well as the risk of a court appearance, so please spend a few moments to ensure you are complying with the law.
Displaying the premises licence summary or club certificate
The 'Act' states you must have all pages of the summary (or certified copy of it) prominently displayed. Best practice is to display it where it can be read easily by the public and police/council officers. It must be all pages of the summary, not just the front page, and it must be readable.
We would recommend framing each page and securing them to a wall to protect the summary from mishandling or theft.
Displaying your notice of duty to keep and produce the premises licence or club certificate
As well as displaying the premises licence or club certificate you must also keep the original or certified copy on the premises and display a notice stating who has control of these, i.e. who is looking after them and knows where they are.
The 'Act' states - You are required to have a notice prominently displayed stating who has custody or control of the actual premises licence or club certificate. The premises licence or club certificate (or certified copy of it) must be on the property and it must be produced on request. Do not confuse this with the above-mentioned summary, which will be one or two pages. The complete premises licence or club certificate licence can run to five or six pages depending on your conditions.
To help you comply with the law and display this notice a template has been produced for premisesand for clubs but you can use your own of course.
Authorising alcohol sales
All premises selling or supplying alcohol (except for members clubs and certain community premises) must have a Designated Premises Supervisor (DPS) who will be named on the premises licence. The DPS is responsible for authorising alcohol sales.
There are likely times when the DPS will not be on the premises when alcohol is being sold. For that reason we strongly suggest the DPS authorises, in writing, members of staff to sell alcohol in their absence. (note: if a personal licence holder is available at times when the DPS absent they would be able to authorise persons to sell alcohol, however to minimise the risk of unlawful sales best practice is to have a list of people authorised by the DPS.)
We have produced two forms you can complete:
One is for the DPS to complete and sign authorising named members of staff to sell or supply alcohol
The other is for the named staff to sign, confirming they are aware of this and accept responsibility
The DPS and members of staff should be aware of, details of the premises licence and the social and legal obligations and responsibilities relating to the sale of alcohol.
Entitlement to work in the United Kingdom; how Licensing Act 2003 amendments affect business owners and operators of licensed premises.
The Immigration Act 2016 came into force on 6 April 2017 and contains many notable sections affecting the Licensing Act 2003. Its general purpose is to make it more difficult to live and work illegally in the United Kingdom. Please read the attached information.
Current licensing applications
For all new premises licence applications and variations under the Licensing Act 2003 in Runnymede please see our Current licensing applications
Guidance on gambling on licensed premises
- The Gambling Act 2005 made changes to the legislation regarding gambling in licensed premises. This will affect the playing of popular games such as poker and bingo. Under certain circumstances gambling may still be permitted, but only for certain stakes and prizes. The Gambling Commission has produced some helpful guidance.
- Poker in pubs
- Gaming machines in pubs
- Facilitating gambling in pubs and clubs is illegal
- Bingo in pubs and clubs