Keeping Within The Law
The licensed trade has a very large number of laws and regulations that affect the workings of the pub. Covered here are the principle ones that you should be aware of. There are numerous further sources of information, many of which are detailed in the section at the rear of the booklet.
If the pub is to be run by a tenant then most of these requirements will be their responsibility but it is important to ensure that you take an overview to ensure that no liability falls back to you and that the pub is not devalued by their inaction or ignorance of the law or regulatory framework.
Licensing Act
Persons wishing to sell alcohol have to follow many requirements to correctly sell it and they must licensed to do so. There are strict tests that the individual must pass to be considered suitable to hold a license and training is usually required to a nationally approved standard. The premises themselves also have to be approved for the sale of alcohol. Most changes or adjustments to the layout of the premises require consent of the licensing authority BEFORE they are made. There are strict sanctions that apply if their consent is not received prior to the changes. This can be a ?minefield? and so we recommend that a solicitor, who is an expert in licensing, should be consulted to give advice in this area.
Planning and building regulations
If you want to change the use of a part of the building, its appearance, its structure, its drainage, its access, its signing, etc you may require either planning or building regulations consent or both to be able to make the changes. Ask the local planning and building regulations department at the Local Authority for advice prior to commencing the work.
Food safety and premises regulation
The regulations relating to food safety require you to have a registered premise with the local Environmental Health Authority. The food preparation and storage areas must be safe, cleanable, have adequate refrigeration for the storage of food, have staff that are correctly qualified and trained and must take account of numerous other regulations. We recommend that advice should be sort from the local Environmental Health Officer. It is worth pointing out that, under the act, the beer cellar is considered to be a food storage/preparation area and so the same regulations apply.
Disability Discrimination Act - DDA
This Act requires employers not to discriminate against disabled people as defined in the Act. There are two ways in which an employer might unlawfully discriminate against a disabled employee or job applicant:
- by treating him or her less favourably (without justification) than other employees or job applicants because of his or her disability, or
- by not making reasonable adjustments (without justification).
The DDA gives disabled people important rights of access to everyday services that others take for granted. The law requires action to prevent discrimination from occurring in the following ways:
- treating a disabled person less favourably because they are disabled
- Service providers may have to consider making permanent physical adjustments to their premises.
The requirements of the DDA are far reaching and must be considered in your pub. See the contacts section for further reference information.
Employment legislation
This area of the law has no impact for you if the pub is going to be run under a tenancy agreement but will have considerable impact if the pub is to be run under management. If this is the case then expert help is available through the contacts section or via a personnel professional.
Health and Safety At Work Act
There are numerous requirements of the Act and subsequently issued regulations that may be the responsibility of the landlord as well as the tenant. Safety in your pub is the responsibility of all and a risk assessment is advised by a suitable qualified person. Your local authority will advise on the requirements as they apply to your pub. The Environmental Health Department usually have the responsibility for this.