Monthly Archives: February 2013

Freedom2choose Newsletter, as always an entertaining read.

Freedom2choose Newsletter

Note:-Once again the madness of the anti smoking lobby, I am a non smoker, but if people want to smoke, that is their choice, it is perfectly legal, yet in some cases you’re in more trouble for smoking a cigarette in the wrong place than canabis.

I was in the USA last year and read an article on medicare, it appears that medical insurance is under severe financial strain through non smokers living longer and developing far more extended and complex ailments than those that smoke, in addition the tax revenue is considerably reduced for those without medicare.

Barfly


February NewsletterPosted: 27 Feb 2013 03:00 PM PST

In this month’s issue:

  • Message from the Chairman
  • Sir Humphrey is now in Drag: Plain Packaging
  • E-Cigs: Rhetoric and Propaganda?
  • ASH reprimanded for Lobbying by Parliament
  • News in brief
  • F2C Articles and official Blog
  • Round the Blogs – two bits of serious reading for cold days
  • The Last Word: RIP Kevin Ayers

MESSAGE FROM THE CHAIRMAN

The Department of Health (DH) is keeping very quiet on plain packaging at the moment.

As we know they got a sound spanking in the vox pop with 500,000 against and 235,000 for. It does seem that the plain packs protagonists were guilty of some underhand tricks, like dodgy multiple filling in of forms which even Deborah Arnott had to castigate the DH over. What appears to have been collusion with the Australian Department of Health has done little to allay fears either. Also ,73 MPs have now written to Jeremy Hunt the Health Secretary saying it will only increase smuggling.

The evidence from Australia is that sales there are business as usual, despite the best spin to suggest the contrary and Dame Sally Davies’ pitiful presentation to Parliament “after having dinner” with her Australian counter part just made her look an ass.

My feeling is that the DH cannot find a good reason to bring in plain packaging and are just putting off the day that they have to admit to wasting the tax payer’s money.

If so it will be a welcome victory, and the first for a number of years.

Once again, can I say thank you to all members and supporters.
Dave Atherton Chairman Freedom To Choose

SIR HUMPHREY IS NOW IN DRAG: PLAIN PACKAGING

Dave Atherton continues the sorry story of plain packaging in his recent article in The Commentator.The civil service’s actions on the plain cigarette packs consultation have been nothing short of a disgrace.

Sir Humphrey Appleby of the hit TV series ‘Yes, Prime Minister’ has put on a dress and a pair of sling-back shoes and morphed into Dame Sally Davies, the Chief Medical Officer and head paper pusher at the Department of Health (DH).

Supposedly neutral on policy, Davies and Andrew Black (Programme Manager of Tobacco Control) have in fact failed to display a shred of impartiality on the impending plain cigarette packs “consultation.” For those of you who have just resurfaced from your coma, the consultation is effectively another way of putting the banning of branded cigarette packets with the addition of some medical pornography so extreme that sitting in church on Sunday morning reading Asian Babes would seem more appropriate.

In what has been a dirty campaign (mainly on the part of Dame Sally Davies’s department and allies, who have never really recovered from being whitewashed in the public response – 500,000 versus 235,000), the latest reveals more evidence of closed, clandestine meetings in smoke-filled free rooms.

You see, it turns out the DH commissioned two anti-smoking zealots, Professors Gerald Hastings and Linda Bauld, from the UK Centre for Tobacco Control Studies to review the “proof.” They may as well have just commissioned Lord Rennard to write a paper on keeping your hands on the table at Lib Dem HQ.

(To read more, go to the full article here.)


E-CIGS: RHETORIC AND PROPAGANDA?

The situation over E-Cigs is becoming more complicated by the day, and the pro-choice movement is not exempt from some confusion.

Jay, of the Nannying Tyrants blog, commented the other day that he was:…extremely at odds — nay, extremely livid at a large number of vaping companies using the same bullshit rhetoric and propaganda that the anti-smokers have used to denormalise tobacco use in order to sway potential customers.

Commenting further on the BMA’s pursed lips stance, he continued:Th(e) sentiment against what “looks like smoking” so it should be banned is repeated by the BMA’s Richard Jarvis, who said about e-cigarettes: “These devices directly undermine the effects and intentions of existing legislation including the ban on smoking in enclosed public spaces.”

Now wait a second. Wasn’t the public smoking ban sold as a measure to protect workers from second-hand smoke? Why, yes, it was presented as such, but we know now that it was really about denormalising smoking by forcing smokers to stand outside and make us third-class citizens. The smoking ban had nothing to do with workers’ health.

(To read his full article, go here.)


ASH REPRIMANDED FOR LOBBYING BY PARLIAMENT

In 1990, this is how ASH and Tobacco Control Industry lobbyists used to be treated by politicians if they even dared to solicit private meetings and/or attempt to subvert the democratic process. It makes wonderful viewing.

(see this delicious YouTube Video courtesy of John Baker, who uploaded it in January 2010.)

Dick Puddlecote also wrote about this in his blog: ‘Following on from Monday’s news that ASH and the APPG (All-Party Parliamentary Group) on Smoking and Health had held a private meeting with Anne Milton; that it was hidden from public record until The Times discovered it; and that it appears that the delegation attempted to persuade the Minister to ignore objections to the plain packaging consultation. Additionally, considering that it looks like they may have done exactly the same thing during (or after) the consultation prior to the tobacco display ban, I think it’s a good time to view again this illustration of what Milton should have said.’

NEWS IN BRIEF

Inside the Coalition’s controversial ‘Nudge Unit’. Deep inside Whitehall, psychologists are finding ways to make you insulate your loft, pay your taxes, and even quit smoking. Is the Coalition’s controversial ‘Nudge Unit’ finally paying off?


Politically correct BBC ignoring Harold Wilson’s pipe in five hour tribute.


Smoking a shisha pipe for just one hour is equivalent to smoking 1,000 cigarettes,

What fecking super strength tobacco are they smoking in these places? High tobacco levels? what the hell does that mean? No, this is utter and complete bollocks specially invented to scare those who have dared to defy the idiots. (Comment from an F2C member)..


Smoking ban: Doctors say exemption ‘won’t help film industry’

Is there no limit to Doctors’ knowledge and expertise?

Interesting comment made in defence of the industry….The agency’s chief executive, Pauline Burt, said that in relation to productions where actors and crew could be exposed to smoke “nobody is forcing them to take that job”. The same could be said about pub staff. (Comments from F2C members.)


I’ve been smoking for 60 years. What’s the point in giving up now?


Van driver fined £200 for not displaying no smoking sign!


Ludicrous. Dundee handyman fined for smoking in his own van.


Charity helper who was smoking told to go home. N.B. This is the BHF which is a major funder of ASH and lobbied for the smoking ban.


Areas and shelters for smokers created at Tunbridge Wells and Staffordshire hospitals.

F2C ARTICLES and OFFICIAL BLOG

 

A Political Smokescreen? How the Scottish Parliament dealt with the Scottish petition and concealed evidence.

The Smokers are Coming: serious protests by pro-choicers in Brussels, Bulgaria, and Ukraine.

The Spirit of Leonidas: about the Greeks doing what the Greeks do best, fighting for freedom and practising democracy. And smoking.

 

ROUND THE BLOGS

Baby, it’s cold outside. Time to stay in and keep warm. So here are two serious bits of recommended reading and resources to settle down with and stretch your brain.

First, this is a recent post by Chris Snowden, summarising and giving links to a series of articles written by Carl Phillips.

It’s excellent but quite complex – please visit and read as soon as you have the time. Sample:…When the ANTZ defend policies that make smoking more costly and less pleasant with language like “helping smokers quit”, a standard response is that this is utter crap: Intentionally inflicting pain on someone to try to modify their behavior is called “torture”, not “help”, and it violates all accepted modern Western rules of ethical behavior. …When the ANTZ claim that torture is help, they are invoking the implicit (and clearly false) claim that everyone affected by the torture has second-order preferences for quitting, and also invoking the implicit (and clearly false) claim that they want someone to use force to align their preferences with their second-order preferences by inflicting torture until quitting is preferable to smoking. In addition, the ANTZ are making the implicit (and clearly false) claim that all of these smokers who want to be forced really understand that when they are abstinent they are likely to be less happy/productive/etc. compared to when they were smoking.

Second, another good essay from Professor John Brignell: “The statistical bludgeon”. Sample:In the dark ages literacy was a secret jealously guarded by the senior clerics. It gave them power in the monopoly of handing down the written and immutable law; and, incidentally, enabled them to conceal their errors (and perversions) of interpretation. The lower clergy were only able to copy documents as arrays of symbols without intrinsic meaning, but God-given, and their errors propagated (such as confusing the Gothic long “s” with “f”).

In these days of almost universal literacy (of sorts) there is an analogy in the case of statistical literacy, though not one to be taken too far. The senior clergy understand statistics (to a patchy extent) and use or abuse them at will. The junior clergy put in numbers and extract them from computer packages, without understanding, and pass them on. The laity know their place, but are impressed.

Uncertainty is not an easy concept to accept. You are accustomed to getting your exercise book back from the teacher, with a tick against the sums that are right and a cross against the ones that are wrong. When someone tells you that there is a ninety percent probability that the answer is A and a ten percent probability that it is B, it is a bridge too far for many. They are grateful when an authority (say the EPA) saves them from crossing this pons asinorum by asserting that 90% = right and 10%=wrong. Therein lies a tale of grand deceit and devilry. The uncertainty has been removed at the cost of understanding.

Just as the mediaeval clergy used their own privileged interpretations of the written laws to bludgeon the laity into conformity, so the modern numerical necromancers use their interpretations of numbers to the same end. In both cases the penalty for indiscipline is the threat of pestilence, hell-fire and damnation; while the cost of conformity is a simple but substantial tithe on your income.

THE LAST WORD

(click on title to hear song and read rest of lyrics)

Stranger in Blue Suede Shoes

I walked into this bar And the man refused; He said, we don’t serve strangers In blue suede shoes;

We don’t give credit, and We don’t give way– We have to think about what the people might say..

Uh, you know what I mean… I said, sure, man.

Oh, he gave me a smile that was sickly and wet, And I offered him one of my cigarettes. He took it, afraid that he might appear rude, Then proceeded to sell me some second class food.

Nice guy – meet ’em everywhere.. .

He said, my oh my, I have suffered too long, And this cigarette seems to be very strong; I don’t make the rules I just get what I take And I guess every rule was made to break…

 

Kevin Ayers. 16 August 1944 – 18 February 2013

 

 

Freedom2choose: c/o John H Baker 22 Glastonbury House, Priestfields, Middlesbrough, Cleveland TS3 0LF Tel/Fax 0845 643 9469

Freedom2choose (Scotland): c/o Michael Davidson, 15, Linksview House, Leith, EH6 6DP Tel 0845 643 9552

The views expressed are not necessarily the editors and www.buyingapub.com accepts no responsibility for them, we do try to avoid offensive or litigious statements being made. They are written by concerned professionals in the industry who feel that these issues should be raised to ensure that all licensees are made fully aware of many hidden pitfalls.

 

Alliance Online Catering Equipment – suppliers of Pub and Bar Equipment to the Licensed Industry

Two Interesting Stories for the Bar.

STORY  NUMBER ONE:

Many  years ago, Al Capone virtually owned  Chicago  ..  Capone wasn’t famous for anything heroic. He was notorious for enmeshing the windy city in everything from bootlegged booze and prostitution to  murder. Capone had a lawyer nicknamed “Easy  Eddie.” He was Capone’s lawyer for a good reason.  Eddie was very good !  In fact, Eddie’s skill at legal maneuvering kept Big Al out of  jail for a long time.

To show his appreciation,  Capone paid him very well.  Not only was the money big, but Eddie got  special dividends, as well.  For instance, he and his family occupied  a fenced-in mansion with live-in help and all of the conveniences of the  day.  The estate was so large that it filled an entire  Chicago  City block. Eddie lived the high life of  the  Chicago  mob and gave little consideration to the atrocity that  went on around him.  Eddie did have one  soft spot, however. He had a son that he loved dearly.  Eddie saw to  it that his young son had clothes, cars, and a good education. Nothing  was withheld.   Price was no object. And, despite his involvement with organized crime, Eddie even tried to teach him right from wrong.  Eddie wanted his son to be a better man than  he was. Yet, with all his wealth and  influence, there were two things he couldn’t give his son; he couldn’t pass on a  good name or a good example. One day, Easy  Eddie reached a difficult decision. Easy Eddie wanted to rectify the wrongs he  had done…

He decided he would go to the  authorities and tell the truth about Al “Scarface” Capone, clean up his  tarnished name, and offer his son some semblance of integrity.  To do  this, he would have to testify against The Mob, and he knew that the cost would  be great.  So, he testified. Within the  year, Easy Eddie’s life ended in a blaze of gunfire on a lonely  Chicago  Street .  But in his eyes, he had given his son the greatest gift he had to  offer, at the greatest price he could ever pay.  Police removed from  his pockets a rosary, a crucifix, a religious medallion, and a poem clipped from  a magazine.

The poem read:

“The clock of life is wound but once, and no man has the power to tell just when the hands will stop, at late or early hour.  Now is the only time you own. Live, love, toil with a will. Place no faith in  time.  For the clock may soon be still.”

===================================================================================

STORY NUMBER  TWO:

World War  II produced many heroes. One such man was Lieutenant Commander Butch O’Hare.  He was a fighter pilot assigned to the aircraft  carrier  Lexington in the South Pacific.
One day his entire  squadron was sent on a mission.  After he was airborne, he looked at  his fuel gauge and realized that someone had forgotten to top off his fuel  tank.  He would not have enough fuel to complete his mission and get back to his ship.  His flight leader told him to return to the carrier.  Reluctantly, he dropped out of formation and headed back to the  fleet. As he was returning to the mother ship,  he saw something that turned his blood cold; a squadron of Japanese aircraft was  speeding its way toward the American fleet.

The American fighters were gone on a sortie, and the fleet was all but  defenseless.  He couldn’t reach his squadron and bring them back in time to save the fleet.  Nor could he warn the fleet of the  approaching danger.  There was only one thing to do.  He  must somehow divert them from the fleet. Laying aside all thoughts of personal safety, he dove into the formation  of Japanese planes.  Wing-mounted 50 caliber’s blazed as he  charged in, attacking one surprised enemy plane and then another.  Butch wove in and out of the now broken formation and fired  at as many planes as possible until all his ammunition was finally spent.  Undaunted, he continued the assault.  He dove at the  planes, trying to clip a wing or tail in hopes of damaging as many enemy planes as possible, rendering them unfit to fly.  Finally, the exasperated  Japanese squadron took off in another direction.  Deeply relieved,  Butch O’Hare and his tattered fighter limped back to the carrier.

Upon arrival, he reported in and related the event  surrounding his return.  The film from the gun-camera mounted on his  plane told the tale.  It showed the extent of Butch’s daring attempt  to protect his fleet.  He had, in fact, destroyed five enemy aircraft. This  took place on February 20, 1942, and for that action Butch became the Navy’s  first Ace of W.W.II, and the first Naval Aviator to win the Medal of  Honor.

A year later Butch was killed in aerial  combat at the age of 29.  His home town would not allow the memory of  this WW II hero to fade, and today, O’Hare Airport in  Chicago  is  named in tribute to the courage of this great man.

So, the next time you find yourself at O’Hare International, give some  thought to visiting Butch’s memorial displaying his statue and his Medal of  Honor.  It’s located between Terminals 1 and  2.

SO  WHAT DO THESE TWO STORIES HAVE TO DO WITH EACH  OTHER?

Butch O’Hare was  “Easy Eddie’s” son.

Alliance Online Catering Equipment – suppliers of Pub and Bar Equipment to the Licensed Industry

 

Banking Scam, please read, check and be careful.

Banking Scam, please read and check.

I am assured this information is correct and has come out to-day 25th Feb 2013, assuming the worst and that it is correct be extra vigilant with Internet banking with First Direct and any others, if the slightest bit in doubt or suspicious consult with the bank for advice.

All,

I have just spent the last three hours investigating a very sophisticated virus/hack that seems to have targeted the first direct internet banking website.

 

This is a “man-in-the-middle” type attack that intercepts your credentials, sends them to a remote site where they are then used to extract funds from the account in questions. At all times the website displays the correct SSL certificate credentials, and is perfect in the look and feel of the site, even the web page is displayed correctly in the url bar. The only way to know that you are in the wrong site is at the point of entering the username and password it asks for your FULL password rather than specific characters.

 

We do not currently know if this is limited to First Direct banking websites or if any others are affected.

 

The very worst points of this hack is that none of our virus or malware scanners can detect it. I will repeat that statement, currently none of our virus or malware scanners can detect this virus, and that is using the most up to date DAT files there are, we are currently talking to McAfee to see if we can identify the origin and scan pattern. We have found evidence that this is an infection on the local PC and that it is collecting bank credential data only.

 

If you use internet banking then please be extra vigilant, satisfy yourself that the credential forms are the same as you normally see, if you are in any doubt do not use them, go to another PC and try it from there.

Cumulative Impact areas, are these good or bad?

Cumulative Impact Areas


The Croydon Advertiser has recently confirmed proposals for Croydon to introduce a cumulative impact area.
Not just any cumulative impact area but one covering 17 out of 24 wards thus making it probably the largest in the country.
It has been worrying to read the comments of the cabinet member responsible because there does seem to be some confusion as to whether it is to be introduced to prevent further off-licences or more generally.
One of the justifications reported is concerns about public health but that is not yet a ground which should be considered and may leave the Council open to legal challenge.
In any event it is difficult to envisage how it can be shown to the satisfaction of the Council as a whole that such a large area is suffering so much from crime and disorder and public nuisance problems that no new licences (either on or off) or variations should be granted.
It is of concern that a restrictive policy covering such a wide area may be introduced without proper consideration of both the evidence and the effect on the late night economy and business in general. It is likely that there will be further articles on this both in the local press and in the national licensing press.

For more information please contact James Anderson

Comment:- Have  local authorities finally seen the light?

Their policies of granting licences to anyone taking a town centre or urban property without justification of need, is possibly coming home to roost.

The great proliferation of gaudy bars and clubs, battling for a limited amount of business, generating price wars, binge drinking, excessive litter crime and so  on.

The good old traditional pubs have seen their businesses diminish, their viability brought into question, good operators being pushed out to be replaced by corporate revolving licensees, who vanish at the whiff of trouble, to be replaced by another short term expert.

The old licensing system was not ideal, but it did support good operators, the hours may have been a pain commercially, but we didn’t have the social problems that have developed  and now make regular news headlines and every anti drink politician uses as a banner to bash the traditional English pub. The majority were well run and very few had revolving licensees, the other factor that these instant experts failed to consider, is and always will be, that Joe Public only has a specific amount of money to spend on socialising, if you extend the hours, people come out later, your wage bill goes up and they start drinking at home, before they go out.

If the real experts in the industry had been consulted, the people that run the pubs, not the banner waving politicos and hangers on, jumping on a band waggon, we might have had a good compromise rather than the social disaster that exists at the moment, destroying pubs that have been with us for centuries, replacing them with tacky, garish bars and clubs wioth heavies checking people in and throwing the drunks on to the streets for the Police and the NHS to sort out.

When in reality it was caused by corporate greed, short sighted Local Authorities and some very incompetent decisions made well up in the Government.

Purely my view.

Barfly

Alliance Online Catering Equipment – suppliers of Pub and Bar Equipment to the Licensed Industry

 

FAQ’s, the lighter side, when talking to customers.

Some FAQ’s  that every Licensee should konw, when chatting in the bar

Q: Why do men’s clothes have buttons on the right while women’s clothes have buttons on the left? A: When buttons were invented, they were very expensive and worn primarily by the rich. Since most people are right-handed, it is easier to push buttons on the right through holes on the left. Because wealthy women were dressed by maids, dressmakers put the buttons on the maid’s right! And that’s where women’s buttons have remained since.

Q: Why do ships and aircraft use ‘mayday’ as their call for help? A: This comes from the French word m’aidez — meaning ‘help me’ — and is pronounced, approximately, ‘mayday.’

 Q: Why are zero scores in tennis called ‘love’? A: In France , where tennis became popular, round zero on the scoreboard looked like an egg and was called ‘l’oeuf,’ which is French for ‘egg.’ When tennis was introduced in the US , Americans (mis)pronounced it ‘love.’

Q. Why do X’s at the end of a letter signify kisses? A: In the Middle Ages, when many people were unable to read or write, documents were often signed using an X. Kissing the X represented an oath to fulfill obligations specified in the document. The X and the kiss eventually became synonymous.

Q: Why is shifting responsibility to someone else called ‘passing the buck’? A: In card games, it was once customary to pass an item, called a buck, from player to player to indicate whose turn it was to deal. If a player did not wish to assume the responsibility of dealing, he would ‘pass the buck’ to the next player.

Q: Why do people clink their glasses before drinking a toast? A: It used to be common for someone to try to kill an enemy by offering him a poisoned drink. To prove to a guest that a drink was safe, it became customary for a guest to pour a small amount of his drink into the glass of the host. Both men would drink it simultaneously. When a guest trusted his host, he would only touch or clink the host’s glass with his own. 

Q: Why is someone who is feeling great ‘on cloud nine’? A: Types of clouds are numbered according to the altitudes they attain, with nine being the highest cloud if someone is said to be on cloud nine, that person is floating well above worldly cares.

Q: in golf, where did the term ‘Caddie’ come from? A. When Mary Queen of Scots went to France as a young girl, Louis, King of France, learned that she loved the Scots game ‘golf.’ So he had the first course outside of Scotland built for her enjoyment. To make sure she was properly chaperoned (and guarded) while she played, Louis hired cadets from a military school to accompany her. Mary liked this a lot and when returning to Scotland (not a very good idea in the long run), she took the practice with her. In French, the word cadet is pronounced ‘ca-day’ and the Scots changed it into ‘caddie.’ 

Q: Did you ever wonder why dimes, quarters and half dollars have notches (milling), while pennies and nickels do not? A: The US Mint began putting notches on the edges of coins containing gold and silver to discourage holders from shaving off small quantities of the precious metals. Dimes, quarters and half dollars are notched because they used to contain silver. Pennies and nickels aren’t notched because the metals they contain are not valuable enough to shave.

Q: Why are many coin banks shaped like pigs? A: Long ago, dishes and cookware in Europe were made of dense orange clay called ‘pygg.’ When people saved coins in jars made of this clay, the jars became known as ‘pygg banks.’ When an English potter misunderstood the word, he made a container that resembled a pig. And it caught on. So there! Now you know! And don’t say I never keep you informed!!!


So there! Now you know! And don’t say I never keep you informed!!!

 

Alliance Online Catering Equipment – suppliers of Pub and Bar Equipment to the Licensed Industry

Poppleston Allen, Code of Practice for Age Restricted Products published


An interesting Court Case and Appeal

 

In the case of Little France Ltd v Ealing London Borough Council, the High Court has quashed a decision made by the Ealing licensing sub-committee, which was confirmed by magistrates on appeal, to restrict premises hours and ordered that the whole matter to be re-considered by the licensing authority.
Background There had been a firearms incident near the nightclub and the police applied for an expedited review of the premises licence. Interim steps were requested and imposed pending a full review.
At the full review the licensing authority decided to impose new restrictions and in particular a new earlier terminal hour of 02:00. The decision of the licensing authority was unaccompanied by any reasons.
Little Franc Ltd appealed to the magistrates’ court. The challenge was only to the new terminal hour. The magistrates’ court considered both parties’ submissions and the written evidence on which the licensing authority had relied. It held that the decision of the licensing authority was correct, proportionate and reasonable; there was a catalogue of reported incidents and the nightclub was in a mixed commercial and residential area. The magistrates’ court agreed that the terminal hour should be 02.00 and accordingly dismissed the appeal.
Little France Ltd appealed against the decision of the magistrates’ court, which was heard in the High Court.
High Court Decision The High Court addressed four questions:
1. Where the licensing authority had failed to give any or adequate reasons for its decision, how should a magistrates’ court address an appeal?
2. Was the magistrates’ court bound to give any reasons why it preferred the evidence adduced by the licensing authority rather than that of Little France Ltd?
3. Did the Court apply the wrong test when limiting the hours during which licensable activities could take place?
4. Were the reasons in relation to the magistrates’ court decision to award costs to the licensing authority unreasonable (in the Wednesbury sense)?
As to the first question, the High Court found in favour of the premises. It held that whilst a wholly unreasoned decision might possibly be correct, a magistrates’ court on appeal could not merely endorse such a decision; it had to give sufficient reasons of its own, taking into account ‘the fullness and clarity of the reasons, the nature of the issues and the evidence given on the appeal’, following R. (on the application of Hope & Glory Public House Ltd) v City of Westminster Magistrates’ Court.
As to the second question, it was held that this was a matter for the magistrates’ court, having regard to the evidence before them. It was generally up to the appellant in these cases to show that the decision below was wrong and call evidence if the facts were disputed.
The High Court also found for the applicant with regard to the third question. The use of “reasonable” was not criticised. However, the only material challenge was to the restriction of hours and the magistrates’ court decision failed to show how that restriction was necessary (as required by the legislation). As a result, it had failed to apply the correct test.
The fourth question was also decided in favour of applicant, Little France Ltd. The explanation the magistrates had given had been Wednesbury unreasonable, that is, it took no account of L’s entitlement to a reasoned decision.
The High Court therefore varied the decision of the Magistrates’ Court and remit the matter back to the licensing sub-committee to be re-determined. The High Court also ordered the local authority to pay the costs of the High Court in full.
This case highlights the importance for the licensing authorities (and the Magistrates’ Court) to state the reasons for any decision made in relation to a premises, otherwise such cases could be subject to re-determination.
A copy of the summary of the judgment can be found here
For more information please contact James Anderson

Licensed Property Check List on and before Changeover Day

 Buying a Pub, Restaurant or Licensed Property,

Takeover Day Check List,

This Check List is made on the assumption that anyone taking a freehold, lease or a tenancy will have been fully briefed by their Solicitor on their responsibilities within the constraints of the lease and the lists are for guidance and assistance in the taking over of a normal licensed or catering business, it is also useful Guide for taking over any small Business.

The requirements of taking over a Licensed Business are considerably more than an average Business, like a Retail Shop or small Trading Business, the information may appear excessive, but as a Check List it is invaluable, the exceptions are very specialised Businesses where the specialist requirements may or will not be covered.

In addition always use a Lawyer specialising in Commercial Property, it can be a minefield. Click on MORE for the latest version.  

                                                          More

 

Note:- Everyone buying a commercial property, especially a lease should have a Schedule of Condition, to validate the state of condition PRIOR to the handover date. If there are outstanding wants of repair or decoration, then either the Landlord or the previous Lessee is responsible, if it is left until a later date, no action can be taken without documentary proof agreed with the Landlord or his Agent.

We have not listed disabled facilities, but it may arise in certain circumstances, they should have been covered in the survey or legal enquiries.

If you find anything that you consider should also be listed, please email us at info@buyingapub.com or info@usenumberone.com, we appreciate your input, if it will help others.

 

The views expressed are not necessarily the editors and www.buyingapub.com accepts no responsibility for them, we do try to avoid offensive or litigious statements being made. They are written by concerned professionals in the industry who feel that these issues should be raised to ensure that all licensees are made fully aware of many hidden pitfalls.

 

 

Another Nail on the Head from Robert Sayles, Barrel-Dregs (258)

The day I became a Pub Co CEO.

This is for the people that don’t have access to the MA, sadly it reflects the truth in far too many cases, but written with humour.

http://www.morningadvertiser.co.uk/Opinion/Robert-Sayles/The-day-I-became-a-pubco-CEO

 

Alliance Online Catering Equipment – suppliers of Pub and Bar Equipment to the Licensed Industry