MorningAdvertiser Opinion Peter Coulson

Victory in long fight for justice

Adam.Pescod@wrbm.com (Adam Pescod) — Tue, 03 Apr 2012 17:44:00 +0200

The story on the front page of last week's issue of the Publican’s Morning Advertiser (PMA), that after a long battle Michael Kheng has gained damages for his clients for the unlawful ‘instant’ closure notices issue by West Yorkshire Police, was very welcome news for me.

Take tax advice on staff benefits

Adam.Pescod@wrbm.com (Adam Pescod) — Mon, 02 Apr 2012 10:04:52 +0200

Taxation is never a happy subject at the best of times, but it tends to come to the fore at Budget time. In the licensed trade the question often arises as to whether tax is chargeable on the benefits that an employee receives in addition to their wages. For example, accommodation or other such ‘on the job’ services that come out of the employer’s pocket.

Still these licence conditions linger

Adam.Pescod@wrbm.com (Adam Pescod) — Tue, 27 Mar 2012 16:24:36 +0200

I have been having another look at some premises licences for out-of-town pubs recently and find it amazing that the raft of conditions contain long, direct quotes from the ‘old’ Licensing Act throughout.

Rocky road ahead for TENs

Adam.Pescod@wrbm.com (Adam Pescod) — Mon, 26 Mar 2012 10:14:52 +0200

One of the first activities to be affected by the proposed changes in licensing laws due to come into effect next month will be temporary event notices.

Underage sales overkill concern

Adam.Pescod@wrbm.com (Adam Pescod) — Wed, 21 Mar 2012 10:34:27 +0100

Other controversial changes due to come into force next month, according to the Home Office, concern sales to children. First of all the maximum fine (not the actual fine) has been doubled to £20,000 for underage sales, if they are prosecuted in the magistrates’ court.

Licensing act changes: Shifting responsibility

Adam.Pescod@wrbm.com (Adam Pescod) — Mon, 19 Mar 2012 17:59:20 +0100

It came as rather a surprise to hear the Home Office confirm an April start for some of its radical changes to the Licensing Act. Many of us thought it would not be ready for this, and I still have considerable doubts.

Noise controls sure to rise

Adam.Pescod@wrbm.com (Adam Pescod) — Wed, 14 Mar 2012 11:45:36 +0100

Last week on these pages I wrote that noise complaints were the ‘top hit’ in my electronic postbag. So they are, and my prediction is that the situation will get worse if there is any relaxation in licensing rules on entertainment, as proposed by the Department for Culture, Media and Sport.

Consequences of the Murphy case

Adam.Pescod@wrbm.com (Adam Pescod) — Mon, 12 Mar 2012 11:15:19 +0100

As I commented last week, the decision in the Karen Murphy TV football case was inevitable, given the rulings handed down by the European Court.

A for effort — but check rules first

Adam.Pescod@wrbm.com (Adam Pescod) — Tue, 06 Mar 2012 12:04:09 +0100

You would think that the politicians would favour efforts by pubs to boost custom in order to help them through difficult trading times. But even these best intentions can fall foul of what some people might see as town-hall bureaucracy.

Night-time legacy

Adam.Pescod@wrbm.com (Adam Pescod) — Mon, 05 Mar 2012 12:16:21 +0100

Increasingly I get the feeling that the late-night levy, like alcohol disorder zones, is a non-starter. Not because the trade does not like it (why should they?) but because it does not benefit anyone involved in its collection or administration.

Apprentices and young workers

Adam.Pescod@wrbm.com (Adam Pescod) — Wed, 29 Feb 2012 15:03:26 +0100

The call for apprentices to receive full Government support in the licensed trade, even over 18, is a valid one, given the opportunities that can be created. But there has often been a problem about employing young people in connection with alcohol that has not entirely been removed by the 2005 Licensing Act.

Time to curb pre-loading

Adam.Pescod@wrbm.com (Adam Pescod) — Mon, 27 Feb 2012 14:51:44 +0100

It is not surprising that National Pubwatch has picked up on minimum-pricing schemes in various parts of the country. I have been contacted by a number of readers questioning the manner in which they have been approached to keep prices to a certain level.

Banning orders and publicity

Adam.Pescod@wrbm.com (Adam Pescod) — Wed, 22 Feb 2012 17:57:37 +0100

I was rather interested to read about the Cornwall nightclub owner who has installed an ID scanner so she can share information on ‘difficult’ customers with other licensees in the area.This is a subject I have dealt with regularly over many years.

Pub footy: Kitchin-sink drama goes on

Adam.Pescod@wrbm.com (Adam Pescod) — Mon, 20 Feb 2012 11:11:54 +0100

It is not surprising that initial reactions in the trade to the latest round of the satellite TV football arguments appear rather confused (the PMA’s front page last week)

Calling time on drinking up

Adam.Pescod@wrbm.com (Adam Pescod) — Wed, 15 Feb 2012 16:39:51 +0100

One of the main practical differences between the new Scottish Licensing Act and its English counterpart concerns drinking-up time. Section 63 of the Scottish Act retains the 15-minute drinking-up period.

Itching for licensing reform

Adam.Pescod@wrbm.com (Adam Pescod) — Mon, 13 Feb 2012 17:56:00 +0100

We are now seven years on from the start of that frantic period of applications for new personal and premises licences, known as ‘transition’. I am beginning to get that Seven Year Itch.

How to get rid of surplus conditions

Adam.Pescod@wrbm.com (Adam Pescod) — Wed, 08 Feb 2012 12:15:03 +0100

Still on the subject of conditions, I continue to see premises licences with a whole string of requirements, many of which appear to have little or no relevance to the current situation of the pub concerned.

Police cutbacks spell trouble

Adam.Pescod@wrbm.com (Adam Pescod) — Mon, 06 Feb 2012 11:13:36 +0100

Last week, a number of chief constables complained that due to the stringent cuts imposed by the present Government they were in danger of losing front-line policing.

Tangled web of licensing law

Adam.Pescod@wrbm.com (Adam Pescod) — Wed, 01 Feb 2012 10:23:39 +0100

The tangled web of modern licensing law has reached a new level recently, if the consultation document on early morning restriction orders and the late-night levy is anything to go by.

Getting a picture of police heavies

Adam.Pescod@wrbm.com (Adam Pescod) — Mon, 30 Jan 2012 12:25:27 +0100

I have great sympathy for Michael Kheng (Operator in CCTV dispute, the PMA 19 January) in his dispute with police in Lincolnshire, who asked for footage in connection with a burglary that he refused to hand over without more specific information.