Licensing@aol.com
Licence for pub garden
Q Is there any need to license the garden of our pub in some way? I never did anything about this during transition and we regularly use the garden for consumption by customers, but now I see someone has been hauled up because his garden was not licensed.
A There is some confusion here. It is not actually necessary to license an area that is solely used for consumption of alcohol, because that is not a licensable activity.
Unfortunately, a number of licensing authorities think it is, which is why conditions have been placed on licences concerning consumption, particularly where a noise problem is anticipated.
The original application form issued
by the Department for Culture Media & Sport (DCMS) did not help matters,
because it contained a guidance note requiring the applicant to include a description of any place provided "for off-consumption of alcohol", which might technically have been the case with some beer gardens.
However, there were numerous licensed premises where the beer garden was included in the licensed area, and these would not have needed specific noting during transition, unless there was an intention to change the conduct of the premises (for example, by installing an outside bar).
It has to be said that even under the old law, the Good Practice Guide did not get this point quite right, assuming that all beer gardens were "off the premises" for the purpose of licensing matters.
This would have meant that a licence holder would have needed an occasional licence for a barbecue when drinks were sold in his own garden.
So as long as your beer garden was considered part of your licensed area under the old regime, there is no need to have it licensed merely for the consumption of alcohol.
Changing your tune
Q We are changing the music offering at our pub to cater for a different type of customer. Someone has said that this conflicts with the undertaking given originally to the council when the licence was granted. I cannot see anything specific on the licence about this, which merely refers to "live and recorded music". Do we need a variation?
A If you are still providing live and recorded music at the premises, but
of a different type, then it is difficult to
see why you would need a variation of
the licence.
If, however, there was a specific
condition on the licence about the type
of music, the hours when it was presented or a limitation on numbers, then any departure from that would undoubtedly require an application.
I am aware that the so-called "operating schedule", which is presented to the licensing authority, sometimes addresses specific points about how the premises are going to be conducted, including the type of customers that are likely to be attracted to the venue.
This does not necessarily form part of the licence terms, however, and it is only when conditions need to be changed that a variation is required.
Clearly, if louder music is going to be performed, then you risk complaints from neighbours and a possible review application, or environmental health visit. Bear this in mind when putting together your new offering.