Friday, 1 October 2010

The Quality Act 2010

Today, 1st October 2010, we will start to see the effect of The Equality Act 2010. The Act will change all previous legislation on discrimination and affects those involved in the licensed trade. The legislation applies to places of work, to employees, and to customers. The aim of the Act is to prevent discrimination under the following grounds:
For further details: http://www.popalltraining.co.uk/training/theequalityact2010.asp

Friday, 24 September 2010

Thursday, 23 September 2010

Two New Additional Conditions on your premise licence

A reminder - two new conditions will appear on every licence as from the 1st October 2010. Don't imagine that because the present Government is ambivalent about these that it won't happen. It will, and any licence holder could face a review or worse as a result of failure to comply.

To read this article in full http://www.popalltraining.co.uk/training/areminder-twonewadditionalconditionsonyourpremiselicence.asp

Monday, 20 September 2010

Personal Licence

Personal Licence

Do you need a personal licence, have you seen our forthcoming dates below:

20 Sept 2010 London
20 Sept 2010 Preston
20 Sept 2010 Ringwood
21 Sept 2010 Hemel Hempstead
21 Sept 2010 Southampton
21 Sept 2010 Newcastle
21 Sept 2010 Telford
22 Sept 2010 Reading
22 Sept 2010 Liverpool
22 Sept 2010 Taunton
23 Sept 2010 Lancashire
23 Sept 2010 Huddersfield
23 Sept 2010 Stone 23 Sept 2010 Leeds
http://www.popalltraining.co.uk/

Wednesday, 15 September 2010

Tips on getting a Personal Licence

Tips on getting a Personal Licence

If you are thinking of getting a Personal Licence there are a few things you should consider:-

You must complete the National Certificate for Personal Licence Holders course and pass the examination in order to apply for a Personal Licence.

Then, you can either get the application forms from your local Licensing Authority ( part of your council ) or use a firm of Licensing Solicitors ( like Poppleston Allen Solicitors ! ), who will handle all the applications and checks required to get the Licence.

Once you have passed the course, got your certificate, got your Criminal Records Bureau Check, filled in all the forms and sent them to the Licensing Authority, they will issue you with a Personal Licence, which lasts for 10 years.

Poppleston Allen Training only offers the BIIAB National Certificate for Personal Licence Holders, the market leader in the NCPLH Course and highly recommended by both local authorities and police forces.

BIIAB is the professional body for the licensed retail sector and the industry's leading membership organisation reflecting the views of 1000s of individual members across the UK

We can offer this course across the length and breadth of the UK, including Scotland and Wales. Please contact us on 0115 9487400, by email at h.teece@popalltraining.co.uk or visit our website at www.popalltraining.co.uk

Poppleston Allen Solicitors - Response to the Home Office on their consultation document "Rebalancing the Licensing Act".

Poppleston Allen have now responded to the Home Office on their consultation document "Rebalancing the Licensing Act".

It is a fairly hard hitting response as we think that the Government's proposals are badly thought out. We also think they are foolish to rush this through with an inadequate consultation period.

If you would like to receive a copy of our response to the consultation document please click on the link below.

Response document

Remember that all responses have to be with the Home Office by the 8th September.

For more information please contact Jeremy Allen

Lap Dancing -- Its all going to change

From 6 April 2010 local authorities in England and Wales were able to adopt provisions which would enable them to regulate entertainment involving nudity, such as table dancing and lap dancing, and require operators to obtain a 'Sexual Entertainment Venue Licence'.

Where a local authority has decided to adopt then it will fix 3 dates; First, Second and Third Appointed Day.

Existing operators must ensure that their application is submitted within 6 months of the First Appointed Day. (In Cardiff, this was yesterday - 1 September.)

All applications lodged within that first 6 months will be considered together at the end of the 6 month period. They will be considered against the council's policy for such venues which could include limiting the number of venues.

Applications received after the first 6 month period will be considered as and when they are received. If a particular council have allocated a quota, then these could all be taken by applicants in the first 6 months, which means later applications will be refused.

Many councils have concluded their consultation and have already decided to adopt the provisions. If you are an operator, it is important that you are fully engaged with the local authority and understand whether they are going to adopt them and when. It is vital that you understand the criteria under which a licence will be considered and that you have the necessary evidence to support your application. Even if you have been operating for years there is no guarantee that you will be granted a licence.

This first licence application will be the most important application which you lodge. If your application is refused then your rights of appeal are extremely limited.

Generally, there is a right of appeal to the Magistrates' Court. However, if your application is refused due to the fact that, (a) your application exceeds the set quota fixed by the council; (b) due to the local area; (c) based upon the use of other premises in the vicinity (for example, your premises are close to residents; a nearby school or church); (d) due to the layout, character or condition of your premises, then your only right of appeal is to the High Court and this is where it gets seriously costly.

A number of the council policies which I have read are focusing upon location in terms of the likely impact of residents and other users of premises in the vicinity. A number talk about the cumulative impact of sexual entertainment venues and some set standard hours of operation. Many set out standard conditions upon which a licence will be granted. In your application, if there is a standard condition that you do not feel is appropriate, then you need to make specific reference to it being excluded and produce evidence to justify this.

Operators would be wise to start their preparation now. Do not just think you can fill out a form and sit back to wait for your licence to be granted. Think about the evidence that you should call to support your application and lodge the evidence with your application. If you are an existing operator but are close to residents or to a nearby school or church then you will probably find that your application is contrary to the council policy to grant you a licence. You will have to display a notice advertising your application and if objections are received, you will have to justify why your licence should be granted and why you should continue to operate. Think about the evidence you need and be proactive, not reactive!



For more information please contact Lisa Sharkey.