A new Tenant telephones at 4.30 pm on a Friday evening before a Bank Holiday to advise that they have just received a visit from the Police who say that the person named on the Licence as Designated Premises Supervisor is not the same as the Personal Licence Holder (and new Tenant) in the pub. They have insisted that the pub close immediately because the old DPS has left and advised that because the Council Office is now closed until the following Tuesday and will not be in a position to process the application, the pub will need to remain closed over the Bank Holiday weekend.
- Immediately get hold of the Police Officer
- Explain (in the politest way) the provisions of Section 41 of the Licensing Act 2003 thereby using what has been described as “your smart arse legal argument”.Assure the Police that the matter will be rectified as soon as the Council Offices
- Assure the Police that the matter will be rectified as soon as the Council Offices are open.
- Assure the Police that we will be lodging an application immediately to be received at the Council Offices on Tuesday morning with the appropriate fee.
- Telephone the premises and instruct them to open.
N.B. Increasingly in some areas the Police, on Home Office Advice, are being more aggressive about this point issuing Section 19 CJPA Closure Notices and threatening prosecution under Section 136 LA 2003 if the Premises re-open. We believe the Police and Home Office advice to be incorrect and are supported by senior Licensing Barristers in this view.