Licensing@aol.com
What betting is legal?
Q Can you tell me what sort of betting transactions are actually illegal on licensed premises? For example, is it OK for a man to fill in a betting slip while taking a pint and reading a newspaper? What about discussing bets with a friend? How does a licensee stand?
A The Gambling Commission has just produced a new leaflet for the pub trade on betting in the bar, which repeats advice I have been giving out for many years now.
As I have commented, there's a fine dividing line between what is and is not allowed when it comes to betting on licensed premises, so landlords have to be doubly careful.
There are still many prosecutions in this area, and the police are very much on the lookout.
With regard to betting with a bookmaker, it is illegal for a person to "use, cause or knowingly permit any premises to be used..." for the purposes of betting transactions.
It is also an offence to allow other people to use premises for betting transactions - whether as punters, as a bookmaker or bookmaker's representative, or as an intermediary of any kind.
So a licensee must not turn a blind eye to betting transactions on his premises, because he could be caught out.
However, the police must show that
actual transactions took place on the premises, of which the licensee ought to have been aware.
It is not enough to show either a single transaction, or to show that people discussed racing or betting, or exchanged tips (even for money, I would presume). Filling in a betting slip is not illegal on licensed premises, as long as the bet is placed in the betting shop and the money changes hands there.
Easter extension
Q I intend to apply for an extension for a couple of days over Easter. One of my neighbours has said he will object.
The hours we have were hard fought at the beginning. Can he stop me having a couple of hours more?
A I assume you are giving a temporary event notice to obtain this additional time over Easter.
He has no right to object on this occasion: the police are the only ones who are allowed to issue an objection notice, and then only on crime prevention grounds. In the circumstances which you describe, this does not seem likely.
Remember that this is not an application: it is your right to give a notice for a limited number of times each year (up to 12 for
your pub).
Clearly, if there is noise or disturbance as a result, the local council could step in. But if your customers are well behaved, there is nothing your neighbour can do.
Licence fee not paid
Q There is a suggestion that the previous lessee did not pay the
annual licence fee at the end of last
year. Could our licence be cancelled if
this is true?
A No. There is no provision for the cancellation of a premises licence in these circumstances.
The failure is treated as a civil debt against the person who owed it at the time it became due.
I am surprised this matter did not come up at the time of transfer, when the file would have been inspected and the omission might have come to light.
