Government's ‘clarification' fails to make licence rules clear
New licensing guidance has failed to clarify whether alcohol can be served while the personal licence holder is off-site.
The ambiguity over the law had seen some councils insist a personal licence holder be on the premises at all times.
This had resulted in the closure of some pubs while the licence holder was away.
Although Tourism Minister Shaun Woodward has now said personal licence holders shouldn't be expected to be on site at all times, experts warned last week's clarification didn't go far enough.
Jeremy Allen, senior partner at licensing solicitor Poppleston Allen, said: "This new guidance still leaves the issue up in the air."
The problem is that, despite stating personal licence holders don't need to be present at all times, the Government hasn't clarified how often they can be away from their business or for how long, preferring to leave it up to the courts.
Allen suggested personal licence holders could best protect themselves by issuing written authorisation for a staff member to deputise in their absence and by putting staff through the personal licence exam.