We are delighted to arrange Adverts on this site for you, it is a Niche Market aimed at the Pub and Restaurant Industry, if you would like further information email us at firstname.lastname@example.org .
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.
|February NewsletterPosted: 27 Feb 2013 03:00 PM PST
For those people in the industry that do not have direct access to the Morning Advertiser.
I expect two main trends in alcohol policy as we move forward in 2013.
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.
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.
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
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.
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!!!
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
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.
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.
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.
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.