Fletcher Day Licensing Law

Maria Guida is an Alcohol & Entertainment Licensing lawyer and is a partner at Fletcher Day Solicitors. Covent Garden, London

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Fletcher Day

"We are a modern London law firm with strong client focused practice. Our technical excellence is our biggest asset"

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What lies beneath? Who owns the basement vaults?

There are many properties in Covent Garden, Soho and all over London with basement vaults under the pavement, and even the public highway. It is often difficult to decide who owns them.

This problem often arises in ground floor and basement bars and restaurants.  In these older properties, vaults were used as coal cellars and not designed for modern living. Often riddled with rising and penetrating damp, converting vaults into a dry warm area can greatly increase the value of a commercial property.  Vaults can be used for anything from simple storage to (after tanking, damp proofing and renovation) an atmospheric underground part of the venue.

Many people happily convert vaults, oblivious to the fact that they are not part of their leasehold demise.  This problem usually comes to light when they want to sell, and the premises are proudly marketed showing the extra space.  When the buyer’s solicitor checks the legal title and lease plans however, it often turns out that the basement vaults are simply not shown.  What is worse is that they are not shown on freehold title either, so no-one appears to own them.

Ownership can be established by looking at such things as how long the space has been used for, and whether this use is exclusive, continuous and “as of right?”

The major issue here is the repair obligation. To own it, is to be responsible for it. If you have a lease you need to consider if you want this sole repair responsibility, or whether the freeholder should claim ownership as part of its building so that repair obligations are dealt with adequately under the lease, and the repair costs are shared with other occupiers of the building.

We often make applications for both freeholders and leaseholders to obtain ownership of basement vaults where the question of ownership is unresolved. If this is something that you would like to know more about, please contact Maria Guida, Licensing and Property partner at Fletcher Day LLP on 0207 632 1432 ([email protected]) for specific advice. Twitter: @FDLicensinglaw  

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Did You know that...

Any alternation of your premises could mean that you need to make a minor variation application to the Licensing Authority?

Licensing of live music has undergone an overhaul- speak to us to find out where you stand.

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We Can Help You too..

Change your hours or vary your premises licence.

Apply for an outside tables and chair licence.

Understand your licensing requirements in relation to recorded and live music.

Apply for a personal licence

Hold a special event outside your normal licensing licence

Apply for adult entertainment

Apply for a gaming licence

Apply for a taxi licence

Obtain a licence for outside tables and chairs

Deal with review of your licence, a warning, caution or appeal

Unravel the confusion over PRS and PPL licences

Explain the effect of cumulative impact

Understand your licensing conditions

Deal with any other licensing matter

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The Practical Licensing Lawyers

At Fletcher Day, we understand that your premises or gaming licence is essential to your business.

Our Licensing Lawyers have an in depth knowledge of licensing and gaming law. With extensive experience in all aspects involving licensed premises, including local authority policy, commercial and legal issues, we are able to help and advise on a broad range of matters. This includes applications for gaming licences, personal licences, premises licences and variations of premises licence conditions; negotiations with responsible authorities; advocacy at Licensing Authority Hearings and Magistrates' Courts; advice on and applications for temporary notices; advise on prosecutions, reviews, closure orders and appeals, and the sale and purchase of licensed property.

The Licensing Act 2003 has had a dramatic effect on the control and administration of alcohol licensing for all venues which sell alcohol, provide regulated entertainment and late night refreshment. However, this has not led to the continental café culture, and the "light touch" that was envisaged, but instead a more pro-active and restrictive control imposed on all licensed premises. This has led to a maze of regulation and "red tape", which we expert in dealing with.

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Meet Our Licensing Team

Maria Guida

is a partner and head of Fletcher Day's Licensing Department. As a solicitor with many years' experience in dealing with licensing committees all over London (particularly Westminster, City of London, Camden, Islington, Hackney and Tower Hamlets) as well as the rest of the UK, she is well placed to deal with all types of licensing, gaming and regulatory matters. Maria has given licensing seminars at the City Business Library, has written several articles which has been published in the trade press, and is an associate member of the Institute of Licensing.

Yan Hui

is a solicitor and a member of Fletcher Day's Asia Desk. She assists on all licensing matters including a variety of licensing applications for different types of operators and has particular expertise in the acquisition of licensed premises. Yan speaks fluent English, Malay, Cantonese and Madarin and is a keen networker in the Chinese business community.

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About Fletcher Day

At Fletcher Day LLP we deal with a range of Alcohol Licensing and Gaming law issues and our strength lies in resolving any issues arising out of 'difficult' or 'controversial' applications. We are also equipped with expensive property and planning expertise.

Ask Us a Licensing Question

If you have a question on any aspect of licensing law we will be happy to answer it. Visit our website's online licensing pages to submit your question or instruct us.

Do you want a Free Initial Consultation on any licensing Matter?

Contact: Maria Guida

Tel:        [phone]

Email:    [email protected]

Web:      www.fletcherday.co.uk