Legal checklist: Using pubs' outdoor areas
- Is the area in question currently licensed and does it need to be? Are you relying on ‘on’ or ‘off’ sales? Are you selling hot food after 11pm? Is any entertainment outside authorised by your licence, or could you rely on the Live Music Act?
- If you are considering the erection of a temporary bar or indeed barbecue (after 11pm) in the garden of the premises, then the area in question will need to be licensed for the sale of alcohol or late-night refreshment outdoors. This may, of course, be achieved by either the use of a temporary event notice or variation to your licence.
- From a health and safety perspective, you may well need to look at reviewing relevant risk assessments or perhaps undertaking a specific risk assessment in relation to the additional space and activities involved. The risk assessment may identify the requirement for additional staff — for example, to collect glasses — or for further specific staff training and supervision. There are, obviously, inherent dangers in the proximity of a barbecue to young children.
- Additional food safety considerations may also apply, especially if the sort of food being prepared is not typical for the pub. The last thing that you want during a period of busy summer trading is an outbreak of food poisoning as a result of under-cooked sausages or chicken, for example. Again, consideration and review of the risks may reveal a clear need for further staff training in this area.
- What about noise issues? How late into the evening events can run could largely depend upon the proximity of local residents and the degree of tolerance that they show towards your business. A review or a noise abatement notice would certainly put a bit of a dampener on proceedings for the rest of the summer.
Watch a video of Andy Grimsey explaining the implications of trading outside licensed premises
