Legislation update and reminder Licensing Act 2003 Licensing Act 2003 New Food Safety Regulations New Food Safety Regulations Premises and equipment Premises and equipment Risk Assessment ashore Risk Assessment ashore

Licensing Act 2003 Four main objectives of the Act: Four main objectives of the Act: The prevention of crime The prevention of crime and disorder and disorder Public safety Public safety The prevention of public The prevention of public nuisance nuisance The protection of children from harm The protection of children from harm

Licensable Activities The sale by retail of alcohol The sale by retail of alcohol The supply of alcohol in Club premises The supply of alcohol in Club premises Late night refreshments Late night refreshments Provision of regulated entertainment Provision of regulated entertainment

Licensing Act 2003 Premises Licence and Club Premises Certificate Premises Licence and Club Premises Certificate RYA Clubs should have now applied for conversion to the new:- RYA Clubs should have now applied for conversion to the new:- - Premises Licence or - Premises Licence or - Club Premises Certificate - Club Premises Certificate Your Local Authority are now the Your Local Authority are now the Licensing Authority Licensing Authority 7 th November 7 th November – New Law commenced – New Law commenced

Premises Licence Brings together 6 licensing regimes Brings together 6 licensing regimes No time limit on Licence No time limit on Licence Abolishes standard drinking hours Abolishes standard drinking hours Appropriate for Clubs with full Appropriate for Clubs with full on-licences on-licences Personal Licence Holder required Personal Licence Holder required Also a Designated Premises Supervisor Also a Designated Premises Supervisor

Club Premises Certificate Replaces: Replaces: – Club Registration Certificate Permits Clubs to supply alcohol only Permits Clubs to supply alcohol only to members and guests to members and guests Allows “Temporary Event Notices” Allows “Temporary Event Notices” – Up to 12 events per premises per year No requirement for: No requirement for: – Designated Premises Supervisor – Personal License holder

Qualifying Club activities Supply of alcohol by the Club to a member Supply of alcohol by the Club to a member The sale of alcohol to a guest of a member for consumption ON the premises The sale of alcohol to a guest of a member for consumption ON the premises The provision of regulated entertainment by the Club for members and their guests The provision of regulated entertainment by the Club for members and their guests

Regulated entertainment Definition includes:- Performance of a play Performance of a play Exhibition of a film Exhibition of a film Indoor sporting event Indoor sporting event Performance of live music Performance of live music Performance of dance Performance of dance Does not include:- – Games commonly played around the bar – pool, darts etc.

Making an application Premises Licence: – Completed application form – An operating schedule – A plan of the premises – Consent of the Designated Premises Supervisor – The fee Club Premises Certificate: – Completed application form – Club operating schedule – A plan of the premises – A copy of the Club rules – The fee

Operating schedule Should include: – Club activities relating to the application – The proposed hours – including public – Whether alcohol consumption will be “on” or “off premises” “on” or “off premises” – Steps to promote Licensing objectives – Definition of a “Guest” Details of Designated Premises Supervisor (Premises Licence only) (Premises Licence only)

Licensing fees Rateable value Band Application fee Annual fee No rateable value to £4,300 A£100£70 £4,301 to £33,000 B£190£180 £33,001 to £87,000 C£315£295 £87,001 to £125,000 D£460£320 £125,001 and above E£635£350

RYA response To DCMS Consultation:- To DCMS Consultation:- – Fee levels Increase in costs - from £15 to (£100 + £70) excessive Increase in costs - from £15 to (£100 + £70) excessive Against Governments encouragement of sports Against Governments encouragement of sports To provide LA funding Sports Clubs lumped in with Discos, To provide LA funding Sports Clubs lumped in with Discos, pubs in terms of social risk and binge drinking! pubs in terms of social risk and binge drinking! – Temporary Event Notices Proposed increasing TENs to 25 per year from 12 Proposed increasing TENs to 25 per year from 12 This would help raise funds to offset License fees This would help raise funds to offset License fees Some Clubs may then not have to apply for Premises Some Clubs may then not have to apply for Premises and Personal Licences and Personal Licences

Where are we now? update – Government have set up:- Government have set up:- “Independent Licensing Fees Review Panel” “Independent Licensing Fees Review Panel” August 2005, RYA completed a Club survey on behalf of the CCPR - presented to the Panel August 2005, RYA completed a Club survey on behalf of the CCPR - presented to the Panel Club survey showed Club survey showed – Many Clubs within band A and B – Advertising requirement expensive – Application process unduly onerous – 18 pages – Increase in fees excessive – Bars may close? “Panel” have now published an interim report “Panel” have now published an interim report

“Panel” – Interim report 4 recommendations:- 4 recommendations:- – Central source of information Why the system has changed and what the Why the system has changed and what the Act delivers to fulfil objectives Act delivers to fulfil objectives What new system does for fee payers What new system does for fee payers Fee payers duties – LA responsibilities Fee payers duties – LA responsibilities – Date set for payment of fees October 1 st – Fixed date easier to remember and plan for October 1 st – Fixed date easier to remember and plan for – Simplifying application process Alternative method of advertising applications Alternative method of advertising applications “Professionally” drawn plans not always necessary “Professionally” drawn plans not always necessary – No impediment to Licensing Authorities Monitoring, enforcement, and administration more efficient Monitoring, enforcement, and administration more efficient

“Panel” – Interim report The interim report concludes that:- The interim report concludes that:- – It is not yet possible to reach decisions on the main issues until the final report, due out in August 2006 – “As part of the next stage of work, we will want to identify as accurately as possible the overall costs for authorities and fee payers both during transition and ongoing annual costs”

More information Available from: Local District Council – Licensing officer Local District Council – Licensing officer Department for culture, media and sport Department for culture, media and sport website – website – RYA Club website – RYA Club website –

Safety ashore Clubs providing food or drink Clubs providing food or drink Clubs with premises and equipment Clubs with premises and equipment Risk Assessment ashore Risk Assessment ashore

Clubs providing food and drink Food Safety regulations make it an offence to Food Safety regulations make it an offence to sell food which fails to meet safety needs sell food which fails to meet safety needs Regulations apply to any Club with or Regulations apply to any Club with or without staff without staff Clubs must register with their Local Authority Clubs must register with their Local Authority - Identify steps critical to food safety - Ensure safety controls are in place The Food Hygiene (England) Regulations The Food Hygiene (England) Regulations – Food safety management procedures HACCP now important part of food safety management procedures and “due care” evidence HACCP now important part of food safety management procedures and “due care” evidence

HACCP Hazard Hazard Analysis Analysis Critical Critical Control Control Points Points – A way of looking at food process flow food process flow PurchaseStoragePreparationCooking Chill and storage TransferStorageFreeze Thaw and reheat ServeReheatServe

“Safer food, better business” Available from the Food Standards Agency “This food management pack has been developed to help small catering businesses to comply with new regulations that apply from January 1 st ” “This food management pack has been developed to help small catering businesses to comply with new regulations that apply from January 1 st ”

More information Available from: Local Council – Environmental Health Officer Local Council – Environmental Health Officer Food Standards Agency:- Food Standards Agency:- – Download - “Safer food, better business” RYA website – RYA website –

Clubs with premises and equipment Safety and maintenance rules Safety and maintenance rules – Provision and use of equipment – Lifting operation and lifting equipment Provision of a First Aid box Provision of a First Aid box Control of hazardous substances Control of hazardous substances Risk Assessment Risk Assessment

More information Available from: RYA website “Red Tape” – RYA website “Red Tape” – Contact Mandy Peters – RYA Legal Department Contact Mandy Peters – RYA Legal Department