10b. Notes on Conditions for caterers (s38 endorsed) on-licence

A. When a section 38 caterers endorsement can be applied

The Alcohol Licensing Regulatory Authority has issued a Practice Direction confirming that a s 38 caterers endorsement cannot be added to an existing on-licence at renewal. Instead a new on-licence must be applied for, which, in the event an existing on-licence is in place, will cause the existing on-licence to expire under s 121 of the Act.

B. Definition and plan of licensed premises

For this type of licence, there is a ‘home base’ premises to which the licence attaches, but also other premises at which the licensee may sell alcohol at catered events.

The template conditions define the ‘home base’ premises with reference to a date stamped plan, in line with the DLC’s agreed protocol for defining premises, and also refer to other premises – the ‘catering premises’ – at which the licence may apply. There is a direction that a note to this effect must be made on the licence.

C. Principal entrance

It will not be possible or practical to define the principal entrance for all ‘catering premises’, given that these will not be known at the time of the DLC decision.

It is recommended that the committee specify the principal entrance for the “home base” premises. Past practice has been to specify the designated principal entrance to the premises on the licence, but not as a condition. When this is named in the decision, this will be done by the secretary. Alternatively, you may wish to include a licence condition specifying the principal entrance for the “home base” premises.

D. Signage

The signage requirements for the ‘home base’ premises and ‘catering premises’ differ for legal and practical reasons.

For both types of premises, there is a requirement to display signage detailing restrictions on the sale and supply of alcohol to minors and intoxicated persons at every point of sale.

The requirements to display a copy of the licence and a sign showing the ordinary hours of trade only apply at the “home base” premises.

Section 56 of the Act requires that:

The holder of an on-licence issued for premises … must ensure that for each principal entrance to the premises there is displayed at all times a sign attached to the inside or outside of the premises, so as to be easily read by people immediately outside the entrance, stating the ordinary hours of business during which the premises are open for the sale of alcohol… .

Section 57(1) requires that:

The holder of an on-licence … must ensure that at all times a copy of the licence, together with a statement of all conditions subject to which it is issued, is displayed—

(a) attached to the inside of the premises concerned; and

(b) so as to be easily read by people entering each principal entrance.

As the authors of the online Westlaw Sale of Alcohol text explain: No signage under this section need be displayed if the Authority or committee fails to designate a “principal entrance”.” (SA56.02: Licence need not be displayed)

As above, it is not practically possible for the committee to designate a principal entrance for all ‘catering premises’. Therefore, a requirement to display a copy of the licence or a sign specifying the ordinary hours of business at the principal entrance would not be workable with respect to such premises. In practice, one-off catered events are unlikely to have “ordinary hours of business” in any case.

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