Published on February 18th, 2011 | by Dean Carr
The Rovers Return in breach of the Licensing Act 2003?
A recent episode of Coronation Street raised an interesting question. In this episode the manager and his wife went on holiday, leaving a friend in charge of the pub (The famous Rovers Return). Is this a legal situation? Does the friend in question need a personal licence to sell alcohol?
According to the licensing act 2003:
All sales of alcohol must be made by, or under the authority of, a Personal Licence Holder. Not everyone who makes a sale has to hold a Personal Licence, so long as a Personal Licence Holder has authorised the sale.
So does the licensee need to be on the premises to authorise the sale of alcohol? Digging deeper into the licensing act 2003: (Chapter 17, Paragraph 19)
Mandatory conditions where licence authorises supply of alcohol
(1) Where a premises licence authorises the supply of alcohol, the licence must include the following conditions.
(2) The first condition is that no supply of alcohol may be made under the premises licence-
(a) At a time when there is no designated premises supervisor in respect of the premises licence, or
(b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
(3) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
It is clear that the manager of the Rovers Return is in breach of these conditions, and that the Weatherfield Council need to investigate…….
By the way, the fact that the managers name is above the entrance is NOT a legal requirement, and does not apply to this case.