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

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

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

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

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

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

Qualifying Club activities 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 provision of regulated entertainment by the Club for members and their guests

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

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

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

Licensing fees A £100 £70 B £190 £180 C £315 £295 D £460 £320 E £635 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:- Fee levels Temporary Event Notices Increase in costs - from £15 to (£100 + £70) excessive Against Governments encouragement of sports To provide LA funding Sports Clubs lumped in with Discos, pubs in terms of social risk and binge drinking! Temporary Event Notices Proposed increasing TENs to 25 per year from 12 This would help raise funds to offset License fees Some Clubs may then not have to apply for Premises and Personal Licences

Where are we now? - 2006 update – Government have set up:- “Independent Licensing Fees Review Panel” August 2005, RYA completed a Club survey on behalf of the CCPR - presented to the Panel 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” – Interim report 4 recommendations:- Central source of information Why the system has changed and what the Act delivers to fulfil objectives What new system does for fee payers Fee payers duties – LA responsibilities Date set for payment of fees October 1st – Fixed date easier to remember and plan for Simplifying application process Alternative method of advertising applications “Professionally” drawn plans not always necessary No impediment to Licensing Authorities Monitoring, enforcement, and administration more efficient

“Panel” – Interim report 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 Department for culture, media and sport website – www.dcms.gov.uk RYA Club website – www.rya.org

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

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

HACCP Hazard Analysis Critical Control Points Purchase Storage Preparation Cooking Chill and storage Transfer Freeze Thaw and reheat Serve Reheat Hazard Analysis Critical Control Points A way of looking at food process flow

“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 1st”

More information Available from: Local Council – Environmental Health Officer Food Standards Agency:- www.food.gov.uk/foodindustry/hygiene Download - “Safer food, better business” RYA website – www.rya.org

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

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