Thursday, April 24, 2008

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

Tuesday, April 22, 2008

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

Sunday, April 13, 2008

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

Wednesday, April 9, 2008

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

Sunday, April 6, 2008

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.

Thursday, April 3, 2008

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

Tuesday, April 1, 2008

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).