Bureaucracy in the Trade

Hello All.

As editor of the GMV's magazine I have decided to do some articles on the unnecessary bureaucracy contained in the Licensing Act 2003. We all keeping moaning about it so I thought I would take up the cudgels and see just what the thoughts of grass root licensees are. Hopefully we can get something done, almost certainly in the long term but we have to start somewhere.

I realise that complaining is not enough, we have to be prepared to think the matter through and argue our case constructively in order to gain some ground. So I need your thoughts to ensure that those sections of the Act you believe to be simply useless red tape are attacked first.

Look at BLOG ' Bureaucracy in the Licensed Trade' - Monday 26th May 2008

Look forward to hearing from you.

Joe O'Riordan
Editor - The GMV magazine

The Beer Tie

Hello.

The GMV is anxious to know what the small licensee thoughts are on the tie?

The matter needs a lot of thought and consideration. Getting rid of the tie sounds wonderful but what, if any, penalties will the brewers and pubcos introduce to counteract any loss of income they may suffer?

For sure they won't simply let it happen and lose profits, indeed if they did that their shareholders would hang them out to dry. Through your LVA or our Executive Officer, John Madden - 01708 447899, let us know your view so that it can be adopted as official GMV policy and we can then support the "Fair Pint" campaign.

View the GMV magazine October edition articles on 'The Tie' to assist you in fully understanding the argument. If you would like to receive a copy please contact Jor O'Riordan 01323 486021.

Joe O'Riordan

Bureaucracy in the Licensed Trade

The finance director of Arkell's Brewery, Ray Fisher, is retiring from the company and has cited the tremendous increase in "red tape" as the major reason for his doing so now.

He said "It's absolutely ridiculous, many of these rules and regulations take so long to comply with and in the big scheme of things they mean nothing at all.

It is difficult for all business, whether they are large or small, it's so time consuming and does nothing to contribute to the success of the business."

What are your thoughts; let me know what you think are the most useless or annoying bureaucratic rules, regulations or legislation that you as a licensee is forced to work under.

Joe O'Riordan

Refusal of the OFT to investigate Pubco's

I am shocked that the OFT have refused to investigate the unfair practices of the Pubco's. Their continued resistance to assisting the lessees and tenants in reducing costs, and in particular rental levels, is disgraceful.

The longer they they refuse to change their policy the fewer pubs there will be left to save.

In the late 80's the Beer Orders stopped brewers from owning more than 2000 pubs, because it was supposely an unfair system to customers in choice and product price. Here we are 20 years later and now it is the Pubco's that own 1000's of outlets and yet it appears to be OK, how can that be?

Joe O'Riordan

Meeting with MP to Discuss Exploitation

Representatives of the GMV are to meet with Timothy Farron Lib Dem MP who is campaigning for Government action to "prevent the exploitation of pub landlords" by pub companies.

The meeting is scheduled for the 6th May in London, representing the GMV will be the Executive Officer, John Madden CMBII, Bernard Brindley, Chairman of the GMV Parliamentary Committee, Godfrey Page, Chairman of the GMV, and Brian Rees a parliamentary committee member.

Farron has expressed his grave concerns as to the conduct of those brewers and pubco's that make it very difficult for pub landlords to earn a reasonable living by increasing rents, he has tabled an early day motion (EDM) on the matter.

It is hoped that the outcome of the meeting will be to increase the awareness of MP's to the plight of many licensed outlets and win their backing to the EDM.

Details of the meeting will be in the July edition of The Guild News, on the GMV website www.gomv.co.uk and on this blog.

Joe O'Riordan

The GMV Annual Conference & The Trade Uniting

The GMV's annual conference takes place in Eastbourne on the 13th and 14th May. The time and place for licensees to get together to debate the problems within the trade and how best to solve them.

One matter high on the agenda, in my opinion, is the urgent need for licenses-holders to present a united front to their landlords, be they pubco's or brewers.

The outgoings of the average individual pub operated business has reached disproportionate levels when compared to other high street retailers but will only be truly tackled by trade bodies that can argue they genuinely represent the majority of leaseholders, tenants and freetraders. Only then will the landlords, Government, police and licensing authorities take the trade seriously and listen to our concerns.

If you are already "in the fold" then do your utmost to encourage other licensees to join their local LVA or regional body.

If you have any queries concerning Conference 2008 or enrolling in your local LVA contact John Madden CMBII, Executive Officer, The Guild of Master Victuallers on 01708 447899.

Joe O'Riordan - Editor The Guild News

Abatement Notice

AN ABATEMENT NOTICE

We have experienced problems lately with members having action taken against them by Licensing Authorities or the police following the serving of an Abatement Notice where the Notice has allegedly been breached .

Generally speaking when you are issued with an Abatement Notice you must take some action to have it removed from your record. You have a limited time (21 days) to make an appeal against the allegations contained in the Notice in relation to your premises.

It is vital that it is fought. If you do not and are subsequently issued with a summons to appear before your local licensing authority because of a breach of the Abatement Notice then you have no defence against the Notice It is assumed in law that you accepted that whatever the Abatement Notice alleged, e.g. noise pollution - serving minors, then you accepted that the nuisance or act was a fact at that time. Objections to it will not be accepted once the specified time allowed for the appeal has passed. One member has had his licence revoked due to having failed test purchasing three times following the breach of an Abatement Notice that was undefended at the time it was served, had it have been the licensee had a case for winning the appeal at the subsequent review of the licence. In two other cases following a breach of a Notice a licence review was held. Had the original Notice been appealed it would have definitely been successful as the wording of the Abatement Notice was ambiguous and the other example, on the advice of the solicitor instructed, had a very strong case for the overturn of the Notice had the licensee appealed the original Notice.

The serving of an Abatement Notice is a matter to be taken very seriously and you should ALWAYS seek legal advice as to what action you need to take on the matter. A future breach of the Notice may lead to a review of your Premises Licence so treat the matter with due diligence.

If you do not appeal against an Abatement Notice, or the appeal fails, any future breach can have serious financial consequences (a fine up to £2,000) as well as a review/revocation of the Premises Licence. Revocation being exactly what happened to the Eastbourne member.

As always I remind members that the GMV recommended solicitor is Tom Henry of Vizards Wyeth. Contact: www.vizardswyeth.com

Edited by: Joe on the 13/04/2008 6:41:19 PM

Industry Training

Licensees Training

When the Licensing Act came in, the whole issue regarding licensees’ training was ducked, and at the time two things struck me as being ridiculous.

The first was that there was no distinction between the types of training that were required for licensees: the same training was supposed to cover both, say, running an off-licence and managing a large nightclub. Worse still, you could acquire your personal licence whilst you were at college and then some years later start work as a licensee with no further training.
Less of a catch-all system is needed. Why not have a short course in respect of off-sales and a longer course for those wishing to operate premises where the sales generally take place indoors? There is even an argument for having an advanced course for the more complex and challenging types of licensed premises, such as nightclubs.

This will no doubt be an unpopular viewpoint, but I believe it totally wrong that those who qualified as licensees under the old system should simply be able to transfer over without taking any course at all. How can this be sufficient, given that the two systems are very different, the law isn’t the same, and a large number of licensees on the old system didn’t have to take any qualifications at all? At the very least there is a huge disparity in knowledge between different holders of personal licences.

Would those courses have put a huge burden on licensees? I don’t believe so. Examine training now required for the average professional in business, and you will find that the individual concerned passes the initial qualification but then requires refresher training. As a lawyer, for example, I need to do at least 12 hours a year and younger people are required to do more. The scale of the law relating to licensed premises is greatly underestimated; it is so complex, in fact, that some sort of continuous training should be mandatory.

Interestingly, this view is shared in some areas by police licensing officers, some of whom have persuaded licensees to attend training courses themselves. They have also requested that bar staff attend a shortened training course.

Once they get over the hurdle of attending a course, people genuinely want, enjoy, and benefit from training.

Jeremy Allen
Poppleston Allen

The next stage towards world domination!

Congratulations Joe on finding yet another way of getting the vast amount of information the LVA's and GUILD have to offer out to the rest of us landlords!

Here's looking forward to reading more!

Not long now till the GUILD conference everyone.. DON'T forget ;-)

Paul

Attracting New Members

How does the existing network of LVA's and regional bodies, The Guild of Master Victuallers (GMV), set about the task of convincing individual licensees, whether they be freetrade, lessees or tenants, that a voice is required to protect their interests at Government level. Licensing Authorities, the Police, local authorities and especially against draconian legislation.

Clearly the greater the amount of individual licensees that belong to the various associations will dictate the power they have, which is the reason needed to capture all those non-members that are out there. There is no doubt that the strength lies in numbers and, given the trade we operate in, the customers that use our premises would, I am sure, be very likely to back us in our fight for survival. They have as much of an interest as us in retaining the British pub.

Forward your comments and ideas to us and we will act on them. Be positive and I am sure we can make some progress.

brian rees

A good letter you managed to get printed in the Publican Joe.
But I believe it should also be mentioned that the Guild of Master Victuallers accept Direct
Members from areas that have no Licensed Victuallers Association, plus the Guild will advise
Licence holders if they would like to form or resurrect a Association and affiliate to the Guild

The Guild BLOG ... ?

Those of you who have visited The Guild web site will have seen the vast amounts of in depth and up to date information at your digital fingertips.

From the latest Parliament legislation, to the latest licencing laws. If you want to follow the licenced trade, the GOMV web site should be your first stop.

The site is under constant update from Joe + The Guild Committee, who are giving you, the licensee, important news & information that affects your business.

So what is a BLOG? Well, a BLOG, short for ‘Web-Logging’ is a specialised web site that allows an individual or group of individuals to share a running log of events and personal insights with online audiences.

Why does The Guild need one? The Guild Committee are now able to chronoligically share their ‘journals’ with you. More importanly, their own opinions, intepretations, and their less formal ‘take’ on events that are unfolding around the Licensed trade. (What they really think!)

Unlike the formal Guild Web Site, which is a formal fact + news bearing web site, a BLOG is a personal opinion + debate centre. People can read personal thoughts, and either discuss these opinions, or perhaps express their own. It really is freedom of speech at it’s best (providing no extrinsic laws are infringed).

So what does all this mean to me? With all this feedback and freedom to express ones mind, we The Guild, are hoping to understand the licencess concerns, thoughts, opinions, and continue to offer the best representation to you, the licensee.

Why not visit the GOMV web site, and start writing your own thoughts & opinons.:

Perhaps you are unhappy about a latest piece of legislation.?
Perhaps you feel angered about something in the trade?
Perhaps you want your own soapbox, but never had the audience to listen?

Whatever your personal opinion on technology, I implore you to take 30 seconds of your time; ask your children, grandchildren, neighbours kids, whomever, to direct to you to The Guild web site, and see for yourself how useful technology can be.

Mathew Brown
BA Hons (QTS)

(Apologies in advance for the patronising tone - you can of course, express your opinions of me on The Guild BLOG).

Has Armageddon Arrived for the Licensed Trade?

Laurel has closed 60 pubs and then gone into liquidation, Camra announce 57 pub closures each month and Shepherd Neame issue a profit drop warning. Like for like beer sales throughout the UK are generally falling. We are being battered each day with more bad news.

The smoking ban has unquestionably presented a lot of licensed premises with deep financial problems, despite what those that support it would have us believe. And always remember that New Labour clearly stated in their election manifesto that pubs and restaurants would be excluded from the smoking ban.

So what does Government then do? Knowing that the cost of fuel, transportation , barley and a wealth of other factors that dictate costs to the operation of a pub have increased, and that a miracle would be required for many pubs to survive the increased operating costs Darling of the Exchequer imposes a whacking duty increase just to ensure that miracles don't happen!

The licensed trade must take on the Government if there is to be any likelihood of a long term future for pubs. In my area, East Sussex, pubs are closing at a terrifying rate and the really sad thing is that the closures do not appear to be giving any financial benefit to surrounding pubs. The customers are simply disappearing due to the high cost of an evening out in the local pub.

The grass roots of the trade must begin to bring customers on board in the fight for the survival of the great British pub.

Joe O'Riordan

congratulations

Another plus well done Joe, please keep up the good work the Guild is proud of you.
My sincere thanks to yourself and Mandy for getting me up to speed

Be Lucky
Brian Rees

An addition to The Guild of Master Victuallers website

Hello Members.

Welcome to the new facility on offer, The Guild of Master Victuallers (GMV) blog.

The idea of this blog is that all members of the GMV can place their opinions and thoughts on it as can any person with a connection to the licensed trade. If customers of public houses, clubs, restaurants etc wish to make a constructive comment please feel free to do so, your contributions will be welcome.

Place your blog here on any subjects related to GMV membership, matters related to the licensed trade or the drinks industry in general and of course The Guild News.

It's a simple procedure you just have to register to create your free account but you must have your own email address. Go to www.gomv.co.uk home page and click on the black lettering GOMV BLOG, You will then be asked to apply to become an "author" and have to complete a few details. When you receive the email from me accepting your invitation simply click on the long blue address and follow the indtructions.

This will be a very worthwhile addition to the GMV website. I and others will regularly check the for new blogs to see the type of comments made and to learn more of the problems encountered by the licensed trade.

Look forward to hearing from you.

Joe O'Riordan
Editor - The Guild News

What is The Guild of Master Victuallers (GMV)

WHAT IS THE GMV?

The GMV is an organisation, which assists and protects the business interests of Personal Licence Holders. Members of a local Licensed Victuallers Association (LVA) affiliate to the GMV where they exist, if there is no LVA in an area then you can join as a Direct Member. The major purpose being able, by becoming part of a body of licensees, to strengthen the ability of a single Personal Licence Holder, to protect the operational side of their business interests in a more powerful manner.

Many LVA's have been in existence for more than 100 years. It is that historical background that has given the GMV the substantial foundation of experience which enables it to perform at the level it does. It has always had to adapt to the many changes in licensing legislation and the needs and expectations of its members. It is this lengthy and professional experience coupled with the ability to adapt to change that formed the roots of the traditions on which the GMV is based and operates today.

Membership of the GMV is open to all Personal Licence Holders, whatever type of business they operate. Among the current membership there are operators of public houses, nightclubs, clubs, hotels and restaurants.

The GMV succeeds by offering a service that will protect, advise and assist the membership in all matters to do with the operation of licensed premises. This service operates from local issues right through to Government level. For further details of the services offered through membership of the GMV click on the 'Articles' button and then click on 'Problem Page' to see the extensive range of matters on which the GMV offers its members assistance and free advice.

At the helm of the organisation is Mr. John Madden CMBII, the Executive Officer, through whom all matters pass and are co-ordinated. He is the link for the affiliated LVA's and Direct Members.

The GMV has direct representation or contact with Government Departments, Licensing Authorities, Local Authorities, Environmental Health Departments, Revenue & Customs, Sky TV Services, The Performing Rights Society, Phonographic Performance Limited and all other agencies whether they have a substantial or minor effect on the licensed trade.
The membership area covered by the GMV extends from the South Coast to the Midlands to include London, the Home Counties and the West Country.

WHAT ARE THE MEMBERSHIP QUALIFICATIONS?

Traditionally the GMV, only accepted holders of the old Full On Licence into membership. Due to the tremendous changes in the industry, the Beer Orders of the late eighties, longer opening hours, the new millennium bringing the introduction of the Licensing Act 2003, the GMV has had to constantly adapt to the changing business and social world in which the licensed trade operates. The needs of the member has changed dramatically in recent years and that demand, along with the increased legislation and bureaucracy, has to be met.
The 21st century has seen the membership broaden its base, Personal Licence Holders from public house, nightclub, hotel and restaurants operators as well as those that work in the off trade section.

If you have been granted a Personal Licence you are eligible to make an application to join your local LVA, or if there is not one, then you may join the GMV direct. For details of your nearest LVA simply click on the LVA Details page or for direct membership speak to our Executive Officer on 01708-447899, John will answer any queries you have related to membership.

WHAT IS THE ROLE OF THE GMV WITHIN THE LICENSED TRADE?

To provide a professional, purpose built service to meet the ever-changing requirements of our industry.
We ensure licensees receive the best advice and service in line with the Licensing Act 2003 and other legislation, regulations and rules governing the manner in which their premises are operated.
In almost every field we have recommended specialist companies/individuals ensuring the interests of our members are cared for. One such specialist is licensing solicitor. Mr. Thomas Henry of Vizards Wyeth, Dartford, Kent. In the very important field of licensed premises insurance we have an award winning broker, Dickson Insurance Brokers Limited of Watford who specialises in covering licensed premises and offers GMV members discounted premiums rates. The expertise applies to giving advice, information and assistance in matters such as applying for a Premises Licence, a Personal Licence, purchasing the lease or freehold of licensed premises, signing a tenancy agreement, assistance in ensuring fair rent reviews, employment legislation, Health & Safety issues, Environmental Health, Planning and Surveying matters, Licensing Authorities and/or Police prosecutions, appeals in the Magistrates Courts, Variation of a Premises Licence, Revenue & Customs, accountancy and all other matters associated with the licensed trade.

The Executive and Senior Officers and advisors are at hand via the telephone to assist members in matters that are urgent and require instant action. Click on the Senior Officers button and you will obtain details of the Executive and Senior Officers. In less urgent matters a member would normally contact their LVA Secretary or Chairman.

Every member receives, through the post, our bi-monthly magazine, The Guild News, free of charge to keep them informed.

Annual Conference normally takes place in May, in a resort town so that delegates, members and their families can enjoy a few days away mixing pleasure with the business of conference.
As a qualified professional licence holder you should be a member of a trade association in order to ensure you are kept aware of all aspects of what is happening within the industry.
It is not enough to sit back and benefit from the positive achievements of those that work hard for the individual licence holder without making a positive contribution. Membership does not commit you to having to attend lots of meetings and other time consuming activities, we are aware that the operation of a licensed business takes an extra-ordinary amount of time and hard work in the modern business climate. By becoming a member you will be kept well informed of all that is happening with regard the industry through this website and The Guild News.
Membership details are available by clicking on the Senior Officers button.

The National Parliamentary Committee

Our National Parliamentary Committee (NPC) represents the membership at Ministerial level. They meet regularly with other regions in England and Wales and Government representatives, including Ministers, to discuss national matters vital to the concerns of the trade. We have the very able Mr. Bill Sharp FBII looking after the interests of the GMV on the NPC, as well as having a licensing advisory role on Committees of the Department of Culture, Media and Sport (DCMS). Brian Rees FBII is our voting Delegate. The NPC meets quarterly to discuss a variety of matters which are of national interest or concern to the trade. The current Chairman of the NPC is Mr. Bernard Brindley.

Can you afford not to be a member?

Membership is annual; operating from the date the licence holder's application is accepted. The cost of becoming a member of the GMV and receiving the services and protection it offers is just £35.00 per annum, there is in addition an annual fee for joining your local LVA, if one exists, which differs slightly depending on the LVA concerned.
Additional information on membership matters, the work of the GMV and an application form is available from the Executive Officer, Mr. J Madden on 01708 447899.

GMV Social Aspects

The GMV has a comprehensive social side at both local and national level; this includes events arranged by the GMV, local LVA's. Ladies Auxiliaries and the Licenced Trade Charity. The social side incorporates dinner dances, ladies days, golf days, race days, theatre nights and a host of other events all of which give the members the opportunity to meet and discuss the trade with other licensees whilst enjoying the social ambience with fellow members and guests.
WHY BE A MEMBER OF THE GMV?
There is no feeling worse than that of isolation when on your own in times of trouble. As a member of The Guild of Master Victuallers you need never experience that feeling. For membership information contact: John Madden 01708 447899.
Licensed Trade Charity

There is in addition the The Licensed Trade Charity (LTC) which offers support to anyone who does or has worked in the drinks industry and has come upon a difficult time in their lives.
The charity helps all ages, including the children of those working in the trade which further includes the provision of first class schooling at their independant schools if required. Additional examples of support include those suffering from cancer, multiple sclerosis, heart disease, children with disabilities, homelessness and poverty in old age. Their aim is to support people through these difficult times and help them to get back on their feet again. The GMV are positive supporters of the LTC