Getting a grip on New Year's Eve

Recently on this page, I answered a question about New Year's Eve this year, following which I had an interesting discussion about entertainment pubs with one of the trade organisations. I think it would be a good idea if I added one or two extra points about New Year's Eve.

l It is true that the 1964 Act inserted new permitted hours into the general law, so your 'grandfather rights' will cover the whole period between the end of permitted hours on 31 December and the start of permitted hours on 1 January. Now, of course, by 'permitted hours' I mean the hours on your premises licence.

l If you held a public entertainment licence (PEL) this was automatically extended as well on New Year's Eve by virtue of the relevant amended legislation. An order was passed in 2002 that changed the law applicable both to London and the rest of England and Wales.

So to be accurate, that all-night extension should be shown on your premises licence (if you have it) in respect of public entertainment. You are therefore fully covered for all-night entertainment.

l But, if you did not have a PEL at the time of transition, the right to have public entertainment on New Year's Eve did not exist, except for the 'two-in-a-bar rule' and recorded music or TV.

l The two-in-a-bar concession did not carry over. For those pubs with small-scale entertainment, therefore, it was necessary to make an application for variation to cover regulated entertainment, stating the hours you required.

l That variation application should have made special provision (in the box marked 'non-standard timings') for New Year's Eve and other special occasions. If you did that properly, then the licensing authority should have given you permission generally for entertainment to continue through the night.

l If you did not specify that date, then your entertainment will only run until the standard hours which you put down. If you want to continue beyond that time for New Year's Eve, then you must put in an application for a Temporary Event Notice for 31 December/1 January, specifically for regulated entertainment, as you already have permission for the retail sale of alcohol.

Sorry if this sounds a bit complicated.

Any complaints may be forwarded to the DCMS. If you want extra guidance, then contact your local licensing officer, who should be able to help.