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
Monday, December 8, 2008
Tuesday, September 16, 2008
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
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
Monday, May 26, 2008
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
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
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
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 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
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
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
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