LICENSING HUB - LEGAL WITH POPPLESTON ALLEN

Tips for avoiding issues while maximising your beer garden

By David Inzani, partner, Poppleston Allen

- Last updated on GMT

Licensing hub: Poppleston Allen shares tips for avoiding issues while maximising your beer garden’s potential (Credit:Getty/SolStock)
Licensing hub: Poppleston Allen shares tips for avoiding issues while maximising your beer garden’s potential (Credit:Getty/SolStock)
Every year the brief British summer brings out the fair-weather drinkers to quaff cider and Aperol spritz in beer gardens and at bistro tables across the country.

With the right kind of premises, the warm weather is a fantastic opportunity for operators to boost revenue. And, in turn, this can present challenges to staff and give rise to potential enforcement issues.

Below are some top tips from Poppleston Allen Solicitors to help you achieve a problem-free summer whilst making the most of your beer gardens and outdoor spaces:

  1. Know your premises licence conditions
    First and foremost, know what your licence allows you to do. If you’re selling alcohol to a new external area outside of your licensed area, then ensure your licence permits off sales of alcohol. Check for any conditions that may restrict the use of your outside areas or off sales.
  2. Train staff on the importance of outdoor spaces
    Ensure your staff understand the value of your outdoor areas and how they contribute to the business's success during the summer months. Make sure staff are aware of any relevant licence conditions and that they enforce them. For instance, there might be specific hours during which the outdoor areas cannot be used, or specific activities that are not permitted in the outside areas.
  3. Monitor and manage noisy customers
    Prevention is better than cure. Ensure you have enough staff to monitor and manage your outdoor spaces effectively, particularly during peak times. Train your staff to handle increasingly noisy customers, ensuring that noise levels remain acceptable and do not disturb neighbours. This can be difficult as there is no objective test for what is “acceptable” when it comes to noise. It will vary depending on the circumstances and location of each premises and staff need the confidence and local knowledge to use their judgement effectively.
  4. Build positive relationships with neighbours and complainants
    Encourage your staff to foster good relationships with your neighbours. Address any complaints from them promptly and courteously, whether they are customers or not.  If you show genuine interest in resolving complaints, then it is much less likely to escalate to enforcement action from the Council. Ignoring or dismissing concerns is unlikely to make them go away and is very likely to escalate the situation.
  5. Train staff in handling complaints
    Equip your team with the skills to handle complaints effectively. Prompt, polite responses can significantly influence the outcome of any issues that arise. Make sure every team member, not just senior staff, knows how to handle complaints. Complaints can occur at any time, so it's vital that everyone is prepared.
  6. Keep detailed records
    When a complaint or a visit from a Council officer arises, document the interaction. Who visited? What was the complaint? What steps were taken to address them? Did it resolve the issue? This information will be valuable for future reference and to demonstrate your commitment to resolving issues.
  7. Communicate with local authorities
    If a complaint escalates to a formal level and involves local authorities, or if your premises is subject to a routine visit or inspection, engage with the authorities proactively. Visits can often happen at the least convenient times, but how you respond to them in that moment can have a huge influence on the outcome. Building positive relationships and working in partnership with local officers can help mitigate issues and will almost always lead to a more positive outcome for the operator.

By following these tips and taking a proactive approach it will not only help maintain harmony with your neighbours and local authorities and avoid potential conflicts but also ensure that your venue remains a popular and welcoming spot throughout the summer.

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