And given that Labour’s first budget in 14 years will add additional costs to running pubs from next year, with increases to national minimum wage and national insurance plus a reduction in rates relief, this year’s Christmas trade might be more important than ever.
With that in mind, here are some top tips on licensing matters that we are commonly asked about at this time:
- If you plan on extending your opening hours or introducing new forms of entertainment, for example a Christmas / New Year’s Eve party with a live band, check whether your plans are covered by your premises licence and not restricted by any conditions. If your existing licence does not permit your intended hours / activities, then you will need a Temporary Events Notice (TEN).
- It is important you apply for your TEN in plenty of time as there are strict rules around time limits. To clarify, a Standard TENs requires 10 clear working days' notice and a Late TENs requires five clear working days' notice. But we urge you to get your applications in early, as we have known the Police to object to TENs submitted in the festive period, often due to concerns over an excessive number of licensed events and limited resources.
- Should your standard TEN receive objections, your council will hold a hearing no later than 24 hours before the event, at which the licensing committee may either approve, add conditions, or reject the notice. If a Late TEN receives any objections, it is declared invalid without a hearing and your TEN will not be granted.
- You might want to offer a cosy Christmas glass of mulled wine, mulled cider or a boozy hot chocolate for takeaway is a popular idea at Christmas. If you wish to offer something like this then you will need to make sure that you are licensed for off sales. Additionally, if you plan to set up a temporary bar somewhere on your premises that is not licensed, you may need to vary your licence layout plans in advance or obtain a TEN for the bar.
- If you plan on hosting a raffle then be aware there are specific rules governing these. Raffles and lotteries are a form of gambling and require licensing unless they are conducted within the strict parameters of certain “permitted lotteries”.
- There are different types of permitted lotteries, such as customer lotteries and incidental lotteries, each with its own specific rules concerning proceeds, prizes and how the draw is conducted. The Gambling Commission offers some helpful online guidance on permitted lotteries, but if you are in any doubt then professional advice should be sought.
- If you would like to place a Christmas tree or anything else on the public highway, then it is important to check whether permission is required from the local council. Furniture to be used to sell or serve food or drink may be permitted under a Pavement Licence, however licensees should be aware that other items on the public highway may need other permissions or licences issued by the local council’s highways department, so we advise checking this before investing in an expensive display.
James Anderson is a partner at Poppleston Allen
