Audrey Junner, Hill Brown Licensing
Question
Do we need to have someone trained in first aid on shift at all times? Our LSO has advised that it would be sensible but we are not sure if it’s compulsory or just best practice.
Answer
This will depend on what type of venue you are. Generally, most licences won’t include this as a condition but if you open after 1am then, additional late opening premises conditions may apply, one of which is the requirement to have a person trained in administering first aid on the premises until closing time or 5am. This will be listed on your premises licence if it has been attached. If there have been issues in your premises in the past it would have also been open to the Board to
Audrey Junner, Partner Hill Brown
attach conditions at any review hearing, which could also include one to this effect. Many licensed premises operators are reluctant to offer first aid due to potential insurance issues, so if the condition doesn’t apply do not feel pressured to implement it. It would, however, be wise to ensure all staff have a good understanding of the processes to be followed in a medical emergency, should that situation ever arise, and have received suitable training which is recorded.
Question
What are the rules about young people being given alcoholic drinks in licensed premises? As a general rule we do not allow them to have any alcohol at all in our restaurant but one customer complained last week as they were refused service of a glass of champagne at a small wedding reception. She was adamant that they must be allowed to drink if she (the parent) bought it for them and made a huge fuss in front of the other customers.
Answer
There is no must about it, the decision is entirely one for the licenceholder. The starting point is that it is illegal for young people to buy or consume alcohol on licensed premises and it is an offence for them to be sold alcohol or to be supplied with it. The Licensing Act does, however, provide one exception. If the alcohol is purchased or supplied by an adult for the young person to consume with a meal provided on the premises then that is permitted. This is limited to beer, wine, cider and perry and does not include children i.e. 15 and under. In this scenario the customer was right to an extent. The provision of alcohol would not have been an offence provided the young person was having a meal, but it is absolutely crucial to remember that although this exemption exists, it does not have to be implemented. That choice is ultimately left to the discretion of the staff and/or the licenceholder.
For more information you can contact Audrey directly at Hill Brown Licensing: AJ@mshblicensing.com