Bottomless brunches: the legal risks operators must avoid

Q: We are considering doing a “bottomless brunch” promotion with unlimited alcohol. What are the legal consequences of doing this?

A: Ah yes. The bottomless brunch. Whether its mimosas, Prosecco or something else, the all you can drink plus food combination is hugely popular.

For many pubs, it’s a reliable way to fill quieter daytime slots, attract younger demographics, as well as creating a social media‑friendly experience that drives footfall.

But behind the Instagrammable cocktails and the fixed‑price fizz lies a dense web of legal obligations that operators must navigate with precision.

The Licensing Act 2003, mandatory licence conditions, and even advertising standards all intersect here. When handled well, bottomless brunch can be both compliant and profitable. When handled badly, it can expose a venue to serious enforcement action, reputational damage, and even criminal liability.

The first issue is whether bottomless drinking is even legal. The answer is yes, if done properly.

The Licensing Act 2003 does not prohibit fixed‑price or time‑limited alcohol promotions. What it does prohibit is irresponsible drinks promotions, which are banned under the mandatory licensing conditions (MLCs). These apply to every premises licence in England and Wales.

The key condition is the prohibition on promotions that encourage the “significant risk of crime, disorder or harm” by encouraging people to drink excessively or rapidly.

The Home Office guidance gives examples such as “all you can drink for £10”. A poorly designed bottomless brunch can easily fall into this category.

The legal test is not whether the promotion is labelled “bottomless”, but whether it encourages excessive or irresponsible consumption. That is the line operators must not cross.

Various factors

So what makes a bottomless brunch promotion irresponsible in the eyes of the law? Typically, the authorities will look at several factors:

Price point: A very low fixed price for unlimited alcohol is a red flag. If the offer is so cheap that it incentivises drinking as much as possible to “get your money’s worth”, it risks breaching the MLCs.
Duration: Longer sessions increase the risk of excessive consumption. Most compliant operators limit the alcohol element to 60 to 90 minutes.
Speed of service: If staff are topping up glasses automatically or encouraging customers to drink faster, the promotion becomes high‑risk.
Type of alcohol: Unlimited spirits or shots are likely to be considered irresponsible. Most compliant brunches limit the offer to Prosecco, mimosas, beer, or selected cocktails.
Food: A genuine meal requirement is a strong mitigating factor. A token plate of chips or bag of pork scratchings is not.
Controls and supervision: Operators must demonstrate that they can monitor consumption, refuse service where necessary, and maintain order.

If any of these elements are missing, enforcement officers may conclude that the promotion encourages excessive drinking.

So what can happen if you don’t get your offer right? A badly run bottomless brunch could land you in hot water.

Enforcement action is definitely a possibility and include a review of the premises licence (potentially leading to additional conditions, restrictions, suspension or revocation), forced closure of the premises and potentially criminal charges (see below). Let’s not forget the potential for reputational damage too.

And as I say, criminal charges are a risk not worth taking. Breaches of the mandatory condition not to have an irresponsible drink promotion itself is a criminal offence.

But what is often overlooked is whether or not you may be committing an offence is you serve alcohol to a bottomless brunch patron who has possibly already had one or two too many.

The law on this is clear, if not misunderstood; it is a criminal offence to serve alcohol to a person who is drunk.

The fact that the customer paid a fixed price for unlimited drinks does not change this.

It is important to ensure that you are clear on your advertising that you will be complying with the law in that regard to avoid accusations of misleading advertising.

Advertising advice

You should also endure that your staff training is up to date, that you have a clear refusal of service policy and staff are confident to say no when even when the customer may feel entitled to that next glass.

In relation to advertising, the Advertising Standards Authority (ASA) and Portman Group, both regulate alcohol marketing.

Similarly to your mandatory licence conditions, you cannot encourage excessive drinking and you cannot imply or suggest the drinking of alcohol is a challenge or competition.

Your advertising shouldn’t show drunkenness or irresponsible behaviour. Phrases such as “drink as much as you can” or “bottomless chaos” are risky and likely to cause you issues. You should use language which emphasises the experience and not the volume of alcohol to be consumed.

And while this advice applies to the vast majority of premises, some operators will need to consider their premises licence to see if it contains any restrictions which are going to be problematic.

For example, you may have conditions which prohibit drinks promotions which encourage excessive consumption, no alcohol without food, table service only, limits on vertical drinking or the use of security during certain times. All of these examples might impact on your offer so it’s worth double checking.

And while you are at it, you will want to confirm that your premises licence covers you for the hours that you are planning on serving brunch.

It is all good and well advertising your promotion from 11am but if your licence does not start until 12pm, you’ll either need to amend your licence or submit a temporary event notice (TEN).

But do not be deterred. A sensible and responsible promotion is a great way of drawing in customers and helping boost your takings.

The key is to make sure that you do not encourage excessive drinking and you do not serve alcohol to drunk people. With a good food complement and your robust staff training and policies, you increase your chances of success dramatically. Bottoms up!