After hours party a.k.a "THE LOCK-IN"

[6RCS27@CW]

What is the legal standpoint with regard to what used to be known as the lock-in.
ie-is there a requirement for the landlord/lady to do the following:
1-lock the front door
2-close the curtains
3-remove the till
I am not sure how you stand now that there is 24hr drinking.
Thanx in advance.

[Buenchico]

(2-part post):

Let's start with the difference between 'permitted hours' and 'trading hours'. A good example would be North Norfolk where, with the introduction of the provisions of the Licensing Act 2003, large numbers of pubs applied for 24-hour licences. North Norfolk Council was one of the few authorities to actually read the legislation and apply its provisions, which basically state that any pub can be licensed for whatever hours the publican wants unless there are good reasons otherwise. Accordingly, there are more pubs with 24 hour licences in North Norfolk than anywhere else in the country.

That doesn't mean that you'll find any pubs in North Norfolk which are actually open 24 hours. Most of them still close at 11.00pm or midnight. However, if they wish to continue serving after that time, they don't need any form of 'lock -in ' because they will still be within 'permitted hours' throughout the early hours of the morning. They can just continue serving as normal.

[Buenchico]

Outside of North Norfolk, most pubs have more restricted 'permitted hours' but these might still be longer than their normal trading hours. So, for example, a pub which normally closes at 11.00pm might actually have permitted hours allowing it to serve until midnight or 1.00am. Once again, they can carry on serving after their normal closing time as long as they remain within permitted hours.

As far as trading outside of permitted hours is concerned, the law effectively remains the same as it was under the old legislation. It's illegal to supply alcohol, by retail sale, outside of permitted hours (except to resident guests in a hotel or inn). If the publican has won the lottery and wants to treat all of his customers, he can keep the pub open as long as he likes provided he gives away his products. However, as soon as he sells alcohol, he's breaking the law. It doesn't matter whether the alcohol was paid for in advance or whether it will be paid for the next day (and it certainly doesn't matter about the locks on the door or the positions of the curtains or the till). If the publican supplies alcohol outside of permitted hours, and the drinker pays for it (whether at the time, in advance or later), the publican is committing an offence.

Chris

[Sammy Snake]

Well round where I live it works something like this:

1 - lock the front door
2 - close the curtains
3 - keep the till in and keep chargging customers
4 - get the ashtrays out

This happens most weekends in more than one pub within a mile of my house, whether it is legal or not is a completely different matter!

[helpmetoo]

sammy

sounds like the ideal pub,

let me know when they are actually '[closing down' ie private sessions always!!!!

[loonytunes]

Chris gave you a very comprehensive answer but did not add that the Premises Licence also contains times during which the public could be on the premises outside the times when alcohol is being sold. The application process requires the landlord to give this informaiton and, although there is a grey area as to whether this actually constitutes an offence if no licensable activities are being offered. So if the licence says that the public can be on the premises only for 30 minutes after the last sale of alcohol, he could be in trouble, even if the beer is given away.